HomeMy WebLinkAboutCAP 2015-04-13 Item 2C - Ordinance - Park Rules and RegulationsCity of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs & Parks
FROM: Rick Still, Parks and Recreation Director
BY: Dave Johnson, Recreation Superintendent
DATE: April 8, 2015
SUBJECT: Park Rules and Regulations
ISSUE
Updated ordinance on Park Rules and Regulations
BACKGROUND
The Ordinance adopting rules and regulations for operation and use of City park properties was
originally adopted in 1973 (Ordinance #814) and can be found as Chapter 12.08 in the Tukwila
Municipal Code (TMC). The original ordinance has been updated 4 times since its adoption,
with the last update occurring in 1998. Since then, our Park system has grown, there have
been updates to State and Local laws, and use of our parks has changed.
DISCUSSION
The Parks and Recreation Department propose to update the Park Rules and Regulations
Ordinance so that that it properly addresses the use of public parks and furthers the safety,
health and welfare of its users. Staff briefed the Community Affairs and Parks Committee last
summer (see attached CAP Minutes from 6/10/2014) and has been working with the Park
Commission (see attached Park Commission minutes) as well as the City Attorney and Police
Department to develop the language.
We are proposing to strike a number of sections from the ordinance as they are either covered
under existing state law (Revised Code of Washington) or covered within other areas of the
TMC. We are also proposing to update some sections with new and /or clarifying language, as
well as add some new sections to address some previously uncovered topics. These are all
reflected in the attached Draft Ordinance.
The Park Rules sign will be updated to reflect these changes and will also include language for
items addressed elsewhere (state or local laws). Once these signs are installed, we will provide
a park sign inventory which shows location and type of signs posted in the parks.
RECOMMENDATION
It is the recommendation of the Parks & Recreation Department that the Community Affairs and
Parks Committee consider the updated Ordinance for adoption and forward this item to the
Committee of the Whole Meeting on April 27, 2015, and Regular Meeting on May 4, 2015.
ATTACHMENT
- Draft Ordinance
- Community Affairs and Parks Committee Minutes — 6/10/14
- Park Commission Minutes — 3/18/15, 2/18/15, 8/20/14, 5/21/14
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, REPEALING ORDINANCE
NO. 1850, AS CODIFIED AT TUKWILA MUNICIPAL CODE
CHAPTER 12.08; REENACTING TUKWILA MUNICIPAL
CODE CHAPTER 12.08 TO UPDATE PARK RULES AND
REGULATIONS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City has developed parks and trails for the enjoyment and
recreation of all citizens; and
WHEREAS, it is necessary that rules and regulations be adopted governing
operation, use and conduct in public parks within the City of Tukwila; 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;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance No. 1850 is hereby repealed in its entirety.
Section 2. TMC Chapter 12.08 Reenacted. Tukwila Municipal Code (TMC)
Chapter 12.08 is hereby reenacted to read as follows:
Sections:
12.08.005
CHAPTER 12.08
PARK RULES AND REGULATIONS
Park Property
1
Teasing, Annoying, Feeding of Any Animal Prohibited on Park
Property
Refuse Deposit
Police Power
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12.08.010 Definitions
12.08.020 Motorized Vehicles Operations
12.08.030 Fireworks or Firearm Discharge
12.08.040 Fires
12.08.050 Charcoal Grills
12.08.060 Tobacco Use by MinorsSmoking
12.08.070 Amusement Attractions
1.2.08.080 Soliciting, Concessions, Commercial Activities
12.08.090 Trail Use
12.08.100 Facilities Use Reservations
12.08.110 Park Hours
12.08.120 Violation — Penalty
12.08.010 Park Propeti
It is unlawful to remove, destroy, mutilate or deface any structure, monument, wall,
Recreation Director. Further, it shall be unlawful for any person to catch any fish at
12,4)&060—Refuse-Deposit
receptacles.
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Section 3. A new TMC Section 12.08.005 is hereby established to read as follows:
12.08.005 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.
Section 4. A new TMC Section 12.08.010 is hereby established to read as follows:
12.08.010 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.
