Chapter 9.40
PARKS – RULES FOR USE OF FACILITIES

Sections:

Article I. General

9.40.010    Definitions.

9.40.020    Program – Purpose.

Article II. Administration

9.40.030    Administrative rules – Hours and conditions of operation.

9.40.040    Permits for community groups.

9.40.050    Special use permits.

9.40.060    Cancellation of permit.

9.40.070    Religious services or group rallies.

9.40.080    Use of facilities – Building use hours.

9.40.090    Cleanup.

9.40.100    Liability.

9.40.110    Liability insurance.

9.40.120    Adults to accompany minors.

9.40.130    Storage of equipment – Liability of City.

9.40.140    Equipment regulations – Failure to perform.

9.40.150    Facility use – Sale of goods or services.

Article III. Rules Governing Use of
Facilities – Infractions

9.40.160    Picnicking.

9.40.170    Food waste, washing of clothes or animals.

9.40.180    Parking lots and roadways – Games prohibited.

9.40.190    Motor vehicles – Parking.

9.40.200    Motor vehicles on roads and trails.

9.40.210    Motor vehicles – Speed limits.

9.40.220    Washing of vehicles.

9.40.230    Motor vehicles – Trucks and commercial vehicles.

9.40.240    Trail use.

9.40.250    Boating – Occupancy policy.

9.40.260    Commercial watercraft prohibited.

9.40.270    Overnight moorage.

9.40.280    Tandem moorage.

9.40.290    Use of marine heads.

9.40.300    Camping – In designated areas only.

9.40.310    Tents and shelters on beaches.

9.40.320    Clothing.

9.40.330    Ice.

9.40.340    Game fish.

9.40.350    Shellfish and food fish.

9.40.360    Pets in City park facilities.

9.40.370    Disturbances by animals prohibited.

9.40.380    Horseback riding.

9.40.390    Littering.

9.40.400    Swimming – In designated areas only.

9.40.410    Swimming and boating rules.

9.40.420    Swimming/scuba diving in boat launch areas prohibited.

9.40.430    Presence in parks during hours the park is closed.

Article IV. Rules Governing Use of
Facilities – Misdemeanors

9.40.440    Loitering.

9.40.450    Horseback riding – May not endanger others.

9.40.460    Mechanical trapping devices – Capturing or injuring animals.

9.40.470    False alarm of drowning prohibited.

9.40.480    Games on beaches.

9.40.490    Moorage in swimming area prohibited.

9.40.500    Damage to property/wildlife.

9.40.510    Removal of property.

9.40.520    Outside household or commercial waste.

9.40.530    Waste from vehicles.

9.40.540    Dumping in water prohibited.

9.40.550    Aircraft.

9.40.560    Solicitation.

9.40.570    Fireworks.

9.40.580    Firearms, weapons.

9.40.590    Alcoholic beverages.

9.40.600    Intoxication.

9.40.610    Interference with trails.

Article V. Penalties

9.40.620    Infractions.

9.40.630    Misdemeanors.

9.40.640    Administrative sanctions.

Article VI. Park Safety – Enforcement

9.40.650    Park safety.

9.40.660    Responsibilities.

9.40.670    Enforcement methods.

9.40.680    Contractual agreements.

Article I. General

9.40.010 Definitions.

Whenever used in this chapter the following terms shall be defined as herein indicated:

A. “Aircraft” means any machine or device designed to travel through the air including but not limited to airplanes, helicopters and balloons;

B. “Alcoholic beverages” or “liquor” includes the four varieties of liquor defined as alcohol, spirits, wine and beer, all fermented, spirituous, vinous, or malt liquor, and all other intoxicating beverages, and every liquor, solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer, all drinks or drinkable liquids and all preparations or mixtures capable of human consumption. Any liquor, semisolid, solid or other substance which contains more than one percent alcohol by weight shall be conclusively deemed to be intoxicating;

C. “Associated marine area” means any water area within 100 feet of any “City of Kenmore trail, open space, park area” or “marine facility” such as a dock, pier, float, buoy, log boom, or other object which is part of a “City of Kenmore park area”; provided, that such area does not include private property;

D. “Boat” means any contrivance up to 65 feet in length overall, used or capable of being used as a means of transportation on water;

E. “Camper” means a motorized vehicle containing sleeping and/or housekeeping accommodations, and shall include a pickup truck with camper, a van-type body, a converted bus, or any similar type vehicle;

F. “Camping” means erecting a tent or shelter or arranging bedding or both for the purpose of or in such a way as will permit remaining overnight, or parking a trailer, camper, or other vehicle for the purpose of remaining overnight;

