Division I. Parks and Public Places1

Chapter 4.05
PARK REGULATIONS2

Sections:

4.05.010    Definitions.

4.05.020    Scope of chapter.

4.05.040    Administration and enforcement.

4.05.045    Traffic regulations.

4.05.050    Expulsion from parks.

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 prohibited.

4.05.150    Boats and other watercraft.

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.

4.05.310    Permits, park scheduling, 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.

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.

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.

“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 16 inches or more in diameter, or three wheels, any one of which is more than 20 inches in diameter.

“Dawn” means 30 minutes before sunrise.

“Director” means the director of the parks and recreation department 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 750 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 20 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 20 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 pedaling and ceases to provide assistance when the bicycle reaches the speed of 28 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 this chapter, vehicles operated in parks or on trails with the permission of the parks director, including police, emergency, or maintenance vehicles, are not considered motor vehicles.

“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.

“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 aircraft” means a motorized aircraft that does not carry a person, including drones; “motorized” includes electric, combustion and pressurized motors.

(Ord. No. 21-914, § 2, 6-1-21; Ord. No. 09-617, § 1, 6-16-09; Ord. No. 09-593, § 2, 1-6-09; Ord. No. 01-396, § 1, 7-3-01; Ord. No. 91-82, § 1(1)(B), 1-8-91. Code 2001 § 11-51.)

4.05.020 Scope of chapter.

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.

(Ord. No. 91-82, § 1(1)(A), 1-8-91. Code 2001 § 11-52.)

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.

(Ord. No. 21-914, § 3, 6-1-21; Ord. No. 09-597, § 24, 1-6-09; Ord. No. 04-464, § 4, 9-21-04; Ord. No. 99-342, § 8, 5-4-99; Ord. No. 91-82, § 1(1)(D), 1-8-91. Code 2001 § 11-54.)

4.05.045 Traffic regulations.

Traffic regulations under FWRC Title 8, Traffic and Vehicles, that apply to public roadways shall apply throughout any park 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 city business.

(2) It is unlawful to bring a vehicle into a park without a permit 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 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 as to obstruct traffic, or any car that is apparently abandoned in any park, may be summarily removed and impounded upon order of the director or designee.

(Ord. No. 21-914, § 4, 6-1-21.)

4.05.050 Expulsion from parks.

(1) In addition to any penalty imposed pursuant to this chapter, the director or designee may order the expulsion of a 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.

(g) 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.

(2) The director or designee may order the expulsion of a 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.

(c) Sells, possesses or uses alcohol or illegal drugs on city park property.

(d) Possesses or uses any weapon on city park 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 Federal 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.

(Ord. No. 21-914, § 5, 6-1-21; Ord. No. 09-597, § 25, 1-6-09; Ord. No. 07-572, § 5, 12-4-07; Ord. No. 01-404, § 1, 10-2-01; Ord. No. 01-396, § 2, 7-3-01; Ord. No. 91-82, § 1(1)(E), 1-8-91. Code 2001 § 11-55.)

4.05.060 Closing hours – Unlawful entry.

It is unlawful to enter or be in any park during park 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 FWRC 4.05.050.

(Ord. No. 21-914, § 6, 6-1-21; Ord. No. 09-617, § 2, 6-16-09; Ord. No. 91-82, § 1(1)(F), 1-8-91. Code 2001 § 11-56.)

4.05.070 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 chapter shall be construed to prevent any such agreement or agreements.

(Ord. No. 01-396, § 3, 7-3-01; Ord. No. 91-82, § 1(1)(G), 1-8-91. Code 2001 § 11-57.)

4.05.080 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.

(2) 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 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.

(Ord. No. 91-82, § 1(1)(H), 1-8-91. Code 2001 § 11-58.)

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 therein except in designated off-leash dog areas.

(Ord. No. 21-914, § 7, 6-1-21; Ord. No. 91-82, § 1(2)(A), 1-8-91. Code 2001 § 11-59.)

Cross reference: Animals, FWRC Title 9.

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 area in any park or in any park building unless specifically permitted by posting. This section shall not apply to ADA-authorized service animals.

(2) 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.

(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.

(Ord. No. 21-914, § 8, 6-1-21; Ord. No. 06-530, § 3, 8-1-06; Ord. No. 01-396, § 4, 7-3-01; Ord. No. 91-82, § 1(2)(B), 1-8-91. Code 2001 § 11-60.)

Cross reference: Animals, FWRC Title 9.

4.05.110 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.

(1) The use of any trapping device as defined in RCW 77.15.190 or 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. 01-396, § 5, 7-3-01; Ord. No. 91-82, § 1(2)(C), 1-8-91. Code 2001 § 11-61.)

Cross reference: Animals, FWRC Title 9.

4.05.120 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.

