Title 7

PARKS AND RECREATION

 

UPDATED:  June 28, 2024

Chapters:

7.01     DEFINITIONS

7.02     GENERAL PROVISIONS

7.08     FACILITIES USE CHARGES

7.09     PARKING FEE ENFORCEMENT

7.12     RULES FOR USE OF FACILITIES

7.16     LAND DEDICATIONS

7.20     PARK AND RECREATION DISTRICTS

7.24     EARTHWORKS

 

For provisions regarding concession contracts for recreational facilities, see K.C.C. chapter 4.57.

 

7.01    DEFINITIONS

 

Sections:

          7.01.010     Definitions

 

          7.01.010  Definitions.  The definitions in this section apply throughout this title and K.C.C. chapter 4.57, unless the context clearly requires otherwise.

          A.  "Advertising" means promotional activity for the financial gain of those undertaking the activity or causing the activity to be undertaken, including, but not limited to, placing signs, posters, placards, or any other display device in publicly visible location within a parks and recreation facility.  "Advertising" does not include posting of an announcement on a community bulletin board, consistent with any applicable rules for the use of community bulletin boards.

          B.  "Aircraft" means any machine or device designed to travel through the air including, but not limited to, airplanes, helicopters, ultralight-type planes, gliders, hang gliders, paragliders, remote-control model planes and gliders, rockets, drones, hot-air balloons, kites, and balloons.

          C.  "Alcoholic beverages" or "liquor" includes the four varieties of liquor defined as alcohol, spirits, wine, and beer, all fermented, spirituous, vinous, or malt liquor, and all other intoxicating beverages, and every liquor, solid, or semisolid, or other substance, patented or not, containing alcohol, spirits, wine, or beer, all drinks or drinkable liquids and all preparations or mixtures capable of human consumption.  Any liquor, semisolid, solid or other substance that contains more than one percent alcohol by weight shall be conclusively deemed to be intoxicating.

          D.  "Associated marine area" means any water area within one hundred feet of any parks and recreation facility such as a dock, pier, float, buoy, log boom, or other human-made, marine structure or object that is part of a parks and recreation facility, only if the area does not include private property.

          E.  "Backcountry trail" means any natural surface trail intended exclusively for passive recreation such as hiking, horseback riding, mountain biking, running, and nature observation.

          F.  "Boat" means any contrivance up to sixty-five feet in length overall, used or capable of being used as a means of transportation on water.

          G.  "Camper" means a motorized vehicle containing either sleeping or housekeeping accommodations, or both, and shall include a pickup truck with camper, a van or van-type vehicle, a converted bus, or any similar type vehicle.

          H.  "Campfire" means any open flame from a wood source.

          I.  "Camping" means erecting a tent or shelter or arranging bedding or both for the purpose of, or in such a way as will permit, remaining overnight, or parking a trailer, camper or other vehicle for the purpose of remaining overnight.

          J.  "Campsite" means camping sites designated by the director.

          K.  "Change" a fee means to alter the amount of a fee.

          L.  "Class 1 electric-assisted bicycle" means an electric-assisted bicycle in which the motor provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of twenty miles per hour.

          M.  "Class 2 electric-assisted bicycle" means an electric-assisted bicycle in which the motor may be used exclusively to propel the bicycle and is not capable of providing assistance when the bicycle reaches the speed of twenty miles per hour.

          N.  "Class 3 electric-assisted bicycle" means an electric-assisted bicycle in which the motor provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of twenty-eight miles per hour and is equipped with a speedometer.

          O.  "Commercial watercraft" means any watercraft used for any commercial purpose, but does not include a commercial watercraft operated in a marine area or marine facility under a concession agreement, lease, or other permit or contract with the division.

          P.  "Concession" means the privilege or authority to sell goods or services within parks and recreation facilities or to operate parks and recreation facilities or a portion thereof.

          Q.  "Concession contract" or "concession agreement" means the agreement granting a person a concession with respect to a parks and recreation facility.

          R.  "Department" means the department of natural resources and parks.

          S.  "Director" means the director of the department of natural resources and parks or the director’s designee.

          T.  "Discrimination" means any action or failure to act, whether by single act or part of a practice, the effect of which is to adversely affect or differentiate between or among persons or groups of persons, because of sex, race, color, national origin, religious affiliation, disability, sexual orientation, gender identity or expression, age except by minimum age and retirement provisions, status as a family caregiver, military status or status as a veteran who was honorably discharged or who was discharged solely as a result of the person's sexual orientation or gender identity or expression, or use of a service or assertive animal.  For the purposes of this subsection, "service or assistive animal" means any dog guide, signal or hearing dog, seizure response dog, therapeutic companion animal or other animal that does work, performs tasks, or provides medically necessary support for the benefit of a person with a disability.

          U.  "Division" means the parks and recreation division of the department of natural resources and parks.

          V.  "Electric-assisted bicycle" is consistent with RCW 46.37.690 and means a bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor.  An electric-assisted bicycle must have:

            1.  A motor with a power output of no more than seven hundred fifty watts; and

            2.  A label, displayed in a prominent location, printed in Arial font and at least nine-point type that contains the classification number, top assisted speed, and motor wattage.

          W.  "Eliminate" a fee means to remove a fee.

          X.  "Establish" a fee means to impose a fee for an activity for which a fee was not being charged.

          Y.  "Facility," "facilities," "parks and recreation facility," "parks and recreation facilities" or "park area" means the following that are owned or otherwise under the jurisdiction of the parks and recreation division of the department of natural resources and parks:  any building or portion thereof, or other structure, park, open space, natural area, resource or ecological land, marine area, trail, or other property.

          Z.  "Facility manager" means the person designated to manage a specific parks and recreation facility.

          AA.  "Mechanical trapping device" means any device, including, but not limited to, a snare or machine, that shuts suddenly upon contact by an animal, and any device that kills or inflicts physical pain and injury upon a captured animal.

          BB.  "Micromobility device" means a personal vehicle meant to carry one or two passengers and that is propelled by an electric motor, including, but not limited to, electric-assisted bicycles, motorized foot scooters, electric skateboards, and other relatively small and lightweight electric devices that provide mobility.

          CC.  "Motor vehicle" means any self-propelled device capable of being moved upon a road, and in, upon or by which any persons or property may be transported or drawn, and shall include, but not be limited to, automobiles, trucks, motorcycles, scooters, jeeps or similar type four-wheel drive vehicles, and all-terrain vehicles or snowmobiles, whether or not they can be legally operated upon the public highways and whether or not they are powered by fuel or electricity.  "Motor vehicle" does not include a micromobility device.

          DD.  "Naming rights" means rights to name a facility, except parks, after a person for a term of years in exchange for consideration.

          EE.  "Pack animal" means any domesticated herbivorous animal, other than a horse, traditionally used to transport people or cargo, such as an alpaca, burro, llama, mule, ox, or goat.

          FF.  "Parks and recreation purposes" means any lawful purpose of the division.

          GG.  "Person" means all natural persons, groups, entities, firms, partnerships, corporations, governmental and quasi-governmental entities, clubs and all associations or combination of persons whether acting for themselves or as an agent, servant or employee.

          HH.  "Permit" means an authorization for the use of parks and recreation facilities that imposes conditions on the permittee in addition to those conditions imposed on the general public.

          II.  "Regional trail" means a regionally-significant, shared-use path for bicycling, walking, jogging, skating, horseback riding, or other nonmotor use that provides recreational opportunities and enhances regional mobility.  "Regional trail" includes, but is not limited to, the Burke-Gilman trail, the Cedar River trail, the East Lake Sammamish trail, the Eastrail, the Foothills trail, the Green-to-Cedar Rivers trail, the Issaquah-Preston trail, the Lake-to-Sound trail, the Marymoor Connector trail, the Preston-Snoqualmie trail, the Sammamish River trail, the Snoqualmie Valley trail, and the Soos Creek trail.

          JJ.  "Rocket" means any device containing a combustible substance that when ignited, propels the device forward.

          KK.  "Set" a fee means to change or eliminate a fee, including determining, changing, or eliminating a range for a fee.  "Set" does not include selecting a fee in a previously set range for a fee.

          LL.  "Spirits" means any beverage that contains alcohol obtained by distillation, including wines exceeding twenty-four percent of alcohol by volume.

          MM.  "Sponsorship" means providing consideration to support specific parks and recreation facilities or activities, generally in exchange for advertising on county property, through county media, or otherwise, or other promotional consideration.

          NN.  "Tobacco product" means cigarettes, cigars, vapor products, pipe tobacco and chewing tobacco.

          OO.  "Trail" means any path, track, or right of way designed for use by pedestrians, bicycles, equestrians, or other nonmotorized modes of transportation, including, but not limited to, a backcountry trail and a regional trail.

          PP.  "Trailer" means a towed vehicle that contains sleeping or housekeeping accommodations.

          QQ.  "Trailer site" means a designated camping site that has either water or electrical facilities, or both, available for hookup.

