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Home My WebLink AboutCSS 2026-04-27 Item 1C - Ordinances - Park Rules & Regulations Updates / Repeal Foster Golf Link FeesCity of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator AGENDA BILL ITEM NO. 1.C. Agenda Item Sponsor Legislative History Recommended Motion Ordinances: Park Rules Update (TMC 12.08) and Foster Golf Link Fees (TMC 12.12) Kris Kelly, Deputy Director, Parks & Recreation Department April 27, 2026 May 11, 2026 May 18, 2026 Community Services & Safety Committee Committee of the Whole Regular Consent Agenda ❑ Discussion Only ❑x Action Requested MOVE TO adopt the proposed ordinances amending Tukwila Municipal Code Chapter 12.08 (Park Rules and Regulations) and repealing Tukwila Municipal Code Chapter 12.12 (Foster Golf Link Fees) EXECUTIVE SUMMARY The Parks and Recreation Department is proposing amendments Tukwila Municipal Code (TMC) Chapters 12.08 and 12.12, by nature of already being recorded in statute, require ordinance adopted by City Council for any amendments or repeal. Department staff are requesting: 1. Adoption of the proposed ordinance amending TMC Chapter 12.08 (Park Rules) 2. Adoption of the proposed ordinance repealing TMC Chapter 12.12 (Foster Golf Link Fees) DISCUSSION TMC Chapter 12.08 (Parks Rules) Ordinance Chapter 12.08 of the TMC covers Parks Rules and Regulations regarding a wide range of topics such as park hours, restrictions on usage of fireworks, charcoal grills, or motor vehicles in parks, commercial activities in parks, and more. This chapter of the TMC was last updated over a decade ago in 2015 via Ordinance 2476. Department staff, to better provide parks and recreation services to community members, determined that TMC Chapter 12.08 needed a full rewrite via the proposed ordinance. This rewrite aims to encapsulate the entirety of parks and recreation operations, rules of use, penalties for violations, and more in a single TMC chapter. Thus, staff is requesting passage of an ordinance that repeals TMC Chapter 12.08 as it currently exists and then subsequently re-enacts it with the updated language as proposed. TMC Chapter 12.12 (Foster Golf Links Fees) Ordinance This chapter of the TMC focuses entirely on the setting of greens fees for playing at Foster Golf Links, the public golf course operated by the City of Tukwila Parks and Recreation Department. The proposed amendment to TMC Chapter 12.08 (Parks Rules), contains a section titled "Setting of Fees and Charges" that simplifies the fee setting authority to be held by the Parks and Recreation Department Director. Therefore, passage of the proposed amendment to TMC Chapter 12.08 will make TMC Chapter 12.12 redundant, necessitating the proposed repeal of the chapter. FINANCIAL IMPACT Adoption of the proposed ordinances does not create any net general fund inflows and/or outflows. ATTACHMENTS A - PowerPoint presentation B - Proposed Ordinance: TMC Chapter 12.08 (Parks Rules) Amendment C - Proposed Ordinance: TMC Chapter 12.12 (Foster Golf Links Fees) Repeal 21 Proposed Amendments to the Tukwila Municipal Code Community Safety and Services Committee April 27, 2026 TUKWILA PARKS & RECREATION GOOD HEALTHY FUN Purpose of Park Rules • Ensures the safety and enjoyment of all park users • Designed to protect public health, safety and property • Promotes good behavior among park and facility visitors • Ensures Tukwila's parks are welcoming and an enjoyable space for everyone. • Helps maintain the quality of Tukwila's park and recreation facilities 23 Background • Tukwila Park Codes have not been updated in over 10 years • Reflects changes with visitor behavior, usage trends and recreation pursuits • Reflects current business practices • Better aligns with other code chapters and amendments • Establishes new Park Ranger, compliance tools and due process provisions • Reflects changes to State laws and correlates with Case law PARK^.ULES wrrtard.Narin rw6Yrd r pa..d norhor w e.e. enne weelownh «..e....,..v.rol op n. AnrAMO wooer t . odor/ um OM Me.ee praparry. erns. arts rod S.a.e. rprepay wapaMw the ladautrr wa.1MMIR d M ur part; • Lweinle NOM. II 4N G Aaiun%ploy oryyworot ,ring' Pr.... h..._tg brecr.d.... _ asirrnr�. ofaayaa.d re,... eft opt t. deg n.S.d ar.dpeeddoge. [M .eat rlpQy totept to [7e.10r0.l+....oks Ora.toar nnhw M dlrporad et ti de igruire drano& meptaclet. - loom* snowier, drank units, pony nd.s and otM. attrorelont .nyett avehwired by Cary. • tr.g+d.ng In commercial actryity, wept by pernn. • Attaching notices to yet.kaes or structure,. CausM.g darr.age to part property. . 'begat dumping. • Akohot or now orujr. Nunnng or hooting wildtrk. • Ampahed wand Ihat h plainly arad.hk frpm $o leer_ • Oyernighl Parking. Scheduled acrtntles through Tukwila parks & Recreation have priority of use. Some picnic shelters and balltulds may be re erved. for more Information, please [oMatt 206-767 1322. To "sport park maintenance hsoes or reoccurring tonterns, please all206-433-71ST. To report illegal or suspicious activity, or park violations Ihat are happening NOW. please call 911. TU KW l LA ?AIM t. kJ[ !UNION 24 Proposed Amendments • Reflects latest guidance from Washington Cities Insurance Authority (WCIA), the City's risk pool • Modeled after other local jurisdictions, including: • City of Auburn • City of Kirkland • City of Mercer Island • City of Tacoma • City of Everett • Snohomish County • City of Seattle • Includes City Attorney review & consultation TUKWILA PARKS & RE REAT 10N GOOD HEALTHY FUN 25 Chapter 12.04 Parks and Recreation Open Space Plan • Housekeeping Changes • Removes a date reference to the PROS Plan • Removes reference to a Six Year Master Plan for Foster Golf Course TUKWILA PARKS & RECREAT10N GOOD HEALTHY FUN 26 Chapter 12.08 Park Rules and Regulations • Rescind and Replaces the existing Park Code with new provisions • Adds new definitions- park, micromobility device, park ranger, vehicle, etc. • Sets authorities and responsibilities- Parks & Recreation Director, Park Ranger • Addresses park use permitting, destruction of park property, smoking/vaping, disposal of trash, animal control, fires and fireworks, vehicles and micromobility devices, fee setting, gifts and donations, advertising, naming and sponsorship, park hours, etc. • Sets penalties for violations & enforcement methods TUKWILA • Authority to establish a code of conduct & appeals • - ' PARKS &RECREATION GOOD HEALTHY FUN '''' 27 Chapter 12.12 Foster Golf Links Fees • Rescinds the Chapter • No longer necessary- fee setting authority addressed in Chapter 12.08 TUKWILA PARKS & RECREAT1ON GOO❑ HEALTHY FUN • 28 Summary of Public Comments Written public comment period March 12-30: (2) Respondents - (1) Facebook. (1) Microsoft Form Chapter 12.04 Parks, Recreation and Open Space Plan: Microsoft Form (Respondent 1): "I think it's good to have some sort of guidance on when the plan should be reviewed and adjusted. That could be a suggestion, not a mandate. Imagine the worst case scenario, like a Parks/Planning team who doesn't ever want to look at anything critically or make changes/updates for decades." 