Ordinance 29410006.160.007
MA:are
07/12/93
ORDINANCE NO. 2941
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 5.10 THE EDMONDS
BOATING CODE AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, there have been recent changes to the Boating
Safety Laws by the State of Washington and its legislature; and
WHEREAS, the State of Washington and its legislature
have required that the criminal penalties set by Cities be the same
as those set by the State, and
WHEREAS, this ordinance is in the interest of the public
health, safety and welfare, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. NEGLIGENT OPERATION, Section 5.10.040 of the
Edmonds City Code is hereby amended to read as follows:
5.10.040 Negligent Operation
It is unlawful for any person to operate a
vessel in a negligent manner. For the
purposes of this section, to "operate in a
negligent manner" means operating a vessel in
disregard of careful and prudent operation, or
in disregard of careful and prudent rates of
speed that are no greater than is reasonable
and proper under the conditions existing at
the point of operation, taking into account
the amount and character of traffic, size of
the body or water, freedom from obstruction to
view ahead, effects of vessel wake, and sous
not to unduly or unreasonably endanger life,
limb, property or other rights of any person
entitled to the use of such waters.
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51608.1
Section 2. RECKLESS OPERATION, Section 5.10.050 of the
Edmonds City Code is hereby amended to read as follows:
5.10.050 Reckless Operation
It is' unlawful for any person to operate any
watercraft in a reckless manner, meaning in a
manner acting carelessly and heedlessly in a
willful and wanton disregard of the rights,
safety or property of another. Any person
violating this section is guilty of a
misdemeanor, punishable as provided by ECC
5.50.020. In addition, the court may order
the defendant to pay restitution for any
damages or injuries resulting from the
offense.
Section 3. INTOXICATION, Section 5.10.060 of the
Edmonds City Code is hereby amended to read as follows:
5.10.060 Intoxication
C. A person is considered to be under the
influence of intoxicating liquor or any
drug if :
1. The person has 0.10 grams or
more of alcohol per two hundred
ten liters of breath, as shown
by analysis of the person's
breath made under RCW
46.61.506; or
2. The person has 0.10 percent or
more by weight of alcohol in
the person's blood, as shown by
analysis of the person's blood
made under RCW 46.61.506; or
3. The person is under the
influence of or affected by
intoxicating liquor or any
drug; or
4. The person is under the
combined influence of or
affected by intoxicating liquor
and any drug-
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51608.1
D. Any person violating any provision of
this section shall be deemed to have
committed a misdemeanor as provided by
ECC 5.50.020. In addition, the court may
order the defendant to pay restitution
for any damages or injuries resulting
from the offense.
Section 4. Penalty Where Violation, Section 5.10.090 of
the Edmonds City Code is hereby amended to read as follows:
5.10.090 Penalty Where Violation
Unless otherwise provided for in this chapter
of the municipal code, or by state statute
adopted by reference, any person violating any
provision of this chapter shall have committed
a misdemeanor punishable only by a fine not to
exceed one hundred dollars per vessel for the
first violation. Subsequent violations in the
same year are subject to the following fines:
A. For the second violation, a f ine of two
hundred dollars per vessel;
B. For the third and successive violations,
a fine of four hundred dollars per
vessel.
C. A violation designated as a civil
infraction under this section shall
constitute a misdemeanor until the
violation is included in a civil
infraction monetary schedule adopted by
rule by the State Supreme Court pursuant
to chapter RCW 7.84.
Section 2. 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
constitutionality of any other section, sentence, clause or phrase
of this ordinance.
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51608.1
Section 3. Effective Date. This ordinance, being an
administrative action, is not subject to referendum and shall take
effect five (5) days after publication.
APPROVED:
2W
ATTEST /AUTHENTICATED:
/GQA
APPROVED AS TO FORM:
OFF OF T C TY ATTORNEY:
BY
FILED WITH T�4 CITY CLERK: 07/19/93
PASSED BY THE CITY COUNCIL: 07/27/93
PUBLISHED: 08/01/93
EFFECTIVE DATE: 08/06/93
ORDINANCE NO. 2941
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51608.1
STATE OF WASHINGTON,
COUNTY OF SNOH01viISH,
A.
