A. The provisions of this section apply to the entire Bridgewater Channel as defined in § 8.16.020B of this code at all times regardless of whether or not other restrictions have been enacted.
B. It is recognized that the air quality may deteriorate within the Bridgewater Channel at any time regardless of what restrictions, if any, have been enacted.
C. At all times throughout the year, the Chief of Police, or the Chief’s designee, shall monitor the air quality in the Bridgewater Channel and shall be authorized to take any actions necessary in an effort to prevent worsening air quality in the Bridgewater Channel. Factors to be considered in exercising this discretionary authority may include boat traffic, water conditions, observed and forecast wind and weather conditions, CO levels as monitored in city employees, and other factors which may be indicative of air quality (e.g., ambient air quality monitoring).
D. The provisions of this section apply to the extent that they are not inconsistent or in conflict with any law or regulations administered by the U.S. Coast Guard.
E. The provisions of this section shall not apply to authorized emergency motor-driven watercraft and any motor-driven watercraft required to be operated by or under the direction of a master or pilot licensed in such capacity by the United States of America or any of the several states.
F. Violation—Penalty. The doing of any act prohibited by this section or the failure to perform any act required by this section is a misdemeanor violation of this code, subject to a criminal sanction pursuant to § 1.08.010 of this code for each, such violation.
(Ord. 04-736, passed - -2004)