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HomeMy WebLinkAboutOrdinance No. 980 ORDINANCE NO. 980 AMENDING SECTION 16.02.020 OF THE LAUREL MUNICIPAL CODE, TO ALLOW SCUBA DIVING IN SOUTH POND BY CERTIFIED DIVERS UNDER SPECIAL.CIRCUMSTANCES. BE IT ORDAINED by the City Council of the City of Laurel, Montana, that pursuant to Montana Code Annotated Section 70.16.302, Section 16.02.020 of the Laurel Municipal Code is hereby amended to read as follows: 16.07.020. Restrictions on Use of South Pond. 1. The following activities are prohibited at South Pond at all times: a) Swimming, except for approved SCUBA diving and skin diving as set forth below. b) Motorized or power boating of any kind. Scuba diving and skin diving Pond by advance permit only, restrictions: shall be permitted at South subject to the following a) b) Any person, prior to skin or SCUBA diving in South Pond, shall first obtain from the City a permit. Permits granted hereunder are given pursuant to Montana Code Annotated § 70-16-302(1). The City shall not collect any fee for issuing a permit hereunder. The City of Laurel shall not be liable for any accidents or injury to persons or property d. er~Ted from skin or SCUBA diving or related activities. Every applicant must sign a release and waiver of liability before receiving a permit hereunder. -1- c) The City shall not issue a permit unless the applicant first displays to the City ~ current certification of diving qualification issued by a recognized diving training school affiliated with one of the below listed organizations. Student applicants must be accompanied by a certified instructor at all times and are subject to all other requirements of this Ordinance. The following organizations are recognized by the City as proper certifying authorities: NoA.U.I.- National Association of Underwater Instructors PoA.D.I.- Professional Association of Diving Instructors Y.M.C.A.- Young Men's Christian Association N.A.S.D.S.- National Association of Skin Diving Schools P.S.I.C.- Professional Divers Instructional College d) All permitees shall be subject to all federal and state laws, rules and regulat$ons pertaining to SCUBA diving and skin diving. e) Any permit issued hereunder may be revoked at any time by Laurel Police Officers, with or without cause. Divers shall immediately leave the Pond upon demand of any police officer. 3. Any person who violates any of the terms or provisions of this section shall, upon conviction therefore, be punished in accordance with the provisions of Section 1.16.020 of this Code. -2- This Ordinance shall become effective thirty (30) days after final passage by the City Council and approval by the Mayor. Introduced on first reading at a regular meeting of the City Council on December ]8 , 1990, by Alderman Orr PASSED and ADOPTED by the Laurel City Council on the second reading this 2nd day of January , 1991. APPROVED by the Mayor this 3rd day of January , 1991. CITY OF LAUREL Bob Gauthier, Mayor Donald L. Hackmann, City Clerk Jo~. Bradley, City Attorney~ -3-