04.040 Six -Year Master Plan for Foster Golf Course: Microsoft Form (Respondent 1): "Again, it seems fine if there's guidance on reviewing and updating the PROS plan." Chapter 12.08 Park Rules and Regulations: Microsoft Form (Respondent 1): "Yes, I think updating rules every so often is smart" Facebook Post (Respondent 2): "This is bad. Chapter 12.08 Park Rules and Regulations is just the city adding more Unnecessary rules and regulations and giving them the ability to enforce things. Like you cant do a protest in a park without a permit or even fly a drone. This is a step toward controlling the people more when you already have control. Let people fly drones at parks. Oh and you cant even use a sling shot, didn't know that. Oh and they can post all this in conspicuous spots, instead of bout in the open space." Chapter 12.12 Foster Golf Links: • Microsoft Form (Respondent 1): No feedback other than it's important to keep golf affordable, especially for people who have lower incomes and are most impacted by the inflation of necessities. Will that be the outcome of this rule change? TUKWILA PARKS & RECREATION GOOD HEALTHY FUN 29 Process Summary • March 11 Initial overview by Parks Commission • March 12-30 Written public comment period • Website; email; social media channels • March 27-March 31 • Summarize public comments • Revise the draft TMC amendments • April 8- Parks Commission Meeting • Final TMC Amendments- recommendation to City Council • April 27- Community Services and Safety Committee • Review recommended TMC Amendments- recommend moving forward to COW We are here • May 11- Committee of the Whole • Review recommended TMC Amendments- recommend adoption • May 18- Council Regular Meeting • Adoption of proposed TMC amendments • June 1- Effective Date • 30 TUKWILA PARKS & RECREATION GOOD HEALTHY FUN 31 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO PUBLIC SAFETY; REPEALING ORDINANCE NO. 2476 AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) CHAPTER 12.08, THEREBY ELIMINATING TMC CHAPTER 12.08 IN ITS ENTIRETY; REENACTING TMC CHAPTER 12.08; TO UPDATE PARK RULES AND REGULATIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHNG AN EFFECTIVE DATE. WHEREAS, the City has developed parks and trails for the enjoyment and recreation of all community members; and WHEREAS, it is necessary that rules and regulations be adopted governing operation, use and conduct in public parks with the City of Tukwila; and WHEREAS, the Park Rules and Regulations were last updated over 10 years ago, and City staff, including representatives of the Tukwila Police Department and City Attorney's Office, have worked collaboratively with Parks and Recreation staff to review and develop updates to Chapter 12.08 of the Tukwila Municipal Code (TMC), to address emerging public safety issues; and WHEREAS, on March 11, 2026 and April 8, 2026, the City of Tukwila's Park Commission discussed and recommended the proposed amendments to the City Council for consideration; and WHEREAS, the Parks and Recreation Department, after taking and reviewing public comments upon the proposed amendments during a two -week period in March, 2026, recommend City Council adoption of the substantive changes entailed in the proposed amendments; and WHEREAS, the City Council desires to amend park rules and regulations to properly address the use of public parks and trails and to further the safety, health and welfare of its users; 2026 Legislation: TMC 12.08 Park Rules Version: 4/20/26 Staff: P. Mayer Page 1 of 4 32 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Findings of Fact. The City Council hereby adopts the foregoing recitals and incorporates them herein as support for this ordinance. Section 2. Repealer. Ordinance No. 2476, as codified in TMC Chapter 12.08, "Park Rules and Regulations," is hereby repealed, thereby eliminating this chapter in its entirety. CHAPTER 12.08 Sections: 12.08.005 Police Power 12.08.010 Definitions 12.08.020 Motorizcd Vehicles 12.08.030 Fircworks or Fir arm Discharge 12.08.040 Fires 12.08.050 Charcos 12.08.060 Smoking 12.08.070 Amusement Attractions 12.08.080 Soliciting, Concessions, Commercial Activities 12.08.090 Trail Use 12.08.100 Facilities Use Reservations 12.08.120 Violation Penalty Section 3. TMC Chapter 12.08 Reenacted. TMC Chapter 12.08 of the TMC is hereby reenacted to read as follows: CHAPTER 12.08 PARK RULES AND REGULATIONS Sections: 12.08.010 Chapter Constitutes Park Code 12.08.020 Exercise of Police Powers 12.08.030 Definitions 12.08.040 Authority and Responsibility of Parks and Recreation 12.08.050 12.08.060 12.08.070 Director Authority of Park Ranger Permits — Generally Permits — Assemblies, Entertainment, Etc. 12.08.080 Soliciting 12.08.090 Busking 12.08.100 Public Disturbance Noises 12.08.110 Signs, Posters, and Notices 12.08.120 Destruction of Park Property 12.08.130 Intoxicating Liquors and Marijuana 12.08.140 12.08.150 2026 Legislation: TMC 12.08 Park Rules Version: 4/20/26 Staff: P. Mayer Smoking and Vaping in Parks Prohibited Damage or Removal of Plants Prohibited Page 2 of 4 33 12.08.160 Disposal of Trash 12.08.170 Animal Control 12.08.180 Molesting or Feeding Wildlife or Non -Domesticated 12.08.190 12.08.200 12.08.210 Animals Damage by Animals Prohibitions as to Boating, Fishing, and Swimming Boats and Beaches 12.08.220 Fires 12.08.230 Use of Certain Equipment 12.08.240 Fireworks or Firearm Discharge 12.08.250 Vehicle and Micromobility Device Standards 12.08.260 Setting of Fees and Charges 12.08.270 Gifts, Bequests, and Donations 12.08.280 Advertising, Sponsorship, and Naming Rights 12.08.290 Camping 12.08.300 No Structures in Parks; Exceptions 12.08.310 Opening and Closing Hours, No Use of Parks When 12.08.320 12.08.330 12.08.340 Closed; Exceptions Emergency Conditions Aiding and Abetting Violations Penalty for Violations 12.08.350 Authority to Adopt a Code of Conduct 12.08.360 Park Safety- Enforcement 12.08.370 Severability Section 4. Chapters Established. All chapters of TMC Chapter 12.08 are hereby established to read as referenced in Exhibit A. Section 5. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 7. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2026. 2026 Legislation: TMC 12.08 Park Rules Version: 4/20/26 Staff: P. Mayer Page 3 of 4 34 ATTEST/AUTHENTICATED: Andy Youn-Barnett, CMC, City Clerk Thomas McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Exhibit A: Reenacted TMC Chapter 12.08, "Park Rules and Regulations" 2026 Legislation: TMC 12.08 Park Rules Version: 4/20/26 Staff: P. Mayer Page 4 of 4 35 CHAPTER 12.08 PARK RULES AND REGULATIONS Sections: 12.08.010 Chapter Constitutes Park Code 12.08.020 Exercise of Police Powers 12.08.030 Definitions 12.08.040 Authority and Responsibility of Parks and Recreation Director 12.08.050 Authority of Park Ranger 12.08.060 Permits — Generally 12.08.070 Permits — Assemblies, Entertainment, Etc. 12.08.080 Soliciting 12.08.090 Busking 12.08.100 Public Disturbance Noises 12.08.110 Signs, Posters, and Notices 12.08.120 Destruction of Park Property 12.08.130 Intoxicating Liquors and Marijuana 12.08.140 Smoking and Vaping in Parks Prohibited 12.08.150 Damage or Removal of Plants Prohibited 12.08.160 Disposal of Trash 12.08.170 Animal Control 12.08.180 Molesting or Feeding Animals 12.08.190 Damage by Animals 12.08.200 Prohibitions as to Boating, Fishing, and Swimming 12.08.210 Boats and Beaches 12.08.220 Fires 12.08.230 Use of Certain Equipment 12.08.240 Fireworks or Firearm Discharge 12.08.250 Vehicle and Micromobility Device Standards 12.08.260 Setting of Fees and Charges 12.08.270 Gifts, Bequests, and Donations 12.08.280 Advertising, Sponsorship, and Naming Rights 12.08.290 Camping 12.08.300 No Structures in Parks; Exceptions 12.08.310 Opening and Closing Hours, No Use of Parks When 12.08.320 12.08.330 12.08.340 12.08.350 12.08.360 12.08.370 Closed, Exceptions Emergency Conditions Aiding and Abetting Violations Penalty for Violations Authority to Adopt a Code of Conduct Park Safety- Enforcement Severability 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Version: 4/20/26 Staff: P. Mayer Page 1 of 13 36 12.08.010. Chapter Constitutes Park Code. This chapter shall constitute the Park Code of the City of Tukwila and may be cited as such. Conduct in all public parks shall be subject to all applicable provisions of the Tukwila Municipal Code, the general police regulations of the City of Tukwila, and rules adopted by the Parks and Recreation Department and not exclusively to the provisions of this chapter. 12.08.020. Exercise of Police Powers. This chapter is hereby declared to be an exercise of the police power of the State of Washington, the City of Tukwila, and the Parks and Recreation Department for the public peace, health, safety, and welfare, and its provisions shall be liberally construed. 12.08.030. Definitions. A. "Busk" is the act of performing in a public area for voluntary donations, including, but not limited to, the following activities: acting, singing, playing musical instruments whether amplified or not, pantomime, juggling, magic, dancing, and reciting. This does not include the production of items for sale. B. "Busker" means a person who has obtained a permit pursuant to this chapter. C. "Civil infraction" has the meaning given that term by chapter 7.80 RCW, the Infraction Rules for Courts of Limited Jurisdiction and any local rule adopted thereto by the Tukwila Municipal Court. D. "Camp" means to pitch, use or occupy camp facilities for the purposes of habituation, living accommodation, or dwelling as evidenced by the storage of personal belongings in "camp facilities" or the use of "camp paraphernalia", or as further defined in the Tukwila Municipal Code. E. "Camp facilities" include, but are not limited to, tents, huts, temporary shelters, or vehicles if said vehicle is being used as a temporary living quarters. "Camp facilities" does not include shelters when used temporarily in a park for recreation or play during hours when the park is open to the public, or as further defined in the Tukwila Municipal Code. F. "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or non -city designated cooking facilities or similar equipment, or as further defined in the Tukwila Municipal Code. G. "Director" means the Director of the Parks and Recreation Department of the City of Tukwila or their designee. H. "Drones" or "Unmanned Aircraft Systems" (UAS) or "Unmanned Aerial Vehicle" (UAV) means a powered, aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, and can fly autonomously or be piloted remotely. The vehicle may be expendable and recoverable. I. "Micromobility device" means a personal transportation device such as bicycles, scooters, skateboards, roller skates, roller blades, unicycles, mono wheel devices, surreys, electric personal assistive mobility devices (EPAMD) and electric motorized foot scooters. A micromobility device includes all human powered devices, including devices 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Version: 4/20/26 Staff: P. Mayer Page 2 of 13 37 powered by more than one person, and devices that are powered by an electric motor that is capable of propelling the device with or without the assistance of human propulsion. J. "Park" means and includes all parks, squares, drives parkways, docks, piers, boulevards, golf courses, beaches, ponds, fountains, aquatic facilities, spray grounds, playgrounds, recreation areas, community centers, museums, shelters, restrooms, athletic fields and facilities, trails, paths or open spaces, or parking Tots associated with any park within the City limits and any other facilities either improved or unimproved, that are owned by the City of Tukwila, or under the management and control of the City of Tukwila. K. "Park Ranger" shall mean a city employee who has been deputized by the Chief of Police with a special commission that has limited authority to enforce specific state laws and local ordinances to provide resource protection; enforce park rules, regulations and other applicable city, county and state laws; assist visitors; conduct Tight maintenance; monitor