Chapter 11.80
PARK RULES

Sections:

11.80.010    Title of chapter.

11.80.020    Police power.

11.80.030    Definitions.

11.80.040    Posting signs, posters and notices.

11.80.050    Injury to park property unlawful.

11.80.060    Animals at large prohibited—Exceptions—Off-leash parks.

11.80.070    Firearms and explosives.

11.80.080    Teasing, annoying or injuring animals prohibited.

11.80.090    Certain vocations and loudspeakers prohibited.

11.80.100    Business activity in parks.

11.80.110    Watercraft.

11.80.120    Emergency aid by watercraft.

11.80.130    Riding vehicles and animals.

11.80.140    Camping areas.

11.80.150    Practicing and playing games.

11.80.160    Depositing refuse and litter.

11.80.180    Permit for assemblies required.

11.80.190    Races prohibited.

11.80.200    Building fires.

11.80.210    Open containers of alcoholic beverages and marijuana prohibited.

11.80.220    Adoption of rules and regulations by director.

11.80.230    Aiding and abetting violations.

11.80.250    Parks closed between ten p.m. or eleven p.m. and dawn.

11.80.010 Title of chapter.

This chapter may be cited as the park rules for the city of Kirkland. (Ord. 4334 § 6 (part), 2011)

11.80.020 Police power.

This chapter is hereby declared to be an exercise of the police power of the city for the public peace, health, safety and welfare and its provisions are to be liberally construed. (Ord. 4334 § 6 (part), 2011)

11.80.030 Definitions.

The terms herein used, unless clearly contrary to or inconsistent with the context in which used, shall be construed as follows:

(1) “Director” means the director of the parks and recreation department of the city as established by Chapter 3.68.

(2) “Park” means and includes all city parks and all areas within the boundaries of a city park, including structures, regardless of whether the area is under the management and control of the park and recreation department.

(3) “Park board” means the board of park commissioners as established and created by Chapter 3.36.

(4) “Under control” means the animal is either under competent voice control or competent signal control, or both, so as to be restrained from approaching or injuring any bystander or other animal and from causing or being the cause of personal or physical property damage when off a leash.

(5) Wherever consistent with the context of this chapter, words in the present, past or future tenses shall be construed to be interchangeable with each other and words in the singular number shall be construed to include the plural. (Ord. 4593 § 1, 2017: Ord. 4334 § 6 (part), 2011)

11.80.040 Posting signs, posters and notices.

(a) It is unlawful for any person, without prior written permission of the director, to attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, railing, post or structure within any park; provided, that the director may permit the erection of temporary directional signs or decorations on occasions of public celebration and picnics.

(b) It is unlawful for any person, without prior written permission of the director, to use, place or erect any signboard, sign, billboard, bulletin board, post, pole, or device of any kind for advertising in any park, or to place or erect in any park a permanent or temporary structure of any kind; provided, that before granting any such permit, the director shall establish general rules and regulations pertaining hereto, including provisions pertaining to removal, protection of the city park department and its employees, protection of the interests of the general public, and of persons using said park. (Ord. 4334 § 6 (part), 2011)

11.80.050 Injury to park property unlawful.

It is unlawful for any person to remove, destroy, mutilate or deface any structure, or any part of any structure, or any fixture therein, or attached thereto, or any monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, shrub, tree, fern, plant, flower, lighting system or sprinkling system, or any other property lawfully located within any park. (Ord. 4334 § 6 (part), 2011)

11.80.060 Animals at large prohibited—Exceptions—Off-leash parks.

The provisions of Title 8 of the Kirkland Municipal Code shall apply in all parks. It is unlawful for any person to allow or permit any animal owned by him or within his possession or under his control to run at large in any park or enter any designated swimming area located therein. The director, acting pursuant to Section 11.80.220, may adopt rules prohibiting dogs or other types of domesticated animals from entering certain parks or certain portions of parks after consultation with the city council. Provided, dogs may be allowed off-leash in designated off-leash dog parks, or in specific portions of parks designated as off-leash, or in designated parks during park hours that have been specifically designated as off-leash hours, so long as the dog is under control of the owner or handler. (Ord. 4593 § 2, 2017: Ord. 4334 § 6 (part), 2011)

