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Ordinance 2152t ORDINANCE NO. X / 5 a AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 5.52.065 OF THE EDMONDS CITY CODE PROHIBITING THE OPERATION OF INTERNAL COMBUSTION, MOTOR P0WERED WATERCRAFT ON LAKE BA LLINGER, PROVIDING FOR SPECIAL OCCASION PERMITS, CERTAIN EXEMPTIONS AND PENALTIES WHEREAS, the City Council of the City of Edmonds, Wash- ington, by Ordinance No. 2140 added a new Section 5.52.065 to the Edmonds City Code for the reasons more fully set forth in said Ordinance No. 2140, and WHEREAS, the City of Edmonds and the City of Mountlake Terrace should coordinate their respective police jurisdiction over Lake Ballinger, now, therefore THE CITY COUNCIL OF THE CITY OF EDMONDS, WASH- INGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 5.52.065 of the Edmonds City Code, and Section 1 of Ordinance No. 2140, be and the same are hereby amend- ed to read as follows: "5.52.065 INTERNAL COMBUSTION ENGINES PROHIBITED No person shall use or operate any internal combustion motor powered watercraft within or upon the waters of Lake Ballinger within the juris- dictional limits of the City of Edmonds over said lake. It shall be further unlawful for any person to launch any internal combustion motor powered watercraft within or upon said Lake Ballinger from any property, either public or private, from any place within the city limits t of the City of Edmonds. Notwithstanding the foregoing, the following special exceptions shall be lawful: A. The Mayor of the City of Edmonds, or his designee, may authorize special occasion permits in writing in such form as the Mayor or his designee may provide for the launching and/or operation of internal combustion motor powered watercraft within and/or on Lake Ballinger within the juris- diction limits of the City of Edmonds for periods of not in excess of six consecutive hours on any one day for ceremon- ial and other appropriate purposes consistent with appropri- ate utilization and conservation of said lake. B. The officers and employees of governmental law enforcement, fire and research agencies are exempt from the provisions of this section of the Edmonds City Code, and need not obtain a written permit for launching and/or operation of internal combustion motor powered watercraft upon said lake, provided that said launching and/or use is limited to the performance of his or her duties in behalf of said governmental agency." Section 2. Any person violating any provision of this Ordi- nance shall be guilty of a misdemeanor and upon conviction thereof, be punished as set forth in Section 5.45.020 of the Edmonds City Code. Section 3. If any word, phrase, clause or other portion of this Ordinance is held invalid or unconstitutional by a court of com- petent jurisdiction, the remaining portions of this Ordinance shall not be affected. Section 4. 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. H. HARRISON Two ATTEST/AUTHENTICATED: CIT7 CLERK, TRE EOVARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: FILED'WITH THE CITY CLERK: June 26, 1980 PASSED BY THE CITY COUNCIL: July 1. 1980 POSTED: July 2, 1980 EFFECTIVE DATE: July 7, 1980 Three AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that she 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 2 . day of JULY , 1980, affiant posted true and correct copies of the attached Ordinance No. , passed by the City Council on the I day of JULY , 1980, 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 2 day of JULY , 1980. SUBSCRIBED AND SWORN to before me this day of 19!) . i _ r' ❑ta y Public in and for the State of Washington, ton, residing at Cr�-2