for damage or hazards; and provide education and outreach. L. "Park rule" means those particular rules enumerated here, and/or subsequently implemented, including rules, regulations and/or codes of conduct the Director of Parks and Recreation has adopted and has designated, by rule, as those for which a violation may lead to exclusion from a park under Sections 12.08.320, 12.08.330, 12.08.340, 12.08.350, and 12.08.360. M. "Permit" means an authorization for the use of parks and recreation facilities that impose conditions on the permittee in addition to those conditions imposed on the general public. N. "Recreation program" means any program or activity conducted, sponsored, or assisted by Tukwila Parks and Recreation, whether or not it occurs in a park. O. "Sound -producing source" means anything that is capable of making sound. Sound -producing source includes, but is not limited to the conditions stipulated in TMC 8.22.010 or as subsequently amended. P. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location, or as further defined in the Tukwila Municipal Code. Q. "Structure" means any structure or shelter, including but not limited to any temporary makeshift dwelling units, lean-tos, shacks and/or trailers, comprised of tree branches, wood, plastic, metal, nylon, tarp or any other materials. R. "Vape" or "Vapinq means the use of any kind of vapor product. S. "Vapor product" means any noncombustible product containing solution or other consumable substance, regardless of whether it contains nicotine, which employs a mechanical heating element, battery, or electronic circuit regardless of shape or size that can be used to produce vapor from the solution or other substance, including an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. T. "Vehicle" shall have the meaning set forth in RCW 46.04.670 as currently enacted or hereafter amended and shall also include (1) trailers, including trailers designed to be towed behind any vehicle, and (2) any personal transportation device such as bicycle, 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Version: 4/20/26 Staff: P. Mayer Page 3 of 13 38 scooters, skateboards, unicycles, surreys or mono wheel devices that are powered by an internal combustion engine that is capable of propelling the device with or without human propulsion. A micromobility device is not a vehicle. 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. 12.08.040. Authority and Responsibility of Parks and Recreation Director. A. The Parks and Recreation Department shall have all the powers to perform all the duties provided by the laws of the state relating to park and recreational departments in cities under the Optional Municipal Code. The Parks and Recreation Department shall have the manaqement of the park, golf, trail, open space and recreation system and the administration of the rules and regulations provided by the Mayor and City Council for the management of municipal parks, golf and recreation areas. B. The Director shall have the power 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. 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 of Parks and Recreation. 12.08.050. Authority of Park Ranger. A Park Ranger is authorized to enforce provisions of the Tukwila Municipal Code, the general police regulations of the City of Tukwila, laws of the state of Washington, and rules adopted by the Parks and Recreation Department, consistent with and limited to their special commission from the Chief of Police. 12.08.060. Permits — Generally. Permits, when required by this Chapter, shall be applied for through the Director unless otherwise specified. The granting, denying or revocation of permits shall be based upon the policies and standards set forth in this chapter and the rules of the Director, as now or hereafter amended, which are incorporated herein as though fully set forth. Where fees are required by the Director for the issuance of permits, payment of such fees will be required before permits are issued. All permits issued hereunder shall be subject to other applicable Tukwila Municipal Code provisions, City ordinances, and Parks and Recreation Department rules. The persons to whom such permits are issued ("permittees") shall be bound by said code, ordinances, and rules as fully as though the same were contained in such permits. A permittee shall be liable for any loss, damage, or injury sustained by any person by reason of the negligence, unlawful or wrongful conduct of the permittee, as well as for any breach of such code, ordinances, or rules, to the person or persons so suffering a loss, damage, or injury. Any person claiming to have a permit issued hereunder must produce and exhibit such permit upon the request of any authorized person who may desire to inspect the same. 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Version: 4/20/26 Staff: P. Mayer Page 4 of 13 39 12.08.070. Permits — Assemblies, Entertainment, Etc. Any person who conducts or participates in any organized entertainment, demonstration, or public gathering in any park shall obtain a permit from the Director. The procedure for application and consideration of permits for this purpose is as follows: A. Any person seeking to obtain a permit shall file a written application with the Director no later than one month prior to the date of the proposed use. The application shall state the purpose for which the park would be used, the date and time of the proposed use, the name of the park and the area thereof that would be used, the anticipated number of persons who would be present, and such other information reasonably relating to the contemplated use as the Director may require; provided, however, that said Director may, for good cause shown, waive the one -month requirement for filing said application. B. When the proposed use is an exercise of rights protected by the First and Fourteenth Amendments to the United States Constitution, or Article I, Section 3, 4, 5, or 11 of the Washington Constitution, the application shall be processed promptly, without charging a fee for political or religious activities other than a fee based on the cost of processing the application, or imposing terms or conditions that infringe constitutional freedoms, and in a manner that respects the liberties of applicants and the public. C. If, under the conditions set forth in subsection A of this section, the Director finds after an investigation that the safety, comfort, and convenience of the public in the use of the parks, or in the usage of the area adjacent to the park, would be unduly disturbed, they may deny the application, may impose restrictions upon the permit, or may issue a permit for a different date, time, park, or park area so as to alleviate such burden. The Director may issue a permit for use of the park during hours when the park is closed if they approve the application. 