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HomeMy WebLinkAbout1014ORDINANCE Nu. /6/4/ An ordinance providing for the supervision and control of property on Ediz Hook, held under lease from the United States to the City of Port Angeles; setting forth and defining acts of trespass and other unlawful acts upon said property; providing penalties therefore and declaring an emergency. WHEREAS, the City of Port Angeles, by lease from the United States Government, dated the 17th day of August, 1914, took poaseasion of the portion of Ediz Hook belonging to the Government which lies south - westerly from the Light House Reservation, which tract is more fully described in said lease, and, WHEREAS, by Ordinance No. 483, the City ratified the said lease, assumed control of the same and made it a portion of the City, provided for streets, road- ways and industrial sub - divisions of the same, and, WHEREAS, it is necessary and important for the preservation and maintainance of the highway along Ediz Hook to protect the shores and other property from trespass, injury, destruction and other unlaw- ful acts, and necessary and important to regulate and control the use of the property for protection against epidemic and fire -and for the safety and health of the inhabitants of the City of Port Angeles. NOW, THEREFORE, the CITY COMMISSION of the City of Port Angeles does ordain as follows; Section 1. By virtue of lease from the United States, the City of Port Angeles has and declares con- trol of all the property on Ediz Hook up to the point marking and defining the property reserved as the United States Light House,Reservation and now occup- ied by the United States Light House, the United States Hydroplane Base and other Federal units. The City also declares and assumes control of all tide- lands and up -lands upon the said portion of Ediz Houk and the road heretofore built thereon, and the houses, structures and all of the personal property upon said portions of Ediz Hook, except the property belonging to persons occupying portions thereof under lawful authority from the City of Port Angeles. The City has and hereby assumes control of all logs, drift - wood, debris, and material which has been or shall be placed or installed upon the said Ediz Hook, or which has been or shall be washed or drifted over and ,upon said property. The said logs, sand, gravel, drift -wood and de- bris, which now lie and which may hereafter occur up- on the outer or northerly side of Ediz Hook, create a bulkhead and afford protection to the highway there- on, and said materials are essential to the maintain - ance of the said highway and a protection to the'bulk- heads constructed by the City of Port Angei.ea. Section 2. it shall be unlawful for any person to go upon said' Edit Hook for...the- •purpose of cutting, displacing, or removing any logs, driftwood, debris, and gravel or other materials or to cut up any of the said material or remove the same from the property. Section 3. It shall be unlawful to cut, remove or in any way interfere with any portion of any em- bankment, or bulkhead upon the said Ediz Hook, or in any manner interfere with or damage any portion of the highway or any fences, retaining walls, abutments or other construction upon said property. Section 4. It shall be unlawful to remove, dam- age, or interfere with any landing, piling, dolphins, gridiron, elevators, racks, docks or any other struct- ure or equipment installed or erected by the City of Port Angeles; or to damage, disturb or interfere with . any sewer line, water- pipes, hydraulic or water line appurtances or any electrical transmission lines, wires, poles or equipment or any telephone line, pole or equipment or any other construction installed upon said property. Section 5. It shall be unlawful for any person- to erect any structure or set up any tent or shelter upon any .portion' of Ediz -Hook under the' control'of the City, or to haul or move any structure or materials upon any of the said portions of Ediz Hook without the consent of the City Commission. Section 6. It shall be unlawful for any person to reside or occupy any building, tent or shelter up- on any portion of Ediz Hook which is under control of the City without the consent of the City Commis sion. Section 7. Any person who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be pun- ished by a fine not to exceed one hundred dollars ($1U0.) or by imprisonment in the City jail not to exceed 30 days, or by both such fine and imprisonment. Section 8. This ordinance shall not be understood to prevent any person from lawfully using the highway running .over and across the said Ediz Hook, nor to pre- vent any person from making a reasonable use of the real • estate which he may lawfully occupy under proper sub - '"'s tease, permit, or other authority from the City of Port Angeles, and to build, use and occupy such struct- ures thereon as may be reasonably necessary and con- venient for the pursuit of the industries for which the particular tract was leased. Section 9. The provisions and restrictions of this ordinance shall apply to all of the portions of Vdiz Hook which have been granted to the City of Port t f S Angeles by the said lease from'the United States to �t��,, said City, dated August 17, 19.14, and any and all of <1faT the restrictions, reserva,tiions" and "requirements con - tained'insaid lease shall apply to the occupants of the property and shall be'fenforced by the said City. Section 10. This ordinance is urgent and nec- eseary to the peace, health, and safety of the in- - • habitants of the City of Port Angeles, which emer- gency is hereby declared to exist, and this ordinance Shall take effect and be in force immediately after its passage, approval and lawful publication. Passed first reading by the City Commission, Jan- uary '1'3 , 193o. Passed second reading by the City Commission, January Y3, 1935. Passed third reading and finally adopted by the City Commission, 19 .O5. Approved and. a igneci_ by the Mayor. Attest: City Clerk Approvea as to form: City At orney Published: 19:5 b . Mayor 1935. • • • f • • 4 rrtL -�17'*