Drafter
Clerk 06/04/2024
Title
AN ORDINANCE relating to parks and recreation; amending Ordinance 14509, Section 4, and K.C.C. 7.01.010, Ordinance 14509, Section 7, as amended, and K.C.C. 7.08.060, Ordinance 14509, Section 9, and K.C.C. 7.08.070, Ordinance 14509, Section 10, and K.C.C. 7.08.080, Ordinance 6798, Section 2, as amended, and 7.12.020, Ordinance 6798, Section 3, and K.C.C. 7.12.030, Ordinance 14509, Section 14, and K.C.C. 7.12.035, Ordinance 6798, Section 5, as amended, and K.C.C. 7.12.050, Ordinance 6798, Section 11, as amended, and K.C.C. 7.12.110, Ordinance 6798, Section 12, and K.C.C. 7.12.140, Ordinance 6798, Section 65, and K.C.C. 7.12.650, Ordinance 6798, Section 66, and K.C.C. 7.12.660, Ordinance 6798, Section 67, and K.C.C. 7.12.670, Ordinance 6798, Section 70, as amended, and K.C.C. 7.12.700, and Ordinance 4461, Section 2, as amended, and K.C.C. 20.22.060, adding new sections to K.C.C. chapter 7.12, repealing Ordinance 6798, Section 16, as amended, and K.C.C. 7.12.160, Ordinance 6798, Section 17, and K.C.C. 7.12.170, Ordinance 6798, Section 18, and K.C.C. 7.12.180, Ordinance 6798, Section 19, and K.C.C. 7.12.190, Ordinance 6798, Section 20, and K.C.C. 7.12.200, Ordinance 6798, Section 21, and K.C.C. 7.12.210, Ordinance 6798, Section 22, and K.C.C. 7.12.220, Ordinance 6798, Section 23, and K.C.C. 7.12.230, Ordinance 6798, Section 24, as amended, and K.C.C. 7.12.240, Ordinance 6798, Section 25, as amended, and K.C.C. 7.12.250, Ordinance 6798, Section 26, as amended, and K.C.C. 7.12.260, Ordinance 6798, Section 27, and K.C.C. 7.12.270, Ordinance 6798, Section 28, and K.C.C. 7.12.280, Ordinance 6798, Section 29, and K.C.C. 7.12.290, Ordinance 8518, Section 1, as amended, and K.C.C. 7.12.295, Ordinance 6798, Section 30, as amended, and K.C.C. 7.12.300, Ordinance 6798, Section 31, and K.C.C. 7.12.310, Ordinance 6798, Section 32, and K.C.C. 7.12.320, Ordinance 6798, Section 33, and K.C.C. 7.12.330, Ordinance 6798, Section 34, and K.C.C. 7.12.340, Ordinance 6798, Section 35, and K.C.C. 7.12.350, Ordinance 6798, Section 36, and K.C.C. 7.12.360, Ordinance 6798, Section 37, and K.C.C. 7.12.370, Ordinance 6798, Section 38, and K.C.C. 7.12.380, Ordinance 6798, Section 39, and K.C.C. 7.12.390, Ordinance 6798, Section 40, and K.C.C. 7.12.400, Ordinance 6798, Section 41, as amended, and K.C.C. 7.12.410, Ordinance 6798, Section 42, as amended, and K.C.C. 7.12.420, Ordinance 6798, Section 43, as amended, and K.C.C. 7.12.430, Ordinance 17375, Section 2, and K.C.C. 7.12.435, Ordinance 6798, Section 44, as amended, and K.C.C. 7.12.440, Ordinance 14509, Section 22, and K.C.C. 7.12.445, Ordinance 6798, Section 45, and K.C.C. 7.12.450, Ordinance 6798, Section 46, as amended, and K.C.C. 7.12.460, Ordinance 6798, Section 47, as amended, and K.C.C. 7.12.470, Ordinance 6798, Section 48, as amended, and K.C.C. 7.12.480, Ordinance 6798, Section 49, and K.C.C. 7.12.490, Ordinance 6798, Section 50, and K.C.C. 7.12.500, Ordinance 6798, Section 51, and K.C.C. 7.12.510, Ordinance 6798, Section 52, and K.C.C. 7.12.520, Ordinance 6798, Section 53, as amended, and K.C.C. 7.12.530, Ordinance 6798, Section 54, and K.C.C. 7.12.540, Ordinance 6798, Section 55, as amended, and K.C.C. 7.12.550, Ordinance 6798, Section 56, as amended, and K.C.C. 7.12.560, Ordinance 6798, Section 57, and K.C.C. 7.12.570, Ordinance 6798, Section 58, and K.C.C. 7.12.580, Ordinance 6798, Section 59, and K.C.C. 7.12.590, Ordinance 6798, Section 60, as amended, and K.C.C. 7.12.600, Ordinance 6798, Section 61, as amended, and K.C.C. 7.12.610, Ordinance 6798, Section 62, and K.C.C. 7.12.620, Ordinance 6798, Section 63, as amended, and K.C.C. 7.12.630, Ordinance 6798, Section 64, as amended, and K.C.C. 7.12.640, Ordinance 8538, Section 3, and K.C.C. 7.12.642, and Ordinance 7620, Section 1, and K.C.C. 7.12.645, and prescribing penalties.
Body
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Ordinance 14509, Section 4, as amended, and K.C.C. 7.01.010 are hereby amended to read as follows:
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, ((ultra light)) 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.
