HomeMy WebLinkAbout3280ORDINANCE NO. 3oZ fiU
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter, I
4.06, of the Kent City Code entitled "Boating
Regulations" relating to boating activities i
within the City of Kent.
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WHEREAS, the City Council recently adopted Chapter 4.06
of the Kent City Code establishing regulations for boating
activities within the City; and
WHEREAS, the City Council finds it appropriate to make
certain provisions to Chapter 4.06 relating to water skiing and
other changes; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 4.06 of the Kent City Code entitled
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"Boating Regulations" is hereby amended to read as follows:
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CHAPTER 4.06. BOATING REGULATIONS.
Sec. 4.06.010. Application of regulations.
The provisions of this chapter shall be applicable to
all watercraft and related uses in and upon all lakes within the
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geographical boundaries of the City of Kent. The provisions of i
this chapter shall be construed to supplement United States laws
and state laws and regulations when not expressly inconsistent
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therewith.
!Sec. 4.06.020. Definitions. I
For the purpose of this chapter, the following terms
I shall have the meaning ascribed in this section:
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?� A. "Authorized emergency watercraft" means any
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lauthorized watercraft of the City's police or fire departments, j
the United States government, and State of Washington authorized
1i1patrol boats or watercraft.
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B. "City" means the City of Kent.
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C. "Obstruction" means any matter which may in any way
blockade, interfere with or endanger any watercraft or impede
navigation including but not limited to rafts, log booms, trees,
4Ilumber, and other similar material or objects.
D. "Oil" means any oil or liquid, whether of animal,
vegetable or mineral origin, or a mixture, compound or
I!distillation thereof.
E. "Operator" means a person who is in control or in I
charge of a vessel or watercraft while it is in use.
F. "Owner" means the person who has lawful possession
of a watercraft or obstruction by virtue of legal title or
equitable interest therein which entitles him or her to such
possession.
G. "Person," when necessary, means and includes
natural persons, associations, copartnerships and corporations,
whether acting by themselves or by a servant, agent or employee;
the singular number, when necessary, means the plural, and the
masculine pronoun includes the feminine.
H. "Pier" means any pier, wharf, dock, float, gridiron
or other structure to promote the convenient loading or unloading
or other discharge of watercraft, or the moorage of watercraft.
I. "Police" or "Police Di4epartment" means the Police
Department of the City of Kent.
J. "Restricted area" means an area that has been
marked in accordance with and as authorized by the law or
regulations of the City, to be used for certain designated
purposes such as swimming and aquatic events or otherwise closed
Ito use by watercraft, the method of marking and designation of
(which shall have been made by the City in accordance with the
provisions of this chapter.
! K. "Skin diving" means any free swimming person and/or
any person who uses an artificial or mechanical means to replace
chis or her air, including self-contained underwater breathing
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apparatus (SCUBA diving), snorkel tube equipment and free diving
gear. .
L. "Watercraft" means every description of boat,
ivessel, personal watercraft or similar craft:
1) twelve feet or greater with a beam of four feet
or more or
2) equipped with motor power meaning motor
propulsion machinery or an internal combustion engine regardless
of length or beam, used or capable of being used as a means of
transportation on water, or required to be registered by the Boat
Safety Act of 1971. PROVIDED THAT this definition shall not
include authorized emergency watercraft or other authorized
watercraft or craft used for public safety or emergency and
rescue purposes.
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M. "Water ski" or "water skiing" means all forms,
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manners or means of person or persons being towed behind a motor
Dowered watercraft bee-, including, but not limited to, skis,
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tubes e�_, surfboards or similar contrivance.
Sec. 4.06.030. Motor powered watercraft prohibited - Exception
Except on lakes otherwise specifically provided for in
this chapter, no motor powered watercraft shall be operated on
any lake within the City.
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Sec. 4.06.040. Negligent operation.
No person shall negligently operate any watercraft in a
manner so as to endanger or be likely to endanger any person or
property or at any rate of speed greater than will permit him or
her in the exercise of reasonable care to bring the watercraft to
a stop within the assured clear distance ahead. A violation of
this section shall constitute a misdemeanor as defined in this
chapter.