G. “Campsite” means designated camping sites which are designated for the use of tent campers, and which have no water and/or electrical facilities available for hookup to a trailer or a camper;

H. “City park” means land designated as a “park” in the City Park, Recreation and Open Space Plan section of the Comprehensive Plan or any City ordinance;

I. “Discrimination” means any action or failure to act, whether by single act or part of a practice, the effect of which is to adversely affect or differentiate between or among individuals or groups of individuals, because of race, color, religion, national origin, age, sex, marital status, parental status, sexual orientation, the presence of any sensory, mental or physical handicap, or the use of an animal guide by a blind or deaf or otherwise physically or mentally challenged person;

J. “Department” means the City department or outside agency assigned by the city manager to administer a portion of the City code;

K. “Facility” or “facilities” means any building, structure, or park area operated by the department;

L. “Facility manager” means a duly appointed department employee;

M. “City of Kenmore open space, trail or park area” means any area under the ownership, management, or control of the City of Kenmore or the department;

N. “Director” means director of the department;

O. “Motor vehicle” means any self-propelled device capable of being moved upon a road, and in, upon, or by which any persons or property may be transported or drawn, and shall include, but not be limited to, automobiles, trucks, motorcycles, motor scooters, jeeps or similar type four-wheel drive vehicles, and snowmobiles, whether or not they can be legally operated upon the public highways;

P. “Person” means all persons, groups, firms, partnerships, corporations, clubs, and all associations or combination of persons whenever acting for themselves or as an agent, servant, or employee;

Q. “Rocket” means any device containing a combustible substance which when ignited propels the device forward;

R. “Trail” means any path, track, or right-of-way designed for use by pedestrians, bicycles, equestrians, or other nonmotorized modes of transportation;

S. “Trailer” means a towed vehicle which contains sleeping or housekeeping accommodations;

T. “Trailer site” means a designated camping site which has water and/or electrical facilities available for hookup, and which is designed for the use of persons with trailers or campers. [Ord. 16-0417 § 3; Ord. 01-0101 § 48 (KCC 7.12.010).]

9.40.020 Program – Purpose.

The playgrounds, activity centers, pools, and other facilities of the City are established by law for public recreation purposes. The public recreation programs consist primarily of activities planned and directed by the City, and secondarily of recreation activities of community groups brought under control of the City when authorized by and conducted under permit issued by the City. [Ord. 01-0101 § 48 (KCC 7.12.020).]

Article II. Administration

9.40.030 Administrative rules – Hours and conditions of operation.

The manager shall promulgate rules setting forth the times and conditions upon which the City parks and recreation facilities will be open, closed, or used by the public. Such rules shall be promulgated in accordance with the procedures established in Chapter 2.98 KCC. [Ord. 01-0101 § 48 (KCC 7.12.030).]

9.40.040 Permits for community groups.

A. The department may grant permits to community groups to meet or conduct activities in the department’s buildings or in the department’s other facilities if those buildings, portions of buildings, or facilities are not otherwise required by the department. A nominal fee may be charged according to the department’s current adopted fee ordinance. The fee ordinance is adopted by the Kenmore city council during its annual budget process.

B. Facilities cannot be reserved more than 90 days in advance unless otherwise authorized by the department. All such permits must be approved by the department. City of Kenmore swimming pools are excluded from the provisions of this section. [Ord. 01-0101 § 48 (KCC 7.12.040).]

9.40.050 Special use permits.

A. Groups which do not meet all of the requirements set forth in KMC 9.40.040 and groups which desire to use City of Kenmore swimming pools may be granted special use permits by the department, and will be charged a fee. Where appropriate, special conditions of use will be established by the department and so noted on the special use permit. A schedule of the charges for special services in City of Kenmore recreational facilities will be established by the department with the approval of the Kenmore city council.

B. Groups applying for special use permits for activities at which the consumption of alcoholic beverages is intended must meet the requirements of State law with respect to liquor permits as a precondition. During the course of the activity, the State liquor permit must be displayed within the area. [Ord. 01-0101 § 48 (KCC 7.12.050).]

9.40.060 Cancellation of permit.

The City reserves the right to cancel a permittee’s reservation for cause or if the City wishes to make use of the facility which in the judgment of the City supersedes the need of the permittee. Notice of the City’s cancellation for priority use shall be given at least 24 hours in advance. Notice of cancellation for cause may be given at any time. [Ord. 01-0101 § 48 (KCC 7.12.060).]

