ORD 21-914 - Updating Park RegulationsORDINANCE NO.21-914
AN ORDINANCE of the City of Federal Way, Washington, updating
parks regulations; amending FWRC 4.05.010, 4.05.020, 4.05.050,
4.05.060, 4.05.090, 4.05.100, 4.05.140, 4.05.250, 4.05.280, 4.05.300,
4.05.310, 4.05.330, 4.05.340, 4.05.350, 4.05.370, 4.05.390, and 4.05.400;
repealing FWRC 4.05.160; and adding new sections 4.05.045 and
4.05.145 to chapter 4.05. (Amending Ordinance Nos. 91-82, 93-183, 01-
388, 01-396, 01-404, 02-428, 04-464, 06-530, 07-572, 09-593, 09-597, and
09-617)
WHEREAS, the Parks Department has the responsibility for the management of the City's
public parks and open spaces; and
WHEREAS, the Parks Department manages over 1,300 acres of developed parks and open
space; and
WHEREAS, the Parks Department has the responsibility to provide for the safety and
enjoyment of all in these spaces; and
WHEREAS, the Parks and Recreation Commission and staff have developed the
amendments to chapter 4.05 of the FWRC proposed in this ordinance to add definitions, consolidate
sections, and to update language that addresses current needs and concerns, which will allow for
better enforcement of Park regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Chapter 4.05 FWRC "Sections" is amended to read as follows:
Sections:
4.05.010
Definitions.
4.05.020
Scope of chapter.
4.05.040
Administration, and enforcement, aHd tFaffie regulations.
4,05.045
Traffic regulations
4.05.050
Expulsion from parks.
Ordinance No. 21-914 Page 1 of 13
4.05.060 Closing hours — Unlawful entry.
4.05.070 Agreements for use of park.
4.05.080 Agreements for athletic, recreational facilities and activities.
4.05.090 Dogs at large.
4.05.100 Pets on city park facilities.
4.05.110 Capturing, molesting or feeding animals.
4.05.120 Feeding of wildlife.
4.05.130 Aircraft.
4.05.140 Alcoholic beverages prohibited.
4.05.145 Drug Use,
4.05.150 Boats and other watercraft.
-r.
05.160 Camping.
4.05.170 Circus, carnival or exhibitions.
4.05.180 Concessions.
4.05.210 Fires.
4.05.220 Fireworks, explosives, and projectile weapons.
4.05.230 Game fish.
4.05.240 Shellfish and food fish.
4.05.250 Games and sports.
4.05.270 Meetings — Religious and political.
4.05.280 Model rockets, boats, hydroplanes and unmanned
aircraft.
4.05.290 Removal or destruction of park property.
4.05.300 Peddlers — Use of loudspeakers.
4.05.310 Permits, Ppark scheduling, permits and fees.
4.05.320 Pedestrian right-of-way.
4.05.330 Refuse and/or storage of personal property.
4.05.340 Riding vehicles or animals, and Mlle, l pai-khig
4.05.350 Signposting.
4.05.360 Skateboards, bicycles, coasters, in -line skates, roller skates, and motorized foot
scooters and similar devices.
4.05.370 Smoking.
4.05.380 Swimming.
4; 05.390 Sound amplification equipment prohibited.
4.05.400 Trail use.
4.05.410 Trials and competitions.
Section 2. FWRC 4.05.010 is amended to read as follows:
4.05.010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
Ordinance No. 21-914 Page 2 of 13
otherwise. Terms not defined here are defined according to FWRC 4.03.010 or 1.05.020 in that
order.
"Bicycle" means every device propelled solely by human power_upon which a person or persons may
ride, having two tandem wheels, either of which is sixteen inches or more in diameter, or three
wheels any one of which is more than twenty inches in diameter.
"Dawn" means 30 minutes before sunrise.
"Director" means the director of the Parks and Recreation De artment , and eul
.aepaf4m or a designated employee of that department.
"Drone" means an unmanned aircraft.
"Drug" means a controlled substance as defined in chapter 66.50 RCW.
"Dusk" means 30 minutes after sunset.