Sec. 4.06.050. Reckless operation.
No person shall operate any watercraft in a reckless
�Imanner so as to endanger the life or limb, or damage the property
11of any person. A violation of this section shall constitute a
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11aross misdemeanor as defined in this chapter.
Sec. 4.06.060. Required distance from power craft to swimmers
and row boats.
It is unlawful for any motor powered watercraft to be
operated while the propeller is engaged within fifty feet of any
swimmer or any row boat, canoe or other water conveyances.
Sec. 4.06.070. Dumping trash in lakes prohibited.
The dumping, depositing, placing or leaving of any
garbage, ashes, debris, brush or other material into any lake, is
prohibited.
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Sec. 4.06.080. Floating objects adrift.
All watercraft, or any other article of value found
adrift in any lake in the City, may be taken into possession and
removed by the police or other authorized City official or agent
and shall be subject to reclamation by the owner thereof, on
payment by him or her to the City of any expenses incurred by the
City and in case of failure to reclaim may be sold or disposed of
according to law.
Sec. 4.06.090. Sunken watercraft.
When any watercraft or obstruction has been sunk or
,,grounded, or has been delayed in such manner as to stop or
iseriously interfere with or endanger navigation, the police may
,order the same immediately removed and if the owner, or other
1person in charge thereof, after being so ordered, does not
11proceed immediately with such removal, the police or other
authorized city official or agent may take immediate possession
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;thereof and remove the same, using such methods as in his or her
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Judgment will prevent unnecessary damage to such watercraft or
liobstruction, and the expense incurred by the City in such removal
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shall be paid by the owner or other person in charge of such
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watercraft or obstruction; and in case of failure to pay the
jisame, the City may maintain an action for the recovery thereof.
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Sec. 4.06.100. Intoxication.
A. It is unlawful for any person who is under the
influence of intoxicating liquor or nai-eeFreer hal5it FeVM'ny
drugs to operate or be in actual physical control of any
watercraft.
B. It is unlawful for the owner of any watercraft or
any person having charge or control of such to authorize or
knowingly permit the same to be operated by any person who is
under the influence of intoxicating liquor, nai-eetie—ef habA:t
rQ or drugs.
C. Whenever it appears reasonably certain to any j
police officer that any person under the influence of, or l
affected by the use of, intoxicating liquor or of any
drug is about to operate a watercraft in violation of subsection
A above, said officer may take reasonable measures to prevent any
such person from so doing.
D. A violation of this section shall constitute a
gross misdemeanor as defined in this chapter.
Sec. 4.06.110. Incapacity of operator.
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It is unlawful for the owner of any watercraft or any
person having charge or control of such to authorize or knowingly
permit the same to be operated by any person who by reason of
physical or mental disability is incapable of operating such
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watercraft under the prevailing circumstances.
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Sec. 4.06.120. Accidents.
The operator of watercraft involved in an accident
resulting in injury or death to any person or in damage to EE
property shall immediately stop such watercraft at the scene of I
such accident and shall give his or her name, address, and the
name and/or number of his or her watercraft, and the name and
address of the owner, to the person struck or the operator or
occupants of the watercraft collided with or property damaged,
and shall render to any person injured in such accident
reasonable assistance.
Sec. 4.06.130. Accident reports.
The owner or operator of any watercraft shall file a
written report within forty-eight hours with the police
department of any accident involving death or personal injury
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requiring medical treatment or property damage in excess of two
hundred dollars in which such watercraft shall have been involved)
on any lake of the City.
Sec. 4.06.140. Overloading.
A. No watercraft shall be loaded with passengers or
cargo beyond its safe carrying capacity nor carry passengers in
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an unsafe manner taking into consideration weather and other
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existing operating conditions.
B. Whenever it appears reasonably certain to any
police officer than any person is operating a watercraft loaded
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beyond its safe capacity, said officer may take reasonable
measures to prevent any such person from so operating the craft.