          RR.  "User fee" means a fee charged for the use of parks and recreation facilities, activities and programs, including, but not limited to, general facilities admission, classes and workshops, sponsored leagues and tournaments, gymnasium and field usage for games and practice, field lights and other equipment, concessions, parking, camping, special event admission, rooms for meetings, conference banquets and other indoor activities, kitchen and equipment.  "User fee" does not include the cost of purchasing tangible personal property sold by the division.  "User fee" also does not include charges made under:

            1.  An advertising, sponsorship or naming rights agreement in accordance with K.C.C. 7.08.080;

            2.  A concession contract in accordance with K.C.C. chapter 4.57;

            3.  A lease, rental, or use agreement in accordance with K.C.C. 4.56.150; or

            4.  A special use permit in accordance with K.C.C. 7.12.050.

          SS.  "Vessel" means any contrivance more than sixty-five feet in length overall, used or capable of being used as a means of transportation on water.  (Ord. 19771 § 1, 2024:  Ord. 19026 § 4, 2019:  Ord. 17375 § 1, 2012:  Ord. 14509 § 4, 2002).

 

7.02    GENERAL PROVISIONS

 

Sections:

          7.02.020     Large active recreation and multiuse park.

          7.02.050     Brightwater Environmental Education and Community Center - contracts or          agreements for use.

 

          7.02.020  Large active recreation and multiuse park.  The department may designate a King County facility as a large active recreation and multiuse park.  The department shall maintain a parks inventory list showing the parks designated as large active recreation and multiuse parks.  The department shall set out a process through department policies and procedures for review and public meetings for designation of a large active recreation and multiuse park.  (Ord. 14807 § 1, 2003).

 

          7.02.050  Brightwater Environmental Education and Community Center - contracts or agreements for use.

          A.  In furtherance of K.C.C. 2.16.045.E.13, the manager is authorized to enter into a contract or agreement with the wastewater treatment division to administer lease, rental or use agreements in accordance with K.C.C. 4.56.150, permits under K.C.C. 7.12.040 or special use permits under K.C.C. 7.12.050, for use of the Brightwater Environmental Education and Community Center.  The contract shall be consistent with K.C.C. 28.84.075 relating to the use of the Brightwater Environmental Education and Community Center.

          B.  The rules for use of facilities in K.C.C. chapter 7.12 apply to lease, rental or use agreements in accordance with K.C.C. 4.56.150, permits under K.C.C. 7.12.040 or special use permits under K.C.C.  7.12.050, for the Brightwater Environmental Education and Community Center only to the extent necessary to operate the permit and use program as determined by the director in a public rule established under K.C.C. chapter 2.98.  (Ord. 17586 § 3, 2013).

 

7.08    FACILITIES USE CHARGES

 

Sections:

          7.08.050     User fees established.

          7.08.060     Setting and establishing user fees.

          7.08.070     Gifts, bequests and donations.

          7.08.080     Advertising, sponsorship and naming rights.

          7.08.100     Types of agreements and permits.

          7.08.110     Improvement or construction on parks and recreation division property - requirements.

 

          7.08.050  User fees established.  User fees are established for the following:

          A.  Admission;

          B.  Aquatics:

            1.  Pool rentals;

            2.  Pool usage; and

            3.  Swim lessons;

          C.  Athletic fields:

            1.  Usage; and

            2.  Lights;

          D.  Banquets;

          E.  Camping;

          F.  Cancellations;

          G.  Classes and workshops;

          H.  Cleaning;

          I.  Deposits:

            1.  Damage; and

            2.  Key;

          J.  Equipment or materials use;

          K.  Facility use;

          L.  Moorage;

          M.  Outdoor facility use;

          N.  Parking;

          O.  Permit-related activities;

          P.  Pea-patch rentals;

          Q.  Recreation programs;

          R.  Room rentals;

          S.  Special athletic requests including, but not limited to, fence rentals and pitcher's mound installations;

          T.  Special events;

          U.  Special personnel requests including, but not limited to, security and after-hours facility openings; and

          V.  Utilities.  (Ord. 14509 § 6, 2002).

 

          7.08.060  Setting and establishing user fees.

          A.  The director shall set user fees in accordance with this section.

          B.  The director shall set user fees for all parks and recreation facilities and programs for which specific users can be readily identified and charged, unless the director determines that the administrative costs to collect the fees are likely to exceed revenues.

          C.  In setting user fees, the director shall consider the following, among other factors:

            1.  The cost of providing services and the demand for services;

            2.  The administrative costs of collecting the fees;

            3.  The user's ability to pay;

            4.  Maximizing nontax revenue for the support of parks and recreation facilities;

            5.  Access to parks and natural resources as a determinant of equity as defined in K.C.C. 2.10.210.B.; and

            6.  Comparable fees in other area jurisdictions.

          D.  User fees for youth shall generally be set lower than comparable fees for adults.

          E.  Consistent with applicable law, the director may waive, in whole or in part, user fees or provide or facilitate scholarships for persons, or organizations that serve persons, meeting an eligibility threshold of two hundred percent of the federal poverty level, to help ensure that no one is denied access to parks and recreation facilities or activities based solely on an inability to pay.  The director shall adopt rules in accordance with K.C.C. chapter 2.98 that establish the circumstances for which these waivers or scholarships are available and the process for granting the waivers or scholarships.  In addition, the director may waive user fees as part of a concession, advertising, or sponsorship agreement under which the county receives consideration equal to or greater than the total amount of the fees to be waived.  The director shall document all waivers of user fees.

          F.  The director shall set user fees in a way that clearly and simply states the amounts and the facilities or programs to which the fees apply.  The director may set ranges for particular user fees and select fees within those ranges.

          G.  The director shall make available to the public a description of the department's procedures for setting user fees.  The description shall include information on how to inquire about the department's proposed and adopted user fees and public comment opportunities.

          H.1.  The director shall give at least twenty days' notice of its intention to set user fees by providing notice:

              a.  in writing or by electronic format, to:

                (1)  the clerk of the council;

                (2)  all council members; and

                (3)  all persons who have made a timely request for advance notice of fee setting;

              b.  by posting notice at affected facilities;

              c.  by posting a notice on the parks and recreation division's web page; and

              d.  through the parks and recreation division's list-serve and social media channels.

            2.  The notice made under subsection H.1. a. and b. of this section shall:

              a.  include a reference to this section;

              b.  include a reference to the facility or program to which the fee will be applied;

              c.  include a date and place by which comments must be submitted;

              d.  specify whether the proposal is the determination, change or elimination of a fee;

              e.  if the proposal is to change a fee, indicate both the amount of the existing fee and the proposed fee; and

              f.  state the reason for and methodology used to determine the proposed new fee.

            3.  Selecting a different user fee within a set range does not require notice.

            4.  The director shall consider all comments received by the prescribed date for comment before the user fee is set.

          I.  A user fee is set when signed by the director.  A user fee takes effect ten days after it is set.

          J.  Once a user fee is set, the division shall post the amount of the fee in both written and electronic form for inspection, review and copying by the public, including providing a copy, in writing or by electronic format, of the fee to the clerk of the county council and each member of the county council and posting the fee on the Internet.

          K.  The director shall not increase a fee, or the upper end of the range of a fee, more than fifty percent of that which is in place for the fee or range, unless the authority to set the fee is granted by the council by ordinance.  However, for the convenience of parks users and to reduce administrative expenses, an increase in the daily parking fee of no more than fifty percent may be rounded up one time only to the next highest dollar.

          L.  The director shall not increase a fee or the upper end of the range of a fee, within one hundred twenty days of a previous increase to the fee or range, unless the authority for the increase is granted by the council by ordinance.

          M.  A fee shall not be established unless the fee is approved by the council by ordinance.

          N.  All persons using King County parks and recreation facilities shall pay any applicable user fees, except as provided in subsection E. of this section.

          O.  User fees generated under this chapter shall be applied solely to parks and recreation purposes.  (Ord. 19771 § 2, 2024:  Ord. 16553 § 16, 2009:  Ord. 14509 § 7, 2002).

 

          7.08.070  Gifts, bequests and donations.

          A.  Consistent with K.C.C. chapter 3.04, the director may solicit and accept from the general and business communities and all other persons, gifts, bequests and donations to the county of or in support of parks and recreation facilities and programs.

          B.  All gifts, bequests and donations of money to the county for parks and recreation purposes shall be deposited and credited to the parks trust and contribution fund created under K.C.C. 4A.200.510.

          C.  The director shall assure that expenditures from the gift, bequest or donation are consistent with the terms, if any, requested by the grantor.  (Ord. 19771 § 3, 2024:  Ord. 14509 § 9, 2002).

 

          7.08.080  Advertising, sponsorship and naming rights.

          A.  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 and programs.

          B.1.  Advertising is prohibited at parks and recreation facilities unless the advertising is under an agreement or permit identified in K.C.C. 7.08.100.  Advertising shall be restricted to commercial speech.

