No. 12-113

TOWN OF CATHLAMET

ORDINANCE #554-12

AN ORDINANCE OF THE TOWN OF

CATHLAMET, WASHINGTON, AMENDING

Cathlamet MUNICIPAL CODE (CMC)

CHAPTER 12.25 - TOWN DOCK, PROVIDING FOR NO SWIMMING OR DIVING

FROM THE TOWN DOCK

WHEREAS, The Town of Cathlamet (Town) owns a dock which is generally accessible to the public, and

WHEREAS, the Town has established laws pertaining to the use of the town dock; and

WHEREAS, the Town has been advised that from time to time members of the public dive from and swim adjacent to the town dock; and

WHEREAS, the Town Council finds such swimming and diving to pose an unacceptable risk to members of the public given strong currents in the area, cold water temperatures, and the presence of large barges frequently moored nearby; and

WHEREAS, CMC 1.01.030 ordinarily requires readings of ordinances at least two separate town council meetings prior to passage, with passed ordinances effective five days from the date of passage and publication; and

WHEREAS, nothing in Washington State statutes requires such readings or such waiting period after publication for passage of town ordinances; and

WHEREAS, the Town Council finds that the dangers inherent to such swimming and diving constitute a risk to public health and safety sufficient to justify passage of the ordinance in one reading at a regular meeting of the council during the summer season;

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF Cathlamet AS FOLLOWS:

CMC Title 12 - STREETS, SIDEWALKS AND PUBLIC PLACES, Chapter 12.25-TOWN DOCK is hereby amended as follows:

Add a new Section numbered as 12.25.030 - No swimming or diving, which reads as follows:

12.25.030 No swimming or diving.

(1) It is declared that public access to waters from the town dock is declared to be dangerous to the health and safety of swimmers by reason of strong currents, cold water temperatures, and the presence of large barges frequently moored nearby.

(2) The Public Works Superintendent or his designee shall place signs prohibiting swimming or diving from the town dock. The signs must be of such size and character to bring attention to the fact that swimming and diving from the dock are prohibited by town ordinance.

(3) No person shall dive or otherwise enter the water from the town dock or swim in the area beyond the dock for a distance of 100 feet from the dock.

Existing Section 12.25.030 - Penalty. shall be renumbered as 12.25.040.

This ordinance shall be in full force and take effect immediately upon publication.

Passed first and final reading: August 20, 2012.

APPROVED:

______________________________________

George Wehrfritz, Mayor

______________________________________

Steve McNicholas, Council Position No. 1

______________________________________

Walter Wright, Council Position No. 2

______________________________________

Richard A. Swart, Council Position No. 3

______________________________________

Robert Rendler, Council Position No. 4

______________________________________

Ruth A. Doumit, Council Position No. 5

Attest:

_________________________________

Tina M. Schubert, Clerk-Treasurer

Approved as to form:

_________________________________

Heidi L. Heywood

Town Attorney, WSBA No. 25122

Publish August 23, 2012