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C. No person shall land an aircraft on Chaplain Tract including Chaplain Reservoir except as a <br /> result of emergency or by permission through prior arrangements with the City. <br /> D. The owner or pilot-in-command of any aircraft that lands on Chaplain Tract including <br /> Chaplain Reservoir shall be strictly liable for the infraction of Allowing Aircraft Trespass on <br /> Chaplain Tract and shall be fined up to ten thousand dollars ($10,000) unless the owner can <br /> prove by a preponderance of evidence that the aircraft landed as a result of an emergency or by <br /> permission through prior arrangements with the City. <br /> D-E. Public access areas may be closed at any time for construction, maintenance, security, or <br /> other operational necessities. Public access at these times is prohibited and a violation of this <br /> section. <br /> F. No person shall knowingly enter or remain, unless authorized, on lands within four <br /> hundred feet of the City of Everett Diversion Dam in the Sultan River at river mile 9.5. <br /> G. No person, unless authorized, shall operate a motor vehicle (including motorcycles,) Off- <br /> road vehicle, or Wheeled all-terrain vehicle along T-1250 to Lost Lake south of the Chaplain <br /> Reservoir watershed boundary. Such use shall be considered unauthorized trespass absent <br /> express written permission by the City. <br /> H. Violation of any provisions of this section, except section D, shall constitute trespass in <br /> Chaplain Tract, a gross misdemeanor, as defined by Section 10.04.080. (Ord. 3315-13 § 5, 2013) <br /> Section 2. Section 03 of Ordinance 3315-13(codified at EMC 8.64.030), is amended to add the <br /> following definitions: <br /> "Wheeled All-Terrain Vehicles(WATVs)" has the same meaning as the definitions <br /> contained in chapters 46.04 and 46.09 RCW and is incorporated by reference. <br /> "Drones" refers to all types of unmanned aircraft systems (UAS) as defined by the Federal <br /> Aviation Administration (FAA) and includes any aircraft that is operated without the possibility <br /> of direct human intervention from within or on the aircraft and associated elements. <br /> "Model aircraft" refers to unmanned aircraft systems that are used solely for hobby and/or <br /> recreational purposes. A model aircraft is capable of sustained flight and must be flown within <br /> the visual line of sight of the person operating the aircraft. <br /> ri 2020 ORDINANCE:Chaplain Tract Update Page 2 of 4 <br />