9.40.070 Religious services or group rallies.

Religious services or group rallies may be permitted in City of Kenmore park areas where facilities are adequate, and where such activities will not conflict in any way with normal park usage. To avoid conflict, permission for such activities must be obtained in advance from the manager. Permission for use of loudspeakers by groups must be obtained in advance. [Ord. 01-0101 § 48 (KCC 7.12.070).]

9.40.080 Use of facilities – Building use hours.

Activities for groups using the facilities Sundays through Thursdays shall normally cease at 10:00 p.m. unless otherwise approved on the use permit. On Fridays and Saturdays groups must agree to be out of the facilities by 12:30 a.m. unless otherwise approved in the use permit. [Ord. 01-0101 § 48 (KCC 7.12.080).]

9.40.090 Cleanup.

All persons must leave facilities in a condition considered satisfactory to the facility manager in charge who will supervise cleanup activity. No person shall conduct activities causing extra custodial work unless previous agreement has been made to pay for such work and this is so stated in the use permit. [Ord. 01-0101 § 48 (KCC 7.12.090).]

9.40.100 Liability.

Persons using facilities by permit will be required to protect, save and hold the City of Kenmore, its elected and appointed officials and employees while acting within the scope of their duties harmless from and against all claims, demands and causes of action of any kind or character, including the cost of defense thereof, arising in favor of a person or group’s members or employees or third parties on account of any action including but not limited to personal injuries, death or damage to property arising out of the use of premises, or in any way arising out of the acts or omissions of the person, group and/or its agents, employees or representatives. [Ord. 01-0101 § 48 (KCC 7.12.100).]

9.40.110 Liability insurance.

A. During all periods of use, persons using facilities by permit shall, except when a waiver is obtained from the department, obtain and maintain public liability insurance acceptable to the City and/or other insurance necessary to protect the public and the City on premises to be used, with limits of liability not less than:

1. Five hundred thousand dollars each person, personal injury;

2. Five hundred thousand dollars each occurrence, personal injury;

3. Two hundred fifty thousand dollars each occurrence, property damage; or

4. A combined single limit personal injury and/or property damage liability of $1,000,000 per occurrence.

B. Persons shall provide a certificate of insurance or, upon written request of the City, a duplicate of the policy, as evidence of the insurance protection provided. This insurance shall not be cancelled or reduced without prior written notice to the City at least 30 days in advance of the cancellation. [Ord. 01-0101 § 48 (KCC 7.12.110).]

9.40.120 Adults to accompany minors.

Adults must be present and responsible at all assemblies of minors throughout the entire function. [Ord. 01-0101 § 48 (KCC 7.12.120).]

9.40.130 Storage of equipment – Liability of City.

Persons using facilities should not expect storage space for equipment necessary for their programs. If temporary storage is provided, the City of Kenmore shall not be held responsible for loss or damage. City equipment shall not be loaned to any noncity person, group or organization without prior written permission from the department. [Ord. 01-0101 § 48 (KCC 7.12.130).]

9.40.140 Equipment regulations – Failure to perform.

The misuse of a park facility or the failure to conform with these regulations, the instructions of division employees, or the conditions of a permit will be sufficient reason for denying any future permits. [Ord. 01-0101 § 48 (KCC 7.12.140).]

9.40.150 Facility use – Sale of goods or services.

The use of park facilities for financial gain shall be allowed only through concession contracts secured by the City’s competitive bid process, negotiated concession contracts or by special use permit issued by the City. [Ord. 01-0101 § 48 (KCC 7.12.150).]

Article III. Rules Governing Use of
Facilities – Infractions

9.40.160 Picnicking.

Picnicking is permitted only in designated and marked picnicking areas, or in such other places within a City of Kenmore park area as may from time to time be designated by a facility manager. [Ord. 01-0101 § 48 (KCC 7.12.220).]

9.40.170 Food waste, washing of clothes or animals.

No person shall clean fish or other food, or wash any clothing or other articles for personal or household use, or any dog or other animal, except at designated areas in any City of Kenmore park area. [Ord. 01-0101 § 48 (KCC 7.12.230).]

9.40.180 Parking lots and roadways – Games prohibited.

Games of any kind are prohibited in parking lots and roadways of all division facilities. [Ord. 01-0101 § 48 (KCC 7.12.240).]

9.40.190 Motor vehicles – Parking.

No operator of any automobile, trailer, camper, boat trailer, or other vehicle shall park such vehicle in any City of Kenmore park area, except where the operator is using the area for the designated recreational purpose and the vehicle is parked either in the designated parking area, or in another area with the permission of a facility manager. No person shall park, leave standing, or abandon a vehicle in any City of Kenmore park area after closing time except persons who have paid the applicable use fees to camp in designated campsites or trailer sites or to moor boats overnight at designated sites, and persons using park facilities as part of an event authorized by the City. In addition to the penalties found in Article V of this chapter, any vehicle found parked in violation of this section may be towed away at the owner’s expense. [Ord. 01-0101 § 48 (KCC 7.12.250).]

