Ordinance 29110006.160.139
TAR /srf
12/23/92
ORDINANCE NO. 2911
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING CERTAIN SECTIONS OF THE
WASHINGTON ADMINISTRATIVE CODE AND RCW CODES
BY REFERENCE FOR THE REGULATION OF AND /OR
POSSESSION OF SHELLFISH AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City's police officers have been enforcing
violations of the state law regarding the taking of and possession
of shellfish, and
WHEREAS, the same charges currently must be filed in the
South District Court for Snohomish County, and must be filed under
Snohomish County's jurisdiction as the City has not adopted these
regulations in its own municipal code, and
WHEREAS, the state law authorizes all law enforcement
officers, as well as fisheries officers, to enforce these
provisions and such enforcement is not pre - empted by the state, and
WHEREAS, staff has recommended that the City adopt these
regulations into its own code so that more effective and efficient
enforcement may take place and these violations may be cited into
the City's own municipal court, and
WHEREAS, the City Council has determined that such
proposed enforcement would increase efficiency and effectiveness
and would be in the interest of public health, safety and welfare,
NOW, THEREFORE,
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THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,.DO
ORDAIN AS FOLLOWS:
Section 1. Section 5._32.107 State Regulations on Taking
and Possession of Shellfish Adopted by Reference. A new Section
5.32.107 of the Edmonds Municipal Code entitled "State Regulations
on Taking and Possession of Shellfish Adopted by Reference" is
hereby created to read as follows:
Reference. The following sections of the
Washington Administrative Code (WAC) and the
Revised Code of Washington (RCW) regulating
the taking of and possession of shellfish are
hereby adopted by reference:
RCW Chapter 75.10 in its entirety -
Enforcement- Penalties
SHELLFISH
WAC 220 -56 -310 General Possession
Limits- Shellfish (all other General
Shellfish Violations)
HARD /SOFT SHELL CLAMS
WAC 220- 56- 310(1)(A)(B)(C) O v e r
Possession
L i m i t
(Seasonal)
WAC 220 -56- 355(3) Undersize Clams
(1 1/2" Minimum)
WAC 220 -56- 335(11
WAC 220 -56 -340
GEODUCRS
WAC 220 -56- 310(5)
TAMsrn10 —2—
Fail to Fill
Clamming Holes.
Illegal Gear Each
Digger Needs
Separate Container
Over Possession
Limit (3 Clams)
WAC 220 -56- 355(2)
WAC 220 -56 -340
CRABS
WAC 220 -56- 310(18),
Possession of Necks
Only
Illegal Gear (No
M e c h a n i c a l
Harvesting)
Over Possession (6)
Dungeness
WAC 220 -56- 310(19) Over Possession (12)
Red Rock
WAC 220 -56 -335
WAC 220 -56 -335
WAC 220 -56 -335
WAC 220 -56 -330
Possess Female /Soft
Dungeness
Undersize
Crab
Possess
Removed
Dungeness
Crab /Back
Closed Season /Area-
Pot Closure
Section 2. Section 5.32.108. Duties of Police Officers
to Enforce Shellfish Violations. A new Section 5.32.108 of the
Edmonds Municipal Code entitled "Duties of Police Officers to
Enforce Shellfish Violations" is hereby created to read as follows:
Section 5.32.108. Duties of Police Officers
to Enforce Shellfish Violations. Pursuant to
RCW 75.10.010, all City of Edmonds
commissioned police officers with the primary
function of enforcing criminal laws in general
shall be deemed "ex officio" fisheries patrol
officers for the purpose of enforcement of
adopted shellfish regulations.
Section 3. Severability. 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 validity or
TAM5871.10 -3-
constitutionality of any other section, sentence, clause or phrase
of this ordinance.
Section 4. Effective Date. This ordinance, being an
exercise of a power specifically delegated to the City legislative
body, is not subject to referendum and shall take effect five (5)
days after passage and publication.
..
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ATTEST /AUTHENTICATED:
TY CLERK, ONDA �J.MkRCH��
APPROVED AS TO FORM:
OFFICE OF THE TY ATTORNEY:
BY
FILED WITH THE CITY CLERK: January 15,.1993
PASSED BY THE CITY COUNCIL: January 19, 1993
PUBLISHED: January 31, 1993
EFFECTIVE DATE: February 5, 1993
ORDINANCE NO. 2911
TAR35877.10 -4-
SUMMARY OF ORDINANCE NO. 2911
of the City of Edmonds, Washington
On the 19th day of January , 1993, the City Council of
the City of Edmonds, passed Ordinance No. 2911 . A summary
of the content of said ordinance, consisting of the title, :.n-cl:ac -.rig
sections 1 and 2, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING CERTAIN
SECTIONS OF THE WASHINGTON ADMINISTRATIVE CODE AND RCW CODES BY
REFERENCE FOR THE REGULATION OF AND /OR POSSESSION OF SHELLFISH AND
FIXING A TIME WHEN TH�aG2� SHALL BECOME EFFECTIVE.
C
The full text of this Ordinance will be mailed upon
request.
DATED this 28th day of
January _ , 1993.
C TY CLERK, ONDA J. MARCH
STATE OF WASHINGTON,
COUNTY OF SNOHOIVLISH, ss
Its
RCCEIVED
FEB 2 - i933
Affidavit of Publication 'Edmonds MY Cled(
The undersigned, being first duly sworn on oath deposes and says
of the city of
that she is Principal Clerk of THE HERALD, a daily newspaper
! the content printed and published in the City of Everett, Count of Snohomish
Ions 1 and 2, y ,
>SHINGTON, and State of Washington; that said newspaper is a newspaper of
fON ADMIN-
X FOR AAND general circulation in said County and State; that said newspaper
'ME EFFEC-
Taki and has been approved as a legal newspaper by order of the Superior
;tae Regina Court of Snohomish County and that the notice ......... ...............................
ed by, Refer•
d Possesslon
ase
— c, Summary of Ordinance No. 2911
Ithe Revised ............................................................... ..'-...........................
Units - Shellfish (all
Over Possession Limit
WAG 220 - 56.355 3 Undersize Clams (11/2 Minimum)
WAC 220.56 -335 1 Fall to Fill Clamming Holes
WoAC 2 -S b- 40 I legal Gear Each Digger Needs Separate
r
1 Over Possession Limit (3 Clams)
21 Possession of Necks Only
Illegal Gear (No Mechanical Harvesting)
1189
Over Possession
Possession (/2 )Red Rock
Possess Female /Soff Dungeness
Undersize Dungeness Crab
Possess Crab /Bock Removed
Published: January 31,
B -2 -1
City of Edmonds
................................................... ....... ............................................................................
.............. ............................... °-' ---. _........................... ............................... ......................................................
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
January 31, 1993
.................... ......................................................... ...............................
ereby created -to read os and that said newspaper was regularly distributed to its subscribers
officerstoEnfor Shelolfiss during'all of aid period.
tti 711-111111111 ary function of
erdl'sholl be deemed "ex ,
_.
for the purpose of enforce - \
Ions. �
oemailed upon request. ...L/ ..... ...... .:............................. ................................... 1......................................
MARCH, City Clerk 1 Principal Clerk
f ie
Subscribed and sworn to before me this.......... s t
of ....................... .... ...February..................., 19.93
O-e......................................
.........
Notary Public in and rt o W�Q�q� ton,
residing at Everett, no �1fli�tg
OOTAP;,
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OF WASV46