Ordinance 2402I
MAE:jt
10/19/83
ORDINANCE NO. 2402
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING -
TON, AMENDING SECTION 5.43.080 OF THE EDMONDS
CITY CODE AND ADDING A NEW SECTION 5.43.105
CONCERNING COLLECTION OF MARINE LIFE ON PUBLIC
BEACHES IN THE CITY OF EDMONDS.
WHEREAS, the City Council finds that it is in the
best interest of the general welfare of the citizens of the
City of Edmonds to regulate the collection of marine life
along the City's public beaches, and
WHEREAS, the City Council does not intend to amend or
otherwise affect the provisions of the Edmonds City Code that
regulate the Brackett's Landing Shoreline Sanctuary, now,
therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Section 5.43.080 of the Edmonds City Code
is hereby amended to read as follows:
5.43.080 PROHIBITED ACTS ON BEACHES ADJACENT TO
UNDERWATER PARKS
It is unlawful for any person to violate any of the
following regulations on the city park and beach
lying north of the ferry dock on Main Street
extended and south of the bathhouse situated on
Sunset Beach:
A. When having in his or her possession scuba or
free diving equipment the additional possession
of any device designed for the taking of fish,
bivalves, mollusks, crustaceans or other marine
plant or animal life including, but not limited
to, fishing 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 following:
1. The wearing by scuba or free divers of
knives properly sheathed which are
customarily used by scuba or free divers;
2. The possession of fishing tackle designed
for fishing from above the surface of the
water (excluding scuba or skin diving
equipment) from the fishing pier or
breakwater provided by the city; or
Section 2. A new Section 5.43.105 is hereby added to
the Edmonds City Code to read as follows:
5.43.105 FOR COLLECTION OF MARINE LIFE ON CITY
BEACHES - PERMIT REQUIRED
A. It shall be unlawful for any person to
knowingly engage in any of the following acti-
vities on any public beach in the City of
Edmonds without first obtaining a permit from
the Edmonds Parks and Recreation Director or
designee:
1. To take, possess, injure, or destroy any
bird, mollusk, crustacean, marine or inter-
tidal algae or plant, or any other marine
or intertidal organism of any kind
whatsoever.
2. To possess any device intended for the
taking of birds, mollusks, crustaceans,
marine or intertidal algae or plants or any
other marine or intertidal organisms,
including but not limited to shovels, clam
"guns", buckets, crab pots or traps, hooks,
spears or spear guns of every kind and
description, nets for capturing or retain-
ing in one's possession marine life, gaffs,
or any other similar device.
B. The Parks and Recreation Director may issue
permits for the collection of any marine life
from public beaches, other than the Brackett's
Landing Shoreline Sanctuary, whenever the
issuance of such permit will not materially
jeopardize the continued viability of marine
life on such Edmonds public beaches, or other-
F1
wise be contrary to the continued use and
enjoyment of the city's public beaches.
C. Brackett's Landing Shoreline Sanctuary, as
otherwise regulated by this Chapter, shall not
be subject to the provisions of this section.
Section 3. The Director of Parks and Recreation is
hereby directed to post appropriate signs informing the
general public of the permit requirements of this ordinance
at conspicuous locations on the various public beaches of the
City of Edmonds.
Section 4. Any violations of this ordinance shall be
subject to penalties prescribed by Section 5.43.020 of the
Edmonds City Code.
Section 5. If any section, sentence, clause or
phrase of this ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the vali-
dity or constitutionality of any section, sentence, clause or
phrase of this ordinance.
Section 6. This ordinance shall be in full force and
effect five (5) days after passage and publication by posting
as provided by law.
APPROVED:
MAYOR,' . H. HARRISON
ATTEST/AUTHHENTICATED:
Jtgmzez U/
CITY CLERK, IREN VARNEY MORAN
- 3 -
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: October 20, 1983
PASSED BY THE CITY COUNCIL: October 25, 1983
POSTED: October 26, 1983
EFFECTIVE DATE: October 31, 1983
ORDINANCE NO. 2402
- 4 -
AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON
ss:
COUNTY OF SNOHOMISH
IRENE VARNEY MORAN
, being first duly sworn
on oath deposes and says that s he is over the age of eighteen (18)
years and is competent to testify as to the matter stated herein.
There is no official newspaper or other newspaper printed and
published within the City. In accordance with RCW 35A.12.160, on
the 26 day of OCTOBER , 19 83, affiant posted true and
correct copies of the attached Ordinance No. 2402, passed by the
City Council on the 25 day of
OCTOBER
, 19 83, at the
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
650 Main Street
Edmonds, Washington 98020
Edmonds Branch of United States Post Office
201 Main Street
Edmonds, Washington 98020
DATED this 26 day of
OCTOBER
1983.
SUBSCRIBED AND SWORN to before me this ,2� day of
�9 19 �. : I
of ry Public in and for the
State of Washington, residing
at