            2.  Agreements authorizing advertising at parks and recreation facilities shall contain provisions to ensure that advertising is consistent with the existing aesthetics of the particular facility.  To the extent feasible, agreements shall specify that advertising signs have a consistent look throughout a particular facility, such as similar sizes and background colors, and that the signs are affixed in a way that minimizes wear and tear on parks and recreation facilities.  Except for signs associated with lighted scoreboards, the director shall not enter into agreements authorizing neon signs and light boards for outdoor areas at parks and recreation facilities.  Unless authorized by ordinance, advertising in any open space land, resource and ecological land shall not be larger than two feet in either height or width.  All sign agreements shall require that the signs be removed at the end of the agreement term.

          C.  Advertisers and sponsors shall agree not to engage in discrimination.

          D.  An advertising, sponsorship or naming rights agreement shall not result in the advertisement of spirits, or of tobacco products in violation of K.C.C. chapter 12.51.  The director may impose additional subject-matter restrictions on advertising, sponsorship and naming rights agreements consistent with applicable law and the use of parks and recreation facilities by citizens of all ages, in particular young children and families.

          E.  Revenue generated from advertising, sponsorship, and naming rights agreements entered into under this section shall be applied solely to parks and recreation purposes. (Ord. 19771 § 4, 2024:  Ord. 14509 § 10, 2002).

 

          7.08.100  Types of agreements and permits.  The director may utilize the following types of agreements and permits:

          A.  An advertising, sponsorship or naming rights agreement in accordance with K.C.C. 7.08.080;

          B.  A concession contract in accordance with K.C.C. chapter 4.57;

          C.  A lease, rental or use agreement in accordance with K.C.C. 4.56.150;

          D.  A permit in accordance with K.C.C. 7.12.040; or

          E.  A special use permit in accordance with K.C.C. 7.12.050.  (Ord. 14509 § 12, 2002).

 

          7.08.110  Improvement or construction on parks and recreation division property - requirements.

          A.  For any improvement or construction on parks and recreation division property with an anticipated private investment from a community partner group of less than ten thousand dollars, including in-kind contributions and volunteer hours, the division will execute a contractual agreement with the community partner group before any construction of the improvement, by or on behalf of the community partner group, commences.

          B.  For any improvement or construction on parks and recreation division property with an anticipated private investment of between ten thousand dollars and ninety-nine thousand nine hundred ninety-nine dollars from a community partner group, including in-kind contributions and volunteer hours, the division shall notify the chair of the council's transportation, economy and environment committee or its successor as well as the councilmember in whose district the project is located.  The notice shall be provided at least thirty days before the division enters into any contractual agreement with the community partner group relating to this improvement.  The notice may be provided electronically and shall include at least the following:

            1.  A description of the project;

            2.  The project location;

            3.  Key anticipated milestones; and

            4.  The anticipated public and private investment.

            5.   Verification that the community partner group has agreed to execute a contractual agreement that includes indemnification provisions as set forth in subsection D. of this section.

          C.  Any improvement or construction on parks and recreation division property with an anticipated private investment of one hundred thousand dollars or more from a community partner group, including in-kind contributions and volunteer hours, must be approved by ordinance before the commencement by, or on behalf of the community partner group, for the design or construction of the improvement.  An ordinance authorizing a use agreement or a detailed capital improvement program budget with respect to any such a project constitutes authorization under this section, but only if the use agreement or capital improvement program budget is approved before construction or any contractual agreement regarding construction.

          D.  All contractual agreements shall include indemnification provisions that ensure that community partners and their volunteers agree to indemnify and hold harmless King County to the extent permitted under the law, for all claims, demands, suits and judgments caused by and arising out of work performed by community partner groups and their volunteers, including design and construction work.  All contractual agreements shall include insurance provisions in amounts and coverages approved by the county's office of risk management services.  No construction or improvement on parks and recreation division property can begin before a contractual agreement is executed.  (Ord. 19015 § 8, 2019:  Ord. 17535 § 1, 2013:  Ord. 17392 § 1, 2012).

 

7.09    PARKING FEE ENFORCEMENT

 

Sections:

          7.09.010     Director - enforcement powers.

          7.09.020     Penalty failure to pay.

          7.09.030     Notice and order.

          7.09.040     Notice and order - reconsideration - request - review - decision - notice – automatic reductions.

          7.09.050     Appeals.

          7.09.060     Liability of vehicle's registered owner.

          7.09.070     Penalty - registered owner's personal obligation.

          7.09.080     Late payment - final warning letter - remedies - additional fee.

          7.09.090     Use of fees and penalties.

          7.09.100     Impoundment - notice - signs - towing - limitations.

          7.09.110     Loss of park or recreation facility use - ejection.

          7.09.120     Effective dates - notice and order - service of decisions.

          7.09.130     Procedures not exclusive.

 

          7.09.010  Director - enforcement powers.  The director may enforce the terms and provisions of this chapter.  (Ord. 16553 § 2, 2009).

 

          7.09.020  Penalty - failure to pay.  A person who fails to pay a duly adopted parking fee in violation of this chapter is subject to a civil penalty to be directly assessed by the director in an amount not to exceed one hundred dollars per violation.  All civil penalties assessed shall be enforced and collected in accordance with the procedures specified in this chapter.  (Ord. 16553 § 3, 2009).

 

          7.09.030  Notice and order.

          A.  The director shall issue a notice and order when the director determines that an applicable parking fee has not been paid.  The notice and order shall contain:

            1.  A description of the vehicle parked in violation of this title, including make, model, color and license plate number;

            2.  Date and time issued;

            3.  A description sufficient to identify the area where the vehicle was parked when the violation was discovered such as lot identification letter;

            4.  A statement that the director has found the vehicle parked in violation of parking fee requirements, with a brief and concise description of the conditions that establish the violation;

            5.  A statement that the director is assessing a civil penalty, the amount of the penalty and a time certain by which the penalty shall be paid from the date of the order; and

            6.  Statements advising:

              a.  the director may review and reconsider the notice and order, but only if a request for review and reconsideration is made in writing as provided in this chapter and filed with the director within ten days from the date of service of the notice and order;

              b.  the address to which the request for review and reconsideration should be sent;

              c.  the director's decision may be appealed in accordance with K.C.C. 20.22.080;

              d.  failure to timely request director's review and reconsideration will constitute a waiver of all rights to any administrative hearing and determination of the matter;

              e.  a vehicle with three or more unpaid notice and orders may be immobilized in accordance with any applicable legal requirements and a vehicle with five or more unpaid notice and orders or a vehicle that has been immobilized for more than twenty-four hours may be towed and impounded without prior notice and at the owner's expense, under this chapter and K.C.C. chapter 14A.XX (the new chapter created in Ordinance 18743, Section 38)*; and

              f.  if, in accordance with K.C.C. 7.09.040, the director chooses to provide a uniform automatic civil penalty reduction for prompt payment of a notice and order, then the notice and order shall also include a statement advising how to qualify for that reduction.

          B.  The notice and order, and any amended or supplemental notice and order, shall be served by affixing the notice and order to the vehicle for which the parking fee was not paid, in a conspicuous location, usually the windshield.

          C.  Proof of service of the notice and order shall be made at the time of service by a written declaration under penalty of perjury, executed by the person effecting service and declaring the time, date, and manner in which service was made.  A copy of the notice and order shall be kept on file by the department of natural resources and parks.  (Ord. 18754 § 33, 2018:  Ord. 18230 § 86, 2016:  Ord. 16553 § 4, 2009).

 

*Reviser's note:  K.C.C. chapter 14.60 was created in Ordinance 18743, Section 37.

 

          7.09.040  Notice and order - reconsideration - request - review - decision - notice - automatic reductions.

          A.  A person served with a notice and order pursuant to this chapter may request in writing, within ten days of being served with a notice and order, that the director review and reconsider the notice and order.

          B.  The review shall be performed without a hearing and be based solely on written information provided by the person requesting review and by county personnel or agents.

          C.  Upon review, the director may uphold the notice and order or waive or reduce the fine or any other penalty contained in the notice and order.

          D.  The director shall mail the written decision to the person requesting review.

          E.  The decision shall notify the person requesting review of the right to appeal the director's decision in accordance with K.C.C. 20.22.080.

          F.  In addition, the director may implement a uniform system to automatically reduce civil penalties that are paid within a specified period.  If the director chooses to implement such an automatic penalty reduction for prompt payment, then the director shall notify the public of that option, and take steps to facilitate the public's ability to promptly pay a reduced civil penalty.  The amount of the penalty reduction, the duration of the grace period, and the penalty collection mechanism shall be established by the director in the director's sole discretion.  However, the director may not change the amount of the reduction, the duration of the grace period, or the penalty collection system more frequently than once every six months.  (Ord. 18230 § 87, 2016:  Ord. 16553 § 5, 2009).