"Electric -assisted bicycle" means a bicycle with two or three wheels a saddle, fully operative pedals
for human propulsion, and an electric motor. The electric -assisted bicycle's electric motor must have
a power output of no more than seven hundred fifty watts. The electric -assisted bicycle must meet
the requirements of one of the following three classifications:
(1) "Class 1 electric -assisted bicycle" means an electric -assisted bicycle in which the motor
provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle
reaches the speed of twenty miles per hour•
(2) "Class 2 electric -assisted bicycle" means an electric -assisted bicycle in which the motor may be
used exclusively to propel the bicycle and is not capable of providing assistance when the bicycle
reaches the speed of twenty miles per hour, or
(3) "Class 3 electric -assisted bicycle" means an electric -assisted bicycle in which the motor
provides assistance only when the rider is pedalin and ceases to provide assistance when the bicycle
reaches the speed of twenty-eight miles per hour and is equipped with a speedometer.
"Motor vehicle" means any transportation vehicle or device that is self -powered, whether by an
internal combustion engine or electric motor, including mopeds, motorcycles, go-karts, all -terrain
vehicles and motorized foot scooters but not including electric -assisted bicycles or personal
mobility devices used. by disabled persons. For purposes of tEschapter, vehicles gperated in parks or
on trails with the permission of the Parks Director, including:_ police. emergency_, or maintenance
vehicles are not considered motor vehicles.
"Parr" includes any public park, public square, golf course, bathing beach, or play and recreation
Ordinance No. 21-914 Page 3 of 13
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.
"Trail" means the entire length and width of the paved portions of the Bonneville Power
Administration Trail or any other pathway, track, or right -of --way in a park or recreation area within
the city that has been designated as a trail by the Parks Director. Trails are for recreational and
commuter use.
"Unmanned uirera�t" means motorized aircraft that does not carry a person, including_ drones;
motorized includes electric, combustion and pressurized motors.
Section 3. FWRC 4.05.020 is amended to read as follows:
4.05.040 Administration; and enforcement, .
The director or designee has the authority to adopt rules and regulations to carry out the provisions of
this chapter and has the authority to administer and enforce this chapter and any such rules and
regulations. It is unlawful to violate or fail to comply with any provision of this chapter or any such
rule or regulation. ,
roadways shall apply b
de 9 i g n ffted yf 1.
csw-.
Section 4. Chapter 4.05 of the Federal Way Revised Code is hereby amended to add a new
section 4.05.045 to read as follows:
4.05.045 Traffic regulations.
Traffic regulations under FWRC Title 8, Traffic and Vehicles, that apply to -public roadways shall
Unly throughout any Wk and may be enforced by law enforcement officers or others designated by
law.
1 It is unlawful for a vehicle to be in any park during park closed hours except authorized Cily
business.
(2) It is unlawful to bring a vehicle into a park without a pernlit except for purposes of recreation in
the park.
(3 ) It is unlawful to stand or park any vehicle except in _areas designated and posted for parking by
Ordinance No. 21-914 Page 4 of 13
the director. Any car parked in an area not designated by the director for parking. or otherwise parked
in violation of this cha ter or in such a way as to obstruct traffic, or any car that is apparentl
abandoned in any nark, may be summarily removed and impounded upon order of the director or
designee.
Section 5. FWRC 4.05.050 is amended to read as follows:
4.05.050 Expulsion from parks.
(1) In addition to anynetlr penalty imposed pursuant to this chapter, the director or designee
may order the expulsion of any person from any park for a period of one to seven days if such
person is observed:
(a) Using abusive or disruptive language or engaging in conduct that disrupts a park facility
or program.
(b) Directing ethnic slurs or offensive remarks at another person based on such person's
actual or perceived race or ethnic group, nationality, religion, disability, sex or sexual
orientation.
(c) Using tobacco products in an unauthorized area or facility.
(d) Causing injury or risk of injury to another person or persons.
(e) Causing damage or risk of damage to city property.
(f) Violating any provision of this chapter.
[mil No Person shall urinate or defecate in a public place, other than a functioning water
closet, urinal or toilet.