9.40.200 Motor vehicles on roads and trails.

No person shall operate any motor vehicle on a trail in any City of Kenmore park area unless such trail has been specifically designated and posted for such use. No person shall operate a motor vehicle within the boundaries of a City of Kenmore park area except on roads, streets, highways, parking lots, parking areas, or where otherwise permitted by proper posting. Through traffic is not permitted within the boundaries of any City of Kenmore park or open space; provided, that this section shall not apply to emergency vehicles, maintenance vehicles, or construction vehicles authorized by the department. [Ord. 01-0101 § 48 (KCC 7.12.260).]

9.40.210 Motor vehicles – Speed limits.

No person shall drive a motor vehicle within any City of Kenmore park area at a speed greater than 25 miles per hour or as otherwise posted, having due regard for traffic on and the surface and width of the road, and in no event at a speed which endangers the safety of persons, property, or wildlife; provided, however, that in no event shall a vehicle be driven at a speed greater than 15 miles per hour in camp, picnic, utility, or headquarters areas, or in areas of general public assemblage. [Ord. 01-0101 § 48 (KCC 7.12.270).]

9.40.220 Washing of vehicles.

No person shall clean or wash any automobile or other vehicle in any City of Kenmore park area except in areas specifically designated for that use. [Ord. 01-0101 § 48 (KCC 7.12.280).]

9.40.230 Motor vehicles – Trucks and commercial vehicles.

No person shall cause a truck or other vehicle while being used for commercial purposes to enter upon, use, or traverse any portion of any City of Kenmore park area or any park road except in the service of the City at the request of the employees of the City, or by express permission of the manager for a special activity not inconsistent with City of Kenmore park use; provided, that the provisions of this section shall not apply to City roads or State highways. [Ord. 01-0101 § 48 (KCC 7.12.290).]

9.40.240 Trail use.

A. 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.

B. 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.

C. 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, horse, skateboard, and roller skates.

D. 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.

E. No motorized vehicles shall be allowed on City of Kenmore trails. For the purposes of this section “motorized vehicles” means any form of transportation powered by an internal combustion or electric motor. This includes but is not limited to automobiles, golf carts, mopeds, motor scooters, and motorcycles. This section shall not apply to wheelchairs powered by electric motors, or authorized maintenance, police or emergency vehicles.

F. Regional trails, local trail corridors, and paved pathways are open to all nonmotorized users unless otherwise designated and posted. Pedestrians, bicyclists and equestrians are permitted on all maintained soft surface trails unless otherwise posted and designated. Trail restrictions may be posted at park entrances, trailheads or, in some cases, on individual trails. Trail use designations will be based on the park master plan, resource conservation, trail user conflicts, maintenance issues, and safety hazards.

G. Every person who shall use or travel on a trail shall obey the Model Trail User Code of Conduct.

H. Model Trail User Code of Conduct.

1. 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.

2. Regard for Other Trail Users. 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.

3. Groups on Trail. No group of trail users, including their animal(s), 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.

4. 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.

5. 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.

6. Entering and Crossing Trail. Trail users entering or crossing the trail at uncontrolled points shall yield to traffic on the trail.

7. 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.

8. Regard for Equestrian Users on Trail. Trail users shall exercise extreme caution to prevent frightening horses with sudden noise or movement and shall always yield right-of-way to horses and warn equestrian users when approaching from behind and attempting to pass.

9. Regard for Adjacent Property Owners. Trail users should respect private lands adjacent to City trails and should stay on trails to avoid trespassing on or interfering with adjacent private property. [Ord. 01-0101 § 48 (KCC 7.12.295).]

9.40.250 Boating – Occupancy policy.

In order to afford the general public the greatest possible use of marine facilities, continuous occupancy of marine facilities by the same person or group in any area is limited to any three days in a seven-day period, beginning midnight Wednesday and ending midnight the following Wednesday unless otherwise posted. Shorter or longer limitation of occupancy may be established and posted by the City for any individual facility or area. In addition to the penalties in Article V of this chapter, any boat found to be in violation of this chapter may be towed away at the owner’s expense. No person shall launch a boat in any City of Kenmore park except in areas specifically designated and/or marked for that purpose. [Ord. 01-0101 § 48 (KCC 7.12.300).]