 

          7.09.050 Appeals.

          A.  The office of the hearing examiner shall hear appeals of the director's decisions under this chapter.

          B.  Any person having received a director's decision under K.C.C. 7.09.040 may appeal that decision in accordance with K.C.C. 20.22.080.

          C.  The procedures for initiating and conducting the appeal shall be governed by K.C.C. chapter 20.22.

          D.  Enforcement of any notice and order of the director shall be stayed during the pendency of a director's review or an appeal therefrom which is properly and timely filed pursuant to K.C.C. 20.22.080.  (Ord. 18230 § 88, 2016:  Ord. 16553 § 6, 2009).

 

          7.09.060  Liability of vehicle's registered owner.  The registered owner of a vehicle is liable to pay any civil penalty imposed for a violation under this chapter.  However, the registered owner of a vehicle may avoid liability if the owner proves that the vehicle was reported to the police as a stolen vehicle before the notice and order was issued, and the vehicle had not been recovered.  (Ord. 16553 § 7, 2009).

 

          7.09.070  Penalty - registered owner's personal obligation.  Except as provided in K.C.C.7.09.060, a civil penalty imposed for failure to pay a parking fee at a King County park or recreation facility is a personal obligation of the registered owner of the vehicle involved.  (Ord. 16553 § 8, 2009).

 

          7.09.080  Late payment - final warning letter - remedies - additional fee of penalty.  If the penalties assessed by the director are not paid to King County within thirty days from the service of the notice under K.C.C. 7.09.030, the mailing of the director's decision under K.C.C. 7.09.040, or the mailing of the hearing examiner's decision under K.C.C. 7.09.050, whichever occurs last, then the director may send a final warning letter to the registered owner of the vehicle to the address on file with the state Department of Licensing.  If the civil penalties are not paid within ten days after the final warning letter is sent, then the director may pursue other applicable legal remedies.  In pursuing payment of civil penalties which remain delinquent after the final warning letter is sent, and to cover administrative expenses associated with the pursuit of such penalties, the director may charge the registered owner of the vehicle an additional fee not to exceed fifty percent of the total delinquent civil penalties.  (Ord. 16553 § 9, 2009).

 

          7.09.090 Use of fees and penalties.  Unpaid parking fees and civil penalties assessed and collected in accordance with this chapter shall be applied solely to parks and recreation purposes.  (Ord. 16553 § 10, 2009).

 

          7.09.100  Impoundment - notice - signs - towing - limitations.

          A.  In addition to the remedies provided elsewhere in this chapter and in K.C.C. Title 23, the director may impound a vehicle without giving prior notice to its owner, but only if:

            1.  The vehicle to be towed has received five or more notice and orders under this chapter for which appeals have been waived or been completed; and

            2.  All or a portion of the amount owed pursuant to those notices and orders remains an outstanding debt to King County.

          B.  Before impounding any vehicle under this section, the director shall cause signs to be posted in King County parks and recreation facilities to clearly communicate that parked vehicles may be towed and impounded for failure to pay parking fees.

          C.  When impoundment is authorized by this chapter, a vehicle may be impounded by a towing contractor acting at the request of an employee or other authorized agent of the King County department of natural resources and parks.  The employee or authorized agent shall provide to the towing contractor a signed authorization for the tow and the impound before the towing contractor may proceed with the impound.

          D.  Notice to the owner of an impounded vehicle, redemption of impounded vehicles and postimpoundment procedures shall occur in accordance with K.C.C. chapter 14A.XX (the new chapter created in Ordinance 18743, Section 38)*.

          E.  Nothing in this section shall be construed to authorize seizure of a vehicle without a warrant where a warrant would otherwise be required.  Nothing in this section limits K.C.C. 46.08.040, or derogates from the power of police officers under the common law or other statute or ordinance.**  (Ord. 18754 § 34, 2018:  Ord. 16553 § 11, 2009).

 

Reviser's notes:

*K.C.C. chapter 14.60 was created in Ordinance 18743, Section 37.

**The existing subsection E. was not included in Ordinance 18754.

 

          7.09.110  Loss of park or recreation facility use - ejection.  In addition to any prescribed penalty, any person failing to comply with this chapter shall, in the director's sole discretion, be subject to the loss of park or recreation facility use privileges and ejection from the county park and recreation facility where the violation took place.  (Ord. 16553 § 12, 2009).

 

          7.09.120  Effective dates - notice and order - service of decisions.

          A.  Service of a notice and order under K.C.C. 7.09.030 shall be deemed effective on the date the notice and order is placed on the vehicle.

          B.  Service of a director's decision under K.C.C. 7.09.040 shall be deemed effective three days after a written copy of the decision is mailed to the person requesting review.

          C.  Service of a hearing examiner's decision under K.C.C. 7.09.050 shall be deemed effective on the date a written copy of the decision is mailed to the person appealing the director's decision.  (Ord. 18230 § 89, 2016:  Ord. 16553 § 13, 2009).

 

          7.09.130  Procedures not exclusive.  The procedures set forth in this chapter are not exclusive.  These procedures shall not in any manner limit or restrict the county from remedying civil code violations, including failure to pay applicable parking fees, in any other manner authorized by law, including but not limited to legal or equitable relief.  (Ord. 16553 § 14, 2009).

 

7.12    RULES FOR USE OF FACILITIES

 

Sections:

I - GENERAL

 

          7.12.020     Program ‑ purpose.

 

II - ADMINISTRATION

 

          7.12.030     Administrative rules ‑ Hours and conditions of operation.

          7.12.035     Designating off-limits areas.

          7.12.040     Permits.

          7.12.050     Special use permits.

          7.12.060     Cancellation of reservation or permit.

          7.12.070     Religious services or group rallies.

          7.12.080     Use of facilities - building use hours.

          7.12.090     Cleanup.

          7.12.100     Liability.

          7.12.110     Liability insurance.

          7.12.120     Adults to accompany minors.

          7.12.130     Storage of equipment ‑ Liability of county.

          7.12.140     Equipment regulations ‑ Failure to perform.

          7.12.150     Facility use ‑ sale of goods and services.

 

III - RULES GOVERNING USE OF FACILITIES - INFRACTIONS

 

          7.12.165     Camping.

          7.12.175     Campfires.

          7.12.185     Motor vehicle operation.

          7.12.195     Parking motor vehicle.

          7.12.205     Occupancy of associated marine area.

          7.12.215     Fishing or taking shellfish.

          7.12.225     Pet animals.

          7.12.235     Cleaning fish or food, washing clothing, articles for personal or household use, pet animals, or vehicles.

          7.12.245     Areas of no entry - exceptions.

          7.12.255     No entry or remaining outside of regular park hours - exceptions.

          7.12.265     Littering.

          7.12.275     Activities prohibited without specific lease, agreement, or permit.

          7.12.285     Alcoholic beverages prohibitions - exceptions.

          7.12.295     Marijuana.

          7.12.305     Tobacco prohibited - exceptions.

          7.12.315     Trail and pathway use - open to all users - exceptions - postings - permits - rules - user code of conduct.

          7.12.325     Disturbing of others - disruption of operations - harassment or interference with employees or others.

 

IV - RULES GOVERNING USE OF FACILITIES - MISDEMEANORS

 

          7.12.495     Riding or driving horse, pack animal, other animal in manner that could cause physical harm to person.

          7.12.505     Mechanical trapping device - exceptions.

          7.12.515     Prohibited actions toward various items and animals - exceptions.

          7.12.525     Construction, installation, placement, erection of structure , improvement, landscaping or obstruction prohibited - exceptions.

          7.12.535     Garbage, waste, yard waste, rubbish, refuse prohibitions - exceptions.

          7.12.545     Aircraft, model aircraft, model planes, rockets, drones prohibited - exceptions - kits and decorative balloons allowed - exceptions.

          7.12.555     Firecrackers, rockets, fireworks, explosives, harmful substances, bows and arrows, crossbows, air or gas weapons, and firearms - prohibitions - exceptions.

 

V - PENALTIES

 

          7.12.650     Infractions.

          7.12.660     Misdemeanors.

          7.12.670     Administrative sanctions.

 

VI - PARK SAFETY - ENFORCEMENT

 

          7.12.680     Park safety.

          7.12.690     Responsibilities.

          7.12.700     Enforcement methods.

          7.12.710     Contractual agreements.

 

VII - MISCELLANEOUS PROVISIONS

 

          7.12.730     Collective bargaining obligation.

 

I ‑ GENERAL

 

          7.12.020  Program - purpose.

          A.  The playgrounds, activity centers, pools and other facilities of the division are established by law for public recreation purposes, including, but not limited to, the provision of community services by third parties.

          B.  The director is authorized to adopt rules, under the procedures specified in K.C.C. chapter 2.98, that are not inconsistent with this chapter or other King County ordinances for the management, control, and use of facilities.  (Ord. 19771 § 5, 2024:  Ord. 14509 § 13, 2002:  Ord. 6798 § 2, 1984).

