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Ordinance 1507ORDINANCE NO. A-0 7 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON AMENDING CHAPTER 5.80 OF THE EDMONDS CITY CODE, PUBLIC PARKS, SETTING FORTH A NEW SECTION DEFINING TERMS, AMENDING EXISTING SECTION TO CONFORM THE SAME TO THE NEW DEFINITIONS, CREATING A NEW SECTION CROSS -REFERRING UTILIZATION OF EQUESTRIAN AREAS IN PUBLIC PARKS TO EXISTING REGULATIONS THEREFOR, PROVIDING NEW REGULATORY MEASURES CONCERNING UNDER- WATER PARKS AND DIVING AND PROVIDING PENALTIES. WHEREAS, after due consideration and public hearings relative to parks, owned, leased or otherwise operated by the City of Edmonds, the City Council has deemed it in the public interest to amend the Public Parks Chapter of the Edmonds City Code, Chapter 5.80, to create a new section of the Edmonds City Code (Section 5.80.005) defining terms; to amend Sections 5.80.010 through 5.80.030 to conform the same to the new definitions; to create a new section of said Chapter (Section 5.80.050) for cross-reference purposes rela- tive to providing equestrian areas in public parks; and to create four new sections (Sections 5.80.060 through 5.80.090) regulating the utilization of underwater parks, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The following sections of the Edmonds City Code are hereby amended and newly created to read as follows: Section 5.80.005 Definitions. When used in this Chapter the following terms shall have the following meanings: (1) "Park" refers to public parks, including under- water parks, beaches and playgrounds, owned by, leased or otherwise under the direct supervision and/or control of the City of Edmonds. (2) "Scuba Diving" refers to the acts of persons who are in, upon or under the water either wearing or otherwise utilizing any breathing device intended to extend the user's time under water beyond his normal lung capacity. (3) "Skin Diving" and/or "free diving" refers to the acts of a person who is in, upon or under the water while wearing an exposure suit, swim fins and face mask (or goggles). Section 5.80.010 Park closing hours. All parks shall be closed between the hours of 10 o'clock p.m. and 6 o'clock a.m. each and every day, unless other- wise posted by the City Park and Recreation Department. It shall be unlawful for any person to loiter on, remain in, or otherwise be on said premises between the stated hours unless written permission is granted by the Mayor, a department head or a police officer or fireman of said City. Section 5.80.020 Specially designated hours by posting. The Director of Parks and Recreation is hereby authorized to post a notice or notices as the case may be of closing hours for any and all parks to set forth different hours of closure than those set forth in said Section 5.80.010. The posted notice or notices shall set forth the hours of closure for said premises and shall be placed in a conspicuous place or places at each drive-in or pedestrian access provided by the City to said park or parks. In the event the Park and Recreation Director modifies the hours of closure as provided herein, he shall maintain a list of said parks in which said modified closing hours are in effect, shall file a copy with the City Clerk, and said list shall be open and available for public 50Z inspection. In the event the hours of closure are modified as herein provided for any park, it shall be unlawful to loiter on, remain in, or otherwise be on said premises during the hours as posted by the Director of Parks and Recreation as provided herein. Section 5.80.030 Motor vehicles prohibited from City parks. It shall be unlawful to operate motor vehicles of every kind and description, whether licensed or unlicensed specifically including two -wheeled motor vehicles such as mini -bikes, motorcycles and trail - bikes, in or on any park, provided, the Director of Parks and Recreation is hereby authorized to post a notice or notices prescribing parking areas, roadways, entrances and exits for motor vehicles to and within said parks which posted areas, and only said areas, shall be open for motor vehicular purposes. The owner and/or operator of any motor vehicle found within or on any said public park, other than in the areas posted as hereinabove provided shall be guilty of a misdemeanor. Section 5.80.050 Horses and similar animals. Unless otherwise directed by the Director of Parks and Recreation as set forth in Section 3.30.080, it shall be unlawful for any person to ride, lead or otherwise permit any horse, jackass, mule, donkey, burrow and/or bovine animal to be within or on any park. Section 5.80.060 Underwater park regulation. In addition to the regulations applicable to all parks as set forth in the Edmonds City Code the following additional regulations shall be applicable to underwater