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Ord 91-082 " I ORDINANCE NO. 2H2 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING GENERAL PARK REGULATIONS AND PROVISIONS FOR ENFORCEMENT AND PENALTIES THEREFORE WHEREAS, the City of Federal Way is a non-charter code under the laws of the State of Washington and as such as the power to enact ordinance for the protection of the public health, safety and general welfare and for other purposes, and WHEREAS, the City of Federal Way seeks to provide a park sy.stem which includes safe and secure recreational environment. NOW THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as follows: Section 1. The City of Federal Way, Washington, adopts the following park regulations. l. A. B. GENERAL PROVISIONS POLICE POWER This chapter constitutes the park code of the city and is an exercise of the police power of the city and is necessary for the public peace, health, safety and welfare. DEFINITIONS The terms used in this chapter, unless clearly contrary to or inconsistent with the context in which used, shall be construed as follows; (1) "Director" means the City Director of Parks and Recreation or a designated employee of the Parks department. (2) "Park" means and includes all public parks, public squares, golf courses, bathing beaches, and play and recreation grounds within the City limits, regardless of ownership and includes all City ballfields and City leased or rented school or private property when the same are being used for recreation. Whenever consistent with the context of this chapter, words in the present, past, or future tenses shall be construed to be interchangeable with each other, and words in the singular number shall be construed to include the plural. -1- copy C. D. PROSECUTION FOR VIOLATION Anyone concerned in the violation of this chapter whether directly committing the act or omitting to do the thing constituting the offense, or who aids or abets the same, is and shall be a principal under the terms of this chapter and shall be proceeded against and prosecuted as such. PENALTY FOR VIOLATION Conviction of a violation of or failure to comply with the provisions of this chapter shall constitute a misdemeanor and shall be punished by to a fme in any sum not exceeding one thousand dollars or imprisonment for a term not exceeding ninety days or to both such fine and imprisonment except for violations- of provisions that constitute gross misdemeanors, conviction of which shall be punished by a fine not to exceed five thousand dollars or imprisonment in jail not exceeding one year, or by both such fine and imprisonment. EXPULSION FROM PARKS 1. In addition to another penalty imposed pursuant to this chapter, the Director may order the expulsion of any person from any park for a period of one to seven days if he or she observes such person; a) Using abusive or disruptive language or engaging in conduct which disrupts a park facility or program. Directing racially offensive remarks at another person. Using tobacco products in an unauthorized area or facility. Causing injury or risk or injury to another person or persons. Causing damage or risk of damage to City property. Violating any provision of this chapter of this code. E. b) c) d) e) t) The Director may order the expulsion of any persons from any park for a period of seven days to one year if such person; a) Has been expelled from the park two or more times in any thirty-day period. Caused injury to another person. Sells, possesses or uses illegal drugs or alcohol. -2- 2. b) c) 4. d) Possesses or uses any weapon. e) Commits more than one violation of this chapter in any thirty-day period. Any order of expulsion under this section shall be in writing and shall be sent by certified mail to the person expelled at his last known address. Any person who enters a park during a period during which he has been expelled under subsection 1 or 2 above is guilty of violating this chapter. 3. F. CLOSING HOURS - UNLAWFUL ENTRY It is unlawful to enter or be in any park during posted hours and in no case between the hours of midnight and five a.m. of any day, unleSl! otherwise permitted by the Director for a special occasion; provided, the Director may establish special park closure hours, for specific parks or areas within parks, if the Director determines that such special park closure hours are necessary or appropriate to protect public property, protect public safety, prevent public nuisances, prevent breaches of the peace or for special events. Special park closure hours shall be indicated by appropriate signs. G. AGREEMENTS FOR USE OF PARK The City Council may from time to time authorize the Director of Parks and Recreation to enter into an agreement or agreements on behalf of the city, the agreements not to exceed one year in duration, with any nonprofit group, organization or association to provide for the use of park ballfields or other similar facilities for organized or league sports, by such nonprofit group, organization or association. Such agreements shall specify the conditions under which such group, organization or association may use ballfields or facilities in organized or league activities and in connection therewith may include special provisions and regulations by which such nonprofit group, organization or association may post signs advertising league sponsors or supporters, may use loudspeakers in connection with and during league activities, may sell refreshments or operate concession stands in connection with and during league activities, and may add fill material to ballfields for use in wet weather. Such agreements may authorize