12.08.080. Soliciting. It is unlawful for any person to solicit, sell, or peddle any goods, services, wares, merchandise, liquids or edibles for human consumption in any park, except by permit issued by the Director. 12.08.090. Busking. A. Permit required. A busker shall obtain and display a permit at all times while performing in a park. A busking permit may be suspended or revoked if the busker violates any provision of this chapter or any permit regulation. A busking permit shall be nontransferable and shall remain the property of the city. Each member of a group of performers shall be required to obtain a busking permit. B. The Public Works Department Director is authorized and directed to adopt and promulgate rules as deemed necessary for the permitting of busking on sidewalks and rights -of -way as defined in this chapter. C. Prohibitions and restrictions. 1. It is unlawful for any person to busk in any park, sidewalk and rights -of -way without first obtaining a permit. 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Version: 4/20/26 Staff: P. Mayer Page 5 of 13 40 2. A busker shall not block the passage of the public through a park, sidewalk or public rights -of -way. If a sufficient crowd gathers to see or hear a busker such that the passage of the public through a public area is blocked a City of Tukwila employee, park ranger or police officer may disperse that portion of the crowd that is blocking the passage of the public. A busker shall not be asked to leave the location unless all other means of restoring the public safety or order have been exhausted. 3. A busker shall not perform in a park, sidewalk or public rights -of -way so as to obstruct access to private property, except with the prior consent of the owner or manager of the property. 4. No busker shall use profane, obscene, or lewd language or imagery while performing. 5. No busker may generate noise that is in excess of the permissible sound levels as defined in TMC Section 8.22.050 or as otherwise exempted pursuant to TMC Section 8.22.100. 12.08.100. Public Disturbance Noises. A. Noise in parks and penalties for violations is regulated by TMC Chapter 8.22 as now enacted or as subsequently amended, except that permitted events must comply with the standard set forth herein. B. The use of public address systems or other sound -amplifying devices must be approved by specific permit. C. It is a violation to use a public address or sound -amplifying device in a park without a permit. 12.08.110. Signs, Posters and Notices. A. It is unlawful for any person, without prior written permission of the Director or otherwise consistent with regulations established by the Director consistent with this section, to attach any notice, bill, poster, siqn, wire, rod or cord to any tree, shrub, railing, post or structure within any park. B. It is unlawful for any person, without prior written permission of the Director or otherwise consistent with regulations established by the Director consistent with this section, to use, place or erect any signboard, sign, billboard, bulletin board, post, pole, or device of any kind for advertising in any park, whether permanent or temporary. 12.08.120. Destruction of Park Property. It is unlawful for any person to damage or destroy any real or personal property within a park or to physically interfere with any City of Tukwila employee in the discharge of their duties within a park. 12.08.130. Intoxicating Liquors and Marijuana. A. The display, possession, or consumption of intoxicating liquors in any park is prohibited, except in particular areas or facilities which may be expressly designated from 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Version: 4/20/26 Staff: P. Mayer Page 6 of 13 41 time to time by the Director. The penalty for any violation of this section shall be as set forth in RCW 66.44.100, as currently enacted or as subsequently amended. B. The opening of a package containing marijuana, useable marijuana, marijuana - infused products, or marijuana concentrates, or consuming marijuana, useable marijuana, marijuana -infused products, or marijuana concentrates, in any park is prohibited. "Marijuana" means marijuana as defined by RCW 69.50.101 as now or hereafter amended. The penalty for any violation of this section shall be as set forth in RCW 69.50.445, as now enacted or as subsequently amended. C. Whenever any person is stopped for a violation of this section, the officer may detain that person for a reasonable period of time necessary to identify the person and check for outstanding warrants. 12.08.140. Smoking and Vping in Parks Prohibited. It is unlawful for any person to smoke or vape any product derived from or containing nicotine within a park, unless the product has been approved by the United States Food and Drug Administration as a tobacco cessation product, such as transdermal nicotine patches, nicotine gum and nicotine lozenges, or for the other medically approved purposes and is being used for that approved purpose. For the purposes of this section, "smoke" or "smoking" means the carrying, holding, or smoking of any kind of pipe, cigar, cigarette, or any other object that is lighted and used for smoking. 12.08.150. Damage or Removal of Plants Prohibited. Unauthorized cutting, removal, or destruction of any turf, tree, plant, shrub, flower, or seaweed on park property is prohibited. While inside any park, having in one's possession any newly -plucked branch, tree, flower, plant, fungus (mushrooms, shelf fungus, etc.), algae (seaweed, etc.), or shrub without specific permission shall be presumptive evidence of such unauthorized cutting, removal, or destruction. 12.08.160. Disposal of Trash. No person shall throw or leave litter, garbage, trash, or yard waste in or at a park except in a receptacle provided for that purpose. No person shall deposit on any park property any household or commercial garbage, refuse, or rubbish which is brought as such from any private property. The penalty for violation of this section shall be as set forth in TMC Section 8.80.020. 