parks and it shall be unlawful for any person to violate the terms thereof. MIC (1) Boating and submersible vehicles. Subject to written permission as provided below, it shall be unlawful for any person to waterski, operate any type of boat 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 200 feet in any direction of said underwater park or area delineated for ingress or egress into or away from said underwater park, Provided, nonsubmerisble paddle boards, rubber rafts or inner - tubes used as safety flotation devices by scuba divers or free divers shall not be prohibited. (2) Scuba diving and/or free diving. Subject to the written permission provided below, it shall be unlawful for any person to scuba dive and/or free dive within three hundred feet of any public boat launching or mooring facilities and/or public ferry landings except in City owned or leased underwater parks. (3) Non -swimming areas may be designated as set forth in Sections 5.52.080 through 5.52.082 of the Edmonds City Code. Section 5.80.070 Prohibited acts within underwater parks. The following acts are unlawful and hereby prohibited within the boundary of any underwater park: (1) Possession of any device designed for the taking of fish, bi-valves, mollusks, crustaneans, 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 -4- designed for attaching fish, or any other similar hunting and/or fishing device of every kind and descrip- tion, 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 scuba divers and which are securely affixed to said diver. (2) The taking or possession of any fish, bi-valve, 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 unless certified by an instructional program recognized by the Washington Council of Skin Diving Clubs or in possession of a current registration card issued by the Supervisor of Safety, Department of Labor and Industries,pertaining to scuba diving. Section 5.80.080 Prohibited acts on beaches adjacent to underwater parks. It shall be 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 bath house situated on Sunset Beach: (1) When having in his or her possession scuba or free diving equipment the additional possession of any device designed for the taking of fish, bi-valves, mollusks, crustaceans or other marine plant 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 ME shall be construed to prevent the following: (a) the wearing by scuba or free divers of knives properly sheathed which are customarily used by scuba or free divers and which are securely affixed to said diver, (b) 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 (c) the possession of clam digging equipment such as shovels, clam "guns" or buckets for digging clams from the beach itself and upland from the water's edge. (2) The taking or possession of any fish, bi- valve, mollusk, crustacean, or any other type of marine organism, whether plant or animal, of any kind or description except as provided in subparagraphs 1(b) and l(c) above. Section 5.80.090 Special exceptions by permission. The acts prohibited specifically relating to underwater parks in Section 5.80.060 through 5.80.080, shall be lawful for such purposes as research, emergency situ- ations and organized activities under the superivision of the Parks and Recreation Department, when express permission is granted in writing by anyone of the following persons or organizations (except in emergencies involving immediate danger to life and/or property): (1) Any department head of the City of Edmonds, (2) Any fireman or police officer of said City, (3) Any Commissioner of the Port of Edmonds, or the Port manager, or (4) The State Department of Fisheries. Section 2. Any person or persons who shall violate or fail to comply with any of the provisions of this Chapter, or any part thereof, shall upon conviction of said violation -6- be punished by a fine, or by imprisonment in jail, or by both such fine and imprisonment as set forth in Section 5.12.170 of the Edmonds City Code, which section by this reference is incorporated herein as if set forth in full. APPROVED: MAYOR ATTEST: CITY CLERK FILED WITH THE CITY CLERK: November 3, 1970 PASSED BY THE City Council: November 3, 1970 PUBLISHED: November 11, 1970 -7- M E M O R A N D U M June 10, 1988 TO: Jackie Parrett, City Clerk Administrative Services Department FROM: Jim Barnes, Manager Parks and Recreation Division SUBJECT: ADJUSTED BEACH PARK HOURS MAY - SEPTEMBER In accordance with City Code 5.32.010 and 5.32.020, the following revision of posted parks hours is to be on file for public inspection in your office: All City of Edmonds beach parks will be open according to the following schedule: May 1 through September 31, 1988 - 6:00 a.m. to 11:00 p.m. JB/ma cc: Mayor Parks & Recreation Staff Peter Hahn Police Department Fire Department HOURS/TXTPARKS