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Ordinance 31870006.160.129 CDI /gjz 1/5/98 R:1 /7 /98gjz ORDINANCE NO. 3187 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF SECTION 5.46.050 USE OF SKATEBOARDS, ROLLER SKATES, AND SIMILAR DEVICES RESTRICTED REGULATING THE UNLAWFUL USE OF SKATEBOARDS ON CITY STREETS AND CERTAIN SIDEWALKS AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, by Ordinance No. 2846 the City Council made it unlawful to operate a skateboard, coaster or similar devices upon all streets and certain sidewalks; and WHEREAS, by Ordinance No. 2846 the City Council made it unlawful to roller skate or operate a toy vehicle or similar device on any street; and WHEREAS, it is a matter of public health and safety for the City to regulate the use of skateboards, roller skates and similar devices; and WHEREAS, the City Council wishes to amend Section 5.46.050 to restrict the use of skateboards, roller skates and similar devices on certain streets and sidewalks; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 5.46.050 Use of Skateboards, Roller Skates and Similar Devices Restricted is hereby amended to restrict the use of skateboards, roller skates and similar devices on certain streets and sidewalks, to read as follows: 180692 -1- 5.46.050 Use , of Skateboards, roller skates and similar devices restricted. A. Definitions. For purposes of this section, the following words and phrases shall have the meanings ascribed to them in this section: 1. "Skateboard" means a foot board mounted upon four or more wheels and is usually propelled by the user who sometimes stands, sits kneels or lays upon the device while it is in motion. 2. "Roller Skate" means a pair of shoes, mounted upon wheels and is most often propelled by the user in an upright, standing position or kneeling. 3. "Coaster" means a foot board mounted upon two or more wheels and controlled by an upright steering handle. This device is propelled by the user in usually an upright position. 4. "To Operate in a Negligent Manner" means the operation of one or more of the above - described devices in such a manner as to endanger or be likely to endanger any person or property. Examples of operating in a negligent manner include, but are not limited to, failure to obey all traffic control devices and failure to yield right of way to pedestrians and /or vehicular traffic. 5. "Arterial" is defined to include those public streets shown and described as arterials in the Official Street Map of Edmonds adopted pursuant to Section 18.50 and incorporated by herein this reference. B. Traffic Regulations. Any person operating a skate board, roller skates or a coaster shall obey the instructions of official traffic control signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer. C. Speed. No skate board, roller skates or coaster shall be ridden in a negligent manner, but shall be operated with reasonable regard for the safety of the operation and other persons. 180692 -2- D. Prohibited Areas. It is unlawful for any person to operate a skateboard, coaster or similar device upon any of the following areas: 1. All arterial streets, and /or 2. All sidewalks in the following described areas: a) On 8th Avenue from Bell Street to Maple Street; b) West on Bell Street to 6th Avenue, North to Sprague Street, West to Edmonds Street, then West to the water; c) On Maple Street from 8th Avenue to 5th Avenue, North to Dayton Street West to 3rd Street, South to Alder Street, West to 2nd Avenue, North to Dayton Street, West to the water; d) The area surrounding the sewer treatment plant between State Route 104 and 2nd Avenue in the 200 block; and e) The entire area South of Dayton commonly known as Harbor Square and bounded by SR 104 to the East, the Union Oil Marsh to the South and the Burlington Northern Railroad right of way to the West. E. Violation - Penalty. Any person violating any provision of this section shall be guilty of an infraction and shall be punished by the imposition of a monetary penalty of not more than $100. Further, the device ridden at the time of violation shall be subject to impound for a period of ten (10) days. 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. 180692 -3- Section 3. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR, " '7��. M T M� ATTEST /AUTHENTICATED : "�I� e"de Z44"'. CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF—THE CITY ATTORNEY: FILED WITH THE'CITY CLERK: 01/16/98 PASSED BY THE CITY COUNCIL: 01/20/98 PUBLISHED: 01/27/98 EFFECTIVE DATE: 02/02/98 ORDINANCE NO. 3187 _ 180692 -4- SUMMARY OF ORDINANCE NO. 3187 of the City of Edmonds, Washington On the 20thday of January , 199 8 , the City Council of the City of Edmonds, passed Ordinance No. 3187 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF SECTION 5.46.050 USE OF SKATEBOARDS, ROLLER SKATES, AND SIMILAR DEVICES RESTRICTED REGULATING THE UNLAWFUL USE OF SKATEBOARDS ON CITY STREETS AND CERTAIN SIDEWALKS AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 22nd day of January , 1998 CITY CLERK, SANDRA S. CHASE lk z 4 • 9 r C y,4 11 9 M V s t }b • as Attachment III F (SIC Y 4% N aY i 1 RECEIVED f EFFECTIVE. � „��� V�VVm� The full text of this Ordi- nance will be mailed upon request. DATED this 22nd day of January, 1998. CITY CLERK, SANDRA S. CHASE Published: January 27, 1998. 8 -2 -1 Summary of Ordinance No. 3187 ............................................... :....................................................... ............ . . . .• • -- ....................................................................................................... ............................... 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 27, 1998 ............................ ......................................................................................................... .... ........ ....................... to its subscribers Subscribed and sworn to before me this.........th Clerk da Ja uary ......... . -• .. ......................... ........... .... ..... . . . .• .. _....... . - •--- ......... Notary Public in and for the Washings residing at Everett, Snoh C ty�. } �p�syoM �i 'A O 060'T AIR); a� Pus' -p G �• 09 JAN 2 9 1998 Affidavit of Publication EDMONDS CITY CURK STATE OF WASHINGTON, ss COUNTY OF SNOHO:VISH, S IAMARY OF 6- ADINANCE 1 NO. 3187 The undersigned, being first duly sworn, on oath deposes and says of the Washint Edmonds, 1 On the 20th day of January, ; that she is Principal Clerk of THE HERALD, a daily newspaper 1998, the City Council of the City of Edmonds, ppassed .Ordinance No. 3187. A sum - - printed and published in the City of Everett, County of Snohomish, mary of the content of said ordinance, consisting of the! and State of Washington; that said newspaper is a newspaper of title, provides as follows: CITY OFOIEDMONDS WASH INGTON, AMENDING THE general circulation in said County and State; that said newspaper s as° olsofoN -V�S$$�� OF F SE KAION BOARD -FiOtl has been approved as a legal newspaper by order of the Superior A I I Court of Snohomish County and that the notice ......... ............................... f EFFECTIVE. � „��� V�VVm� The full text of this Ordi- nance will be mailed upon request. DATED this 22nd day of January, 1998. CITY CLERK, SANDRA S. CHASE Published: January 27, 1998. 8 -2 -1 Summary of Ordinance No. 3187 ............................................... :....................................................... ............ . . . .• • -- ....................................................................................................... ............................... 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 27, 1998 ............................ ......................................................................................................... .... ........ ....................... to its subscribers Subscribed and sworn to before me this.........th Clerk da Ja uary ......... . -• .. ......................... ........... .... ..... . . . .• .. _....... . - •--- ......... Notary Public in and for the Washings residing at Everett, Snoh C ty�. } �p�syoM �i 'A O 060'T AIR); a� Pus' -p G �• 09