such nonprofit group, organization or association to charge reasonable admission fees to league games or activities. Nothing in this chapter shall be construed to prevent any such agreement or agreements. -3- H. 2. A. B. AGREEMENTS FOR ATHLETIC. RECREATIONAL FACILITIES AND ACTIVITIES 1. The Director shall have authority to establish fees for the use of City athletic and recreational facilities and for participation in City parks and recreational activities; provided, that such fees shall be based on the policies set forth below. The policies for setting fees authorized by this chapter are as follows: a) It is the policy of the City to finance through its tax base a reasonable balance of parks and recreation services that meet the needs of the general citizenry. This financing 2. should be directed to assure the overall administration and coordination of leisure services and for the provision of parks, open space, landscapes, parks improvements, recreation facilities, and their adequate maintenance. b) As' it relates to recreation activities, the City, through user fees and charges, may charge.an amount to cover direct program costs for labor, leadership, supplies, materials, and service charges that benefit identifiable and specific groups, i.e., enrichment classes, sports leagues. c) When unusual or hardship circumstances apply, the City may make some compensatory efforts to support special service needs, i.e., handicapped. d) When the operation of facilities require special operational costs involving materials, supplies, leadership attendance and services (i.e., swimming pool, boat launch, community center) user fees will be appropriate. The fee amount will take into consideration the goal of making the facility self-supporting ANIMALS DOGS AT LARGE It is unlawful to allow or permit any dog to run at large in any park or to enter any lake, pond, fountain, or stream therein. PETS ON CITY PARK FACILITIES 1) Dogs, pets, or domestic animals are not permitted on any designated swimming beach, or play areas in any park or in any park building unless specifically permitted by posting, ~; that this section shall not apply to seeing eye dogs. In permissible areas, dogs or other pets or domestic animals must be kept on a leash no greater than eight feet in length, and under control at all times. 2) -4- D. 4. 5. 6. 3) Any person whose dog or other pet is in any park area shall be responsible for the conduct of the animal and for removing feces deposited by such animal from the park area. C. MOLESTING OR FEEDING ANIMALS It is unlawful in any manner to purposely tease, annoy, disturb, molest, catch, injure or kill or to throw any stone or article of any kind at or strike with any stick or weapon any animal, bird, fowl or fish within a park, or to feed any fowl, fish or animal within any park. FEEDING OF WILDLIFE It is unlawful for any person to leave, place or distribute foodstuffs of any kind or nature in any park, with an intent to feed wildlife. 3. AIRCRAFT No aircraft shall land or take off from any body of water or any area in a park area, except aircraft used to transport injured persons, evacuees, medical personnel, or public officials in the event of an accident, disaster or emergency. ALCOHOLIC BEVERAGES PROHIBITED It is unlawful for any person to use or possess any alcoholic beverage in a park, including unopened beverage containers, provided this prohibition shall not apply to organized groups which have secured a permit from the Director and, if required, from the State Liquor Control Board. BOATS AND OTHER WATERCRAFT It is unlawful to have, keep or operate any boat, float, raft or other watercraft in or upon any slough, river or creek within the limits of any park, or to land the same at any point upon the shores thereof bordering upon any park, except at places set apart for such purposes by the Director and so designated by signs and except in a case of an emergency. CAMPING It is unlawful to camp in any park except at places which may be set aside for such purposes by the Director and so designated by signs. -5- B. 7. CIRCUS. CARNIVAL OR EXHIBmONS It is unlawful to hold, operate or conduct a circus, carnival, or traveling exhibition in any park without a written permit from the Director. 8. CONCESSIONS It is unlawful to sell refreshments or merchandise in any park without the written permission of the Director or a concession contract with the city. 9. A. CONDUCT PROHIBITED DISORDERLY CONDUCT A person is guilty of disorderly conduct in a park if he or she: 1) Uses abusive language and thereby intentionally creates a risk of assault; or 2) Intentionally disrupts any lawful assembly or meeting of persons without authority; or 3) Intentionally obstructs vehicular or pedestrian traffic without lawful authority; or 4) Intentionally and without lawful authority makes noise which unreasonably disturbs others; or 5) Intentionally engages in any conduct which tends to or does disturb the public peace, provoke disorder, or endanger the safety of others. 6) Challenges another person to fight, or fights by agreement; except as part of an organized athletic event. UNLAWFUL PUBLIC EXPOSURE 1) It is unlawful for any person to intentionally commit any act constituting unlawful public exposure of his person or the person of another. Unlawful public exposure is a misdemeanor, unless such person exposes himself/herself to a person under the age of 2) 14 years, in which the offense is a gross misdemeanor. "Unlawful public exposure" means: a) A public exposure of any portion of the human anus or genitals; or b) A public exposure of any portion of the female breast lower than the upper edge of the areola; or A public exposure consisting of touching, caressing or fondling of the male or female genitals or female breasts, whether clothed or unclothed; or c) -6- 12. A. B. d) A public exposure consisting of masturbation, or of urination or defecation in a place other than a restroom. 