Sec. 4.06.150. Watercraft operation within or bordering park
property.
No person shall have, keep or operate any boat, float,
raft, or watercraft in or upon any lake, within the limits of any
park property, or launch the same at any point upon the shores
thereof bordering upon any park property, except at places set
apart for such purposes by the parks and recreation department
and so designated by signs.
Sec. 4.06.160. Restricted areas.
In the interests of safe navigation, life safety and
the protection of property, the city may designate restricted
areas and the purpose for which same shall be used on any lake
authorized for watercraft use. No person shall operate a
watercraft within a restricted area; provided, that this section
shall not apply to watercraft engaged in or accompanying the
activity to which the area is restricted, nor to patrol or rescue
craft or in the case of an emergency.
Sec. 4.06.170. Swimming.
Swimming in the waters of the City shall be confined
to.
A. Restricted swimming areas, or
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B. To within a distance of fifty feet from the shore,
for a pier except when the swimmer is accompanied by a watercraft
;relative to water skiing or related watercraft activities.
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Sec. 4.06.180. Skin diving.
Skin diving shall be prohibited in all lakes in the
City except as necessary for public employees and their agents or
other authorized personnel to perform their duties or in the case I
of an emergency.
Sec. 4.06.190. Water skiing.
Water skiing is prohibited on all eri-try lakes within 4rn
the City except for Lake Meridian which shall be regulated as set
forth in Section 4.06.210.elzvllews:
B it is ttniawf-ti!
y-ai-ds of s `fere . Watei- 9!E±*eLs
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r T!! p,e L -s en 7-aein
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Sec. 4.06.200. Lake Fenwick - Motor -powered watercraft prohibited
- Exception.
It is unlawful to use or operate any watercraft with
motor power on Lake Fenwick, except electric fishing trolling
motors, and except as necessary for public employees and their
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agents or construction company employees to perform their
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authorized duties or in case of an emergency.
Sec. 4.06.210. Lake Meridian - Motor powered watercraft
restrictions - water skiincr.
The following rules and regulations are adopted for the
use of motor -powered watercraft on Lake Meridian:
A. It is unlawful to use or operate any watercraft
powered by motor power on Lake Meridian, except that watercraft
with the following engines will be permitted:
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1. Water-cooled outboard engines of stock
manufacture or stock manufactured inboard engines with outboard
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drive units (inboard - outboards) which vent all exhaust gases
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through the lower drive unit in conjunction with cooling water
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and/or vent at a point on the drive unit which is under water at
all times; or watercooled direct drive inboard engines equipped
with a muffler or silencer of sufficient size and capacity, to i
effectively muffle and reduce noise. This includes both
propeller and jet propulsion watercraft.
2. Air-cooled outboard or inboard engines of
stock manufacture rated by the manufacturer at ten horsepower or
less.
3. Electric fishing trolling motors.
B. It is unlawful to operate any watercraft powered
by engines which are worn, damaged or modified in such a manner
as to permit the noise level of exhaust gases or air intake
devices to be increased above seventy-four decibels on the dB(A)
scale is prohibited.
E -C. No watercraft shall operate in excess of eight
miles per hour after 6:00 p.m. until the hour of 9:00 a.m. and
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not in excess of thirty-five miles per hour from 9:00 a.m. to
6:00 p.m.
-F-D. Watercraft exceeding speeds of eight miles per
hour shall remain at least two hundred feet from the shoreline
and one hundred feet from other watercraft and swimmers and shall I
proceed around the lake in a counterclockwise direction.
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addit4en
to the
6i-iveaF er epe ate -r .
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�E. All boats operating on Lake Meridian shall carry a
United States Coast Guard approved personal flotation devices
=�4-e peseio=ei!, ei!. tlzii-ewable edshin good condition for each
person in the watercraft.
-KF. Motor -powered watercraft operating after sundown
shall be equipped with and have lit proper running lights.
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FFG. The anchorage or moorage of unoccupied watercraft
is prohibited except when tied to a pier or dock with the
permission of the owner of the pier or dock.
