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Ordinance 2284MAE/lc 3/25/82 ORDINANCE NO. 2284 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, AMENDING SECTION 5.43.005 OF THE EDMONDS CITY CODE ADDING THE DEFINITIONS OF "BRACKETT'S LANDING SHORELINE SANCTUARY," AND "MOTORIZED BOAT;" ADDING A NEW SECTION 5.43.110 PROHIBITING CERTAIN ACTS WITHIN THE BRACKETT'S LANDING SHORELINE SANCTUARY; ADDING A NEW SECTION 5.43.120 PROVIDING FOR A SHORELINE SANCTUARY PERMIT; ADDING A NEW SECTION 5.43.130 DECLARING PUBLIC NUISANCES; AND ADDING A NEW SECTION 5.43.140 PROVIDING PENALTIES. WHEREAS, the City Council authorized the formation of the Brackett's Landing Marine Preservation Task Force to establish a comprehensive plan and make a recommendation to the City Council concerning a shoreline sanctuary, and WHEREAS, said Task Force conducted studies, gathered information, and submitted a report to the City Council for consideration at a public hearing held on March 16, 1982, and WHEREAS, the City Council finds that it is in the public interest, health, safety and general welfare to create a Brackett's Landing Shoreline Sanctuary to protect the marine life in such sanctuary and to provide for the issuance of shoreline sanctuary permits solely for the purpose of scientific research, educational activities, and emergencies, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 5.43.005 is hereby amended add- ing the following definitions of "Brackett's Landing Shore- line Sanctuary" and "Motorized boat" and relettering the existing definitions to be alphabetically consistent with this amendment: A. Brackett's Landing Shoreline Sanctuary means that marine resource area lying between the inner harbor line and the western most boundary of the railroad right of way and between the ferry dock on Main Street and a line extending due west from the end of Caspers Street. The Brackett's Landing Shoreline Sanctuary is reserved solely to provide the public, scien- tists and students the opportunity to examine over a period of time the ecological relation- ships within such area. B. Motorized boat means any boat or other water craft propelled by any device that converts any form of energy into mechanical energy, includ- ing, but not limited to internal combustion engines, electric motors, steam engines, or sails specifically excepting, however, water craft powered solely by human exertion. Section 2. A new Section 5.43.110 is hereby added to the Edmonds City Code to read as follows: 5.43.110 Prohibited Acts within Brackett's Landing Shorline Sanctuary: It is unlawful for any person to knowingly commit any of the following acts within the Brackett's Landing Shoreline Sanctuary except when permitted by special permit obtained as provided below: A. To injure, destroy or otherwise contribute to the physical degradation of the habitat of any fish, bird, mollusk, crustacean, marine or intertidal algae or plant, or any other marine or intertidal organism. B. To take, possess, injure, or destroy any bird, mollusk, crustacean, marine or intertidal algae or plant, or any other marine or intertidal organism of any kind whatsoever. -2- C. To possess any device intended for the taking of birds, mollusks, crustaceans, marine or inter- tidal 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 retaining in one's posession marine life, gaffs, or any other similar device. D. To ignite, fuel, maintain or permit any fire except a fire in a facility specifically designed for open fires and expressly designated as such by the Parks and Recreation Director, or contained cooking stoves including but not limited to a charcoal, gas or propane stove or grill. E. To operate or permit to operate any motorized boat except a Washington State Ferry to the extent necessary for docking operations. Section 3. A new Section 5.43.120 is hereby added to the Edmonds City Code to read as follows: 5.43.120 Shoreline Sanctuary Permit A. Any person may engage in an activity prohibited by Section 5.43.110A through C provided such person obtains and possesses a "Shoreline Sanc- tuary permit" issued by the Director of Parks and Recreation or designee. B. Such permit shall only be issued upon a showing to the satisfaction of the Parks and Recreation Director or designee that such permit is neces- sary for scientific research, educational endeavors or because of an emergency threatening the public health, safety and/or general welfare or the marine Life of such sanctuary. The per- mit shall set forth: 1. The activity allowed. 2. The dates such permit shall be effective. 3. The name of the person to whom the permit is issued. -3- Section 4. A new Section 5.43.130 is hereby added to the Edmonds City Code declaring a public nuisance as follows: 5.43.130 Acts Deemed A Public Nuisance Any action which materially injures or threatens harm to any marine organism in the Brackett's Landing Shoreline Sanctuary or which materially degrades the physical habitat of such marine organisms, shall be deemed a public nuisance sub- ject to injunctive relief and civil damages for any such harm. Section 5. A new Section 5.43.140 is hereby added to the Edmonds City Code prescribing penalties as follows: 5.43.140 Penalties Any person violating any provision of Section 5.43.110 of this Chapter shall be guilty of a misdemeanor and shall be subject to fines and/or imprisonment as set forth in Section 5.45.020 of this Code. Section 6. If any portion or the application of any portion of this ordinance is held to be invalid by a court of competent jursidiction, the validity of all other portions of this ordinance, or their application, shall not be affected. Section 7. The Parks and Recreation Director, or designee, is hereby directed to erect signs notifying the public of the boundaries of the Brackett's Landing Shoreline Sanctuary and of the acts prohibited by this ordinance. -4- Section 8. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: f i H. H. HARRISON ATTEST/AUTHENTICATED: MAYOR, CITY CLERK, IREARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WI` l THE CITY CLERK: March 26, 1982 PASSED BY THE CITY COUNCIL: April 6, 1982 POSTED: April 7, 1982 EFFECTIVE DATE: April 12, 1982 -5- 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 7 day of April , 19 82, affiant posted true and correct copies of the attached Ordinance No. 2284, passed by the City Council on the 6 day of April , 1982 , 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 Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 7 day of Apri 1 , 1982. ere" 2;�� SUBSCRIBED AND SWORN to before me this % day of I 19 of y Public in and for the State of Washington, residing at 94zG�_Y=e