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Ordinance 2402I MAE:jt 10/19/83 ORDINANCE NO. 2402 AN ORDINANCE OF THE CITY OF EDMONDS, WASHING - TON, AMENDING SECTION 5.43.080 OF THE EDMONDS CITY CODE AND ADDING A NEW SECTION 5.43.105 CONCERNING COLLECTION OF MARINE LIFE ON PUBLIC BEACHES IN THE CITY OF EDMONDS. WHEREAS, the City Council finds that it is in the best interest of the general welfare of the citizens of the City of Edmonds to regulate the collection of marine life along the City's public beaches, and WHEREAS, the City Council does not intend to amend or otherwise affect the provisions of the Edmonds City Code that regulate the Brackett's Landing Shoreline Sanctuary, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 5.43.080 of the Edmonds City Code is hereby amended to read as follows: 5.43.080 PROHIBITED ACTS ON BEACHES ADJACENT TO UNDERWATER PARKS It is 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 bathhouse situated on Sunset Beach: A. When having in his or her possession scuba or free diving equipment the additional possession of any device designed for the taking of fish, bivalves, mollusks, crustaceans or other marine plant or animal life including, but not limited to, fishing 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 following: 1. The wearing by scuba or free divers of knives properly sheathed which are customarily used by scuba or free divers; 2. 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 Section 2. A new Section 5.43.105 is hereby added to the Edmonds City Code to read as follows: 5.43.105 FOR COLLECTION OF MARINE LIFE ON CITY BEACHES - PERMIT REQUIRED A. It shall be unlawful for any person to knowingly engage in any of the following acti- vities on any public beach in the City of Edmonds without first obtaining a permit from the Edmonds Parks and Recreation Director or designee: 1. To take, possess, injure, or destroy any bird, mollusk, crustacean, marine or inter- tidal algae or plant, or any other marine or intertidal organism of any kind whatsoever. 2. To possess any device intended for the taking of birds, mollusks, crustaceans, marine or intertidal algae or plants or any other marine or intertidal organisms, including but not limited to shovels, clam "guns", buckets, crab pots or traps, hooks, spears or spear guns of every kind and description, nets for capturing or retain- ing in one's possession marine life, gaffs, or any other similar device. B. The Parks and Recreation Director may issue permits for the collection of any marine life from public beaches, other than the Brackett's Landing Shoreline Sanctuary, whenever the issuance of such permit will not materially jeopardize the continued viability of marine life on such Edmonds public beaches, or other- F1 wise be contrary to the continued use and enjoyment of the city's public beaches. C. Brackett's Landing Shoreline Sanctuary, as otherwise regulated by this Chapter, shall not be subject to the provisions of this section. Section 3. The Director of Parks and Recreation is hereby directed to post appropriate signs informing the general public of the permit requirements of this ordinance at conspicuous locations on the various public beaches of the City of Edmonds. Section 4. Any violations of this ordinance shall be subject to penalties prescribed by Section 5.43.020 of the Edmonds City Code. Section 5. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the vali- dity or constitutionality of any section, sentence, clause or phrase of this ordinance. Section 6. 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. HARRISON ATTEST/AUTHHENTICATED: Jtgmzez U/ CITY CLERK, IREN VARNEY MORAN - 3 - APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: October 20, 1983 PASSED BY THE CITY COUNCIL: October 25, 1983 POSTED: October 26, 1983 EFFECTIVE DATE: October 31, 1983 ORDINANCE NO. 2402 - 4 - 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 26 day of OCTOBER , 19 83, affiant posted true and correct copies of the attached Ordinance No. 2402, passed by the City Council on the 25 day of OCTOBER , 19 83, 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 650 Main Street Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 26 day of OCTOBER 1983. SUBSCRIBED AND SWORN to before me this ,2� day of �9 19 �. : I of ry Public in and for the State of Washington, residing at