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Ordinance 1991ORDINANCE NO. 1991 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 5.80, PARK REGULATIONS, OF THE EDMONDS CITY CODE; DEFINING "BUOYANCY COMPENSA- TOR"; ALLOWING USE IN THE PARK OF CERTAIN WATER CRAFT BY CERTIFIED SCUBA INSTRUCTORS; DELETING THE REQUIREMENT OF SHEATHED KNIVES BEING AFFIXED TO DIVERS; REQUIRING POSSESSION OF PROOF OF SCUBA CERTIFICATION; AND REDEFINING THE AREA PROHIBITED TO EITHER SCUBA OR SKIN DIVING. WHEREAS, the Mayor of the City of Edmonds, Washington, appointed a Scuba Safety Committee to make recommendation to the City Council concerning underwater park regulations, and WHEREAS, the said committee conducted studies and submitted a report to the City Council for consideration at a public hearing which the City Council heard on March 14, 1978, and WHEREAS, the City Council finding it in the public interest, convenience, health and safety to amend Chapter 5.80 of the Edmonds City Code with regard to regulation of underwater parks, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new subsection shall be added to Section 5.80.005 of the Edmonds City Code, reading as follows: (4) "Buoyancy Compensator" refers to an inflatable, personal vest, suit, or other device, attached to the diver and/or the diver's equipment that is capable of being inflated to provide surface flotation for the diver. Section 2. Section 5.80.060(1) of the Edmonds City Code is amended to read as follows: Section 5.80.060(1) Boating and Submersible Vehicles. Subject to written permission as provided below, it is unlawful for any person to water ski, operate any type of boat or watercraft of every kind and description, including, but not limited to boats propelled manually, by wind or motor driven, over or within any underwater park or delineated ingress or egress area into or away from said underwater park, or within two hundred feet in any direction of said underwater park or area delineated for ingress or egress into or away from said underwater park; provided (a) nonsubmersible paddle boards, rubber rafts or inner tubes used as safety flotation devices by scuba divers or free divers shall not be prohibited; and (b) inflatable rafts or boats propelled manually may be used for instructional purposes only during classes conducted by an instructor certified by agencies set forth in Section 5.80.070(4) herein. Section 3. Section 5.80.070(1) and (4) are hereby amended to read as follows: 5.80.070 Prohibited acts within underwater park. The following acts are unlawful and are prohibited within the boundary of any underwater park: (1) Possession of any device designed for the taking of fish, bivalves, mollusks, crustaceans, or other marine plant and/or animal life including, but not limited to, fish lines, poles or hooks, spears or spear guns of every kind and description, nets for taking or collecting already taken marine life, gaffs, stringers designed for attaching fish, or any other similar hunting and/or fishing device of every kind and description; provided, however, nothing herein shall be construed to prevent the wearing by scuba divers or skin divers of knives properly sheathed which are customarily used by divers; (2) The taking or possession of any fish, bivalve, mollusk, crustacean or any other type of marine organism, whether plant or animal, of any kind and description; (3) Scuba diving and/or free diving alone or without a "buddy" or scuba diving companion both of which persons shall be capable of mutual rescue; (4) Scuba diving or possessing scuba diving apparel and equipment, unless in possession of written proof of being certified by an instructional CRE program recognized by the Washington Council of Skin Diving Clubs or in possession of a current registration card issued by the Supervisor of Safety, State of Washington, Department of Labor and Industries, pertaihina to scuba diving; (5) Scuba diving without wearing a buoyancy compensator (Ord. 1921 §1, 1977; Ord. 1507 §1(part), 1970). Section 4. Section 5.80.080(1)(a) is hereby amended to delete the requirement of knives being affixed to divers to read as follows: Section 5.80.080(1)(a) The wearing by scuba or free divers of knives properly sheathed which are customarily used by scuba or free divers, ... Section 5. Section 5.80.085 of the Edmonds City Code is hereby amended to redefine the area prohibited from scuba and/or skin diving as follows: 5.80.085 Scuba and skin diving prohibited. (a) Except as authorized in Edmonds City Code Section 5.80.090, no person shall scuba or skin dive in the following described area: Those waters lying northerly and easterly of a line extending from a boundary marker on the northwest corner of the northern breakwater of the Port of Edmonds marina, that line extending northwesterly 275 feet to a marker buoy, thence northeasterly 1,050 feet to a marker buoy, thence southeasterly to the northeastern end of the City of Edmonds public beach. (b) The Edmonds Parks and Recreation Department shall place appropriate notices prohibiting scuba and skin diving in the area described above. -3- Section 6. This ordinance shall be effective five days after passage and publication by posting as provided by law. APPROVED: MAYOR, H. H. Harrison ATTEST/AUTHENTICATED: CITY CLERK, IrerRe Varney Moran APPROVED AS TO FORM: OFFICE THE CITY ATTORNEY By LfzL FILED WITH THE CITY CLERK: April 26, 1978 PASSED BY THE CITY COUNCIL: May 2, 1978 POSTED: May 3, 1978 EFFECTIVE DATE:May 8, 1978 CEIM AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) Tram Varney Moran , being first duly sworn on oath deposes and says that _he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. On the 3rd day of May , 197 8 , affiant posted true and correct copies of the attached Ordinance No. 1991 passed by the City Council on the 2nd day of May 1978 , at the three official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmond Branch of the United States Post Office 201 Main Street Edmonds, Washington 98020. DATED this 3rd day of May , 1978 . 117 SUBSCRIBED AND SWORN to before me this day of 19 7 -k. Ndtary Public in and for the State of Washington, c�� residing at