(Ord. No. 91-82, § 1(2)(D), 1-8-91. Code 2001 § 11-62.)

4.05.130 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.

(Ord. No. 91-82, § 1(3), 1-8-91. Code 2001 § 11-63.)

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 Washington State Liquor and 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.

(Ord. No. 21-914, § 9, 6-1-21; Ord. No. 01-388, § 1, 5-15-01; Ord. No. 91-82, § 1(4), 1-8-91. Code 2001 § 11-64.)

4.05.145 Drug use prohibited.

Drug use is prohibited. No person, while in a park, shall possess, sell, distribute, cultivate, consume by mouth, inhalation or injection, a controlled substance, except with a prescription and in compliance with state and local law.

(Ord. No. 21-914, § 10, 6-1-21.)

4.05.150 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.

(Ord. No. 91-82, § 1(5), 1-8-91. Code 2001 § 11-65.)

4.05.170 Circus, carnival or exhibitions.

It is unlawful to hold, operate or conduct a circus, carnival or traveling exhibition in any park without a written permit from the director.

(Ord. No. 91-82, § 1(7), 1-8-91. Code 2001 § 11-67.)

Cross reference: Licenses and business regulations, FWRC Title 12.

4.05.180 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.

(Ord. No. 91-82, § 1(8), 1-8-91. Code 2001 § 11-68.)

Cross reference: Licenses and business regulations, FWRC Title 12.

4.05.210 Fires.

It is unlawful to build any fire in any park except in an area designated and so posted by the director.

(Ord. No. 91-82, § 1(10), 1-8-91. Code 2001 § 11-71.)

Cross references: Reckless burning, FWRC 6.60.010.

4.05.220 Fireworks, explosives, and projectile weapons.

The possession or use of fireworks, bows, arrows, airguns, explosives of any kind, and sling-shots is prohibited in any park. The director of parks may issue permits for fireworks displays and the use of safe fireworks in specified areas where fire hazards will not be increased, where the use of the fireworks will be under proper supervision, and where the provisions of Chapter 12.55 FWRC are met. This section shall not prevent establishment in any park of a properly designed archery course, pursuant to the requirements of the director.

(Ord. No. 09-601, § 32, 1-6-09; Ord. No. 91-82, § 1(11), 1-8-91. Code 2001 § 11-72.)

Cross references: Crimes relating to firearms and dangerous weapons, Chapter 6.25 FWRC; regulations regarding fireworks, Chapter 12.55 FWRC.

4.05.230 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 park areas. No person may fish for, or possess any fish taken from any dam, dike, bridge, dock, boat landing or beach which is posted with a sign prohibiting fishing.

(Ord. No. 91-82, § 1(12)(A), 1-8-91. Code 2001 § 11-73.)

4.05.240 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.

(Ord. No. 91-82, § 1(12)(B), 1-8-91. Code 2001 § 11-74.)

4.05.250 Games and sports.

It is unlawful to practice or play baseball, softball, football, hockey, tennis, badminton, flying disc, 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.

(Ord. No. 21-914, § 12, 6-1-21; Ord. No. 01-396, § 8, 7-3-01; Ord. No. 91-82, § 1(13), 1-8-91. Code 2001 § 11-75.)

4.05.270 Meetings – Religious and political.

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 if the applicant feels such conditions to be unreasonable.

(Ord. No. 91-82, § 1(15), 1-8-91. Code 2001 § 11-77.)

4.05.280 Model rockets, boats, hydroplanes and unmanned aircraft.

(1) No person shall use model rockets, boats, hydroplanes or remote-controlled 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 areas 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 launch model rockets in a park area.

(Ord. No. 21-914, § 13, 6-1-21; Ord. No. 91-82, § 1(16), 1-8-91. Code 2001 § 11-78.)

4.05.290 Removal or destruction of park property.

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.

(Ord. No. 91-82, § 1(17), 1-8-91. Code 2001 § 11-79.)

4.05.300 Peddlers.

It is unlawful to perform the following activities in a park without a written permit or concession contract or a special events contract with the city:

(1) Operating a fixed or mobile concession traveling exhibition;

(2) Soliciting, selling, offering for sale, peddling or vending any goods or services;

(3) Advertising any goods or services.

(Ord. No. 21-914, § 14, 6-1-21; Ord. No. 01-396, § 9, 7-3-01; Ord. No. 91-82, § 1(18), 1-8-91. Code 2001 § 11-80.)

4.05.310 Permits, park scheduling, and fees.

Park and recreation facilities are available for public use whenever possible. First priority 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 or private event involving more than routine use of a park. Reservations or scheduling will be through written application to the recreation division of the parks and recreation department. Applicable user fees must be paid before a 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 parking lots, or to any event conducted on park property without a permit that expressly permits charging such admission.