10. ~ It is unlawful to build any fire in any park except in an area designated and so posted by the Director. 11. FIREARMS AND FIREWORKS Firearms, fireworks, bows, arrows and sling shots are prohibited in any park. It is unlawful to shoot, fire or explode any firearms, fireworks, firetracker, torpedo or explosive of any kind or carry any firearms or to shoot or fire any air gun, bows, and arrows, BB gun or use any slingshot in any park; provided, the Director of parks may issue permits for use of safe and sane fireworks in specified areas where fire hazards will not be increased and where the use of the fueworks will be under proper supervision, and fireworks displays may be permitted by the Director; provided further, this section shall not prevent establishment in any park of a properly designed archery course, upon receipt or permission from the Director. FISH GAME FISH All laws, rules and regulations of the State Game Commission relating to season, limits and methods of fishing are applicable to fishing for game fish in Federal Way park areas. No person may fish for, or possess any fish taken from any dam, dike, bridge, dock, boatlanding, or beach, which is posted with a sign prohibiting fishing. SHELLFISH AND FOOD FISH All laws, rules and regulations of the State Department of Fisheries relating to season, limits, and methods of taking, are applicable to the taking of shellfish or food fish in park areas, and in addition to such laws, the Director may, upon its finding and for good cause, close certain park areas to the taking of shellfish for specific periods of time. Such closed areas shall be posted with appropriate signs. -7- 13. 14. 15. 16. 17. GAMES AND SPORTS It is unlawful to practice or play golf, baseball, softball, football, archery, hockey, tennis, badminton or other games of like character or to hurl or propel any airborne or other missile in such a manner as to interfere with other park users. LOITERING Loitering is prohibited in restrooms and bathhouses in park and recreation facilities. MEETINGSIRELIGIOUS AND POLmCAL It is unlawful to organize and hold any religious or political meetings or other assembly within a park without first obtaining a written permit from the Director. Such permit shall be issued upon application but may be conditioned as to the time and place of holding such meeting or assembly so as not to unreasonably interfere with other lawful activities within the park. Such conditions may be appealed to the City Council is the applicant feels such conditions to be unreasonable. MODEL AIRCRAFT. BOATS. HYDROPLANES AND OTHER MOTORIZED MODELS A) No person shall fly rockets or model aircraft in any park area except in areas specifically designated and/or posted for that purpose and or having first obtained a permit from the Director. B) All engines over .25 cubic inches used in model aircraft being flown in designated park area shall be muffled; All persons flying model aircraft in designated park areas shall abide by the Official Academy of Model Aeronautics Safety Code; All persons desiring to shoot model rockets in a park area shall obtain a permit to do so from the Director. C) D) PARK PROPERTYIREMOVAL OR DESTRUCTION It is unlawful to wilfully remove, destroy, mutilate, or deface any structure, monument, statue, fountain, wall, fence railing, vehicle, bench, shrub, tree, lawn or grass, plant, flower, lighting system or sprinkling system or other property lawfully in any park or ballfield. No foreign matter, such as sawdust or sand, may be added to any field in order to use the field in wet weather without the consent of the Director. -8- 20. 21. A. 22. 18. PEDDLER/LOUDSPEAKER It is unlawful to be in any park or to act as a peddler, or to operate or use any loudspeaker in any park without a written permit from the Director. 19. PARK SCHEDULING. PERMITS AND FEES Park and recreation facilities are available for public use whenever possible. First priority, however, for park usage will be given to City sponsored programs. Reservations or scheduling for use of indoor and outdoor facilities is required for any community, special or private events involving more than routine use of a park, and is done by contacting the Recreation Division of the Parks, Recreation and Human Services Department and completing the appropriate application forms. Applicable user fees must be paid before the picnic, special . use or rental permit will be issued. PEDESTRIAN RIGHT OF WAY At all times and at all locations within any park, pedestrians shall enjoy the right of way over any motorized or unmotorized vehicle, bicycle, tricycle, animal, skates, or skateboard. REFUSE REFUSE DEPOSIT It is unlawful to throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk or advertising matter in any park or to deposit any such material therein, except in designated receptacles; provided, however, that it is further unlawful to deposit in such designated litter receptacles or elsewhere within a park any refuse, litter or other trash collected at the home, business, or other dwelling of any person and intentionally brought to the park solely for the purpose of disposing of such refuse, litter or trash. RIDING VEmCLES OR ANIMALS It is unlawful to ride or drive any bicycle, motor vehicle, horse or pony over or through any park except along and upon the park drives, parkways, park boulevards and/or appropriately marked paths; or at a speed in excess of fifteen miles per hour; or to stand or park any vehicle except in areas designated and posted by the Director. Any car parked in an area not designated by the Director for parking, or otherwise parked in violation of this chapter or in such a way -9- 25. 