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Ordinance 2140WDT/al 5/7/80 ORDINANCE NO. 2140 AN ORDINANCE FOR THE CITY OF EDMONDS, WASH- INGTON, ADDING A NEW SECTION 5.52.065 TO THE EDMONDS CITY CODE PROHIBITING THE OPERA- TION OF INTERNAL COMBUSTION, MOTOR POWERED WATERCRAFT ON LAKE BALLINGER. WHEREAS, the City Council of the City of Edmonds finds that Lake Ballinger is surrounded on the west and south shores by single family residences and that the sur- rounding property owners, as well as members of the public at large, use and enjoy the waters of Lake Ballinger for recreation and other purposes, and WHEREAS, the City of Edmonds, in cooperation with other governmental agencies has undertaken to improve and maintain the water quality of Lake Ballinger in order that the neighboring residents and the public at large may con- tinue to use and enjoy the lake, and WHEREAS, the City Council finds that internal com- bustion engines contribute to pollution of the waters of the lake and contribute to excess noise which disturbs the public peace, and thus lessens the public's enjoyment of the lake, and WHEREAS, restricting the operation of internal combustion engines on Lake Ballinger would still allow the abutting property owners and the public at large reasonable use of the waters of the lake, and WHEREAS, the City Council finds that the following ordinance will be in the best interests of the public health, safety and general welfare, now, therefore, -1- THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. A new Section 5.52.065 is hereby added to the Edmonds City Code to read as follows: "5.52.065 INTERNAL COMBUSTION ENGINES PROHIBITED. No person shall use or operate internal combustion motor powered watercraft upon the waters of Lake Ballinger; pro- vided, however, the provisions of this section shall not apply to governmental law enforcement agencies and fire departments." Section 2. Any person violating any provision of this ordinance 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 unconstitu- tional by a court of competent 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 ATTEST/AUTHENTICATED: CITY CLERK, IREN VARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORI�I�EY BY " e0ic_.;t1_ -11 FILED WITH THE CI Y CLE K: May 7, 1980 PASSED BY THE CITY COU CIL: May 13, 1980 POSTED: May 14, 1980 EFFECTIVE DATE: May 19, 1980 -2- 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 14 day of MAY , 19 80, affiant posted true and correct copies of the attached Ordinance No. 2140, passed by the City Council on the 13 day of MAY , 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 14 day of MAY 1980. SUBSCRIBED AND SWORN to before me this 14 day of to y Public in and for the State of Washington residing at�_��