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This subsection D does not apply to vessels involved in commerce, including but not limited to <br /> tugs,barges, cargo vessels, commercial passenger vessels, fishing vessels, and processing <br /> vessels. <br /> Section 18: Ordinance 1246-86 § 1 (part), 1986 (EMC 12.02.140), which reads as follows: <br /> Obstructing navigation—Penalty. <br /> Every person who shall in any manner obstruct the navigable portion or channel of the waters of <br /> the city of Everett, navigable and generally used for the navigation of vessels,boats, or other <br /> watercraft, or for the floating down of logs, cordwood, fencing posts or rails, shall be guilty of a <br /> misdemeanor; provided, that the placing of any mill dam or boom across a stream used for <br /> floating saw logs, cordwood, fencing posts or rails shall not be construed to be an obstruction to <br /> the navigation of such stream, if the same shall be so constructed as to allow the passage of <br /> boats, saw logs, cordwood, fencing posts or rails without unreasonable delay. <br /> Is hereby amended to read as follows: <br /> Obstructing navigation—Penalty. <br /> A. No person shall in any manner obstruct the navigable portion or channel of the waters of <br /> the city of Everett, navigable and generally used for the navigation of vessels,boats, or <br /> other watercraft, or for the floating down of logs, cordwood, fencing posts or rails; <br /> PROVIDED, that the placing of any mill dam or boom across a stream used for floating <br /> saw logs, cordwood, fencing posts or rails shall not be construed to be an obstruction to <br /> the navigation of such stream, if the same shall be so constructed as to allow the passage <br /> of boats, saw logs, cordwood, fencing posts or rails without unreasonable delay; <br /> PROVIDED FURTHER, that the obstruction of navigable waters for the purpose of <br /> deploying equipment to contain or clean up a spill of oil or other hazardous material shall <br /> not be considered an obstruction. <br /> B. Except as provided by the Penalty section of this Chapter, a violation of this section is an <br /> infraction punishable by a fine in an amount not to exceed five hundred dollars for each <br /> offense. <br /> Section 19: Ordinance 1246-86 § 1 (part), 1986 (Chapter 12.02 EMC) is hereby amended by the <br /> addition of the following section: <br /> 17 <br />