(h) No person shall loiter in a public_restroom or public.
(2) The director or designee may order the expulsion of any person 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 30-day period.
(b) Causes physical injury to another person.
Ordinance No. 21-914 Page 5 of 13
(c) Sells, possesses or uses alcohol or illegal drugs on city —park property.
(d) Possesses or uses any weapon on ci ark property.
(e) Commits more than one violation of this chapter in any 12-consecutive-month period.
(3) Any order of expulsion under this section shall be in writing and shall be sent by certified
mail to the person expelled at his or her last known address or delivered in person.
(4) The director or designee may forward the written notice of expulsion along with the certified
mail receipt to the depaftmem of publie safielyFederal Way Police Department.
(a) The written notice of expulsion shall be a notice of trespass.
(b) Any person on city park property, in violation of the written notice of expulsion, is in
violation of this chapter and any knowing violation constitutes trespass.
(c) The notice of trespass and expulsion will expire on the date indicated in the written
notice of expulsion.
Section 6. FWRC 4.05.060 is amended to read as follows:
4.05.060 Closing hours — Unlawful entry.
It is unlawful to enter or be in any park during paste 1park closed hours and in no case 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. Any person(s) in a park during closed hours may be expelled_pursuant
to 4_05_050_
Section 7. FWRC 4.05.090 is amended to read as follows:
Ordinance No. 21-914 Page 6 of 13
4.05.090 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 thereim except in designated off leash dog areas.
Section 8. FWRC 4.05.100 is amended to read as follows:
4.05.100 Pets on city park facilities.
(1) Dogs, pets or domestic animals are not permitted on any designated swimming beach, picnic area
or play areas in any park or in any park building unless specifically permitted by posting_, pfevi-ded
tThis section shall not apply to Teeing eye de ADA-authorized service animals.
(2) In permissible areas, dogs or other pets or domestic animals must be kept on a leash no greater
than 208 feet in length, and under control at all times.
(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.
(4) The director is authorized to approve dogs off -leash for dog training programs or special events.
Section 9. FWRC 4.05.140 is amended to read as follows:
4.05.140 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 Sae T iqu^r Conti -el Be.,r Washington
State Liquor & Cannabis Board. A violation of this section shall be subject to the penalties as set
forth in RCW 66.44.100, or hereafter amended, as adopted by reference in FWRC 6.10.010.
Section 10. Chapter 4.05 of the Federal Way Revised Code is hereby amended to add a new
section 4.05.145 to read as follows:
4.05.145 Drug use prohibited.
Drug use is prohibited. No person, while in a park, shall possess, sell, distribute, cultivate, consume
Ordinance No. 21-914 Page 7 of 13
by mouth, inhalation or injection, a controlled substance, except with a prescription and in
compliance with state and local law.
Section 11. FWRC 4.05.160 is hereby repealed in its entirety.
Section 12. FWRC 4.05.250 is amended to read as follows:
4.05.250 Games and sports.
It is unlawful to practice or play baseball, softball, football, hockey, tennis, badminton, flying -di —se
paintball, or other games of like character or to hurl or propel any airborne or other object in such a
manner as to interfere with or put at risk other park users.
(1) It is unlawful to practice or play golf or archery in any city park, unless authorized by the director.
Section 13. FWRC 4.05.280 is amended to read as follows:
4.05.280 Model air-er-aftrockets, boats, hydroplanes and o#fir Is unmanned
aircraft.
(1) No person shall 4yuse model rockets, boats. hydroplanes or remote-controlledefTffo&l 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.
(2) All engines over 0.25 cubic inches used in model aircraft being flown in designated park area
shall be muffled.
(3) All persons flying remote -controlled aircraft in designated park areas shall abide by the
Official Academy of Model Aeronautics Safety Code and Federal Aviation Administration
regulations.
(4) A permit from the director is required to Iaunc1 model rockets in a
park area .
Section 14. FWRC 4.05.300 is amended to read as follows:
4.05.300 Peddlers — Use of loudspeakers.
It is unlawful to perform the following activities in a park without a written permit or concession
contract or a special events contract withby the city:
(2l) Operating a fixed or mobile concession traveling exhibition;
(32) Soliciting, selling, offering for sale, peddling or vending any goods or services;
(43) Advertising any goods or services.
