Ord 01-396
ORDINANCE NO. 01-396
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING ARTICLE III TO
CHAPTER 11 OF THE FEDERAL WAY CITY CODE, PARK
REGULATIONS (Amending Ordinance No. 91-82,)
WHEREAS, the City of Federal Way is a non-charter code under the laws of the
State of Washington and has such as the power to enact ordinance for the protection of the
public health, safety and general welfare and for other purposes, and
WHEREAS, in 1991 the City Council of Federal Way established a park system, as
codified in Chapter 11 of the Federal Way City Code; and
WHEREAS, the use of the City's parks and the expansion of types of usage
continues to rise; and
WHEREAS, the City Council finds that it is in the best interest of the citizens to
amend Chapter 11 of the Federal Way City Code; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDREAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Article III, Section 11-51 Chapter 11, Park Regulations of the Federal
Way City Code is hereby amended to provide as follows:
11-51 Definitions.
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
t~[PY
Director shall mean the city director of parks and recreation or a
designated employee of the parks department.
Park shall mean and include 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 balHieIàs sports fields and city leased or rented
school or private property when the same are being used for recreation. (Ord. No.
91-82, § 1(1)(B), 1-8-91)
Section 2. Article ITI, Section 11-55 Chapter II, Park Regulations of the Federal
Way City Code is hereby amended to provide as follows:
II-55 Expulsion from parks.
(a) In addition to another penalty imposed pursuant to this article, the
director may order the expulsion of any person ITom any park for a period of one
to seven days ifhe or she observes such person:
(1) Using abusive or disruptive language or engaging in conduct
which disrupts a park facility or program.
(2) Directing racial, ethnic or otherwise offensive remarks at
another person.
(3) Using tobacco products in an unauthorized area or facility.
(4) Causing injury or risk of injury to another person or persons.
(5) Causing damage or risk of damage to city property.
(6) Violating any provision of this article.
(b) The director may order the expulsion of any persons ITom any park for
a period of seven days to one year if such person:
(1) Has been expelled ITOm the park two or more times in any 30-
day period.
(2) Caused injury to another person.
(3) Sells, possesses or uses illegal drugs or alcohol.
(4) Possesses or uses any weapon.
(5) Commits more than one violation of this article in any twelve
consecutive month period.
(c) 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.
(d) Any person who enters a park during a period during which he or she
has been expelled under subsection (a) or (b) of this section is guilty of violating
this article. (Ord. No. 91-82, § 1(1)(E), 1-8-91)
Section 3. Article III, Section 11-57 Chapter 11, Park Regulations of the Federal
Way City Code is hereby amended to provide as follows:
11-57 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 perform field maintenance activities. Such agreements may
authorize such nonprofit group, organization or association to charge reasonable
admission fees to league games or activities. Nothing in this article shall be
construed to prevent any such agreement or agreements. (Ord. No. 91-82, §
1(1)(G), 1-8-91)
Section 4. Article III, Section 11-51 Chapter 11, Park Regulations of the Federal
Way City Code is hereby amended to provide as follows:
11-60 Pets on city park facilities.
(a) 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, provided this section shall not apply to
seeing-eye dogs.
(b) 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.
(c) 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.
(d) The Director is authorized to approve dogs offIeash for dog training
programs or special events. (Ord. No. 91-82, § 1(2)(B), 1-8-91)
Section 5. Article 1lI, Section II-51 Chapter 11, Park Regulations of the Federal
Way City Code is hereby amended to provide as follows:
11-61 Capturing, Molesting or feeding animals.
It is unlawful in any manner to capture, 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.
(a) The use of any trapping device as defined in RCW 77.15.190 or
RCW 77.15.194, or hereafter amended, within any City park is prohibited.
The act of capturing an animal, by other lawful means is prohibited. It is
provided, however, this section shall not apply to authorized pest abatement
actions of City personnel or its contractors for the purpose of public health
and safety. (Ord. No. 91-82, § 1(2)(C), 1-8-91)
Section 6. Article 1II, Section 11-69 Chapter 11, Park Regulations of the Federal
Way City Code is hereby amended to provide as follows:
11-69 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;
(2) Intentionally disrupts any lawful assembly or meeting of persons
without authority;
(3) Intentionally obstructs vehicular or pedestrian traffic without lawful
authority;
(4) Intentionally and without lawful authority makes noise which
unreasonably disturbs others;
(5) Intentionally engages in any conduct which tends to or does disturb the
public peace, provoke disorder or endanger the safety of others; or
(6) Challenges another person to fight, or fights by agreement, except as
part of an organized athletic event.