12.08.170. Animal Control. A. Unless in a designated off -leash area, animals must be on a leash no longer than eight feet or secured inside a vehicle and are not allowed to enter ponds, fountains, spraygrounds, or any play area designed to utilize water in any park. Animals of any other type are not permitted in any park unless first approved by the Director, except for service animals, as defined in RCW 9.91.170. B. Any person with an animal in their possession shall be responsible for the conduct of the animal. 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Version: 4/20/26 Staff: P. Mayer Page 7 of 13 42 C. The Director may prohibit animals, except for service animals as defined in RCW 9.91.170, from events and/or facilities within a park. D. All provisions of Title 7 of this code remain in full force and effect in all parks and may be enforced by any police officer, park ranger or animal control officer. 12.08.180. Molesting or Feeding Wildlife or Non -Domesticated Animals. No person shall molest or harass any wildlife or non -domesticated animal in a park. It shall be unlawful for any person to give, offer, or attempt to give to any wildlife or non - domesticated animal within a park any tobacco, drink, or other substance known to be dangerous or noxious to wildlife or non -domesticated animals. It is also unlawful to feed any wildlife or non -domesticated animal in a park, except as authorized by the Director. 12.08.190. Damage by Animals. Owners of dogs or other animals damaging or destroying park property will be held liable for the full value of the property damaged or destroyed, in addition to impounding fees and the penalty imposed for violation of these provisions. 12.08.200. Prohibitions as to Boating, Fishing, and Swimming. It is unlawful for any person to boat, fish, wade, swim, scuba dive, snorkel, or bathe in any park except in the places and at times designated by the Director. 12.08.210. Boats and Beaches. No dock or any other structure shall be built upon any beach unless expressly authorized. Launching or landing of waterborne craft from any shoreline within the limits of any park is prohibited, except in an emergency involving rescue or lifesaving, in specifically designated areas or with a specific permit issued by the Director. The launching or landing of waterborne craft, as provided in this section, shall be unlawful if any required fee, as determined by the Director, has not been paid. 12.08.220. Fires. Fires are prohibited except in picnic stoves installed under the authority of the Director or in portable barbeques. Fires in any other facility or area are allowed only by special permit. Fires in picnic stoves or portable barbeques may only utilize propane or charcoal briquettes as fuel; all other fuel sources, including wood, are specifically prohibited. Portable barbeques may be utilized only for cooking food. Briquettes must be completely extinguished and properly disposed of or removed from the park. The Director may further restrict the use of barbeques within any park, provided that signs are installed to notify patrons of the restrictions 12.08.230. Use of Certain Equipment. A. It is unlawful for any person to erect any inflatable structure or attraction including, but not limited to, bounce houses, dunk tanks, horse/pony/mule rides, etc.; use a slingshot, bow and arrow, beanshooter, paintball gun or similar implement or equipment; operate any hot air balloon, sky lantern or other device that uses a flame for lift or 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Version: 4/20/26 Staff: P. Mayer Page 8 of 13 43 propulsion or other similar implement; or use golf or archery equipment in or upon any park; except that golf and archery equipment may be used in areas specifically designated for that use, or as otherwise authorized by the Director. B. It is unlawful to practice or play golf, baseball, tennis, soccer, or other games of like character, or to hurl or propel any projectile or missile into or over any park, except in areas specifically designated for that use. It is unlawful to operate motorized model aircraft, drones, unmanned aircraft systems (UAS), unmanned aerial vehicle (UAV), motorized models such as cars, cycles, trucks, or watercraft in any park, except as specifically designated for that use or as otherwise authorized by the Director. 12.08.240. Fireworks or Firearm Discharge. It is unlawful to carry, shoot, fire, or explode any fireworks or explosives of any kind in any park and it is unlawful to shoot, fire or explode any firearm, air gun, B.B. or pellet gun in any park. 12.08.250. Vehicle and Micromobilitv Device Standards. A. It is unlawful to enter or leave a park by vehicle and micromobility devices by other than established entrances and exits. B. Vehicles are prohibited in any park, except on roads intended for the movement of public vehicular traffic, or on roads specifically designated and signed for such use. C. Micromobility devices are permitted on roads, sidewalks, paths or trails in any park unless otherwise prohibited and signed for the particular micromobility device(s) being prohibited. D. The parking of vehicles in any park is prohibited except in established parking areas. It is unlawful to park along roadways if the normal flow of traffic is impeded or if parking causes conditions that are hazardous to public safety. Any vehicle that is impeding traffic or is illegally parked may be impounded. E. No person shall service, wash, wax, or change the oil of any vehicle within a park. F. It is unlawful to engage in, conduct, or hold any trials or competitions for speed, endurance, or hill climbing involving any vehicle, boat, aircraft, micromobility device, or animal in any park without specific permit. G. All vehicles and micromobility devices shall obey the posted speed limits and all other regulatory signs 12.08.260. Setting of Fees and Charges The Director is authorized to charge fees for entering parks, parking, programs, activities, services, and permits as well as for the use of City Park and Recreation facilities as established by city Ordinances, Resolutions, park rules, and policies as now exist or are hereafter amended. The Director is also authorized to waive or reduce such fees, establish experimental rates and engage in special promotional and marketing activities. All fees and charges shall remain in effect unless they are repealed, superseded or amended by Council or department action. Fees, rates and charges and amendments thereto shall be publicly posted on the City's website, publicly posted at Tukwila 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Version: 4/20/26 Staff: P. Mayer Page 9 of 13 44 Community Center, Foster Golf Course and filed with the City Clerk. Whenever a fee is paid for the use of Department facilities or property or for participation in a Department sponsored class, program, or service and no use or rights have been exercised pursuant thereto and application is made for refund, the Director may authorize such fee refunded. 