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ORD NO. 2020-32 SPEED AND WAKE RESTRICTIONS IN BLAKELY HARBORPage 1 of 2 ORDINANCE NO. 2020-32 AN ORDINANCE of the City of Bainbridge Island, Washington, relating to watercraft speed and wake and other activities in Blakely Harbor; amending Section 12.40.060.B. of the Bainbridge Island Municipal Code to include Blakely Harbor as a Restricted Area. WHEREAS, the City of Bainbridge Island seeks to manage the speed and wake of watercraft in certain areas to protect the public health, safety, and welfare; and WHEREAS, it is evident from information received by the City, including via comment received by City staff and the City Council, that the use of Blakely Harbor for a variety of uses, including swimming, kayaking, and paddle boarding, has increased; and WHEREAS, residents and harbor stewards along Blakely Harbor have expressed concerns regarding the speed and wakes of watercraft within the harbor and their impact on the safety of other users of the waterway; and WHEREAS, uses within the harbor include swimmers, non-motorized boaters, anchored vessels, water skiing, and other motorized and non-motorized activities; and WHEREAS, due to such concerns, residents and harbor stewards have proposed adding Blakely Harbor to the other restricted areas set forth in the Bainbridge Island Municipal Code (“BIMC”), under BIMC 12.40.060, and those areas currently include Eagle Harbor, Port Madison Bay, and Manzanita Bay; and WHEREAS, such restrictions provide that it is unlawful for any person to operate a watercraft at a speed sufficient to create a wake or in excess of five nautical miles per hour, whichever is less, within such restricted areas, or within 150 feet of any shoreline, dock, breakwater, or nonmotorized boating class, group, or event; and WHEREAS, on September 22, 2020, the City Council considered proposals related to establishing Blakely Harbor as such a restricted area, and the Council directed City staff to prepare an ordinance to establish the area as proposed by harbor stewards and residents of Blakely Harbor; and WHEREAS, this Ordinance No. 2020-32 meets the intent as indicated and considered by the City Council, including at Council meetings on November 24 and December 8, 2020, with the goal of increasing public safety in Blakely Harbor based on concerns expressed in the community. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Section 12.40.060.B. of the Bainbridge Island Municipal Code is hereby amended to read as follows: Page 2 of 2 B. Restricted Areas. 1. Priority aquatic Category A areas pursuant to BIMC 16.12.020.C.2 or future amendments thereto. Uses within priority aquatic Category A areas are also regulated by the shoreline master program (Chapter 16.12 BIMC). 2. Eagle Harbor extending west from a line that runs from the Eagle Harbor Ferry Terminal to USCG buoy No. 5 and Bill Point. 3. Port Madison Bay extending out to one-fourth mile north of the port community dock. 4. Manzanita Bay extending south of latitude 47 degrees 40.200 minutes north. 5. Blakely Harbor extending west of longitude -122 degrees 30.033 minutes west. Section 2. Severability. Should any section, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 3. Effective Date. This ordinance shall take effect and be in force five (5) days from its passage and publication as required by law. PASSED by the City Council this 8th day of December, 2020. APPROVED by the Mayor this 8th day of December, 2020. Leslie Schneider, Mayor ATTEST/AUTHENTICATE: FILED WITH THE CITY CLERK: November 20, 2020 PASSED BY THE CITY COUNCIL: December 8, 2020 PUBLISHED: December 11, 2020 EFFECTIVE DATE: December 16, 2020 ORDINANCE NUMBER: 2020-32