Ordinance 2425SEF:jt
4/13/84
ORDINANCE NO. 2425
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING -
TON, AMENDING SECTION 5.43.090 OF THE EDMONDS
CITY CODE PERMITTING CERTAIN UNDERWATER
MAINTENANCE ACTIVITIES.
WHEREAS, Section 5.43.090 of the Edmonds City Code
restricts scuba diving near any Edmonds fishing pier, and
WHEREAS, The City Council finds that it is in the
City's interest to permit limited diving in the vicinity of
the fishing pier for the sole purpose to remove debris and
other garbage that accumulates around the pilings of the
fishing pier, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Section 5.43.090 of the Edmonds City Code
is hereby amended to read as follows:
5.43.090 DIVING ALLOWED BY SPECIAL PERMISSION.
The activities relating to underwater parks
enumerated in Sections 5.43.060 through 5.43.085
shall be specifically prohibited except when:
A. Express permission is granted in writing by any
one of the following officials for the purpose
of research:
1. The Mayor or any department head of the
City of Edmonds.
2. Any commissioner of the Port of Edmonds, or
the Port manager.
3. The State Department of Fisheries.
B. Express permission is granted for emergency
operations by the Mayor, any department head,
any Port Commissioner, any police officer or
any firefighter.
C. The Department of Parks and Recreation conducts
organized activities under its supervision.
D. A permit is issued by the Director of Parks and
Recreation for the purpose of allowing main-
tenance by scuba divers to clean debris and
garbage accumulated around Edmonds fishing
piers on the following conditions:
1. The names of each diver are listed on the
permit;
2. A hold harmless agreement and release is
obtained from each diver prior to the
issuance of a permit;
3. Adequate precautions are required to
protect divers from other activities on or
in the vicinity of the fishing pier;
4. Permit states the dates and time period
during which the maintenance operation
shall be conducted; and
5. No marine life shall be removed from the
water if that marine life is otherwise
protected by this chapter.
Section 2. 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 other section, sentence,
clause or phrase of this ordinance.
Section 3. This ordinance shall be in full force
and effect five (5) days after passage and publication by
posting as provided by law.
APPROVED:
, X �_
MAYOR, L RY AAt7N
2 -
ATTEST/AUTHENTICATED:
CITY CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE F THE CIT A EY:
y000
FILED WITH THE CITY CLERK: April 19, 1984
PASSED BY THE CITY COUNCIL: May 8, 1984
POSTED: May 9, 1984.
EFFECTIVE DATE: May 14, 1984
ORDINANCE NO. 2425
AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON )
) ss:
COUNTY OF SNOHOMISH )
JACQUELINE G. PARRETT
, being first duly sworn
on oath deposes and says that the 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
th 9 _ day of May , 1984, affiant posted true and
correct copies of the attached Ordinance No. 2425 , passed by the
City Council on the — 8 day of May , 1984_, 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 10 day of May , lg84
h
SUBSCRIBED AND SWORN to before me this _j_o day of
May _ 1984.
(4a�Lry Public in and iox the
State 9,f Washington, residing
at�.>