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HomeMy WebLinkAboutOrd 2476 - TMC Chapter 12.08 "Park Rules and Regulations"Cl*ty of Washington Ordinance No.2476 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 Ordinance No. 1850 is hereby repealed in its entirety.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 W: Word Processing \Ordinances \Park Rules and Regulations 4 -28 -15 DJ:bjs Page 1 of 5 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. W: Word Processing \Ordinances \Park Rules and Regulations 4 -28 -15 DJ:bjs Page 2 of 5 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. W: Word Processing \Ordinances \Park Rules and Regulations 4 -28 -15 DJ:bjs Page 3 of 5 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. W: Word Processing \Ordinances \Park Rules and Regulations 4 -28 -15 DJ:bjs Page 4 of 5 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 L/ a Regular Meeting thereof this 1 day of 7 ct , 2015. ATTEST /AUTHENTICATED: 1Z Christy O'Fla erty, MMC, City Clerk Ji ggerto , or APPROVED AS TO FORM BY: Filed with the City Clerk: 11 -1. Passed by the City Council: - Published: i✓ ��l''U Effective Date: Rachel B. Turpin, City Attorney Ordinance Number:_ W: Word Processing \Ordinances \Park Rules and Regulations 4 -28 -15 DJ:bjs Page 5 of 5 City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2474 -2476. On May 4, 2015 the City Council of the City of Tukwila, Washington, adopted the following ordinances, the main points of which are summarized by title as follows: Ordinance 2474: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON - EXCLUSIVE FRANCHISE TO ZAYO GROUP, LLC, LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING A TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC RIGHTS - OF -WAY IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2475: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A MORATORIUM WITHIN THE CITY OF TUKWILA ON THE ESTABLISHMENT, LOCATION, OPERATION, LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB 5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED CODE OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF WASHINGTON; REPEALING ORDINANCE NO. 2439; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2476: 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. The full text of these ordinances will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: May 7, 2015