AH. No remote controlled watercraft powered by
internal combustion engines shall operate before 9:00 a.m. or
after 6:00 p.m.
8-I-. Skin diving is prohibited except as necessary for
public employees and their agents or other authorized personnel
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to perform their duties or in the case of an emergency.
skiing:
J. The followins regulations apply to all water
1 Water skiing will be limited to the hours of 9:00
a.m. to 6:00 p.m.
2. It is unlawful to water ski within three hundred
feet of shore exc e -pt as follows: a) from privately owned
shoreline water skiers may start at and return to shore by means
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of the most expeditious route; b) from City owned shoreline,
water skiers may start or return (deep water start) from a
distance of 200 feet or greater from shore but are prohibited
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from starting or stopping within 200 feet of shore. For purposes
of this provision City owned shoreline includes the swimming (,
beach and boat launching areas of the park. For purposes of
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startinc at and returning to shore as authorized herein, water
skiers mak temporarily exceed the speed limit of eight miles per
hour.
3 Watercraft towing persons on water skis, tubes,
surfboards or similar contrivance shall carry a competent
observer in addition to the driver or operator.
4 All persons on water skis tubes, surfboards or
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similar contrivance shall wear a United States Coast Guard
approved personal flotation device.
5 All -persons in watercraft towing persons on water
skis tubes surfboards or similar contrivance shall remain
seated at all times.
6 All operators of watercraft having in tow or
otherwise assisting a person on water skis tubes surfboards or
similar contrivance shall comply with Sections 4.06.040. 4.06.050
and 4.06.060.
7 Regulations stated in this subsection shall not
apply to watercraft used in water ski tournaments competitions,
expositions or trials therefore which have been duly authorized
by the City.
Sec. 4.06.220. Equipment and numbering.
All watercraft shall carry the equipment required by
any applicable United States laws as now or hereafter amended,
and shall be numbered or designated in accordance with any
applicable United States laws as now or hereafter amended.
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Sec. 4.06.230. Life preservers and running lights.
Federal regulations covering equipping of watercraft
with life preservers for each passenger, and also use of running
lights for night operation, shall be strictly complied with.
Sec. 4.06.240. Oil.
No owner, operator or other person in charge of any
watercraft, and no person along or upon the shore of the waters
of the City, shall spill, throw, pump or otherwise cause oil of
any description to be or float upon the waters of the City. Any
person causing oil to be upon the waters of the City as aforesaid
shall remove the same and upon his or her failure to do so, the
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same may be removed by the City or other appropriate agency and
I the expense thereof shall be paid by and recoverable from the
jperson causing said oil to be upon the water. The payment of I
such sum or the maintenance of an action therefore, shall not be
;;deemed to exempt such person from prosecution for causing such
!;oil spillage. Any willful violation of this section shall
!constitute a misdemeanor as defined in this chapter.
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Sec. 4.06.250. Nuisances.
Sunken watercraft, refuse of all kinds, structures or
pieces of any structure, timber, logs, piles, boom sticks,
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lumber, boxes, empty containers and oil of any kind floating
uncontrolled on the water, and all other substances or articles I
of a similar nature, are hereby declared to be public nuisances
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and it is unlawful for any person to throw or place in, or cause
or permit to be thrown or placed, any of the above named articles
;�or substances in any lake in the City, or upon the shores thereof
or in such position that same may or can be washed into said
''lakes of the City, either by storms, floods, or otherwise. Any
(person causing or permitting said nuisances to be placed as
aforesaid shall remove the same and upon his or her failure to do
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iso, the same may be removed by the City or other appropriate
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,!agency and the expense thereof shall be paid by and recoverable
j,from the person creating said nuisance. In all cases such
nuisances may be abated in the manner provided by law. The
abatement of any such public nuisances shall not excuse the
person responsible therefore from prosecution hereunder. A
violation of this section shall constitute a civil violation
under Kent City Code chapter 1.04 for which a monetary penalty
,may be assessed and abatement may be required as provided
therein. In addition to or as an alternative to enforcement
under chapter 1.04. any person who violates this section shall be
guilty of a misdemeanor as provided in this chapter.