12.08.270. Gifts, Bequests and Donations. Pursuant to TMC Chapter 3.36, as currently enacted or as subsequently amended, and upon delegation by the Mayor, the Director may solicit and accept from the general and business communities, non-profit organizations and all other persons, gifts, bequests and donations to the City of, or in support of, Parks and Recreation facilities, services and programs. The Director shall assure that expenditures from the gift, bequest or donation are consistent with the terms, if any, requested by the grantor. Unless otherwise promulgated by ordinance, policy or rule, the Mayor or their designee shall promulgate appropriate administrative rules, policies and/or standard operating procedures regarding the acceptance of gifts, bequests donations. 12.08.280. Advertising, Sponsorship and Naming Rights. Pursuant to TMC Chapter 3.36, as currently enacted or as subsequently amended, and upon delegation by the Mayor, the Director may negotiate and enter into advertising, sponsorship and naming rights agreements for the purpose of providing financial support for Parks and Recreation facilities, services and programs. Unless otherwise promulgated by ordinance, policy or rule, the Mayor or their designee shall promulgate appropriate administrative rules, policies and/or standard operating procedures regarding advertising, sponsorship and naming rights. 12.08.290. Camping. A person commits the offense of unlawful camping in a park if they camp in any park pursuant to TMC Chapter 8.41 except as otherwise provided by ordinance, park rule, or as permitted and so designated by signs. 12.08.300. No Structures in Parks; Exceptions. A. It is unlawful to erect, maintain, use or occupy any structure within a park, except as permitted under TMC Chapter 8.41. B. This section shall not apply to: 1. Any structure erected installed or placed within a park by the owner or operator of the park or as expressly authorized by the Director. 2. A temporary structure that has only a roof and no walls. 12.08.310. Opening and Closing Hours, No Use of Parks When Closed; Exceptions. A. Parks are considered open one-half hour before sunrise and closed one-half hour after sunset, unless otherwise expressly determined by the Director or otherwise posted at the park. Any person entering or remaining in a park when it is closed is subject to arrest and prosecution for criminal trespass. Any vehicle remaining in a park when the 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Version: 4/20/26 Staff: P. Mayer Page 10 of 13 45 park is closed may be impounded and any personal property or structure remaining in a park when the park is closed may be removed. B. The Director may extend open hours for sanctioned events or uses, but only that portion of a park specified by the Director will be open beyond normal hours; other areas of such a park shall remain closed. C. This section shall not apply to: 1. Starfire Sports facility or any other concessioned or leased facility constructed and operated in a park, or as otherwise specified by the Director. 2. Police Officers, Park Rangers or other Park employees while on -duty. 3. Sidewalks that are within the right-of-way of a public street, when the street is not within the boundaries of a park. 12.08.320. Emergency Conditions. A. In case of an emergency, or in case where life and property are endangered, all persons, if requested to do so by the Director or other City of Tukwila employee, Park Ranger or a Police Officer, shall depart from the portion of the grounds specified by such employee, Ranger or Officer, and shall remain off the same until permission is given to return. B. Any person who remains on park property after being required to leave by a City of Tukwila employee, Park Ranger or by a Police Officer, or who returns to the park without permission, is guilty of criminal trespass pursuant to Chapter 9A.52 RCW, TMC Chapter 8.23 and/or TMC Section 8.40.040. Any juvenile violating this section may be arrested and prosecuted under chapter 9.52 RCW, as currently enacted or hereafter amended. 12.08.330. Aiding and Abetting Violations. Anyone concerned in the violation 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, is and shall be a principal under the terms of this chapter and shall be proceeded against and prosecuted as such. 12.08.340. Penalty for Violations. Unless specifically designated to be enforced pursuant to other law, including, but not limited to, state law or another section, chapter, or title of the Tukwila Municipal Code, any violation of this chapter shall constitute a civil infraction, not including statutory assessments. Each civil infraction shall carry with it a monetary penalty of $100.00 for the first violation, $175.00 for a second violation of the same nature or a continuing violation, and $250.00 for a third or subsequent violation of the same nature or a continuing violation. Such penalty is in addition to any other remedies or penalties provided by law including, but not limited to, another section, chapter, or title of the Tukwila Municipal 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Version: 4/20/26 Staff: P. Mayer Page 11 of 13 46 Code or the Revised Code of Washington. For each act herein prohibited of a continuing nature, each day shall be considered a separate offense. 