9.40.260 Commercial watercraft prohibited.

Use of marine areas and marine facilities by commercial watercraft is prohibited. For the purpose of this rule, “commercial watercraft” means watercraft used for any commercial purpose but shall not include a commercial watercraft operated within the terms of a concession lease with the City. [Ord. 01-0101 § 48 (KCC 7.12.310).]

9.40.270 Overnight moorage.

No person or persons shall moor, anchor, dock or berth a boat or other object overnight in a City of Kenmore park area or associated marine area unless the area has been designated for such use. [Ord. 01-0101 § 48 (KCC 7.12.320).]

9.40.280 Tandem moorage.

No more than three boats or other objects may be tied or rafted together when moored, docked or berthed adjacent to a dock, pier, or float in a City of Kenmore park area. [Ord. 01-0101 § 48 (KCC 7.12.330).]

9.40.290 Use of marine heads.

No person shall use or flush any marine head which when flushed emits its contents directly into the waters of a lake, river, Puget Sound, or any other water area, nor cause any human or animal waste to be dumped into the waters while moored, anchored, docked or berthed in a City of Kenmore park area or associated marine area or when entering or leaving the area. [Ord. 01-0101 § 48 (KCC 7.12.340).]

9.40.300 Camping – In designated areas only.

No person shall camp in any City of Kenmore park area except in areas specifically designated and/or marked for that purpose. [Ord. 01-0101 § 48 (KCC 7.12.350).]

9.40.310 Tents and shelters on beaches.

No person shall erect, maintain, use or occupy a temporary tent or shelter on any swimming beach in any City of Kenmore park area unless there is an unobstructed view through such tent or shelter from at least two sides; provided, however, that nothing in this section shall be construed to authorize overnight camping except in designated areas. [Ord. 01-0101 § 48 (KCC 7.12.360).]

9.40.320 Clothing.

Clothing sufficient to conform to community standards shall be worn at all times. [Ord. 01-0101 § 48 (KCC 7.12.370).]

9.40.330 Ice.

No person shall go out onto ice in any City of Kenmore park or park area, except in areas specifically designated for that purpose. This includes but is not limited to lakes, ponds, streams, rivers, and other bodies of water. [Ord. 01-0101 § 48 (KCC 7.12.380).]

9.40.340 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 City of Kenmore park areas. No person may fish for or possess any fish taken from any dam, dike, bridge, dock, boatland, or beach which is posted with a sign prohibiting fishing. [Ord. 01-0101 § 48 (KCC 7.12.390).]

9.40.350 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 City of Kenmore park areas, and in addition to such laws the City of Kenmore park system may, upon its finding and for good cause, close certain City of Kenmore park areas to the taking of shellfish for specific periods of time. Such closed areas shall be posted with appropriate signs. [Ord. 01-0101 § 48 (KCC 7.12.400).]

9.40.360 Pets in City park facilities.

A. Dogs, pets, or domestic animals are not permitted on any designated swimming beach, picnic or play area in any City of Kenmore park or in any building unless specifically permitted by posting; provided, that this section shall not apply to animal guides.

B. In permissible areas, dogs or other pets or domestic animals must be kept on a leash no greater than 15 feet in length, and under control at all times.

C. Any person whose dog or other pet is in any City of Kenmore park area shall be responsible for the conduct of the animal and for removing feces deposited by such animal from the park area. [Ord. 01-0101 § 48 (KCC 7.12.410).]

9.40.370 Disturbances by animals prohibited.

No person shall allow his or her dog or other pet or domestic animal to bite or in any way molest or annoy park visitors. No person shall permit his or her dog or other pet or domestic animal to bark continuously or otherwise disturb the peace and tranquility of the park. [Ord. 01-0101 § 48 (KCC 7.12.420).]

9.40.380 Horseback riding.

Horses are permitted on trails unless otherwise posted and designated. Horses shall be permitted in other City of Kenmore park areas that are specifically posted to permit such activity. Horses shall not be permitted in any designated swimming area or picnic area. No person shall allow a horse or other animal to stand unattended or insecurely tied. [Ord. 01-0101 § 48 (KCC 7.12.430).]

9.40.390 Littering.

No person shall leave, deposit, drop or scatter bottles, broken glass, ashes, food, waste paper, cans, or other rubbish in a City of Kenmore park area, except in a garbage can or other receptacle designated for such purposes. [Ord. 01-0101 § 48 (KCC 7.12.440).]

9.40.400 Swimming – In designated areas only.

City of Kenmore 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. [Ord. 01-0101 § 48 (KCC 7.12.450).]