(Ord. No. 21-914, § 15, 6-1-21; Ord. No. 91-82, § 1(19), 1-8-91. Code 2001 § 11-81.)

4.05.320 Pedestrian right-of-way.

At all times and at all locations within any park, pedestrians shall enjoy the right-of-way over any animal and over any motorized or unmotorized vehicle, bicycle, foot scooter, tricycle, skates or skateboard.

(Ord. No. 04-464, § 2, 9-21-04; Ord. No. 91-82, § 1(20), 1-8-91. Code 2001 § 11-82.)

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.

(3) It is unlawful to possess or use pinatas or water balloons in any park.

(Ord. No. 21-914, § 16, 6-1-21; Ord. No. 02-428, § 1, 11-19-02; Ord. No. 91-82, § 1(21)(A), 1-8-91. Code 2001 § 11-83.)

Cross reference: Solid waste, FWRC Title 11, Division II.

4.05.340 Riding vehicles or animals.

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.

(Ord. No. 21-914, § 17, 6-1-21; Ord. No. 04-464, § 3, 9-21-04; Ord. No. 93-183, § 1, 8-3-93; Ord. No. 91-82, § 1(22), 1-8-91. Code 2001 § 11-84.)

Cross references: Traffic and vehicles, FWRC Title 8; animals, FWRC Title 9.

4.05.350 Signposting.

(1) 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 obtaining an issued permit.

(2) It is unlawful to place or erect any structure of any kind in any park.

(Ord. No. 21-914, § 18, 6-1-21; Ord. No. 91-82, § 1(23), 1-8-91. Code 2001 § 11-85.)

Cross reference: Signs, Chapter 19.140 FWRC.

4.05.360 Skateboards, bicycles, coasters, in-line skates, roller skates, and motorized foot scooters and similar devices.

(1) Bicycles, coasters, skates and skateboards. No person shall ride, drive, or operate any bicycle, coaster, skates or skateboard in any area within any park where such activity is prohibited by means of posted notice. The park director, or his or her designee, 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.

(2) Designated skate facility. Use of skateboards, coasters, in-line skates and roller skates 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 eight years.

(f) Use of a skate park facility is voluntary; users assume risks and dangers associated and incidental to the skate facility.

(3) Motorized foot scooters and similar devices. It is unlawful for any person to operate or ride a motorized foot scooter or similar device, as defined in Chapter 8.20 FWRC, upon any city park property, including sidewalks, streets, paths, trails and similar travel ways, unless specifically marked as being allowed. Where specifically allowed, they must be ridden in compliance with the regulations and subject to the penalties located in Chapter 8.20 FWRC. The restriction stated in this subsection does not apply to a motorized foot scooter or similar device when that device is operated by a person with a mobility impairment caused by a physical disability who uses that device to enhance that person’s mobility.

(Ord. No. 04-464, § 5, 9-21-04; Ord. No. 01-396, § 10, 7-3-01; Ord. No. 91-82, § 1(24), 1-8-91. Code 2001 § 11-86.)

Cross reference: Bicycles, Chapter 8.25 FWRC.

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 vaping 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, playgrounds, athletic fields, or spectator areas during athletic events, or within concession areas.

(Ord. No. 21-914, § 19, 6-1-21; Ord. No. 91-82, § 1(25), 1-8-91. Code 2001 § 11-87.)

Cross reference: Smoking in city buildings, Chapter 4.10 FWRC.

4.05.380 Swimming.

(1) 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.

(2) No person shall swim, sunbathe or scuba dive in any designated boat launching area.

(Ord. No. 91-82, § 1(26), 1-8-91. Code 2001 § 11-88.)

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, loudspeaker, 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.

(Ord. No. 21-914, § 20, 6-1-21; Ord. No. 91-82, § 1(27), 1-8-91. Code 2001 § 11-89.)

Cross references: Noise, Chapter 7.10 FWRC.

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 nonmotorized vehicle use, including bicycles and all classes of electric-assisted bicycles, but closed to all motor vehicles.

(6) 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 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.

(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.

(Ord. No. 21-914, § 21, 6-1-21; Ord. No. 91-82, § 1(28), 1-8-91. Code 2001 § 11-90.)

4.05.410 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, except pursuant to a permit issued by the director.

(Ord. No. 99-351, § 1, 11-2-99; Ord. No. 91-82, § 1(29), 1-8-91. Code 2001 § 11-91.)


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Cross references: Parks and recreation commission, Chapter 2.85 FWRC; streets and sidewalks, FWRC Title 4, Division II; firearms prohibited in certain public places, FWRC 6.25.040; methods to mitigate development impacts, Chapter 19.100 FWRC.


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Cross references: Appeal procedure, Chapter 1.25 FWRC; indecent exposure, FWRC 6.45.020; disorderly conduct, FWRC 6.55.010; criminal code, FWRC Title 6.