Ordinance 1991ORDINANCE NO. 1991
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 5.80, PARK REGULATIONS, OF THE
EDMONDS CITY CODE; DEFINING "BUOYANCY COMPENSA-
TOR"; ALLOWING USE IN THE PARK OF CERTAIN WATER
CRAFT BY CERTIFIED SCUBA INSTRUCTORS; DELETING THE
REQUIREMENT OF SHEATHED KNIVES BEING AFFIXED TO
DIVERS; REQUIRING POSSESSION OF PROOF OF SCUBA
CERTIFICATION; AND REDEFINING THE AREA PROHIBITED
TO EITHER SCUBA OR SKIN DIVING.
WHEREAS, the Mayor of the City of Edmonds, Washington,
appointed a Scuba Safety Committee to make recommendation to
the City Council concerning underwater park regulations, and
WHEREAS, the said committee conducted studies and
submitted a report to the City Council for consideration at
a public hearing which the City Council heard on March 14,
1978, and
WHEREAS, the City Council finding it in the public
interest, convenience, health and safety to amend Chapter
5.80 of the Edmonds City Code with regard to regulation of
underwater parks, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. A new subsection shall be added to
Section 5.80.005 of the Edmonds City Code, reading as follows:
(4) "Buoyancy Compensator" refers to an
inflatable, personal vest, suit, or other device,
attached to the diver and/or the diver's equipment
that is capable of being inflated to provide
surface flotation for the diver.
Section 2. Section 5.80.060(1) of the Edmonds
City Code is amended to read as follows:
Section 5.80.060(1) Boating and Submersible
Vehicles. Subject to written permission as provided
below, it is unlawful for any person to water ski,
operate any type of boat or watercraft 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 two hundred
feet in any direction of said underwater park or
area delineated for ingress or egress into or away
from said underwater park; provided (a) nonsubmersible
paddle boards, rubber rafts or inner tubes used as
safety flotation devices by scuba divers or free
divers shall not be prohibited; and (b) inflatable
rafts or boats propelled manually may be used for
instructional purposes only during classes conducted
by an instructor certified by agencies set forth
in Section 5.80.070(4) herein.
Section 3. Section 5.80.070(1) and (4) are hereby
amended to read as follows:
5.80.070 Prohibited acts within underwater park.
The following acts are unlawful and are prohibited
within the boundary of any underwater park:
(1) Possession of any device designed for
the taking of fish, bivalves, mollusks, crustaceans,
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 designed for attaching
fish, or any other similar hunting and/or fishing
device of every kind and description; 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 divers;
(2) The taking or possession of any fish,
bivalve, 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 or possessing scuba diving
apparel and equipment, unless in possession of
written proof of being certified by an instructional
CRE
program recognized by the Washington Council of
Skin Diving Clubs or in possession of a current
registration card issued by the Supervisor of
Safety, State of Washington, Department of Labor
and Industries, pertaihina to scuba diving;
(5) Scuba diving without wearing a buoyancy
compensator (Ord. 1921 §1, 1977; Ord. 1507 §1(part),
1970).
Section 4. Section 5.80.080(1)(a) is hereby
amended to delete the requirement of knives being affixed to
divers to read as follows:
Section 5.80.080(1)(a) The wearing by scuba
or free divers of knives properly sheathed which
are customarily used by scuba or free divers, ...
Section 5. Section 5.80.085 of the Edmonds City
Code is hereby amended to redefine the area prohibited from
scuba and/or skin diving as follows:
5.80.085 Scuba and skin diving prohibited.
(a) Except as authorized in Edmonds City Code
Section 5.80.090, no person shall scuba or skin
dive in the following described area:
Those waters lying northerly and easterly of a
line extending from a boundary marker on the
northwest corner of the northern breakwater of the
Port of Edmonds marina, that line extending northwesterly
275 feet to a marker buoy, thence northeasterly
1,050 feet to a marker buoy, thence southeasterly
to the northeastern end of the City of Edmonds
public beach.
(b) The Edmonds Parks and Recreation Department
shall place appropriate notices prohibiting scuba
and skin diving in the area described above.
-3-
Section 6. This ordinance shall be effective five
days after passage and publication by posting as provided by
law.
APPROVED:
MAYOR, H. H. Harrison
ATTEST/AUTHENTICATED:
CITY CLERK, IrerRe Varney Moran
APPROVED AS TO FORM:
OFFICE THE CITY ATTORNEY
By LfzL
FILED WITH THE CITY CLERK: April 26, 1978
PASSED BY THE CITY COUNCIL: May 2, 1978
POSTED: May 3, 1978
EFFECTIVE DATE:May 8, 1978
CEIM
AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON )
) ss:
COUNTY OF SNOHOMISH )
Tram Varney Moran , being first duly sworn
on oath deposes and says that _he is over the age of eighteen
(18) years and is competent to testify as to the matter
stated herein.
On the 3rd day of May , 197 8 , affiant
posted true and correct copies of the attached Ordinance No.
1991 passed by the City Council on the 2nd day of
May 1978 , at the three 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
Edmond Branch of the
United States Post Office
201 Main Street
Edmonds, Washington 98020.
DATED this 3rd day of May , 1978 .
117
SUBSCRIBED AND SWORN to before me this day of
19 7 -k.
Ndtary Public in and for the
State of Washington,
c�� residing
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