9.40.410 Swimming and boating rules.

Swimmers must obey rules. All persons using City of Kenmore parks, beaches and water resources shall obey all posted beach rules and/or the instructions of lifeguards, facility managers, or other park department employees.

A. In designated swimming areas, flotation devices are allowed only at lifeguards’ discretion. Using a designated swimming area as a flotation device launching or landing point to the greater body of water is prohibited.

B. False alarm of drowning is prohibited. No person shall give or transmit a false signal or false alarm of drowning in any manner.

C. Swimming in boat launch areas is prohibited. No person shall swim or sunbathe in any designated boat launching areas.

D. Boat launching is permitted in designated areas only. No person shall launch a boat in any City of Kenmore park except in areas specifically designated and/or marked for that purpose; provided, that this provision does not apply in an emergency situation. Boat operation is prohibited within 100 feet of any City of Kenmore parks, lifeguarded beach or dock facility during the months of June, July, August, and September when lifeguards are present and the beach is open to the public for swimming. [Ord. 01-0101 § 48 (KCC 7.12.460).]

9.40.420 Swimming/scuba diving in boat launch areas prohibited.

No person shall swim, sunbathe, or scuba dive in any designated boat launching area. [Ord. 01-0101 § 48 (KCC 7.12.470).]

9.40.430 Presence in parks during hours the park is closed.

No person shall enter or be present in a City park area during hours the park is closed except persons who have paid the applicable use fees to camp in designated campsites or trailer sites, or to moor boats overnight at designated sites and persons using park facilities as part of an event authorized by the department. Park areas are open dawn to dusk unless open for scheduled or reserved recreational activities. [Ord. 01-0101 § 48 (KCC 7.12.480).]

Article IV. Rules Governing Use of
Facilities – Misdemeanors

9.40.440 Loitering.

Loitering as defined in Chapter 9.30 KMC is prohibited in restrooms and bathhouses in City of Kenmore park and recreation facilities. [Ord. 01-0101 § 48 (KCC 7.12.490).]

9.40.450 Horseback riding – May not endanger others.

No person shall ride any horse or other animal in such a manner that could cause physical harm to any person. [Ord. 01-0101 § 48 (KCC 7.12.500).]

9.40.460 Mechanical trapping devices – Capturing or injuring animals.

The use of a mechanical trapping device within any City of Kenmore park is prohibited. A “mechanical trapping device” shall be defined as any device, including but not limited to snares or machines, that shut suddenly upon contact by an animal, or a device which kills or inflicts physical pain and injury upon a captured animal. The act of capturing an animal, by other than lawful means is prohibited. [Ord. 01-0101 § 48 (KCC 7.12.510).]

9.40.470 False alarm of drowning prohibited.

No person shall give or transmit a false signal or false alarm of drowning. [Ord. 01-0101 § 48 (KCC 7.12.520).]

9.40.480 Games on beaches.

Activities including but not limited to sports and physical play which interfere or tend to interfere with and endanger other beach users and distract from or obstruct the performance of lifeguarding responsibilities of parks personnel are prohibited. When circumstances can safely permit games, such games will be conducted only with the consent of a facility manager, lifeguard, or other department employee. [Ord. 01-0101 § 48 (KCC 7.12.530).]

9.40.490 Moorage in swimming area prohibited.

No person or persons shall moor, dock, or berth a boat or other object to a log boom or float line which delineates a swimming area in a City of Kenmore park area or associated marine area. [Ord. 01-0101 § 48 (KCC 7.12.540).]

9.40.500 Damage to property/wildlife.

A. It is unlawful for any person except a duly authorized department employee in the performance of his or her duties, or other person duly authorized pursuant to law, to remove, destroy, mutilate or damage any structure, lawn, monument, statue, vase, fountain, wall, fence railing, vehicle, bench, shrub, tree, geological formation, plant, flower lighting system, sprinkling system, gate, barricade or lock or other property lawfully in any park, or to remove sand, soil, or sod in any park. No person shall cut down, destroy, or in any way injure any vegetation, living or dead, in any City of Kenmore park area unless authorized to do so by the department. No person shall deface, damage or destroy any property, material or equipment which is under the jurisdiction of the City.

B. Damage to Wildlife. Except for fishing and shellfishing in authorized areas and subject to rules promulgated by the Washington State Fish and Wildlife Commission, it is unlawful in any park in any manner to attempt to capture, tease, annoy, disturb, or strike any animal, with any stick, weapon or other device or throw or otherwise propel any missile or other object at or in the vicinity of any such animal. [Ord. 01-0101 § 48 (KCC 7.12.550).]