12.08.350. Authority to Adopt a Code of Conduct. The use and enjoyment of parks are enhanced when patrons abide by a code of conduct that promotes health and safety, that requires respect for the rights and needs of others, and that requires respect for the park property. The Director may adopt a code of conduct that regulates any activity or behavior in parks to protect the public's health and safety, to promote respect for the rights and needs of others, and to preserve park property. Said code of conduct will be posted at Park and Recreation facilities, parks and trailheads, and other program/service locations. The Director may also include within the code of conduct criteria to determine the length of any exclusion notice issued pursuant to TMC Chapter 8.23 and TMC Section 8.40.040. 12.08.360. Park Safety — Enforcement 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. 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 Department 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. C. Responsibilities. Park safety is the responsibility of both the Tukwila Police Department and the Parks and Recreation Department. Specific responsibilities include the following: 1. Parks and Recreation Department: (a) Enforcing Park rules and rules of conduct set forth in the ordinance for which department personnel have appropriate authority. (b) Developing and implementing public awareness programs regarding the purpose of parks, trails and recreation facilities, programs, activities and services and the rules governing their use. (c) Encouraging voluntary compliance with rules based on awareness. (d) Training department personnel in the appropriate use of administrative sanctions as a means of park rule enforcement. (e) Notification of Tukwila Police Department officers who have primary jurisdiction whenever department personnel observe violations of park rules requiring 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Version: 4/20/26 Staff: P. Mayer Page 12 of 13 47 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. 2. Tukwila Police Department: (a) Issuing a special commission and associated training of personnel authorized to issue citations for infractions and misdemeanor offenses. (b) Providing supplementary patrols in parks, facilities and during events, activities and programs as jointly determined by the Director and Chief of Police. (c) Responding, as appropriate, to requests from department personnel for assistance in situations beyond their capacity or authority to act. D. Enforcement methods. 1. Enforcement Authority in Parks. In addition to any other enforcement authority, when any City employee, Park Ranger, or Police Officer has probable cause to believe that any person within a park has committed a crime as defined by the RCW or by the Tukwila Municipal Code, or has violated any ordinance, rule or regulation established by this park code or by Parks and Recreation Department, the Police Officer, Park Ranger or employee may: (a) Order such person to immediately leave the park and/or recreation program. Any person refusing to comply with such an order or returning to the park and/or recreation program on the same calendar day as such an order is subject to prosecution for criminal trespass pursuant to Chapter 9A.52 RCW, TMC Chapter 8.23 and/or TMC Section 8.40.040; and (b) Issue the person a trespass order prohibiting them from a park and/or recreation program for a specified period pursuant to TMC Section 8.23.030 as currently enacted or as subsequently amended. Persons receiving such an exclusion order who return to the park and/or recreation program within the exclusion period are subject to prosecution for criminal trespass pursuant to Chapter 9A.52 RCW, TMC Chapter 8.23 and/or TMC Section 8.40.040. 12.08.370. Severability. If any part, provision, or section of this chapter is held to be void or unconstitutional, all other parts not expressly so held shall continue in full force and effect 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Version: 4/20/26 Staff: P. Mayer Page 13 of 13 48 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2567 AND 2623 AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) CHAPTER 12.12; "FOSTER GOLF LINKS FEES" THEREBY ELIMINATING THIS CHAPTER IN ITS ENTIRETY; PROVIDING FOR SEVERABILITY; AND ESTABLISHNG AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2567, as codified in Tukwila Municipal Code Chapter 12.12 and subsequently amended by Ordinance No. 2623, establishes Foster Golf Links fee setting authority by the Director of Parks and Recreation and establishes various fee categories; and WHEREAS, Foster Golf Links' green fees help fund the operation, maintenance, and capital improvements at the City -owned golf course; and WHEREAS, to support comparability with current market rates and fee categories and align with relevant business plans and cost recovery policies, the City must be able to apply dynamic pricing to Foster Golf Links' green fees; and WHEREAS, on March 11, 2026, and April 8, 2026, the City of Tukwila's Park Commission discussed and recommended the proposed amendments to the City Council for consideration; and WHEREAS, the Parks and Recreation Department, after taking and reviewing public comments upon the proposed amendments during a two -week period in March, 2026, recommend City Council adoption of the non -substantive changes entailed in the proposed amendments; and WHEREAS, the City desires to integrate and align fee setting authority for all Parks and Recreation facilities, programs and services in Tukwila Municipal Code Chapter 12.08, "Park Rules and Regulations"; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: 2026 Legislation: Repeal TMC 12.12 FGL Version: 4/20/26 Staff: P. Mayer Page 1 of 3 49 Section 1. Repealer. Ordinance Nos. 2567 and 2623, as codified at TMC Chapter 12.12, "Foster Golf Links Fees," is hereby repealed, thereby eliminating this chapter in its entirety. CHAPTER 12.12. FOSTER GOLF LINK FEES Sections: 12.12.020 Residential Fee Eligibility 12.12.030 "Extra Holc" Charge 12.12.040 "Twilight" Fcc 12.12.050 "Wcckcnd" Fcc 12.12.060 "Winter" Fcc 1 1 070 Application of "Senior" F e 12.12.080 Application of "Junior" Fcc 12.12.090 "Promotional" Fcc 12.12.100 Inclusion of Taxcs in Green Fees Section 2. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2026. 2026 Legislation: Repeal TMC 12.12 FGL Version: 4/20/26 Staff: P. Mayer [signatures to follow] Page 2 of 3 50 ATTEST/AUTHENTICATED: Andy Youn-Barnett, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney 2026 Legislation: Repeal TMC 12.12 FGL Version: 4/20/26 Staff: P. Mayer Thomas McLeod, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 3 of 3 51