 

II ‑ ADMINISTRATION

 

          7.12.030  Administrative rules - Hours and conditions of operation.

          A.  Except as provided in a lease, use agreement, or concession agreement, the operating hours for all county parks and recreation facilities, other than regional trails, are from thirty minutes before sunrise to thirty minutes after sunset.

          B.  The director may adopt rules as authorized under K.C.C. 7.12.020.B. to establish the operating hours for regional trails.  Until the director adopts rules, this subsection applies.  Regional trails are open to public use daily from thirty minutes before sunrise to thirty minutes after sunset unless the director temporarily closes a regional trail or modifies hours of operation if necessary to protect the public health, safety, or welfare or to protect the environment or public assets.  (Ord. 19771 § 6, 2024:  Ord. 6798 § 3, 1984).

 

          7.12.035  Designating off-limits areas.

          A.  The director may designate portions of parks and recreation facilities that are permanently or indefinitely off limits to the general public for the purpose of protecting park resources or the environment, or for the purpose of protecting the public from conditions that constitute a potential safety hazard.  Any portion of a facility that is designated as permanently or indefinitely off limits under this section must have posted notice of the designation.

          B.  The director may temporarily close part or all of any parks and recreation facility to the public for purposes of maintenance or construction, including site restoration, or to protect the public from conditions that constitute a potential safety hazard.  (Ord. 19771 § 7, 2024:  Ord. 14509 § 14, 2002).

 

          7.12.040  Permits.  The manager may issue permits to community groups or persons to meet or conduct activities in the parks and recreation facilities if those facilities or portions thereof are not otherwise required by the division.  The director shall charge the applicable user fee for the use permitted under the permit.  (Ord. 14509 § 15, 2002:  Ord. 12003 § 2, 1995:  Ord. 6798 § 4, 1984).

 

          7.12.050  Special use permits.

          A.  Uses not meeting all of the requirements in K.C.C. 7.12.040, and any other private uses of parks and recreation facilities of less than one hundred twenty days in a twelve-month period not governed by another code provision,  may be authorized by special use permits granted by the director.  A fee shall be charged for those uses.  The director shall determine the amount of fee.  As appropriate, the director shall specify special conditions of use and note the conditions on the special use permit.  Special use permits may have a term of up to five years without requiring council approval.

          B.  Those applying for special use permits for activities at which the consumption of alcoholic beverages is intended must meet the requirements of state law with respect to liquor permits and this chapter.  During the course of the activity, the state liquor permit must be displayed within the area.  (Ord. 19771 § 8, 2024:  Ord. 14509 § 16, 2002:  Ord. 12003 § 3, 1995:  Ord. 8538 § 1, 1988:  Ord. 6798 § 5, 1984).

 

          7.12.060  Cancellation of reservation or permit.  The division may cancel a reservation or permit for cause or if the division wishes to make use of the facility that in the judgment of the division supersedes the need of the permittee.  Notice of the division's cancellation for priority use shall be given at least twenty‑four hours in advance of the reserved or permitted use.  Notice of cancellation for cause may be given at any time.  (Ord. 14509 § , 17, 2002:  Ord. 6798 § 6, 1984).

 

          7.12.070  Religious services or group rallies.  Religious services or group rallies may be permitted in King County park areas where facilities are adequate, and where such activities will not conflict in any way with normal park usage.  To avoid conflict, permission for such activities must be obtained in advance from the manager.  Permission for use of loudspeakers by groups must be obtained in advance.  (Ord. 6798 § 7, 1984).

 

          7.12.080  Use of facilities - building use hours.  Activities of persons using facilities shall cease at 10:00 p.m. on Sundays through Thursdays and at 12:30 a.m. on Fridays and Saturdays, unless otherwise approved in the use permit.  (Ord. 14509 § 18, 2002:  Ord. 6798 § 8, 1984).

 

          7.12.090  Cleanup.  All persons must leave facilities in a condition considered satisfactory to the facility manager in charge who will supervise cleanup activity.  No person shall conduct activities causing extra custodial work unless previous agreement has been made to pay for such work and this is so stated in the use permit.  (Ord. 6798 § 9, 1984).

 

          7.12.100  Liability.  Persons using facilities by permit will be required to protect, save and hold King County, its elected and appointed officials and employees while acting within the scope of their duties, harmless from and against all claims, demands and causes of action of any kind or character, including the cost of defense thereof, arising in favor of a person or group's members or employees or third parties on account of any action including but not limited to personal injuries, death or damage to property arising out of the use of premises, or in any way arising out of the acts or omissions of the person, group and/or its agents, employees or representatives.  (Ord. 6798 § 10, 1984).

 

          7.12.110  Liability insurance.  During all periods of use, persons using facilities by permit shall, except when a waiver is obtained from the department, obtain and maintain public liability insurance acceptable to the county and/or other insurance necessary to protect the public and the county on premises to be used, with limits of liability not less than:  one million dollars per each person personal injury; one million dollars each occurrence personal injury;           one million dollars per each occurrence property damage; or a combined single-limit personal injury or property damage, or both, liability of two million dollars per occurrence.  Persons shall provide a certificate of insurance, or, upon written request of the county, a duplicate of the policy, as evidence of the insurance protection provided.  The insurance  shall not be cancelled or reduced without prior written notice to the county at least thirty days in advance of the cancellation.  (Ord. 19771 § 9, 2024:  Ord. 12003 § 4, 1995:  Ord. 6798 § 11, 1984).

 

          7.12.120  Adults to accompany minors.  Adults must be present and responsible at all assemblies of minors throughout the entire function.  (Ord. 6798 § 12, 1984).

 

          7.12.130  Storage of equipment - Liability of county.  Persons using facilities should not expect storage space for equipment necessary for their programs.  If temporary storage is provided, King County shall not be held responsible for loss or damage.  County equipment shall not be loaned to any non‑county person, group or organization without prior written permission from the department.  (Ord. 12003 § 5, 1995:  Ord. 6798 § 13, 1984).

 

          7.12.140  Equipment regulations - Failure to perform.  Misuse of a park facility or failure to conform with these regulations, the instructions of division employees, or the conditions of a permit, is a sufficient reason for the division to deny a person's subsequent application for any future permit.  (Ord. 19771 § 10, 2024:  Ord. 6798 § 14, 1984).

 

          7.12.150  Facility use - sale of goods or services.  The use of parks and recreation facilities for financial gain shall be allowed only through permits, concession contracts, leases and other authorized agreements with the county.  (Ord. 14509 § 19, 2002:  Ord. 6798 § 15, 1984).

 

III ‑ RULES GOVERNING USE OF FACILITIES ‑ INFRACTIONS

 

          7.12.165  Camping.

          A person may camp in any park area only where designated and posted as a campsite or trailer site and shall meet the following conditions:

          A.  Occupancy of a campsite or trailer site is limited to seven consecutive days within a thirty-day period.  The director may designate and post a shorter limit for any site;

          B.  The number of vehicles occupying a campsite or trailer site is limited to one car or camper, or one vehicle with trailer.  The director may designate and post a higher limit on the number of vehicles or a limit on the permitted length of a camper or trailer for any site; and

          C.  Fees for the use of campsites or trailer sites are due and payable daily.  The daily fee covers use of the site until the vacating time on the following day.  If the site is not vacated by the vacating time and all personal property is not removed, an additional use fee may be charged.  (Ord. 19771 § 11, 2024).

 

          7.12.175  Campfires.  A person may ignite or maintain a campfire in any park area only where such use is designated and posted and either the park area is equipped with a containment device such as a stove or fire ring or a person brings such a device capable of containing a campfire.  Also, campfires  shall not be ignited or maintained in the following circumstances:

          A.  During an air quality burn ban issued by the Puget Sound Air Pollution Control Agency;

          B.  During a fire-safety burn ban issued by the fire marshal; or

          C.  Between 11:00 p.m. and 6:00 a.m.  (Ord. 19771 § 12, 2024).

 

          7.12.185  Motor vehicle operation.

          A.  A person may operate a motor vehicle in a park area while the vehicle is being used for a noncommercial purpose related to use of the park area for recreation or another authorized purpose.  Through traffic is not permitted within the boundaries of any park area.  The limitations in this subsection A. do not apply to emergency vehicles or maintenance vehicles, commercial vehicles, or construction vehicles, authorized by the department;

          B.  A person may operate a motor vehicle in a park area while the vehicle is being used for commercial purposes only in the service of the division at the request of an employee of the division, by express permission of the director for a special activity consistent with King County park use or on county roads or state highways; and

          C.  A person driving a motor vehicle in a park area shall not exceed a speed of twenty-five miles per hour or as otherwise posted, having due regard for traffic on, and the surface and width of, the road. In no event shall a person drive at a speed that endangers the safety of persons, property, or wildlife.  However, in campsite, picnic, utility, or headquarters areas or in an area of general public assemblage, a person shall not exceed a speed of fifteen miles per hour.  (Ord. 19771 § 13, 2024).