9.40.510 Removal of property.

No person shall change the position of or remove any City property, material, or equipment including vegetation and wildlife from its original position in any area under the jurisdiction of the department. [Ord. 01-0101 § 48 (KCC 7.12.560).]

9.40.520 Outside household or commercial waste.

No person shall deposit any household or commercial garbage, refuse, waste, or rubbish which is brought in such form from any private property in any City of Kenmore park area garbage can or other receptacle designated for such purpose. [Ord. 01-0101 § 48 (KCC 7.12.570).]

9.40.530 Waste from vehicles.

No person shall drain or dump refuse or waste from any trailer, camper, automobile, or other vehicle, except in designated disposal areas or receptacles in any City of Kenmore park area. [Ord. 01-0101 § 48 (KCC 7.12.580).]

9.40.540 Dumping in water prohibited.

No person shall pollute, or in any way contaminate by dumping or otherwise depositing any waste or refuse of any nature, kind or description, including human and bodily waste, into any stream, river, lake or other body of water running in, through, or adjacent to any City of Kenmore park area. [Ord. 01-0101 § 48 (KCC 7.12.590).]

9.40.550 Aircraft.

A. Aircraft Landing/Take Off. No aircraft shall land or take off from any body of water or land area in a City of Kenmore park area except:

1. Aircraft used to transport injured persons, evacuees, medical personnel, or public officials in the event of an accident, disaster, or emergency;

2. Model aircraft as provided in subsection (B) of this section;

3. No person shall be deemed to have violated the provisions of this section in the event of a bona fide emergency, provided the owner of the aircraft submits a written statement explaining the circumstances of the emergency to the director within 72 hours of an emergency landing.

B. Model Aircraft and Rockets.

1. No person shall fly rockets or model aircraft in any City of Kenmore park area except in areas specifically designated and/or posted for that purpose;

2. All engines over 0.15 cubic inches used in model aircraft being flown in designated City of Kenmore park areas shall be muffled;

3. All persons flying model aircraft in designated City of Kenmore park areas shall abide by the Official Academy of Model Aeronautics Safety Code;

4. All persons desiring to shoot model rockets in a City of Kenmore park area shall obtain a permit to do so from the parks and recreation services office. [Ord. 01-0101 § 48 (KCC 7.12.600).]

9.40.560 Solicitation.

No person shall solicit, sell, or peddle any goods, services, wares, merchandise, liquids, or edibles for human consumption, or distribute or post any handbills, circulars, or signs, or use any loudspeakers or other amplifying devices, in any City of Kenmore park area, except by concession contract or by special use permit issued by the City. [Ord. 01-0101 § 48 (KCC 7.12.610).]

9.40.570 Fireworks.

No person shall possess, discharge, set off, or cause to be discharged, in or into any City of Kenmore park area, any firecracker, torpedo, rocket, firework, explosive, or substance harmful to the life or safety of persons or property, unless so authorized by the City. [Ord. 01-0101 § 48 (KCC 7.12.620).]

9.40.580 Firearms, weapons.

No person except duly authorized law enforcement personnel shall possess a bow and arrow, crossbow, or air or gas weapon in a City park. No person shall discharge across, in, or into any City of Kenmore park area a firearm, bow and arrow, crossbow, air or gas weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property; provided, that where the department for good cause has authorized in writing a special recreational activity upon finding that it is not inconsistent with City of Kenmore park use this section shall not apply. [Ord. 01-0101 § 48 (KCC 7.12.630).]

9.40.590 Alcoholic beverages.

No person shall in a City park or associated marine area: sell an alcoholic beverage; open a bottle, can or other receptacle containing an alcoholic beverage; possess an alcoholic beverage in an open container; or consume an alcoholic beverage, unless such sale, opening, possession or consumption is authorized in connection with a use, special event or other activity for which all applicable permits or licenses, including but not limited to those required by the Washington State Liquor and Cannabis Control Board under RCW Title 66 or this code, have been obtained; but in no case shall such sale, opening, possession or consumption be authorized in connection with a use, special event or other activity within Linwood Park, Moorlands Park, Northshore Summit Park, or Wallace Swamp Creek Park. [Ord. 16-0417 § 1; Ord. 01-0101 § 48 (KCC 7.12.640).]

9.40.600 Intoxication.

Being or remaining in, or loitering about in, any City park or associated marine area while in a state of intoxication is prohibited. [Ord. 16-0417 § 2; Ord. 01-0101 § 48 (KCC 7.12.642).]

