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Ordinance 1579ORDINANCE NO._J AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON AMENDING THE EDMONDS BOATING CODE, CHAPTER 5.52, BY AMENDING THE DEFINITION OF "WATERCRAFT", ADDING A NEW DEFINITION OF "OWNER", PROHIBITING UNAUTHORIZED MOORAGE OF WATERCRAFT AND TRESPASS UPON WATERCRAFT, DOCKS AND OTHER NAVIGATIONAL AIDS, AND PROVIDING PENALTIES. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Boating Code, Section 5.52.020, is hereby amended to read as follows: Section 5.52.020 Definitions. (1) "Owner" for the purpose of this Chapter shall include the owner of private property, or any lawful tenant or other occupant having been given lawful possession of such private property, or in the case of publicly owned property, any officer or otherwise delegated official having control over said publicly owned property, and any tenant with respect to such publicly owned pro- perty who has rented or leased all or a portion of such publicly owned property, and any employee of such publicly owned property or facility. (2) "Watercraft" means any contrivance used or capable of being used as a means of transportation on water specifically including but not limited to any boat, yacht, or houseboat, whether powered by engine, sail, motor or occupant or occupants. Section 2. There is hereby added a new section to the Edmonds Boating Code reading as follows: Section 5.52.085 Unlawful moorage and trespass. It is unlawful for any person or persons to do any of the following acts, and the doing of the same shall constitute a misdemeanor: (1) To moor or tie up any watercraft on or to any public or private pier, dock, float, piling, breakwater, or other similar marine structure, without having first secured the permission of the owner; (2) To go upon any public or private pier, dock, float, piling, breakwater or other similar marine structure, after having been told to leave by the owner, or after any previously obtained permission has expired or has been revoked; (3) To go upon any public or private pier, dock, float, piling, breakwater or other similar marine structure posted with a sign indicating such per- son or class of persons are not permitted to enter onto such place; (4) To go upon or into any watercraft without having first secured the permission of the owner; PROVIDED, however, the acts prohibited by this Section shall not prohibit persons acting in the distress of an emergency which immediately affects life or property from doing the otherwise herein prohibited acts during the period of the existence of the emergency. Section 3. The Edmonds Boating Code, Section 5.52.090 is hereby amended to read as follows: Section 5.52.090 Penalty where violation. The violation of any of the provisions of this Chapter shall be a misdemeanor and shall be punishable by a fine and/or by imprisonment as set forth in Section 5.12.170 of the Edmonds City Code. APPROVED: ATTEST: CITY CLERK PASSED BY THE CITY COUNCIL: October 19, 1971 FILED WITH THE CITY CLERK: October 5, 1971 PUBLISHED: October 27, 1971 -2- 266