HomeMy WebLinkAboutReg 2015-05-04 Item 6B - Ordinance - TMC Chapter 12.08 "Park Rules and Regulations"COUNCIL AGENDA SYNOPSIS
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Meeliq Dale
Prepared by
Mayors review_
Council review
04/27/15
DJ
❑ Resolution
Mtg Date
LA
05/04/15
DJ
❑ Other
Mt Date
SPONSOR ❑ Council [:] Mayor [:] I-JR ❑ DCD E].Finance ❑ Eire ❑ IT E P&R ❑ Police ❑ PWI
SPONSOR'S Parks and Recreation Department proposes to update Park Rules and Regulations
SUMMARY ordinance to properly address the use of public parks and further the safety, health and
wellness of its users.
R13VIP"WE'D BY ❑ cow Mtg. CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 4/13/15 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN. Parks and Recreation Department
COMMI•FIEE, Unanimous approval; forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
4/27/15
ITEM INFORMATION
LOA
33
ISTAFF' SPONSOR: RICK STILL
I ORIGINAj, AGENDA DATE: 4/27/15
AGENDA ITEM TrILE, An ordinance updating the the Park Rules and Regulations
CATE,'GORY E Discussion
Mt Date 4127115
❑ Motion
Mtu Date
❑ Resolution
Mtg Date
E Ordinance
Mig Date 914119
[:] Bid Award
Mt g Date
❑ Pub& Hearing
MIg Date
❑ Other
Mt Date
SPONSOR ❑ Council [:] Mayor [:] I-JR ❑ DCD E].Finance ❑ Eire ❑ IT E P&R ❑ Police ❑ PWI
SPONSOR'S Parks and Recreation Department proposes to update Park Rules and Regulations
SUMMARY ordinance to properly address the use of public parks and further the safety, health and
wellness of its users.
R13VIP"WE'D BY ❑ cow Mtg. CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 4/13/15 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN. Parks and Recreation Department
COMMI•FIEE, Unanimous approval; forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
4/27/15
Forward to next Regular Meeting
MTG. DATE
ATTACHMENTS
4/27/15
Informational memorandum dated 4/8/15
Ordinance
Minutes from the Parks Commission meetings
Minutes from the 6/10/14 Community Affiars and Parks Committee Meeting
Minutes from the 4/13/15 Community Affairs and Parks Committee Meeting
5/4/15
Ordinance in final form
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Washington
Ordinance No.
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:
CHAPTER 12.08
PARK RULES AND REGULATIONS
Sections:
12.08.005
Police Power
12.08.010
Definitions
12.08.020
Motorized Vehicles
12.08.030
Fireworks or Firearm Discharge
12.08.040
Fires
12.08.050
Charcoal Grills
12.08.060
Smoking
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12.08.070 Amusement Attractions
12.08.080 Soliciting, Concessions, Commercial Activities
12.08.090 Trail Use
12.08.100 Facilities Use Reservations
12.08.110 Park Hours
12.08.120 Violation — Penalty
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, it is
unlawful to operate any motorized vehicles in any park except upon a paved roadway or
parking lot.
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 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.
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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. 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:
12.08.060 Smoking
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.
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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.
Section 12. A new TMC Section 12.08.090 is hereby established to read as
follows:
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
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, it is
unlawful for any person to be in or on park property 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.
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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