9.40.610 Interference with trails.

A. It shall be unlawful for any person to place, deposit, or otherwise cause or suffer to be located any structure, device, or natural or artificial thing that threatens or endangers any portion of a trail owned or maintained by the City of Kenmore, or that tends to endanger persons traveling thereon, obstructs or tends to obstruct or constitutes a hazard to persons traveling thereon.

B. This section shall not apply to employees of the City of Kenmore in the performance of their duties or to persons acting pursuant to written direction of the City of Kenmore. [Ord. 01-0101 § 48 (KCC 7.12.645).]

Article V. Penalties

9.40.620 Infractions.

A. Failure to perform any act required or the performance of any act prohibited by Article III of this chapter shall be designated as an infraction.

B. Any person cited for a violation of Article III of this chapter shall be subject to the applicable Justice Court Rules and bail schedules.

C. Any person found guilty of committing an infraction shall be assessed a monetary penalty not to exceed $500.00.

D. A finding that an infraction has been committed shall not give rise to any other legal disability which is based upon conviction of a crime. [Ord. 01-0101 § 48 (KCC 7.12.650).]

9.40.630 Misdemeanors.

Any person found guilty of violating any provision of Article IV of this chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $500.00, or by imprisonment in the county jail for not more than 90 days, or both. [Ord. 01-0101 § 48 (KCC 7.12.660).]

9.40.640 Administrative sanctions.

In addition to any prescribed penalty, any person failing to comply with any provision of this chapter shall be subject to the loss of park or recreation facility use privileges and ejection from the City park area or associated marine park area. [Ord. 01-0101 § 48 (KCC 7.12.670).]

Article VI. Park Safety – Enforcement

9.40.650 Park safety.

A. General. Park rules, as promulgated in this chapter, are established to provide a system by which the greatest number of people may obtain the maximum satisfaction from the use of City parks and recreation facilities. For the rules to serve this purpose, they must be understood and followed by the park users. Accordingly, park safety involves both public awareness and rule enforcement programs.

B. Application of Park Safety Program. The degree and extent to which the application of park safety shall be adapted to City parks shall be based on purpose and location of each park and recreation facility, its environment and surrounding community, the number and type of persons using it, the number and type of rule violations that have occurred in the past, and the perception that the people of the City have of the park or facility as a safe place to use. The City shall keep records of safety problems and rules violations in each facility and continuously evaluate its safety program for each facility based on those records. [Ord. 01-0101 § 48 (KCC 7.12.680).]

9.40.660 Responsibilities.

Park safety is the responsibility of both the police department and the department of parks, cultural and natural resources. Specific responsibilities include the following:

A. Parks, Cultural and Natural Resources Department.

1. Enforcing rules of conduct set forth in the ordinance for which department personnel have appropriate authority.

2. Developing and implementing public awareness programs regarding the purpose of the facilities and the rules governing their use.

3. Encouraging voluntary compliance with rules based on awareness.

4. Training department personnel in the appropriate use of administrative sanctions as a means of park rule enforcement.

5. Notification of law enforcement officers who have primary jurisdiction in a particular geographic area whenever department personnel observe violations of park rules requiring further law enforcement authority or other violations of local, State, or federal laws, whenever there is an emergency requiring law enforcement assistance, or whenever they need assistance in executing their responsibilities pursuant to this chapter.

B. Police Department.

1. Deputizing and training of personnel authorized to issue citations for infractions and misdemeanor offenses.

2. Providing supplementary patrols in natural resources and parks facilities as jointly determined by the director of the department of parks, cultural and natural resources and the director of the police department.

3. Responding, as appropriate, to requests from department personnel for assistance in situations beyond their capacity or authority to act. [Ord. 01-0101 § 48 (KCC 7.12.690).]

9.40.670 Enforcement methods.

Violation of the park rules may be a civil infraction or criminal misdemeanor. The initial method of enforcement shall be by a request for voluntary compliance. Violation of this code may be subject to enforcement by the King County sheriff pursuant to KMC 9.40.620 and 9.40.630. In addition, any person failing to comply with the park rules shall be subject to the loss of park or recreation facility use privileges and ejection from City park areas or associated marine park areas. In the future, at the direction of the department director, the park rules ordinance may be updated to request that certain department personnel be commissioned by the King County sheriff for the purpose of issuing citations to the violators of adopted park rules. [Ord. 01-0101 § 48 (KCC 7.12.700).]

9.40.680 Contractual agreements.

Any other provisions of this chapter notwithstanding, the manager is authorized to enter into a contract or agreement with the director of the City of Kenmore police department to provide specific park patrol services to enforce the laws and ordinances of the City of Kenmore within City of Kenmore park areas. [Ord. 01-0101 § 48 (KCC 7.12.710).]