Chapter 5.32
PARK REGULATIONS

Sections:

5.32.005  Definitions.

5.32.010  Park closing hours.

5.32.020  Specially designated hours by posting.

5.32.030  Motor vehicles prohibited from city parks.

5.32.040  Drinking intoxicants in public parks prohibited.

5.32.050  Horses and similar animals.

5.32.060  Underwater park regulations.

5.32.070  Prohibited acts within underwater parks.

5.32.080  Prohibited acts on beaches adjacent to underwater parks.

5.32.085  Scuba and skin diving prohibited.

5.32.090  Diving allowed by special permission.

5.32.100  Fishing pier regulations.

5.32.105  For collection of marine life on city beaches – Permit required.

5.32.107  State regulations on taking and possession of shellfish adopted by reference.

5.32.108  Duties of police officers to enforce shellfish violations.

5.32.110  Prohibited acts within Brackett's Landing Shoreline Sanctuary.

5.32.120  Shoreline sanctuary permit.

5.32.130  Acts deemed a public nuisance.

5.32.140  Penalties.

5.32.005 Definitions.

When used in this chapter the following terms shall have the following meanings:

A. “Brackett's Landing Shoreline Sanctuary” means that marine resource area lying between the inner harbor line and the western most boundary of the railroad right of way and between the ferry dock on Main Street and a line extending due west from the end of Caspers Street. The Brackett's Landing Shoreline Sanctuary is reserved solely to provide the public, scientists and students the opportunity to examine over a period of time the ecological relationships within such area.

B. “Motorized boat” means any boat or other water craft propelled by any device that converts any form of energy into mechanical energy, including, but not limited to internal combustion engines, electric motors, steam engines, or sails specifically excepting, however, water craft powered solely by human exertion.

C. “Park” refers to public parks, including underwater parks, beaches and playgrounds, owned by, leased or otherwise under the direct supervision and/or control of the city of Edmonds.

D. “Scuba diving” refers to the acts of persons who are in, upon or under the water either wearing or otherwise utilizing any breathing device intended to extend the user's time under water beyond his normal lung capacity.

E. “Skin diving” and/or “free diving” refers to the acts of a person who is in, upon or under the water while wearing an exposure suit, swim fins and face mask (or goggles).

F. “Buoyancy compensator” refers to an inflatable, personal vest, suit, or other device, attached to the diver and/or the diver's equipment that is capable of being inflated to provide surface flotation for the diver. [Ord. 2531, 1985; Ord. 2284 § 1, 1872; Ord. 1991 § 1, 1978; Ord. 1507 § 1, 1970].

5.32.010 Park closing hours.

All parks shall be closed between the hours of 10:00 p.m. and 6:00 a.m. 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 fireman of the city. [Ord. 2531, 1985; Ord. 1507 § 1, 1970; Ord. 1434 § 1, 1969].

5.32.020 Specially designated hours by posting.

The director of parks and recreation is authorized to post a notice or notices as the case may be of closing hours for any and all parks to set forth different hours of closure than those set forth in ECC 5.32.010. The posted notice or notices shall set forth the hours of closure for said premises and shall be placed in a conspicuous place or places at each drive-in or pedestrian access provided by the city to said park or parks. In the event the park and recreation director modifies the hours of closure as provided herein, he shall maintain a list of said parks in which said modified closing hours are in effect, shall file a copy with the city clerk, and said list shall be open and available for public inspection. In the event the hours of closure are modified as herein provided for any park, it is unlawful to loiter on, remain in, or otherwise be on said premises during the hours as posted by the director of parks and recreation as provided herein. [Ord. 2531, 1985; Ord. 1507 § 1, 1970; Ord. 1434 § 1, 1969].

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 specifically including two-wheeled motor vehicles such as mini-bikes, motorcycles and trailbikes, in or on any park; 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. [Ord. 2531, 1985; Ord. 1507 § 1, 1970; Ord. 1486 § 1, 1970].

5.32.040 Drinking intoxicants in public parks prohibited.

It is unlawful for any person to consume any intoxicating liquor as defined by ECC 5.19.010, within any public park, beach or playground within the city of Edmonds whether owned by, leased or otherwise under the supervision of the city. [Ord. 2531, 1985; Ord. 1486 § 1, 1970].

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, jackass, mule, donkey, burro and/or bovine animal to be within or on any park. [Ord. 2531, 1985; Ord. 1507 § 1, 1970].

5.32.060 Underwater park regulations.

In addition to the regulations applicable to all parks as set forth in the Edmonds City Code, the following additional regulations shall be applicable to underwater parks and it is unlawful for any person to violate the terms thereof.

A. Boating and Submersible Vehicles. Subject to written permission as provided below, it is unlawful for any person to water ski, operate any type of boat or watercraft of every kind and description, including, but not limited to boats propelled manually, by wind or motor driven, over or within any underwater park or delineated ingress or egress area into or away from said underwater park, or within 200 feet in any direction of said underwater park or area delineated for ingress or egress into or away from said underwater park; provided:

1. Nonsubmersible paddle boards, rubber rafts or inner tubes used as safety flotation devices by scuba divers or free divers shall not be prohibited; and

2. Inflatable rafts or boats propelled manually may be used for instructional purposes only during classes conducted by an instructor certified by agencies set forth in ECC 5.32.070D herein.