2. "Park" means and includes all City -owned or operated parks and all areas
within the boundaries of such City parks, improved or unimproved trails or open spaces,
public squares, golf courses, beaches, play and recreation grounds, City -owned or
operated community centers, shelters, restrooms, athletic fields and facilities, or parking
lots associated with any park within the City limits.
3. 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.
Section 5. TMC Section 12.08.020 is hereby reenacted to read as follows:
12.08.020 Motorized Vehicles
Unless otherwise posted or approved by the Parks and Recreation Director, Tit is
unlawful to operate any motorized vehicles, motorcycle, in any C.i-ty
park except upon a paved roadway or parking lot., provided,
however, that the Parks Director may give written authorization for the operation of a
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Section 6. TMC Section 12.08.030 is hereby reenacted to read as follows:
12.08.030 Fireworks or Firearm Discharge
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 qun, bows and arrows, B.B. qun, 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.
Section 7. TMC Section 12.08.040 is hereby reenacted to read as follows:
12.08.040 Fires
It is unlawful to build any fire, except in devices designed and designated to contain
such fires and such designation is clearly defined by signs posted in such area. Fires
No open fires are
permitted unless authorized by the Parks and Recreation Director.
Section 8. A new TMC Section 12.08.050 is hereby established to read as follows:
12.08.050 Charcoal Grills
The use of charcoal for barbecues is not allowed except in devices designated by the
City and such designation is clearly defined by signs posted in such area. Charcoal
must be disposed of in designated charcoal receptacles.
Section 9. TMC Section 12.08.060 is hereby reenacted to read as follows:
1 12.08.060 Smoking
A: Minors under the age of 18 are prohibited from possessing, smoking or
otherwise using tobacco products on Tukwila public park property, at the Tukwila
facilities.
except as follows:
-1- The provisions in Chapter 16.63 RCW relating to the provision of records to
this section• and
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A. Persons should refrain from the use of any form of tobacco and electronic
smoking devices in all City parks and outdoor recreational facilities at all times,
excluding Foster Golf Links.
B. It is unlawful to use any form of tobacco, nicotine, or electronic smoking
devices, including but not limited to vaporizers and e- cigarettes, within 25 feet of any
children's play equipment.
Section 10. A new TMC Section 12.08.070 is hereby established to read as
follows:
12.08.070 Amusement Attractions
Unless otherwise posted or approved by the Parks and Recreation Director, it is
unlawful to erect any inflatable structure or attraction including, but not limited to,
"bounce houses," dunk tanks, pony rides, etc. in or on park property with the exception
of City- sponsored events.
Section 11. A new TMC Section 12.08.080 is hereby established to read as
follows:
12.08.080 Soliciting, Concessions, Commercial Activities
Unless otherwise posted, or approved by the Parks and Recreation Director, it is
unlawful to conduct any of the following activities in or on park property:
1. Sell refreshments or merchandise, or operate a fixed or mobile concession,
event, or traveling exhibition.
2. Solicit, sell, offer for sale, peddle, hawk any goods or services.
3. Film, record, or photograph for commercial purposes.
4. Conduct classes or organized competitions.
5. Attach or secure to any vehicle or structure any circular notice, leaflet,
pamphlet or printed material of any kind.
6. Use, place or erect any advertising in any park; or attach any notice bill,
poster, sign, wire, rod, or cord to any tree, shrub, railing, post or structure within any
park; or place or erect in any park, a structure of any kind.
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Section 12. A new TMC Section 12.08.090 is hereby established to read as
follows:
1 12.08.090 Trail Use
Trail users must abide by all posted signs along trails in the City:
Section 13. TMC Section 12.08.100 is hereby reenacted to read as follows:
12.08.100 Facilities Use Reservations
so on a first come, first served basis by contacting the office of the Parks and
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PM. Programs and activities scheduled by the Parks and Recreation Department have
first priority for use of parks and facilities. Otherwise, parks and facilities will be
available on a "first -come, first - served" basis; provided, users shall yield use of a park
area or facility to the participants in any program or activity scheduled by the Parks and
Recreation Department. All park users shall abide by all rules and regulations and shall
not unreasonably interfere with other persons' use of or the City's maintenance or
operation of park facilities.