S.
C.
Published: August 1,
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In this chapter of the municlpar
d by reference, any person violatf
iapter shall have committed a
by a fine not to exceed onp
r the first violation. Subsequent,
fine' ttwo hundreedl donors per.,
violations, a fine of four hundred)
s
�u1v -1"3 K 1°vnea upon request.
40 DA J. MARCH, City Clerk
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Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper,
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice......... ....................
Summary ... o.f....ord i-nance-N«. - - -- 2-9-41- ......................................
City.... o 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:
August... 1 ....... 19.9.3----------------------------- ---------- -- ----------- -------------- - - -• -. ..........
...................... ..................... .......... . - -- ... ----....... .....-- •------ ...............•. ------ ..... --
and that said newspaper was regularly distributed to its subse ' ers
durin all of :sa' period. ! i
i cipal Clerk
Subscribed and sworn to before me this....... I.St ............
of....._.....August - - - - -- -- -------- ................ 19...9.3
............
Notary Public In and fort t to of Washington,
residing at Everett, nty.
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VyoTARI --te
0 13 00
�5 -19 -94
�oF WASN�NG~
SUMMARY OF ORDINANCE NO. 2941
of the City of Edmonds, Washington
On the 27th day of July , 1993, the City Council of
the City of Edmonds, passed Ordinance No. 2941 A summary
of the content of said ordinance, consisting of the title, provides
as follows:
request.
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 5.10 THE EDMONDS
BOATING CODE AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
5.10.090 Penalty Where Violation
Unless otherwise provided for in this chapter
of the municipal code, or by state statute
adopted by reference, any person violating any
provision of this chapter shall have committed
a misdemeanor punishable only by a fine not to
exceed one hundred dollars per vessel for the
first violation. Subsequent violations in the
same year are subject to the following fines:
A. For the second violation, a fine of two
hundred dollars per vessel;
B. For the third and successive violations,
a fine of four hundred dollars per
vessel.
C. A violation designated as a civil
infraction under this section shall
constitute a misdemeanor until the
violation is included in a civil
infraction monetary schedule adopted by
rule by the State Supreme Court pursuant
to chapter RCW 7.84.
The full text of this Ordinance will be mailed upon
DATED this 2,gth day of '1111y , 1993.
/ ,I/ /
STATE OF WASHINGTON,
COUNTY OF SNOHODrTISH, ss
,tee Fry or Edmonds, Washingfon - s
the 27th day of Jufy, co
1993, the City Council of the CI1�vy o
nds, passed Ordinance No. 2941: A summary of the ntenfa t
I ordinance, consisting of the title provides as follows:
RDINANCE OF THE CITY OF EiiMONDSweeu,—r....a
or
chapter of
hundred dollars� °n,y Dy o fine not to exceed
violations In the same vessel are subject first ng Ines uen,
A. For the second violation, a fine of two hundred dollars Peru
vessel;
a. For the third and successive vi
dollars Per vessel, olations, a fine of four hundreds
C. -A violatlon designated as a civil Infraction
rear or MIS Ordinance will be malted on request s
DATED this 28Th day of July 1993, p. 4
Published: August 1, 1993RHOUDA J. MARCH, CIN Clerk d
r
i
6 -2 -1
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ......... ... .... .... .. ..... .. ...........
Summary ... o. t .... Ordi- nance--- No. .... . 2- 9 .41............................ ------ - - - - --
Cityf ..- Bdmond5 ......:...........:...................................... ....................... . . . . ..
................. . .. ... ... . .. . .......... ... . ................. . ................... .. ............ ..... ... ...............................
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:
Augus.t...1..... -.19.9 3 ........................................................... .... ........... ................
and that said newspaper was regularly distributed to its subscribers
during -'all of said period.
�'� / /.�.Nl'L�•�� /� � L0..1 '/7. � � icy,_ C�
1 r' fr
Piincipa 1 Clerk
Subscribed and sworn to before me this....... I.St ............
of........... August ..... ....... ... .... ................. 19...9.3
...... . .. ... .. . .. ... -- --- - - - - -- --------------- - - --
Notary Public in and for t to of Washington,
residing at Everett, nty.
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