26. 27. 28. as to obstruct traffic, or any car which is apparently abandoned in any park, may be summarily removed and impounded upon order of the Director. 23. SIGNPOSTING It is unlawful to place or erect any signboard, sign, billboard, or device of any kind for advertising or any other sign or decoration in any park without the prior consent of the Director. It is unlawful to place or erect any structure of any kind in any park. 24. SKATEBOARDING. BICYCLING AND SKATING No person shall ride, drive, or operate any bicycle, sltates, or skateboard in any area within any park where such activity is prohibited by means of posted notice, The Park Director is authorized to place the appropriate notice or notices at such times, and/or with such areas, of any park which shall make it unlawful to ride, drive or operate any bicycle, skates, or skateboard within such designated areas, according to the posted notice. SMOKING No smoking is allowed in any public building except in areas so designated by sign or posting. SWIMMING A) Park swimming areas are marked with buoys, log booms, or other markers, clearly designating the boundaries of such areas. Swimming shall be permitted only within these areas. B) No person shall swim, sunbathe, or scuba dive in any designated boat launching area. SOUND AMPLIFICATION EOUIPMENT PROHIBITED It is unlawful for any person to use, operate, or play or permit to be used, operated or played in any park, any radio, tape player, television, musical instrument, record player or any other machine or device producing or reproducing sound at a volume that is audible at a distance of over 50 feet therefrom, except pursuant to a permit issued by the Director. TRAil.. USE A) No person shall travel on a trail at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with others who are complying with the law and using reasonable care. -10- Travel at speeds in excess of 15 miles per hour shall constitute in evidence a prima facie presumption that the person violated this section. B) No person shall travel on a trail in a negligent manner. For the purposes of this section"travel on a trail in a negligent manner" shall be construed to mean any form of travel on a trail in such a manner as to endanger or be likely to endanger any persons or property. C) For the purposes of this section "travel" shall be construed to include all forms of movement or transportation on a trail, including but not limited to foot, bicycle, horse, skateboard, and rollerskates. D) Every person traveling on a trail shall obey the instructions of any official traffic control device applicable thereto placed in accordance with applicable laws unless otherwise directed by a police officer. E) Every person who shall use or travel on a trail shall obey the Model Trail User Code of Conduct. F) Model Trail User Code of Conduct 1. USING A TRAIL. Every person using a trail shall stay as near to the right side of the trail as is safe, excepting those movements necessary to prepare to make or make turning movements, or while overtaking and passing another user moving in the same direction. 2. REGARD FOR ANOTHER TRAIL USER. Every user shall exercise due care and caution to avoid colliding with any other trail user. All users shall travel in a consistent and predictable manner. 3. GROUPS ON TRAIL. No group of trail users, including their animal(s), shall occupy more than one half of the trail as measured from the right side, so as to impede the normal and reasonable movement of trail users. 4. AUDffiLE SIGNAL WHEN PASSING. Every user shall give an audible warning signal before passing another trail user. The signal must be produced in such a manner as to allow adequate time for response. The signal may be given by voice, bell or horn. 5. OVERTAKING TRAIL USERS ON THE LEFT. Any trail user overtaking another trail user proceeding in the same direction shall pass to the left of such overtaken user at a safe distance, and shall stay to the left until safely clear of the overtaken user. 6. ENTERING AND CROSSING TRAIL. Trail users entering or crossing the trail at uncontrolled points shall yield to traffic on the trail. -11- 7. LIGHTS ON TRAIL USERS. All bicyclists using the trail from one-half hour before sunset to one-half hour before sunrise shall equip their bicycles with a headlight visible 500 feet to the front, and a red or amber light visible 500 feet to the rear. 29. TRIALS AND COMPETITIONS It is unlawful to engage in, conduct or hold any trials or competitions for speed endurance, or hill climbing involving any vehicle, boat, aircraft or animal in any park. SECTION 2. SEVERABILITY If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 3. EFFECTIVE DATE This ordinance shall take affect five days after its passage and publication as provided by law. SECTION 4. RATIFICATION Any act consistent with the authority and prior to the effective date of tho ~dinance is hereby ratified and affmned. PASSED by the City Council of the City of Federal Way this r"nl1"TV , 1991. 8th day of ~Of Federal "JÞ.Y ~ þ/7 ~ ~~2?Þ Mayor, Debra Ertel .fièstj Authenticated;- ~a~S '~ iff lerk, Maureen Swan¡. -12- Filed with City Clerk: Januarv 4. 1991 Passed by City Council; Januarv 8. 1991 Published: January 11, 1991 Effective Date: January 16, 1991 Ordinance Number: 91-82 -13-