B. Scuba Diving and/or Free Diving. Subject to the written permission provided below, it is unlawful for any person to scuba dive and/or free dive within 300 feet of any public boat launching or mooring facilities and/or public ferry landings except in city owned or leased underwater parks.

C. Nonswimming areas may be designated as set forth in ECC 5.10.080 through 5.10.082. [Ord. 2531, 1985; Ord. 1991 § 2, 1978; Ord. 1507 § 1, 1970].

5.32.070 Prohibited acts within underwater parks.

The following acts are unlawful and are prohibited within the boundary of any underwater park:

A. Possession of any device designated for the taking of fish, bivalves, mollusks, crustaceans, or other marine plant and/or animal life including, but not limited to, fish lines, poles or hooks, spears or spear guns of every kind and description, nets for taking or collecting already taken marine life, gaffs, stringers designed for attaching fish, or any other similar hunting and/or fishing device of every kind and description; provided, however, nothing herein shall be construed to prevent the wearing by scuba divers or skin divers of knives properly sheathed which are customarily used by divers;

B. The taking or possession of any fish, bivalve, mollusk, crustacean or any other type of marine organism, whether plant or animal, of any kind and description;

C. Scuba diving and/or free diving alone or without a “buddy” or scuba diving companion both of which persons shall be capable of mutual rescue;

D. Scuba diving or possession of scuba diving apparel and equipment, unless in possession of written proof of being certified by an instructional program recognized by the Washington council of skin diving clubs or in possession of a current registration card issued by the supervisor of safety, state of Washington, department of labor and industries, pertaining to scuba diving;

E. Scuba diving without wearing a buoyancy compensator. [Ord. 2531, 1985; Ord. 1991 § 3, 1978; Ord. 1921 § 1, 1977; Ord. 1507 § 1, 1970].

5.32.080 Prohibited acts on beaches adjacent to underwater parks.

It is unlawful for any person to violate any of the following regulations on the city park and beach lying north of the ferry dock on Main Street extended and south of the bathhouse situated on Sunset Beach:

A. When having in his or her possession scuba or free diving equipment the additional possession of any device designed for the taking of fish, bivalves, mollusks, crustaceans or other marine plant or animal life including, but not limited to, fishing lines, poles or hooks, spears or spear guns of every kind and description, nets for taking or collecting already taken marine life, gaffs, stringers designed for attaching fish, or any other similar hunting and/or fishing device of every kind and description; provided, however, nothing herein shall be construed to prevent the following:

1. The wearing by scuba or free divers of knives properly sheathed which are customarily used by scuba or free divers;

2. The possession of fishing tackle designed for fishing from above the surface of the water (excluding scuba or skin diving equipment) from the fishing pier or breakwater provided by the city. [Ord. 2531, 1985; Ord. 2402 § 1, 1983; Ord. 1991 § 4, 1978; Ord. 1507 § 1, 1970].

5.32.085 Scuba and skin diving prohibited.

A. Except as authorized in ECC 5.32.090, no person shall scuba or skin dive in the following described area:

Those waters lying northerly and easterly of a line extending from a boundary marker on the northwest corner of the northern breakwater of the port of Edmonds marina, that line extending northwesterly 275 feet to a marker buoy, thence northeasterly 1,050 feet to a marker buoy, thence southeasterly to the northeastern end of the city of Edmonds public beach.

B. The Edmonds parks and recreation department shall place appropriate notices prohibiting scuba and skin diving in the area above. [Ord. 2531, 1985; Ord. 1991 § 5, 1978; Ord. 1908, 1977].

5.32.090 Diving allowed by special permission.

The activities relating to underwater parks enumerated in ECC 5.32.060 through 5.32.085 shall be specifically prohibited except when:

A. Express permission is granted in writing by any one of the following officials for the purpose of research:

1. The mayor or any department head of the city of Edmonds;

2. Any commissioner of the port of Edmonds, or the port manager;

3. The State Department of Fisheries.

B. Express permission is granted for emergency operations by the mayor, any department head, any port commissioner, any police officer or any firefighter.

C. The department of parks and recreation conducts organized activities under its supervision.

D. A permit is issued by the director of parks and recreation for the purpose of allowing maintenance by scuba divers to clean debris and garbage accumulated around Edmonds fishing piers on the following conditions:

1. The names of each diver are listed on the permit;

2. A hold harmless agreement and release is obtained from each diver prior to the issuance of a permit;

3. Adequate precautions are required to protect divers from other activities on or in the vicinity of the fishing pier;

4. Permit states the dates and time period during which the maintenance operation shall be conducted; and

5. No marine life shall be removed from the water if that marine life is otherwise protected by this chapter. [Ord. 2531, 1985; Ord. 2425, 1984; Ord. 1507 § 1, 1970].