 

          7.12.195  Parking motor vehicle.  A person may park a motor vehicle in any park area only when the person is using the area for the designated recreational purpose and the vehicle is parked either in the designated parking area, or in another area with the permission of a facility manager.  A person shall not conduct business from a parked vehicle without a permit.  A vehicle shall not be parked, left standing, or abandoned, in any park area after closing time except by persons who have paid the applicable user fees to camp in campsites or trailer sites, to moor boats overnight at designated associated marine area or marine facility sites, or to use a park area as part of an event authorized by the division.  A vehicle found parked in violation of this section may be impounded at the owner's expense.  (Ord. 19771 § 14, 2024).

 

          7.12.205  Occupancy of associated marine area.  A person may occupy an associated marine area unless otherwise posted and shall meet the following conditions:

          A.  Occupancy of any portion of a marine facility is limited to three consecutive days in a seven-day period.  The director may designate and post a shorter or longer occupancy period for a marine facility.  A boat or vessel found to be in violation of this chapter may be impounded at the owner's expense;

          B.  Use of commercial watercraft is permitted in an associated marine area only when authorized by the director or facility manager;

          C.  Mooring, anchoring, docking, or berthing a boat or other object overnight in a park area or associated marine area is permitted only where designated and posted;

          D.  Tandem moorage of up to three boats or other objects tied or rafted together when moored, docked, or berthed adjacent to a dock, pier or float is permitted in a park area;

          E.  Boat launching is permitted only in designated and posted areas, except in an emergency situation.  Swimming and sunbathing are not permitted in any designated boat launching areas; and

          F.  Use or flushing of any marine head that, when flushed, emits its contents directly into the waters of a lake, river, Puget Sound, or any other water area, is not permitted.  Dumping of any human or animal waste while moored, anchored, docked or berthed in a park area or associated marine area or when entering or leaving such areas is not permitted.  (Ord. 19771 § 15, 2024).

 

          7.12.215  Fishing or taking shellfish.  A person may fish or take shellfish and under the following conditions:

          A.  Fishing is permitted in a park area unless the area is designated and posted with a sign prohibiting fishing.  All state and federal laws, rules, and regulations relating to season, limits, and methods of fishing apply to fishing in a park area; and

          B.  All state and federal laws, rules, and regulations, treaty obligations, leases, and health advisories relating to season, limits, and methods of taking apply to the taking of shellfish in or accessed through a park area.  (Ord. 19771 § 16, 2024).

 

          7.12.225  Pet animals.

          A.  Domestic pet animals are permitted in all park areas except play areas and athletic fields or where otherwise prohibited by posting.  Any such a posting will not apply to service animals or activities authorized by a permit issued under K.C.C. 7.12.050.

          B.  Except in a designated off-leash area for dogs, pet animals must be kept on a leash no greater than eight feet long and under control at all times.  A pet animal required to be on a leash shall not be allowed to remain unattended or insecurely tied.  The director may designate and post off-leash areas for dogs.  Dogs in designated off-leash areas must be accompanied by the dog's owner or other caretaker, be under vocal control, and not cause a nuisance or safety hazard.

          C.  Any person with a pet animal shall be responsible for the conduct of the animal and for removing from the park area feces deposited by the animal.

          D.  Pet animals must not be allowed to bite or in any way molest or annoy park visitors or bark continuously.

          E.  Horses and pack animals are permitted in all park areas except:  buildings; designated swimming areas; play areas, including athletic fields; areas where persons are picnicking; or areas designated and posted as closed to horses or pack animals unless permitted by director.  A horse or pack animal shall not be allowed to stand unattended or insecurely tied.  Any person with a horse or pack animal shall be responsible for the conduct of the animal and for removing from the park area feces deposited by the animal.  (Ord. 19771 § 17, 2024).

 

          7.12.235  Cleaning fish or food, washing clothing, articles for personal or household use, pet animals, or vehicles.  A person  shall not clean fish or other food or wash clothing or other articles for personal or household use, a pet animal, or any vehicle, except at park areas designated and posted for such a use.  (Ord. 19771 § 18, 2024).

 

          7.12.245  Areas of no entry - exceptions.

          A.  A person  shall not enter the following park areas:

            1.  Areas designated and posted as off-limits or temporarily closed; and

            2.  Areas covered with ice unless specifically designated and posted as permitting travel on ice.

          B.  This section does not apply to law enforcement officers, firefighters, paramedics, or authorized county employees or contractors.  (Ord. 19771 § 19, 2024).

 

          7.12.255  No entry or remaining outside of regular park hours - exceptions.  A person  shall not enter or remain in a park area outside regular park hours except persons who have paid the applicable user fees to camp in campsites or trailer sites, to moor boats overnight at designated marine area or marine facility sites, and to use a park area as part of an event authorized by the director.  If a person is using a regional trail that passes through another park area, the hours applicable to the regional trail apply.  (Ord. 19771 § 20, 2024).

 

          7.12.265  Littering.  A person  shall not litter in any park area.  Bottles, broken glass, ashes, food, wastepaper, cans, or other rubbish or waste must be deposited in a garbage can or other waste, or recycling receptacle, designated for those purposes, or packed out by the person using the park area.  (Ord. 19771 § 21, 2024).

 

          7.12.275  Activities prohibited without specific lease, agreement, or permit.  A person  shall not, in any park area, except by lease under K.C.C. chapter 4.56, concession contract under K.C.C. chapter 4.57, advertising, sponsorship, or naming rights agreement under K.C.C. 7.08.080, or permits under K.C.C. 7.12.040 or 7.12.050:

          A.  Solicit, sell, peddle, or give away, any goods, services, wares, merchandise, liquids, or edibles;

          B.  Post or distribute any circulars or signs;

          C.  Use any loudspeakers or other amplifying devices; or

          D.  Operate any business or conduct any for-profit activity.  (Ord. 19771 § 22, 2024).

 

          7.12.285  Alcoholic beverages prohibitions - exceptions.

          A.  A person shall not sell, open, or possess alcoholic beverages in an open container or consume any alcoholic beverage in a park area or associated marine area except in areas designated and posted by the director.  Alcohol sales, possession, and consumption shall comply with Washington state laws and regulations.

          B.  Entering or remaining in a park area or associated marine area while in a state of intoxication is prohibited.  (Ord. 19771 § 23, 2024).

 

          7.12.295  Marijuana.  A person shall not open a package containing marijuana, useable marijuana, marijuana-infused products, or marijuana concentrates, or consume marijuana, useable marijuana, marijuana-infused products, or marijuana concentrates in a park area.  (Ord. 19771 § 24, 2024).

 

          7.12.305  Tobacco prohibited - exceptions.  A person shall not use tobacco products in park areas except where designated and posted.  (Ord. 19771 § 25, 2024).

 

          7.12.315  Trail and pathway use - open to all users - exceptions - postings - permits - rules - user code of conduct.

          A.  Regional trails, backcountry trails, other trails, and paved pathways in park areas are open to all users, unless designated and posted in accordance with subsection E. of this section; provided a person shall not use a motor vehicle or micromobility device except as authorized by this section.

          B.  Authorized maintenance, police, and emergency vehicles, as well as micromobility devices used by persons with disabilities, including but not limited to power-driven wheelchairs and scooters, are allowed on trails and on paved pathways in park areas.

          C.  A person may operate a micromobility device as defined in section 7.01.010.BB and a Class 1 or Class 2 electric-assisted bicycle only on regional trails and paved pathways within park areas unless prohibited by state or federal law.  The director shall post those regional trails and paved pathways where these uses are prohibited.  A person shall not operate a Class 3 electric-assisted bicycle on any trails or pathways within park areas.

          D.  The director may adopt rules as authorized under K.C.C. 7.12.020.B. to permit the use of motor vehicles or micromobility devices on trails and pathways under specified conditions.

          E. The director may further restrict permitted uses on individual trails and pathways and shall post such additional restrictions at park entrances or trailheads or, in some cases, on individual trails.