Section 14. TMC Section 12.08.110 is hereby reenacted to read as follows:
12.08.110 Park Hours
Unless otherwise posted or approved by the Parks and Recreation Director, lit is
unlawful for any person to be in or on park propertya-publio-park when it is closed. A
park may be closed to public use during certain hours as determined by the Mayor.
Unless otherwise posted, public parks are closed from 30 minutes past sunset until 30
minutes before sunrise. Such closure hours shall be posted on the property.
Section 15. TMC Section 12.08.120 is hereby reenacted to read as follows:
12.08.120 Violation — Penalty
Except as otherwise provided by state law or the Tukwila Municipal Code, violation of
any provision of Tukwila Municipal Code Chapter 12.08 shall be punishable by a civil
infraction in an amount not to exceed $100.
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Section 16. Corrections by City Clerk or Code Reviser. 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 17. 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 18. 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 . , 2015.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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City of Tukwila
Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes
June 10, 2014 — 5:30 p.m. — Hazelnut Conference Room
PRESENT
Councilmembers: Joe Duffle, Chair; Dennis Robertson, Verna Seal
Staff: David Cline, Jack Pace, Dave Johnson, Evie Boykan, Laurel Humphrey
CALL TO ORDER: Committee Chair Duffle called the meeting to order at 5:30 p.m.
1. PRESENTATIONS
II. BUSINESS AGENDA
A. Tukwila School District Afterschool Program
Staff provided an update on the effort to identify a provider and a service delivery model for
afterschool programming during the 2014/2015 school year. Due to organizational changes at
the District and at Community Schools Collaboration (CSC), a committee made up of Tukwila
School District and City staff felt it was time to evaluate potential providers, services, and costs.
This committee developed a Request for Qualifications, which was issued on June 4. Potential
reponders include CSC, YMCA, and the Tukwila Parks and Recreation Department, all of whom
have submitted preliminary information to the District. Because the City has funded $100,000
annually for this program with CSC as the provider, staff asked the Committee for input
regarding future funding in Tight of the possible change in service provider and delivery model.
Committee members discussed the RFQ process and indicated a preliminary interest in
continuing financial support at the current level, but would like more details about costs under
various scenarios and clarification about the City's role in the program and contract, including
the School District's expectations. DISCUSSION ONLY.
B. Parks and Recreation Online Registration
Staff is seeking Committee direction regarding online registration software for Parks programs.
Council has in the past expressed interest in the provision of this service, which is common in
other cities. The software program currently used by Parks for program registration (CLASS)
offers an online registration module at a cost of $12,000, but this module will no longer be
supported by Active Network after December 1, 2017. Staff presented the Committee with three
options: A) Continue existing service without an online component, B) Add module to CLASS
with the knowledge it will be unsupported, or C) Research other software options for a
comprehensive, supported solution. After discussion, the Committee agreed that purchasing the
online module for CLASS with knowledge that support will end in 2017 is not an efficient use of
resources. DISCUSSION AND COMMITTEE DIRECTION TO REVIEW OTHER OPTIONS
(OPTION C).
C. Parks Department Rules and Regulations
Staff briefed the Committee on the status of Park Rules and Regulations, which are codified in
Tukwila Municipal Code Chapter 12.08 and have not been updated since 1998. The Park
Commission will be discussing these updates in June and recommendations will be brought
back to Committee later this summer. In addition to existing code provisions, the following
areas will also be considered:
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Community Affairs & Parks Committee Minutes June 10, 2014 - Page 2
• No golfing in undesignated areas
• Inflatables at parks
• Disposal of hot coals
• Alcohol
• Soliciting /Concessions
• Overnight camping
• Parking
• Trail use etiquette
• Urban hunting /foraging
• Posting information
• Conduct
• Smoking (including marijuana)
Committee members briefly discussed these items and gave direction to staff to proceed. They
had no further topics to add. DISCUSSION AND COMMITTEE DIRECTION TO PROCEED
WITH CODE UPDATES.
Committee Chair Dude announced that the order of the remaining two items would be
reversed.