Section 15. FWRC 4.05.310 is amended to read as follows:
4.05.310 Permits, Ppark scheduling, stand fees.
Park and recreation facilities are available for public use whenever possible. First priority,-h
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 event involving more
than routine use of a park. Reservations or scheduling will: and be deriethraugh written application
to the recreation division of the park's, reet!eatie , and hufnan ref-o,eesParks and
Recreation dDepartment . Applicable user fees
must be paid before thea picnic, special use or rental permit will be issued. Requests must be made at
least 14 days in advance of the event.
(1) With the exception of the City. no person may charge an admission fee to_park property,
including _parkingzlots or to any event Conducted on park property without a permit that expressly
permits charging such admission.
Section 16. FWRC 4.05.330 is amended to read as follows:
4.05.330 Refuse and/or storage of personal property.
(1) 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.
(2) It is unlawful for any person to store personal property, including camp facilities and camp
paraphernalia, in any parks and/or open space areas.
yr "trauma, t r U. I V I I t usc� vJ t,
(3) It is unlawful to possess or use pinatas or water balloons in any park.
Section 17. FWRC 4.05.340 is amended to read as follows:
4.05.340 Riding vehicles or animals, and illegal pnrlizing..
It is unlawful to ride or drive any bicycle, scooter. 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 15 miles per hour;
designa4ed and pes*d by the dir-eeton Any oaf pa4red in an area net designated by !he direct
parkin--,,
order ofthe .i .,ram
Section 18. FWRC 4.05.350 is amended to read as follows:
4.05.350 Signposting.
(11) 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 and obtainin an
issued -permit. h ; _i.,w fW to pl _ e of . �. � cturya f r • _ .a_ • r__
�""3'L"1 ULLUlL Vl any ii yllll S13 Kiyr �;.Sy ll.
(2) It is unlawful to place or erect any structure of any kind in any park.
Section 19. FWRC 4.05.370 is amended to read as follows:
4.05.370 Smoking.
No smoking is allowed in any public building except in areas so designated by sign or posting.
No person shall use any form of tobacco or vQing device in any public place or place of
employment as defined in RCW 70.160.020; within city parks. facilities, or restrooms; or within 50
feet of covered picnic shelters, swimming beaches_ playgounds, athletic fields, or spectator areas
during athletic events, or within concession areas.
Section 20. FWRC 4.05.390 is amended to read as follows:
4.05.390 Sound amplification equipment 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, loud speaker. 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.
Section 21. FWRC 4.05.400 is amended to read as follows:
4.05.400 Trail use.
(1) 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. Travel at speeds in excess of 15 miles per hour shall constitute in
evidence a prima facie presumption that the person violated this section.
(2) 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.
(3) 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, scooter, horse, skateboard, and
roller skates.
(4) 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.
(5) Trails are open to all non -motorized vehicle use. including bicycles and all classes of electric -
assisted bicycles. but closed to all motor vehicles.
(256) Every person who shall use or travel on a trail shall obey the following model trail user code of
conduct:
(a) 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.
(b) 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.
(c) Groups on trail. No group of trail users, including their animals, 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.
(d) Audible signal N-hen 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.
Ordinance No. 21-914 Page 11 of 13
(e) 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.
(f) Entering and crossing trail. Trail users entering or crossing the trail at uncontrolled points
shall yield to traffic on the trail.
(g) 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.
Section 22. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance, 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
ordinance 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 ordinance and each section, subsection,
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 23. 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 24. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 25. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
Ordinance No. 21-914 Page 12 of 13
PASSED by the City Council of the City of Federal Way this 1st day of June, 2021.
CITY OF FEDERAL WAY:
ATTEST:
a
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 05/12/2021
PASSED BY THE CITY COUNCIL: 06/01/2021
PUBLISHED: 06/04/2021
EFFECTIVE DATE: 07/04/2021
ORDINANCE NO.: 21-914
Ordinance No. 21-914 Page 13 of 13