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 seeing eye dogs that are being used by blind persons 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; provided, however, this section shall not apply to authorized police, fire and public works vehicles, wheelchairs being used by handicapped persons and carriages for infants.

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. [Ord. 2531, 1985; Ord. 2337 § 1, 1982; Ord. 2065 § 1, 1979].

5.32.105 For collection of marine life on city beaches – Permit required.

A. It shall be unlawful for any person to knowingly engage in any of the following activities on any public beach in the city of Edmonds without first obtaining a permit from the Edmonds parks and recreation director or designee:

1. To take, possess, injure, or destroy any bird, mollusk, crustacean, marine or intertidal algae or plant, or any other marine or intertidal organism of any kind whatsoever.

2. To possess any device intended for the taking of birds, mollusks, crustaceans, marine or intertidal algae or plants or any other marine or intertidal organisms, including but not limited to shovels, clam “guns”, buckets, crab pots or traps, hooks, spears or spear guns of every kind and description, nets for capturing or retaining in one's possession marine life, gaffs, or any other similar device.

B. The parks and recreation director may issue permits for the collection of any marine life from public beaches, other than the Brackett's Landing Shoreline Sanctuary, whenever the issuance of such permit will not materially jeopardize the continued viability of marine life on such Edmonds public beaches, or otherwise be contrary to the continued use and enjoyment of the city's public beaches.

C. Brackett's Landing Shoreline Sanctuary, as otherwise regulated by this chapter, shall not be subject to the provisions of this section. [Ord. 2531, 1985; Ord. 2402 § 2, 1983].

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 75.10 RCW in its entirety – Enforcement – Penalties;

B. Shellfish General Provisions.

WAC

220-56-310 Shellfish – Daily Bag Limits

220-56-312 Shellfish – Possession Limits

C. Hard/Soft Shell Clams.

WAC

220-56-355(3) Undersized Clams (1-1/2” Minimum)

220-56-335(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(18) Possession of Over (6) Dungeness Crabs

220-56-310(19) Possession of Over (12) Red Rock Crab

220-56-335(1) Possess Female/Soft Dungeness

220-56-335(2) Undersize Dungeness Crab

220-56-335(4) Possess Crab/Back Removed

220-56-330 Closed Season/Area-Pot Closure

[Ord. 2918 § 1, 1993; Ord. 2911 § 1, 1993].

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. [Ord. 2911 § 2, 1993].

5.32.110 Prohibited acts within Brackett's Landing Shoreline Sanctuary.

It is unlawful for any person to knowingly commit any of the following acts within the Brackett's Landing Shoreline Sanctuary except when permitted by special permit obtained as provided below:

A. To injure, destroy or otherwise contribute to the physical degradation of the habitat of any fish, bird, mollusk, crustacean, marine or intertidal algae or plant, or any other marine or intertidal organism.

B. To take, possess, injure, or destroy any bird, mollusk, crustacean, marine or intertidal algae or plant, or any other marine or intertidal organism of any kind whatsoever.

C. To possess any device intended for the taking of birds, mollusks, crustaceans, marine or intertidal algae or plants or any other marine or intertidal organisms, including but not limited to shovels, clam “guns,” buckets, crab pots or traps, hooks, spears or spear guns of every kind and description, nets for capturing or retaining in one's possession marine life, gaffs, or any other similar device.

D. To ignite, fuel, maintain or permit any fire except a fire in a facility specifically designed for open fires and expressly designated as such by the parks and recreation director, or contained cooking stoves including but not limited to a charcoal, gas or propane stove or grill.

E. To operate or permit to operate any motorized boat except a Washington State Ferry to the extent necessary for docking operations. [Ord. 2531, 1985; Ord. 2284 § 2, 1982].

5.32.120 Shoreline sanctuary permit.

A. Any person may engage in an activity prohibited by ECC 5.32.110(A) through (C); provided such person obtains and possesses a “Shoreline Sanctuary permit” issued by the director of parks and recreation or designee.

B. Such permit shall only be issued upon a showing to the satisfaction of the parks and recreation director or designee that such permit is necessary for scientific research, educational endeavors or because of an emergency threatening the public health, safety and/or general welfare or the marine life of such sanctuary. The permit shall set forth:

1. The activity allowed.

2. The dates such permit shall be effective.

3. The names of the person to whom the permit is issued. [Ord. 2531, 1985; Ord. 2284 § 3, 1982].

5.32.130 Acts deemed a public nuisance.

Any action which materially injures or threatens harm to any marine organism in the Brackett's Landing Shoreline Sanctuary or which materially degrades the physical habitat of such marine organisms, shall be deemed a public nuisance subject to injunctive relief and civil damages for any such harm. [Ord. 2531, 1985; Ord. 2284 § 4, 1982].

5.32.140 Penalties.

Any person violating any provision of this chapter shall be guilty of a misdemeanor and shall be subject only to a fine not to exceed $1,000. [Ord. 2853 § 29, 1991; Ord. 2531, 1985; Ord. 2284 § 5, 1982].