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Ordinance 4012ORDINANCE NO. 4012 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ECC SECTIONS 5.32.107 AND 5.32.108 TO REVISE THE "STATE REGULATIONS ON TAKING AND POSSESSION OF SHELLFISH ADOPTED BY REFERENCE" AND "DUTIES OF POLICE OFFICERS TO ENFORCE SHELLFISH VIOLATIONS" PROVISIONS OF THOSE CODE SECTIONS TO REFERENCE TITLE 77 RCW; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, after review and discussion, the City Council has determined it appropriate to amend Sections 5.32.107 and 5.32.108 of the Edmonds City Code ("ECC") to revise the "State Regulations on Taking and Possession of Shellfish Adopted by Reference" and "Duties of Police Officers to Enforce Shellfish Violations" provisions of those code sections to reference Title 77 RCW, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 5.32.107 of the ECC, entitled "State regulations on taking and possession of shellfish adopted by reference," is hereby amended to read as follows (new language is underlined; deleted text is shown in strikethrough): 5.32.107 State regulations on taking and possession of shellfish adopted by reference. The following sections of the Washington Administrative Code and the Revised Code of Washington regulating the taking of and possession of shellfish are hereby adopted by this reference as fully as if herein set forth: A. Chapter- S.10 RCW in its efft-iFety Penalties chapter 77.15 RCW in its entirety — Fish and Wildlife Enforcement Code, B. Shellfish General Provisions. WAC 220-56-310 Shellfish — Daily Bag Limits 220-56-312 Shellfish — Possession Limits 1 C. Hard/Soft Shell Clams. WAC 220-56-355(3) Undersized Clams (1-1/2" Minimum) 220-56-3-3-5355(1) Failure to Fill Clamming Holes 220-56-340 Illegal Gear D. Geoducks. WAC 220-56-310(3) Over Possession Limit (3 Clams) 220-56-355(2) Possession of Necks Only 220-56-340 Illegal Gear (No Mechanical Harvesting) E. Crabs. WAC 220-56-310(4516) Possession of Over (65) Dungeness Crabs 220-56-310(4s117) Possession of Over (126) Red Rock Crab 220-56-335(1) Possession of Femal&Seft Dungeness 220-56-335(2) Undersize Dungeness Crab 220-56-335(3) Undersize Red Rock Crab 220-56-335 4 Measurement of Crab 220-56-335(45) Possession of Crab/Back Removed 220-56-335(6) Possession of Softshell Crab 220-56-330 Closed Season/Area-Pot Closure F. Chapter 77.32 RCW in its entirety — Licenses Section 2. Section 5.32.108 of the ECC, entitled "Duties of police officers to enforce shellfish violations," is hereby amended to read as follows (new language is underlined; deleted text is shown in strikethrough): 5.32.108 Duties of police officers to enforce shellfish violations. Pursuant to RCW 75.'-r-a- 0 77.08.010(18), all city of Edmonds commissioned police officers with the primary function of enforcing criminal laws in general shall be deemed "ex officio" fisher4es p fish and wildlife officers" for the purpose of enforcement of adopted shellfish regulations. r 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 constitutionality of any other 2 section, sentence, clause or phrase of this ordinance. Section 4. Effective Date. This ordinance, being an administrative function of the city council, 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: YOR, DAV I". EARLING ATTEST/AUTHENTICATED: C CLERK,SCO ASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY FILED WITH THE CITY CLERK: November 25, 2015 PASSED BY THE CITY COUNCIL: December 1, 2015 PUBLISHED: December 6, 2015 EFFECTIVE DATE: December 11, 2015 ORDINANCE NO. 4012 3 SUMMARY OF ORDINANCE NO. 4012 of the City of Edmonds, Washington On the 1 St day of December, 2015, the City Council of the City of Edmonds, passed Ordinance No. 4012. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ECC SECTIONS 5.32.107 AND 5.32.108 TO REVISE THE "STATE REGULATIONS ON TAKING AND POSSESSION OF SHELLFISH ADOPTED BY REFERENCE" AND "DUTIES OF POLICE OFFICERS TO ENFORCE SHELLFISH VIOLATIONS" PROVISIONS OF THOSE CODE SECTIONS TO REFERENCE TITLE 77 RCW; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this 2nd day of December, 2015. CITY CLERK, SC TT P SEY Everett Daily Herald sworn before me on this of Affidavit of Publication State of Washington } County of Snohomish } ss Kathleen Landis being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH672379 ORDINANCE 4012 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 2 issue(s), such publication commencing on 12/06/2015 and ending on 12/06/2015 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $30.96. Subscribed and day f�:) . Washington. City of Edmo.ds - LEGAL ADS 114101416 SCOTT PASSEY RECEIVED DEC 10 2015 EDMONDS CITY CLERK DEBRA ANN GRIGG Notary PubllC State of Washington My Commission Expires October 31. 2017 _ F1 4 SUMMARY OF ORDINANCE of the City of Edmonds, Waehinglon On the 1 at day of Oecember, 2015, tha CISy Council of the City 01 Edmflnds, passsd Ordinance No. 4012. A summeryy of the content of Bald crdlnanca. consisting of the tllte, pro�ldes as follows: AN ORDINANCE OF THE CITY OF EDMONDS. WASHINGTON, AMENDING ECC SECTIONS 5.32.107 AND 5,31108TO REVISE THE "STATE REGULATIONS ON TAKING AND POSSESSION OF SHELLFISH ADOPTED BY REFERENCE' AND'DUTIES OF POLICE OFFICERS TO ENFORCE SHELLFISH VIOLATIONS` PRCVMION S OF THOSE CODE SECTIONS TO REFERENCE TITLE 77 RCW' PROVIDING FOR SEVERASILITY; AND SETTING AN EFFEtCTIVE DATE. The ICDI text of this Ordinance will be mailed upon request. DATED this 2nd day of December, 2015. CITI� CLERK, SCOTT PASSEY P tj%shod; December 6, 2015. EDH672379 1— RECEIVED DEC 19 2015 EDMONDS CITY CLERK