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
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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
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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
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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
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