Sec. 4.06.260. Public health.
All watercraft entering or in any lake in the City
shall comply with the applicable public health laws and
regulations of the United States, the state of Washington and its
political subdivisions.
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i!Sec. 4.06.270.
Liability for damages.
Nothing in this chapter shall be construed so as to
release any person owning or controlling any watercraft, pier,
obstruction or other structure, from any liability for damages, '
and the safeguards to life and property required in this chapter
shall not be construed as relieving any person from installing
and maintaining all other safeguards that may be required by law.
Sec. 4.06.280. Authorized emergency and patrol watercraft.
The provisions of this chapter shall be applicable to
the operation of any and all watercraft on any lake in the City
except that they shall not apply to any emergency and patrol
watercraft performing the authorized duties for which such
emergency and patrol watercraft were established.
Sec. 4.06.290. Directing traffic, emergency powers.
The police are hereby authorized to direct all
watercraft traffic either in person or by means of visible or
audible signal in conformance with the provisions of this
chapter; provided, that where necessary to expedite watercraft
traffic, or to prevent or eliminate congestion or to safeguard
persons or property, such officers and other authorized officers
of appropriate governmental agencies or authorities, may direct
watercraft traffic as conditions may require,
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provisions of this chapter.
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notwithstanding the
Sec. 4.06.300. Penalties.
A. Civil Penalty. Except as provided in Subsections B
and C below or as otherwise provided in this chapter, a violation
of any of the provisions of this chapter shall constitute a civil
violation for which a monetary penalty may be assessed in the
amount of we h ndi-ea fifty one hundred dollars ($259.94100.00).
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Each separate day, or portion thereof, during which any violation
occurs shall constitute a separate violation.
B. Misdemeanor. Any violation of any provision
established in this chapter which as a misdefneanei-al
constituteja a misdemeanor shall be punishable by a fine not to
exceed one !Eive thousand dollars ($s,999.99 1.000.00) or by
imprisonment not to exceed ninety (90) days eta, or by both
such fine and imprisonment. Each separate day or portion thereof
during which such violation occurs shall constitute a separate
violation.
C. Gross Misdemeanor. Any violation of any provision
established in this chapter which constitutes a gross misdemeanor
shall be punishable by a fine not to exceed five thousand dollars
($5,000.00) or by imprisonment not to exceed one year, or by both
such fine and imprisonment Each separate day or portion thereof
during which such violation occurs shall constitute a separate
violation.
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Sec. 4.06.310. Authority of officers to board watercraft
Commissioned officers of the City are hereby given the
authority to board any watercraft found underway on any lake of
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the City for the purpose of inspection and enforcement of this
chapter.
Sec. 4.06.320. Interlocal cooperation.
Nothing in this chapter shall preclude the City from
entering into interlocal agreements with cities and towns for the
administration and enforcement of this chapter.
Sec. 4.06.330. Enforcement.
It shall be the duty of the police department or other
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city department or official as authorized by the mayor to enforce
all sections of this chapter.
SECTION 2. Severability. If any section, sentence,
clause or phrase of this ordinance should be held to be invalid I
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or unconstitutional by a court of competent jurisdiction, such j
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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SECTION 3. Effective Date. This ordinance shall take
effect and be in force thirty (30) days from and after its
passage, approval and publication as provided by law.
ATTEST:
BRENDA JACOBER ,/ C
APPROVED AS TO
CLERK
ROGER A. LUBOVICH, CITY ATTORNEY
-11W 1 C• icelI G a2, A,-Tio",
PASSED _
APPROVED
PUBLISHED
S day of
0
v
1 1996.
day of 1996.
day of 1996.
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I hereby certify that this is a true copy of Ordinance
No. a �U passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
boatregb.ord
Q�& A (SEAL)
BRENDA JACO R, ITY CLERK
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