(7) Fails to leave a park when directed to do so by a City of Federal Way
Parks employee or a police officer. (Ord. No. 91-82, § 1(9)(A), 1-8-91)
Section 7. Article III, Section 11-70 Chapter II, Park Regulations of the Federal
Way City Code is hereby amended to provide as follows:
11-70 Unlawful public exposure.
(a) It is unlawful for any person to intentionally conunit any act
constituting unlawful public exposure of his or her person or the person of
another. Unlawful public exposure is a misdemeanor, unless such person exposes
himself or herself to a person under the age of 14 years, in which the offense is a
gross misdemeanor.
(b) For the purposes of this section, the phrase "unlawful public exposure"
means:
(I) A public exposure of any portion of the human anus or genitals;
(2) A public exposure of any portion ofthe female breast lower
than the upper edge of the areola;
(3) A public exposure consisting of touching, caressing or fondling
of the male or female genitals or female breasts, whether clothed or
unclothed;
(4) A public exposure consisting of masturbation
(5) A public urination or defecation in a place other than a
restroom. (Ord. No. 91-82, § 1(9)(B), 1-8-91)
Section 8. Article ill, Section 11-51 Chapter 11, Park Regulations of the Federal
Way City Code is hereby amended to provide as follows:
11-75 Games and sports.
It is unlawful to practice or play, baseball, softball, football, , hockey,
tennis, badminton or other games oflike character or to hurl or propel any
airborne or other object in such a marmer as to interfere with or put at risk other
park users.
(a) It is unlawful to practice or play golf or archery in any City
park, unless authorized by the Director. (Ord. No. 91-82, § 1(13), 1-8-91)
Section 9. Article llI, Section 11-80 Chapter 11, Park Regulations of the Federal
Way City Code is hereby amended to provide as follows:
11-80 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 by the City.
(a)Qperate or use any loudspeaker in a park,
(b) Operating a fixed or mobile concession traveling exhibition
(t)Soliciting, selling, offering for sale, peddling or vending any
goods or services
(d) Advertising any goods or services (Ord. No. 91-82, § 1(18),
1-8-91)
Section 10. Article 1II, Section 11-86 Chapter 11, Park Regulations of the Federal
Way City Code is hereby amended to provide as follows:
11-86 Skateboarding, bicycling, coasters, in-line skates and roller skating.
No person shall ride, drive, or operate any bicycle, coasters, skates 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.
I) Use of skateboards, coasters, in-line skates and roller-skating
may be allowed in a designated skate facility.
(a)No skateboards, coasters, in-line skates and roller skates
shall be ridden in a negligent manner but shall be operated with
reasonable regard for the safety of the operator and other persons.
(b)Bicycles and BMX bikes are not permitted in the
designated skate facility.
(c) Additional ramps, jumps or other elements may not be
brought into any park or any designated skate facility.
(d)No formal contests of any kind shall be held without
prior written approval of the Director.
( e) An adult must accompany skaters under the age of 8
years.
(f) Use of skate park facility is voluntary, users assume
risks and dangers associated and incidental to the skate facility.
(Ord. No. 91-82, § 1(24), 1-8-91)
Section 11. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 12. Effective Date. This ordinance shall take effect and be in force five
(5) days from and after its passage and publication, as provided by law.
19th Day of July
PASSED by the City Council of the City of Federal Way this~ 2001.
CITY OF FEDERAL WAY
~'~~Æ
MAYOR, MIKE P / --
ATTEST:
APPROVED AS TO FORM:
~~.~
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK: 06/12/01
PASSED BY THE CITY COUNCIL: 06/19/01
PUBLISHED: 07/07/01
EFFECTIVE DATE: 07/12/01
ORDINANCE NO. 01-369
ORD# 01-369
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