Chapter 12.20
TRAIL USE
Sections:
12.20.020 Public use of trails.
12.20.040 Conditional exemptions.
12.20.060 Violations – Penalty.
12.20.010 Definitions.
“Trails” means all public property designated as a trail including, but not limited to:
(1) The Indian Trail located in the plats of Secoma Beach subdivision Nos. 1, 2, and 3, as recorded in Volume 15, pages 70 and 94, and Volume 16, page 25, book of plats;
(2) All public accesses to, from and across the Indian Trail, including public rights-of-way from existing or future roadway to the trail and public rights-of-way from the trail to the waterfront, which are not designated as street; or
(3) Any right-of-way identified as a trail on the city of Burien trail map as adopted, or subsequently amended, by the Burien city council. [Ord. 143 § 1, 1995]
12.20.020 Public use of trails.
Use of city-owned property designated as trails shall be limited to pedestrian uses only. Operating motorized vehicles or bicycles, parking, equestrian uses, and barricading or impeding pedestrian uses, is prohibited on or across trails. [Ord. 143 § 1, 1995]
12.20.030 Exceptions.
The following uses and activities are exempt from the requirements of this chapter:
(1) Utility work performed by public utilities or licensed contractors; provided, that all required permits are first obtained from the city of Burien including, but not limited to, right-of-way use permits, right-of-way construction permits, street use permits, building permits, utility use permits and/or special use permits.
(2) Actions taken in response to emergencies which threaten the public health and safety, or which pose an imminent risk of damage to property, as long as any activity taken pursuant to this subsection is reported to the department of public facilities and services. The director of public facilities and services shall confirm that an emergency exists and determine what, if any, further action shall be required to protect the health, safety, welfare and environment and to repair any damage.
(3) City approved maintenance activities. [Ord. 143 § 1, 1995]
12.20.040 Conditional exemptions.
(1) The existing driveways located at or serving the following addresses on a regular and/or continuous basis shall be considered legal trail crossings and driving on them shall be permitted subject to requirements of subsections (2) through (5) of this section. The following list is exhaustive, and no additional trail crossings shall be authorized except as authorized by BMC 12.20.030:
(a) 16203 Maplewild Ave SW, Secoma Beach Div. No. 3, Lot 34, 763240-0405;
(b) 16331 Maplewild Ave SW, 252303-9047;
(c) 16343 Maplewild Ave SW, 252303-9039;
(d) 16733 Maplewild Ave SW, Secoma Beach Div. No. 1, Lot 72, 763120-0005;
(e) 16747 Maplewild Ave SW, Secoma Beach Div. No. 1, Lot 74, 262303-9082;
(f) 16759 Maplewild Ave SW, Secoma Beach Div. No. 1, Lot 76, 262303-9002; 16757 Maplewild Ave SW, Secoma Beach Div. No. 1, Lot 75, 763120-0035;
(g) 16901 Maplewild Ave SW, Secoma Beach Div. No. 1, Lot 79A, 763120-0060; 16903 Maplewild Ave SW, Secoma Beach Div. No. 1, Lot 79, 262303-9025; 16767 Maplewild Ave SW, Secoma Beach Div. No. 1, Lot 78, 262303-9024; 16769 Maplewild Ave SW, Secoma Beach Div. No. 1, Lot 78A, 763120-0055;
(h) 16917 Maplewild Ave SW, Secoma Beach Div. No. 1, Lot 81, 262303-9006;
(i) 16931 Maplewild Ave SW, Secoma Beach Div. No. 1, Lot 83, 262303-9006;
(j) 16947 Maplewild Ave SW, Secoma Beach Div. No. 1, Lot 86, 262303-9010; and
(k) 16409 Maplewild Ave SW, Secoma Beach Div. No. 3, Lot 48, 252303-9037.
(2) The driveway shall be maintained by the driveway owner(s) or user(s) at the owner’s or user’s expense, in a manner that does not adversely affect the physical integrity of the trail or the safety of trail users.
(3) The driveway shall not be modified without a building permit or right-of-way use permit, right-of-way construction permit or street use permit issued by the city of Burien.
(4) The driveway owner(s) or user(s) shall perform, at their expense, measures as may be required by the city to preserve any portion of the physical integrity of the trail and protect the safety of trail users.
(5) Upon a finding by the city council that any one or more of the requirements of this section have not been satisfied, proven by the city by a preponderance of the evidence, the authority to drive on or across trails, as set forth in this section, shall be suspended until such times as the city council determines that all of the requirements of this section have been satisfied. [Ord. 434 § 1, 2005; Ord. 158 § 1, 1995; Ord. 143 § 1, 1995]
12.20.050 General conditions.
Construction or grading activity on or to a trail, or on private property abutting the trail that affects the physical integrity of the trail or the safety of trail users, is prohibited unless a building permit and/or a right-of-way use permit, right-of-way construction permit, or street use permit is first obtained. The city may deny or condition a permit based on a finding that the proposed activity will adversely affect the physical integrity of the trail or the safety of trail users. [Ord. 143 § 1, 1995]
12.20.060 Violations – Penalty.
The violation of or failure to comply with any provision of this chapter is declared to be unlawful and subject to enforcement as set forth in Chapter 1.15 BMC. [Ord. 561 § 2 (Exh. A), 2012; Ord. 143 § 1, 1995]