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Ordinance 4152ORDINANCE NO. 4152 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 5.32 ECC ("PARK REGULATIONS") AND ADOPTING NEW SECTIONS THERETO; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, it has come to the attention of the city that its park regulations relating to park hours, motor vehicles, use of intoxicants and controlled substances, the presence of animals, and the use of the fishing pier require updating, and that new regulations relating to smoking and vaping in city parks and the feeding of wildlife on city beaches need to be adopted in order to protect public health and safety, and to protect public property; and WHEREAS, the Edmonds City Council desires to adopt amendments and new sections to ECC 5.32 ("Park Regulations") to address these issues; NOW THEREFORE; THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 5.32 of the Edmonds City Code is hereby amended to read as set forth in Exhibit 1 (new text is shown in underline; deleted text is shown in spike-€bre which is attached hereto and incorporated herein by this reference as if set forth in full. Section 2. SeverabiIity. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective Date. This ordinance, concerning powers vested solely in the City Council, is not subject to referendum and shall take effect five (5) days after this ordinance or a summary thereof consisting of the title is published. APPROVED: MAYOR DAVE EA 1 ATTEST/AUTHENTICATED : "�7 CLERK, SCOTT ASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. June 21, 2019 June 25, 2019 June 28, 2019 July 3, 2019 4152 2 Ordinance No. 4152 Exhibit 1 SUMMARY OF ORDINANCE NO. 4152 of the City of Edmonds, Washington On the 25th day of June, 2019, the City Council of the City of Edmonds, passed Ordinance No. 4152. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 5.32 ECC ("PARK REGULATIONS") AND ADOPTING NEW SECTIONS THERETO; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this 261h day of June, 2019. �Q C Y ERK, SCOi�ssl--Y 3 Ordinance No. 4152 Exhibit 1 5.32.010 Park closing hours. All parks shall be closed from sunset to sunrise be4weea she h..aFs e f 1 n.nn p.m. and 6�a.fn: each and every day unless otherwise posted by the city park and recreation department. It is unlawful for any person to loiter on, remain in, or otherwise be on said premises between the stated hours unless written permission is granted by the mayor, a department head, or a police officer or firefffim fighter of the city. 5.32.030 Motor vehicles prohibited from city parks. It is unlawful to operate motor vehicles of every kind and description, whether licensed or unlicensed_, speeifleally including but not limited to two -wheeled motor vehicles such as mini -bikes, motorcycles_, and trailbikes, and battery operated vehicles in or on any park, with the exception of Segways being allowed along the waterfront marine walkway; provided, the director of parks and recreation is authorized to post a notice or notices prescribing parking areas, roadways, entrances and exits for motor vehicles to and within said parks which posted areas, and only said areas, shall be open for motor vehicular purposes. The owner and/or operator of any motor vehicle found within or on any said public park, other than in the areas posted as hereinabove provided is guilty of a misdemeanor. 5.32.040 Drinking intoxicants or using controlled substances in public parks prohibited. It is unlawful for any person to consume any intoxicating liquor by EGG 5.19:010 or use any controlled substances as defined in Chanters 5.04 and 5.14 of the Edmonds City Code within any public park, beach or playground within the city of Edmonds whether owned by, leased or otherwise under the supervision of the city, unless authorized by a Special Event Permit. 5.32.045 Smoking and vaping in public parks prohibited. It is unlawful for any person to smoke or light cigarettes, cigars, tobacco, marijuana, or other_ smoking material, or to use electronic cigarettes or vaping devices within cityparks. The director of parks and recreation shall post signs in appropriate locations prohibiting smoking and vaping in the city's parks. 5.32.050 Horses and similar animals. Unless otherwise directed by the director of parks and recreation as set forth in ECC 5.05.150, it is unlawful for any person to ride, lead or otherwise permit any horse, jaekass—,mule, donkey, burro, pig and/or bovine animal to be within or on any park unless utilized for ADA purposes. S Ordinance No. 4152 Exhibit 1 5.32.100 Fishing pier regulations. It shall be unlawful for any person to violate any of the following regulations on the Edmonds public fishing pier at the Edmonds boat harbor adjacent to Dayton Beach Park: A. No person shall permit any animal to enter or remain on the fishing pier; provided, however, that this section shall not apply to service animals seei-ng eye dogs that are being used by bli-ad persons needing an accommodation for the purpose of aiding them going from place to place. B. No person shall use or operate any wheeled vehicle upon the fishing pier, including but not limited to any motor vehicle, bicycle, roller skates -,--or skateboard, or Segway; provided, however, this section shall not apply to authorized police, fire and public works vehicles, wheelchairs being used by handicapped persons and eaffiages for- m4 nts carria es/strollers for children. C. No person shall cast fishing tackle of any kind or description, including but not limited to, hooks, lines and/or sinkers, from the fishing pier at any location where signs are posted to prohibit such casting. 5.32.106 Feeding wildlife on city beaches prohibited. No 12erson shall intentionally feed. attract or artificially sustain wildlife on city beaches. The feedin, of indigenous wildlife is prohibited in all city beach areas unless otherwise posted, This section does not apply to authorized feeding programs established with the Washington state department of f sli and wildlife. Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Dicy Sheppard 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 EDH863167 ORDINANCE 4152, 4153 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 06/28/2019 and ending on 06/28/2019 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $38. Subscribed and sworn before me on this [.) day of Notary Public in and for the State of Washington. City of Edmonds - LEGALADS 114101416 NICHOLAS FALK RECEIVED JUL 0 12019 EDMONDS CITY CLERK Classified Proof ORDINANCE SUMMARY of I110 011, 01 EdmOnd6, Wastangton on Jim 76th day 01 11., 2019, the Clry Councll of tre Clsy of Edmonds, passed the fa8awing Ord rkanC@s, the ssummar m a sold 0rdIRPnC08 CC nE16tk1[1 bf Cues are provided as fokwe: ❑RI?[NASdCE NO. A152 AN ORDINANCE OF THE CITY OF EOMONOS. WASHINOTON. AMENDING CHAPTER 6.32 FCC [PARTS REGULATIONS") AND A00PT1NG NEW SE Ns THERETO: PROVIDING FOR SSVERABILgY; AND SETTING AN EFPPCTNE DATE. ORDINANCE NO.4163 AN ORDINANCE OF THE CITY OF EDMONDS, WASfJINGTON, AMENDING CERTAIN PROWSIONS OF CHAPTER 5.05 ECC [^ANIMAL CONTROL"! RELATING TO DOG$ ON PUSL1C GROUNDS: PRbVIowa C70R SEVERABILITY; AND SETTING AN EFFECTIVE DATE. Tile fUJI JUL of Ihes6 Ordrarnces WM be marled upon ragUosi DATED Uses 26EI day of Juno, 20W- CITY CLERK, SCOTT PASSEY Pu6Ashed:Jund$8,20119. ECH063167 RECEIVED JAIL a 12019 EDMCNDS Cffy CLERK Proofed by Sheppard, Dicy, 06/28/2019 09:01:55 am Page: 2