11.80.070 Firearms and explosives.

It is unlawful to shoot, fire or explode any firearms, fireworks, firecracker, torpedo or explosive of any kind or to shoot or fire any air gun, bows and arrows, B.B. gun, or use any slingshot or other propelling device wherein the applied human energy or force is artificially aided, directed or added to in any park, except in such designated recreational areas as may by the department of parks and recreation be developed and provided for such activities. (Ord. 4334 § 6 (part), 2011)

11.80.080 Teasing, annoying or injuring animals prohibited.

It is unlawful for any person in any park, in any manner, to tease, annoy, disturb, molest, catch, injure or kill or to throw any stone or missile of any kind at or strike with any stick or weapon any animal, bird or fowl; or to catch any fish or feed any fowl except at those places as may be so designated for the catching of fish or the feeding of fowl by the director. (Ord. 4334 § 6 (part), 2011)

11.80.090 Certain vocations and loudspeakers prohibited.

It is unlawful to sell, solicit or peddle in any park without first obtaining a written permit from the director. It is also unlawful to operate or use any loudspeaker or sound amplification devices in any park without first obtaining a written permit from the director. (Ord. 4334 § 6 (part), 2011)

11.80.100 Business activity in parks.

It is unlawful to conduct any type of business activity in any park without first entering into a concession contract according to the rules and regulations of the parks and recreation department therefor with the city. As used in this section, “business activity” shall include, but not be limited to, the following:

(1) Sale of food, beverages or merchandise;

(2) Providing classes or other forms of instruction for a fee or other valuable consideration; or

(3) Use of park facilities for advertising any business, product or service. (Ord. 4334 § 6 (part), 2011)

11.80.110 Watercraft.

It is unlawful for any person to have, keep or operate any boat, float, raft or other watercraft in or upon any bay, lake, 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 such places as shall be set apart for such purposes by the director and so designated by signs. (Ord. 4334 § 6 (part), 2011)

11.80.120 Emergency aid by watercraft.

It is unlawful for any person to land or dock a boat at any swimming dock or float, nor shall any boat be allowed within a swimming area except in an emergency involving rescue or lifesaving. (Ord. 4334 § 6 (part), 2011)

11.80.130 Riding vehicles and animals.

It is unlawful for any person to ride or drive any vehicle or animal over or through any park except along and upon the park drive parkways, park boulevards, and bicycle paths, or at a speed in excess of the posted speed limit or in excess of fifteen miles per hour where no speed limit is so posted or to stand or park any vehicle in any park except in areas designated for such purpose by the director and so posted by signs, or to stand or park any vehicle between the hours of eleven p.m. and seven a.m. of the following day except in such areas as may be designated for such purpose by the director and so posted by signs. (Ord. 4334 § 6 (part), 2011)

11.80.140 Camping areas.

It is unlawful for any person or group of persons to “camp out” in any park except at places set aside for such purposes by the director and so designated by signs. (Ord. 4334 § 6 (part), 2011)

11.80.150 Practicing and playing games.

It is unlawful for any person to practice or play golf, baseball, cricket, lacrosse, polo, archery, hockey, tennis, badminton or other games of like character or to hurl or propel any missile except at places set apart and developed for such purposes by the department of parks and recreation and so designated by the director. (Ord. 4334 § 6 (part), 2011)

11.80.160 Depositing refuse and litter.

It is unlawful for any person to throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk or advertising matter in any park or to deposit any waste or abandoned material therein except in designated receptacles. It is a civil infraction for a person to litter in an amount less than or equal to one cubic foot. It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard. It is a gross misdemeanor for any person to litter in an amount of one cubic yard or more. In each case hereunder, the litter cleanup restitution payment and other obligations of KMC 11.64.040, as applicable, shall apply. (Ord. 4580 § 1, 2017: Ord. 4334 § 6 (part), 2011)