D. Code Enforcement Tour Follow -up
Committee Chair Duffle requested a follow -up discussion to the Code Enforcement Tour that
was provided at the special Committee meeting on May 29, 2014. DCD Director Jack Pace
summarized current activities in the Code Enforcement Department, including streamlining
processes, adding staffing, and community engagement. The new building inspector, once
hired, will be crosstrained on code enforcement duties to provide relief to the workload. Staff
will continue to update the Committee on code enforcement activity, including a thorough review
of the rental housing inspection program this fall. In addition, staff has been meeting with
SeaTac code enforcement staff regarding coordintation along joint corridors. Committee
members indicated appreciation and support for all of these efforts. INFORMATION ONLY.
E. Interlocal Agreement with Tukwila Pool Metropolitan Park District
Staff is seeking Council direction regarding several amendments to the Interlocal Agreement for
Pool Operations and Support Systems that have been proposed by the Tukwila Pool
Metropolitan Park District (TPMPD) Board of Commissioners. At the March 25, 2014
Community Affairs and Parks meeting, the Committee asked for the opportunity to review the
proposed revisions once prepared by the TPMPD and following review by both parties'
attorneys. These steps are complete, and the Committee discussed the language agreed upon
by both attorneys, summarized below.
Section 1 - Term of Agreement, Termination and Renewal
Amendments in this section change the agreement's end date and establish termination for non-
payment, lack of insurance, and without cause by either party with 120 days' written notice.
Section 2 - Scope of Work
To aid in this discussion, staff distributed a chart displaying actual and budgeted support costs.
Costs declined as anticipated in February and March, but rose again in April and May due to
requests for staff participation at the Board Retreat and at monthly Board and Executive Director
Committee meetings. An amendment to 2.4 clarifies the potential for invoices to exceed $6,600
monthly, as recently seen due to a large public records request made in April. An added section
2.6 establishes a cost control mechanism in which the City will notify the TPMPD once support
costs have reached $60,000, and both parties will work collaboratively to identify cost reduction
opportunities.
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TUKWILA
PARKS & RECREATION
GOOD HEALTHY FUN
PARKS COMMISSION
MINUTES
March 18, 2015 5:30pm Billy Baron's /Foster Golf Links
Call to Order: Chairperson Sean Albert called the meeting to order at 5:35pm.
Attendance: Commissioners — Sean Albert, Alice Russell, Joanne McManus
Staff — Dave Johnson, Robert Eaton
Approval of Minutes: Alice Russell moved to approve the minutes of the February 18, 2015 meeting. Joanne
McManus seconded the motion. The motion passed unanimously.
Business Items
A. Project Update —Staff provided updates to the Commission on the status of Phase 2 at the Duwamish Hill
Preserve and the Ft. Dent overlay project.
B. Department Update —Staff informed the Commission of department updates including the progress on
this week's Maintenance Closure at the Community Center, new greenhouse at the Parks shop, parking
issues at Foster Golf Links with the Metro riders, and the Park Watch program.
C. Park Rules and Regulations — Staff provided an update on the status of the Park Rules and Regulations.
Joanne McManus moved to approve staffs recommendations. Alice Russell seconded the motion. The
motion passed unanimously.
Other
A. March is typically the meeting where Chair and Vice -chair positions are selected. Since Commissioner
Scanlon was not able to attend the meeting, the Commission elected to defer this to the April Meeting.
Adjournment: Alice Russell moved to adjourn at 6:10pm. The motion was seconded by Joanne McManus. The
motion passed unanimously.
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TUKWILA
PARKS & RECREATION
,;cm, i t d ALT • r.
PARKS COMMISSION
MINUTES
February 18, 2015 5:30pm Tukwila Community Center
Call to Order: Chairperson Sean Albert called the meeting to order at 5:34pm.
Attendance: Commissioners —Sean Albert, Don Scanlon, Alice Russell, Joanne McManus
Staff— Dave Johnson, Robert Eaton, Ryan Larson
Approval of Minutes: Don Scanlon moved to approve the minutes of the January 21, 2015 meeting. Alice Russell
seconded the motion. The motion passed unanimously.
Business Items
A. Project Update — Ryan Larson from the City's Public Works Department provided updates to the
Commission on the status of the Duwamish Gardens project as well as the potential Chinook Winds site.
Dave Johnson presented information to the Commission on the "classroom" in Phase 11 of the Duwamish
Hill Preserve. Commissioners offered input and feedback including how nice and attractive it is while also
noting the potential for vandalism and wanting the surface to be safe for walking. Mr. Johnson will
forward the feedback to the designer.