          F.  A person who uses or travels in any manner on a trail, shall follow the following trail user code of conduct, which is:

            1.  Travel at a speed of fifteen miles per hour or less on regional and backcountry trails unless otherwise posted, except trails in park areas dedicated exclusively as mountain bike areas.  However, a person  shall not travel at a speed greater than is reasonable and prudent under the conditions with regard to the actual and potential hazards then existing;

            2.  Stay as near to the right side of the trail as is safe, except when necessary to prepare to make turns or while overtaking and passing another user moving in the same direction;

            3.  Exercise due care and caution to avoid colliding with or otherwise endangering any other trail user, and travel in a consistent and predictable manner.  Trail users should be aware of the potential for travel conflicts between different uses of the trail;

            4.  Bicyclists and other trail users on wheeled devices shall yield to pedestrians, horses, or pack animals.  Pedestrians shall yield to horses or pack animals;

            5.  Groups of users, including any animals, shall not occupy more than one half of the trail as measured from the right side, so as to not impede the normal and reasonable movement of other users;

            6.  Give an audible warning signal by voice, bell, or horn before passing another trail user.  The signal must be produced in such a manner as to allow adequate time for response;

            7.  Exercise extreme caution to prevent frightening horses or pack animals with sudden noise or movement, and sound an audible warning when approaching equestrians or pack animals from behind or when attempting to pass;

            8.  When overtaking another trail user proceeding in the same direction, pass to the left at a safe distance and stay to the left until safely clear of the overtaken user;

            9.  When entering or crossing at uncontrolled points, yield to traffic on the trail;

            10.  From sunset to sunrise, maintain low noise levels and equip a bicycle or other wheeled device with a light or wear a headlight.  Lights must be visible five hundred feet to the front and a red or amber light visible five hundred feet to the rear;

            11.  Respect private lands adjacent to trails and stay on trails to avoid trespassing on or interfering with adjacent private property;

            12.  Do not attempt to frighten, annoy, harm or harass any horse, pack animal or other animals on adjacent private property; and

            13.  Obey the instructions of any traffic control personnel, and obey any official traffic control device placed in accordance with applicable laws unless otherwise directed by a law enforcement officer.  (Ord. 19771 § 26, 2024).

 

          7.12.325  Disturbing of others - disruption of operations - harassment or interference with employees or others.  A person  shall not unreasonably disturb others by engaging in unruly, harmful, or abusive behavior and  shall not disrupt or through the person's action or behavior intend to disrupt parks and recreation division operations and  shall not harass or through the person's actions or behavior, intend to harass, or otherwise interfere with a parks and recreation division employee or other person using a park area.  (Ord. 19771 § 27, 2024).

 

IV ‑ RULES GOVERNING USE OF FACILITIES ‑ MISDEMEANORS

 

          7.12.495  Riding or driving horse, pack animal, other animal in manner that could cause physical harm to person.  A person  shall not ride or drive a horse, pack animal, or other animal in a park area in a manner that could cause physical harm to any person.  (Ord. 19771 § 29, 2024).

 

          7.12.505  Mechanical trapping device - exceptions.  A person  shall not use a mechanical trapping device in a park area.  This section does not apply to the following persons when acting in their official capacity:  law enforcement officers; state or federal fish and wildlife officers; or King County employees or contractors.  (Ord. 19771 § 30, 2024).

 

          7.12.515  Prohibited actions toward various items and animals - exceptions.           A. Except as to a King County employee or contractor acting in their official capacity, or as authorized by the director or otherwise authorized by law, a person  shall not move, remove, destroy, mutilate, or damage any structure, landscaping, tree, shrub, vegetation, human-made or natural object, equipment, vehicle, fixture, gate, sign, barricade, lock, or other property lawfully in any park area.

          B.  A person  shall not attempt to capture, tease, annoy, disturb, or strike any animal with any stick, weapon, or other device or to throw or otherwise propel any missile or other object at or in the vicinity of any such an animal, except for fishing and shellfishing in authorized areas and subject to Washington state laws and rules.  (Ord. 19771 § 31, 2024).

 

          7.12.525  Construction, installation, placement, erection of structure , improvement, landscaping or obstruction prohibited - exceptions.  A person  shall not construct, install, place, or erect any structure, improvement, landscaping or obstruction of any kind on any park area without prior written permission from director.  This section does not apply to authorized employees or agents of King County, law enforcement officers, or emergency response personnel, when acting in their official capacities.  (Ord. 19771 § 32, 2024).

 

          7.12.535  Garbage, waste, yard waste, rubbish, refuse prohibitions - exceptions.

          A.  A person  shall not deposit in a park area, including into a garbage can or other receptacle, any household or commercial garbage, refuse, waste, yard waste, or rubbish, that is brought in that form from outside a park area.

          B.  A person  shall not drain or dump refuse or waste from a trailer, camper, automobile, or other vehicle except in designated disposal areas or receptacles in a park area and only if the person is a current authorized occupant of an approved campsite or trailer site.

          C.  A person  shall not deposit refuse or waste, including human or bodily waste, into any stream, river, lake, or other body of water running in, through, or adjacent to any park area.  (Ord. 19771 § 33, 2024).

 

          7.12.545  Aircraft, model aircraft, model planes, rockets, drones prohibited - exceptions - kits and decorative balloons allowed - exceptions.

          A.  A person shall not use aircraft, including model aircraft, in a park area, except as provided in subsections B. and C. of this section; as authorized by the director; to transport persons as necessary in the event of an accident, disaster, or emergency; or for an emergency landing.  For an emergency landing, the owner of the aircraft must provide a written statement explaining the circumstances of the landing within seventy-two hours of the landing.

          B.  A person shall not use model planes, rockets, or drones in a park area except in areas specifically designated and posted for that purpose or with a permit issued by the director.

          C.  A person may fly kites or display decorative balloons in a park area unless such a use is designated and posted as prohibited.  (Ord. 19771 § 34, 2024).

 

          7.12.555  Firecrackers, rockets, fireworks, explosives, harmful substances, bows and arrows, crossbows, air or gas weapons, and firearms - prohibitions - exceptions.

          A.  A person shall not possess, discharge, set off, or cause to be discharged, in or into any park area, any firecracker, torpedo, rocket, firework, explosive, or substance harmful to the life or safety of persons or property, unless authorized by the director.

          B.  A person, except authorized law enforcement personnel, shall not possess a bow and arrow, crossbow, or air or gas weapon, in a park area.  A person shall not discharge across, in, or into a park area a firearm, bow and arrow, crossbow, air or gas weapon, or any device capable of injuring or killing any person or animal or damaging or destroying any public or private property, except as authorized in K.C.C. 7.12.215 through this section.  This subsection does not apply if the director authorizes a special recreational activity, including a limited deer-hunting season at King County's Island Center forest, that it is not inconsistent with park use.  (Ord. 19771 § 35, 2024).

 

V ‑ PENALTIES

 

          7.12.650  Infractions.

          A.  Failure to perform any act required or the performance of any act prohibited by K.C.C. 7.12.165 through 7.12.325 shall be designated as a civil infraction, punishable by a monetary penalty, suspension of park privileges, or both.

          B.  Any person found a to have committed a civil infraction shall be assessed a monetary penalty not to exceed five hundred dollars.

          C.  A finding that an infraction has been committed shall not give rise to any other legal disability that is based upon conviction of a crime.

          D.  Appeal of a civil infraction shall be governed by K.C.C. chapter 20.22.  (Ord. 19771 § 37, 2024:  Ord. 8518 § 2, 1988:  Ord. 6798 § 65, 1984).

 

          7.12.660  Misdemeanors.

          A.  Any person found to have committed a violation of K.C.C. 7.12.495 through 7.12.555 is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than ninety days, or both.

          B.  Any person cited for a violation of K.C.C. 7.12.495 through 7.12.555 shall be subject to the jurisdiction of the King County district court.  (Ord. 19771 § 38, 2024:  Ord. 6798 § 66, 1984).

 

          7.12.670  Administrative sanctions.  In addition to any prescribed civil or criminal penalty, any person failing to comply with any provision of this chapter may be subject to suspension of park privileges in accordance with K.C.C. 7.12.700.  (Ord. 19771 § 39, 2024:  Ord. 6798 § 67, 1984).

 

VI ‑ PARK SAFETY ‑ ENFORCEMENT

 

          7.12.680  Park safety.

          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 county parks and recreation facilities.  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 county 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 county have of the park or facility as a safe place to use.  The division 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.  (Ord. 6798 § 68, 1984).

 

          7.12.690  Responsibilities.  Park safety is the responsibility of both the department of public safety and the department of natural resources and parks.  Specific responsibilities include the following:

          A.  Department of natural resources and parks:

            1.  Enforcing rules of conduct set forth in the ordinance for which department personnel have appropriate authority.

            2.  Developing and implementing public awareness programs regarding the purpose of the facilities and the rules governing their use.

            3.  Encouraging voluntary compliance with rules based on awareness.

            4.  Training department personnel in the appropriate use of administrative sanctions as a means of park rule enforcement.

            5.  Notification of law enforcement officers who have primary jurisdiction in a particular geographic area whenever department personnel observe violations of park rules requiring 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.

          B.  Public safety department:

            1.  Deputizing and training of personnel authorized to issue citations for infractions and misdemeanor offenses.

            2.  Providing supplementary patrols in natural resources and parks facilities as jointly determined by the director of the department of natural resources and parks and the county sheriff.

            3.  Responding, as appropriate, to requests from department personnel for assistance in situations beyond their capacity or authority to act.  (Ord. 14199 § 126, 2001:  Ord. 11684 § 14, 1995:  Ord. 6798 § 69, 1984).

