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ORD 09-617 ORDINANCE NO. 09-617 AN ORDINANCE of the City of Federal Way, Washington, relating to park hours; amending FWRC 4.05.010, Definitions; amending FWRC 4.05.060, Closing hours - Unlawful entry; and declaring an emergency. (Amending Ordinance Nos. 09-593, 01-396,91-82) WHEREAS, Federal Way Revised Code ("FWRC") Section 4.05.010 sets forth definitions for Chapter 4.15 FWRC, and FWRC 4.05.060 sets forth the current park closure hours; and WHEREAS, FWRC 4.05.060 currently states that parks are closed from 12:00 a.m. until 5:00 a.m., unless otherwise posted; and WHEREAS, the Parks, Recreation, and Cultural Services Department recommends that parks be closed after dusk, and before 5 :00 a.m. or dawn, whichever is later; and WHEREAS, dawn and dusk need to be defined for easier enforcement; and WHEREAS, there have been an increasing number of complaints from residents regarding people in neighborhood parks after dark but prior to 12:00 a.m.; and WHEREAS, the Police Department is not able to respond to complaints regarding people in the parks late at night until this code amendment is passed or the parks are posted with new closure hours; and WHEREAS, it is more economically sound to change the closure hours for all parks than to post each and every park with the dusk until dawn closure hours; and WHEREAS, during the summer months, there will most likely be an increase in the number of people attempting to stay in the parks after dark, which may lead to increased disturbance of the public peace and potential damage to public property; and Ordinance No. 09-617 Page 1 of4 WHEREAS, the potential adverse impacts on the public health, property, safety and welfare ofthe City and its citizens ifthis Ordinance did not take effect immediately, justify the declaration of an emergency and the designation ofthis ordinance as a public emergency ordinance necessary for the protection of public health, public safety, public property or the public peace by the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 4.05.010 shall be amended to read as follows: 4.05.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 4.03.010 or 1.05.020 in that order. "Dawn" means thirty (0) minutes before sunrise. "Director" means the director of the parks, recreation, and cultural services department or a designated employee of that department. "Dusk" means thirty (30) minutes after sunset. "Park" includes any public park, public square, golf course, bathing beach, or play and recreation ground within the city limits, regardless of ownership; and also includes any city sports field, or any city leased or rented school or private property when being used for recreation. Section 2. FWRC 4.05.060 shall be amended to read as follows: 4.05.060 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 12:00 midnight and 5:00 a.m. after dusk of any day, or before 5:00 a.m. or dawn of any day, whichever is later, unless 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. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or Ordinance No.09-617 Page 2 of 4 phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified ancl affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this 16th day of June 2009. ATTEST: Cat&; ~11~ CITY CLERK, CAR MCN Y, CMC Ordinance No. 09-617 Page 3 of 4 APPROVED AS TO FORM: P~1l ~~ CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 06-19-09 PASSED BY THE CITY COUNCIL: 06-16-09 PUBLISHED: 06-20-09 EFFECTIVE DATE: 06-25-09 ORDINANCE NO.: 09-617 o Ordinance No,09-617 Page 4 of 4