B. Commission Appointments — Alice Russell's term on the Commission expires in March 2015 and expressed
her desire to not be re- appointed. However, she did agree to re- appointment until a replacement is
found. Staff noted that search for replacement will begin immediately.
C. Department Update — Staff informed the Commission of department updates including the upcoming Dr.
Seuss event on 2/26, and maintenance closure at the Community Center from March 16 -22.
D. Park Rules and Regulations —Staff shared the progress of the work of updating the Park Rules and
Regulations. Alice Russell moved to approve the direction that staff is going on this update. Joanne
McManus seconded the motion. The motion passed unanimously.
Other
A. Staff presented updated information on the Development Agreement for the proposed hotel at 90
Andover Park East (also known as "Pocket Park "). Much discussion ensued about the 3 different options
being presented: 1) Pocket Park, 2) Cul -de -sac to Landscaping, and 3) Cul -de -sac to Parking. Don Scanlon
moved to reject option 3. Joanne McManus seconded the motion. The motion passed unanimously.
Adjournment: Alice Russell moved to adjourn at 7:25pm. The motion was seconded by Joanne McManus. The
motion passed unanimously.
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TUKWILA
PARKS & RECREATION
PARKS COMMISSION
MINUTES
August 20, 2014 5:30pm Tukwila Community Center
Cali to Order: Parks Committee Chairperson Sean Albert called the meeting to order at 5:35pm.
Attendance: Commissioners —Sean Albert, Don Scanlon, Alice Russell, Joanne McManus, Hassan Abdi
Absent -Julie Lee
Staff— Dave Johnson
Approval of Minutes: Don Scanlon moved to approve the minutes of the June 18, 2014 meeting. Joanne
McManus seconded the motion. The motion passed unanimously.
Business Items
A. Project Update — The Commission reviewed the Project Update included in the Agenda Packet.
B. DHP Phase II Design — Staff and Chair Sean Albert shared the information on the project included draft
design concepts and ideas.
C. Gully Gardens Update — Dedication sign has been ordered and once it's delivered, an event date will be
selected in coordination with the family.
D. Park Rules Update — Staff presented latest draft to the commission. Commission discussed the draft and
offered suggestion of including Community Service as a violation /penalty. Staff will prepare the draft for
review by City Attorney to bring forward final recommendation at a later meeting.
Adjournment: Don Scanlon moved to adjourn at 6:25pm. The motion was seconded by Alice Russell. The motion
passed unanimously.
Next Meeting: September 17, 2014
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TUKWILA
PARKS & RECREATION
PARKS COMMISSION
MINUTES
May 21, 2014 5:30pm Tukwila Community Center
Call to Order: Parks Committee Chairperson Sean Albert called the meeting to order at 5:34pm.
Attendance: Commissioners — Sean Albert, Don Scanlon, Joanne McManus, Julie Lee, Hassan Abdi
Absent —Alice Russell
Staff— Dave Johnson
Approval of Minutes: Hassan Abdi moved to approve the Minutes of the April 23, 2014 meeting. Joanne
McManus seconded the motion. The motion passed unanimously.
Business Items
A. Project Update —The Commission reviewed the Project Update included in the Agenda Packet.
B. DHP Phase II Design — Staff shared the information contained in the Project update section of the packet
and Sean Albert provided additional details. Sean Albert referenced the May 14`h Design Open House and
what was included in that event. Staff hope to have some preliminary design options for the next Park
Commission meeting.
C. Park Rules Update — Staff presented some language options to address the current items covered in the
Code as well as some additional considerations. The Commission agreed to review this over the next few
weeks and be prepared to discuss at the June meeting.
D. Department Update —Staff informed the Commission that the Spray Park has been turned on early; the
Backyard Wildlife Fair was a success with attendance near 700; the Department is in the process of hiring
a Parks Supervisor; Recreation is hosting a Preschool Open House on June 7th; and Footgolf will begin at
Foster Golf Links in early June.
Adjournment: Don Scanlon moved to adjourn at 6:05pm. The motion was seconded by Joanne McManus. The
motion passed unanimously.
Next Meeting: June 18, 2014
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