11.80.180 Permit for assemblies required.

It is unlawful for any person to hold, sponsor, or participate in any organized assembly without first giving to the director notice thereof and obtaining therefrom his written permit to do so. Such notice shall be given at least seventy-two hours prior to the date established for such assembly. Pursuant to Chapter 3.68 and Section 11.80.220, the director is hereby ordered to establish forthwith such rules and regulations pertaining to the issuance of assembly permits as shall permit the fullest peaceful utilization of the parks by all of the general public (including such persons attending such assemblies and such other persons utilizing the park, but not in attendance at such assembly) as shall be reasonably possible and consistent with the health, safety, and general welfare. In this connection, and in addition to the conduct requirements of this chapter, such rules and regulations may require the deposit of “cleanup” undertakings, the furnishing of waste and sanitary conveniences and effective plans for traffic and crowd control and management. (Ord. 4334 § 6 (part), 2011)

11.80.190 Races prohibited.

It is unlawful for any person in any park to engage in, conduct or hold any trials or competitions for speed, endurance or hill climbing involving any vehicle, boat, aircraft or animal, except at specified places and times designated for such activities by the director upon his determination that:

(1) Adequate provision has been made to ensure that the health and safety of participants in and spectators of any such activities will not be subject to undue hazard;

(2) Such activities will be conducted in such a manner as to minimize potential damage to public or private property;

(3) Such activities will not constitute a public nuisance; and

(4) Such activities will not unduly interfere with the use of park facilities by the general public. (Ord. 4334 § 6 (part), 2011)

11.80.200 Building fires.

It is unlawful for any person to build any fire in any park except in such areas as may be designated by the director and such designation is clearly defined by signs posted in such area. (Ord. 4334 § 6 (part), 2011)

11.80.210 Open containers of alcoholic beverages and marijuana prohibited.

It is an unlawful civil infraction for any person to possess an open container of any alcoholic beverage or marijuana while in any city park. Any person having an open container within one’s immediate reach or control (such as at a bench, picnic table, blanket, or motor vehicle where that person is sitting) within a city park may be considered to be in possession of the container for the purposes of this section. A person is exempt from this section as it relates to alcoholic beverages to the extent that his/her actions are in accordance with a parks and community services department use permit. (Ord. 4580 § 2, 2017: Ord. 4334 § 6 (part), 2011)

11.80.220 Adoption of rules and regulations by director.

The director shall have the power, pursuant to Chapter 3.68, to promulgate and adopt reasonable rules and regulations pertaining to the operation, management and use of the parks, and shall post the same in conspicuous places in the parks. Such rules and regulations shall include a procedure for granting blanket permits encompassing any particulars of this chapter to locally and nationally recognized organizations or associations. Such rules and regulations may include the establishment of hours during which any park or portion thereof, as designated by signs located within the designated portion, shall be closed to the general public; such closures may be for reasons of public safety, welfare and convenience, or for reasons of park maintenance. It is unlawful for any person to violate or fail to comply with any park rule or regulation duly adopted and posted by the department. (Ord. 4334 § 6 (part), 2011)

11.80.230 Aiding and abetting violations.

Any person participating in a violation of any provision of this chapter whether directly committing the act or omitting to do the thing constituting the offense or who aids or abets the same, and whether present or absent, and anyone who directly or indirectly counsels, encourages, hires, commands, induces, or otherwise procures another to commit such offense, shall be proceeded against and prosecuted as such. (Ord. 4334 § 6 (part), 2011)

11.80.250 Parks closed between ten p.m. or eleven p.m. and dawn.

The provisions of this section shall apply to all parks, improved and unimproved, within the city or owned by the city.

(1) Except as otherwise provided herein, all waterfront parks, including vehicle parking areas within the parks, within the city or owned by the city shall be closed to the general public between the hours of ten p.m. and dawn of the following day.

(2) Except as otherwise provided herein, all other parks, including vehicle parking areas within the parks, within the city or owned by the city shall be closed to the general public between the hours of eleven p.m. and dawn of the following day.

(3) It is unlawful for any person, other than a police officer or authorized park department employee, to enter into or remain within a park within the city or owned by the city at any time between the closing hour designated above and dawn of the following day.

(4) For the purposes of this section, “dawn” means the time of official sunrise for the particular day as published by the U.S. Weather Service. (Ord. 4334 § 6 (part), 2011)