 

          7.12.700  Enforcement methods.

          A.  Infractions are subject to enforcement by issuance of a citation in accordance with K.C.C. 7.12.650.  Misdemeanor violations are subject to enforcement by either issuance of a citation or arrest by the duly authorized law enforcement officer or both, in accordance with K.C.C. 7.12.660.  Violations of park rules and regulations and this chapter may be enforced by immediate suspension of the violator's park privileges and ejection from park facilities enforced by the duly authorized law enforcement officer, or by the director or designee in accordance with this section.

          B.1.  The director may suspend a person's privileges to enter park facilities when a person has been found to have violated any provision in this chapter, any public rule adopted in accordance with K.C.C. chapter 2.98, or any provision in the Revised Code of Washington.

            2.  The director may designate park employees to issue warnings to persons in violation of subsection B.1. of this section and to request voluntary compliance.  Designated park employees may issue a written and immediate enforceable order of suspension to a person who fails to comply with the request of voluntary compliance.  The division shall ensure that interpretation services are available for communications with limited-English-proficient persons related to requesting voluntary compliance and issuing an order of suspension.

            3.  Any order of suspension shall be in writing and shall inform the person suspended of the cause, the period of the suspension, and that failure to comply shall be grounds for criminal prosecution.  The order of suspension shall also inform the person suspended of the process for appealing the order.  The order of suspension shall be available in translated languages for limited-English-proficient persons in accordance with K.C.C. 2.15.030.  Service of the suspension order may be accomplished by personal delivery or by mailing a copy, addressed to the person's last known address, by certified U.S. mail.  Unless otherwise specified on the order, the suspension shall take effect immediately upon actual or constructive receipt of the order by the person being suspended.  A person may not defeat the effectiveness of a suspension by refusing to accept the order.  Receipt of the order is construed to have been accomplished if the person knew or reasonably should have known from the circumstances that the person's privileges to enter parks facilities have been suspended.  If the order is mailed, then receipt of the order is construed to have been accomplished three days after the order has been placed with the U.S. Postal Service for delivery.  Failure to immediately comply with such a suspension order shall be grounds for prosecution for criminal trespass.

            4.  The length of the suspension may be:

              a.  up to thirty days from the date of the suspension order if the person has not been the subject of a suspension order within one year before the current violation and the violation is not a felony violation or weapon violation;

              b.  up to ninety days from the date of the suspension order if the person has been the subject of only one suspension order issued within one year before the current violation, and neither the current nor the past violation was a felony violation or weapon violation; or

              c.  up to one year from the date of the suspension order if the person has been the subject of two or more suspension orders within one year before the current violation, or if the current violation is a felony violation or weapon violation.

            5.  Before the expiration of the suspension period, a person whose privileges to enter Parks facilities have been suspended may initiate an appeal of the suspension in accordance with K.C.C. 20.22.080, except that the filing deadline in K.C.C. 20.22.080.B. and the filing fee in K.C.C. 20.22.080.D. shall not apply.

            6.  The decision of the hearing examiner shall be final and conclusive unless an aggrieved person timely seeks judicial review of the hearing examiner's decision by filing an appeal in superior court as provided under K.C.C. 20.22.270.B.  (Ord. 19771 § 40, 2024:  Ord. 13037 § 3, 1998:  Ord. 12003 § 19, 1995:  Ord. 11684 § 15, 1995:  Ord. 6798 § 70, 1984).

 

          7.12.710  Contractual agreements.  Any other provisions of this chapter notwithstanding, the manager is authorized to enter into a contract or agreement with the director of the King County department of public safety to provide specific park patrol services to enforce the laws and ordinances of King County within King County park areas.  (Ord. 6798 § 71, 1984).

 

VII ‑ MISCELLANEOUS PROVISIONS

 

          7.12.730  Collective bargaining obligation.  Should any provision of this chapter constitute a subject or subjects appropriate for collective bargaining as defined by RCW 41.56.030, implementation of such provision, as it applies to any member of a collective bargaining unit, will occur only after the obligation to bargain has been satisfied.  (Ord. 6798 § 73, 1984).

 

7.16    LAND DEDICATIONS

 

Sections:

          7.16.010     Lease for recreation use.

          7.16.020     Trail easement grants.

 

          7.16.010  Lease for recreation use.  It is the policy of King County to accept the dedication of land for open space and recreational uses, provided it meets park criteria, or in the opinion of the department of natural resources and parks, the land represents a desirable or necessary open space, and that in accepting the dedication the county does not accept responsibility for maintenance unless or until the land is developed to a standard acceptable to the county and provided further that by the dedication King County is given the right to lease the lands for open space or recreation use and development to duly constituted neighborhood or community organizations or special districts who would be responsible for development or maintenance.  (Ord. 14199 § 127, 2001:  Res. 36725 (part), 1969:  Res. 36164).

 

          7.16.020  Trail easement grants.  It is the policy of King County to accept the voluntary grant of trail easements for preservation or replacement of rural community equestrian trails that meet the specifications for such trails set out in K.C.C. chapter 21A.14.  Such grants may be accepted in conjunction with a development proposal or as a separate transaction when offered by the property owner.  The offerings of such grants shall be strictly voluntary.  No county employee shall ever state or suggest to an applicant or the applicant’s representative that the development proposal is or may be contingent on the voluntary offering of the grant.  (Ord. 18670 § 3, 2018:  Ord. 14259 § 2, 2001)

 

7.20    PARK AND RECREATION DISTRICTS

 

Sections:

          7.20.010     Park and Recreation District No. 2.

          7.20.020     Northshore Park and Recreation Service Area.

          7.20.030     Enumclaw Parks and Recreation Service Area

 

          7.20.010  Park and Recreation District No. 2.

          A.  Pursuant to King County Ordinance 6512 the proposition of the formation of King County Park and Recreation District No. 2 was submitted to the qualified resident electors of the proposed district and approved by a majority thereof at the general election conducted on November 8, 1983.

          B.  Pursuant to Chapter 36.69.080 RCW, King County park and recreation district no. 2, encompassing Vashon and Maury Islands, is hereby declared organized as a park and recreation district under Chapter 36.69 RCW.  (Ord. 6620 § 1 & 3, 1983).

 

          7.20.020  Northshore Park and Recreation Service Area.

          A.  The King County council finds that the voters of the Northshore School District have on September 20, 1988 approved the formation of a park and recreation service area with the same boundaries as the Northshore School District by a margin well in excess of the majority needed under state statute.

          B.  The King County council therefore hereby declares that the Northshore Park and Recreation Service Area (PRSA) is formed within the boundaries described in Ordinance 8596.*  (Ord. 8691 § 1, 1988).

 

*Available in the King County Archives.

 

          7.20.030  Enumclaw Parks and Recreation Service Area.

          A.  The King County council finds that the voters of the proposed Enumclaw Parks and Recreation Service District have on November 6, 1990 approved the formation of a park and recreation service area within the boundaries as set forth by Ordinance 9561* by a majority as required by RCW 36.68.470.

          B.  The King County council therefore hereby declares that the Enumclaw Park and Recreation Service Area (PRSA) is formed within the boundaries described in Ordinance 9561.*  (Ord. 9828 § 1, 1991).

 

*Available in the King County Archives.

 

7.24    EARTHWORKS

 

Sections:

          7.24.010     Parking.

          7.24.020     Alcohol Consumption.

          7.24.030     Littering.

          7.24.040     Fires.

          7.24.050     Motorized Vehicles.

          7.24.060     Enforcement.

          7.24.070     Penalty.

 

          7.24.010  Parking.  No person shall park a vehicle between dusk to dawn at the Earthworks, formerly known as Johnson's Pit and described as follows:  Lot 9 Van Devanter's 10‑Acre tracts, as per plat recorded in Volume 12 of Plats, page 84, Records of King County, Washington.  (Ord. 6908 § 1, 1984).

 

          7.24.020  Alcohol Consumption.  It shall be unlawful for any person to consume alcoholic beverages within the Earthworks and its associated parking area.  (Ord. 6908 § 2, 1984).

 

          7.24.030  Littering.  The dumping of refuse or littering on the site of Earthworks is prohibited.  (Ord. 6908 § 3, 1984).

 

          7.24.040  Fires.  The starting of fires for any purpose on the site of the Earthworks is prohibited.  (Ord. 6908 § 4, 1984).

 

          7.24.050  Motorized Vehicles.  Motorized vehicles shall not be permitted on the Earthworks and shall be parked only within the designated parking areas.  (Ord. 6908 § 5, 1984).

 

          7.24.060  Enforcement.  The King County executive is hereby directed and authorized to 1) post the property and 2) take appropriate action to enforce the restrictions identified in K.C.C. 7.24.020 through 7.24.050.  (Ord. 6908 § 6, 1984).

 

          7.24.070  Penalty.  Any violation of this chapter is a misdemeanor and is punishable, upon conviction by a fine not exceeding $250.00 or by confinement in the county jail for a period not exceeding 90 days or both.  (Ord. 6908 § 7, 1984).