((F.)) 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 ((body)) vehicle, a bus, or any similar type vehicle.
((G.)) 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.
((H.)) J. "Campsite" means camping sites designated by the director.
((I.)) K. "Change" a fee means to alter the amount of a fee.
((J.)) 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.
((K.)) Q. "Concession contract" or "concession agreement" means the agreement granting a person a concession with respect to a parks and recreation facility.
((L.)) R. "Department" means the department of natural resources and parks.
((M.)) S. "Director" means the director of the department of natural resources and parks or the director's designee.
((N.)) 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 ((individuals)) persons or groups of ((individuals)) persons, because of ((race, color, religion, national origin, age, sex, marital status, parental status, sexual orientation, gender identity or expression, the presence of any sensory, mental, or physical handicap, or the use of a service or assistive animal)) 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((n individual)) person with a disability.
((O.)) U. "Division" means the parks and recreation division of the department of natural resources and parks.
((P.)) 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.
((Q.)) X. "Establish" a fee means to impose a fee for an activity for which a fee was not being charged.
((R.)) 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 ((owned or otherwise under the jurisdiction of the parks and recreation division of the department of natural resources and parks)).
((S.)) Z. "Facility manager" means the person designated to manage a specific parks and recreation facility.
((T. "High-use areas" means areas of parks and recreation facilities where people congregate. "High-use areas" include athletic fields, off-leash dog parks, parking lots, picnic shelters, playgrounds, sports courts, trailheads, and any other areas designated as high-use areas by the director.
U. "Manager" means the manager of the parks and recreation division of the department of natural resources and parks.
V.)) 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, ((motor)) 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.
((W.)) DD. "Naming rights" means rights to name a facility, except parks, after a person for a term of years in exchange for consideration.
((X.)) 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.
((Y.)) 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.
((Z.)) 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.
((AA.)) 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.
((BB.)) 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.
((CC.)) LL. "Spirits" means any beverage that contains alcohol obtained by distillation, including wines exceeding twenty-four percent of alcohol by volume.
((DD.)) 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.
((EE.)) NN. "Tobacco product" means cigarettes, cigars, vapor products, pipe tobacco, and chewing tobacco.
((FF.)) OO. "Trail" means any path, track, or ((right-of-way)) 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.
((GG.)) PP. "Trailer" means a towed vehicle that contains sleeping or housekeeping accommodations.
((HH.)) QQ. "Trailer site" means a designated camping site that has either water or electrical facilities, or both, available for hookup.
((II.)) 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.
((JJ.)) 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.
SECTION 2. Ordinance 14509, Section 7, as amended, and K.C.C. 7.08.060 are hereby amended to read as follows:
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. ((The target revenue rate from user fees, which are:
a. for swimming pools, at least fifty percent of operation and maintenance costs, including overhead;
b. for the Weyerhaeuser King County Aquatic Center, at least fifty percent of the operation and maintenance costs, including overhead;
c. for the King County fairgrounds, at least one hundred percent of operation and maintenance costs, including overhead;
d. for ballfields, at least thirty percent of operation and maintenance costs, including overhead; and
e. for all other activities, at least thirty percent of operation and maintenance costs, including overhead)) 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 ((individuals meeting federally established low income criteria,)) 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; ((and))
c. by ((publishing in the official county newspaper a summary of the notice of the proposed action, including the information in subsection H.2.a. through e. of this section)) 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 ((in)) under subsection H.1. 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 website.
K. The director ((may)) 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 ((may)) 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 ((may)) 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.
SECTION 3. Ordinance 14509, Section 9, and K.C.C. 7.08.070 are hereby amended to read as follows:
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. ((4.08.095)) 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.
SECTION 4. Ordinance 14509, Section 10, and K.C.C. 7.08.080 are hereby amended to read as follows:
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 ((regional)) any open space land, resource and ecological land((s)) 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.((Furthermore, an advertising, sponsorship or naming rights agreement may not result in the advertisement of spirits or tobacco products in violation of K.C.C. chapter 12.51.))
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.
SECTION 5. Ordinance 6798, Section 2, as amended, and K.C.C. 7.12.020 are hereby amended to read as follows:
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.
SECTION 6. Ordinance 6798, Section 3, and K.C.C. 7.12.030 are hereby amended to read as follows:
((The manager shall promulgate rules setting forth the times and conditions upon which the county parks and recreation facilities will be open, closed, or used by the public. Such rules shall be promulgated in accordance with the procedures established in K.C.C. 2.98.)) 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.
SECTION 7. Ordinance 14509, Section 14, and K.C.C. 7.12.035 are hereby amended to read as follows:
A. The ((manager)) 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. ((The manager may delegate the authority granted under this section to division employees with appropriate restrictions.))
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.
SECTION 8. Ordinance 6798, Section 5, as amended, and K.C.C. 7.12.050 are hereby amended to read as follows:
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 ((thirty)) 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 the 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.
SECTION 9. Ordinance 6798, Section 11, as amended, and K.C.C. 7.12.110 are hereby amended to read as follows:
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: (($500,000)) one million dollars per each person personal injury; (($500,000)) one million dollars per each occurrence personal injury; (($250,000)) one million dollars per each occurrence property damage; or a combined single-limit personal injury ((and/))or property damage, or both, liability of (($1,000,000)) 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. ((This)) The insurance shall not be cancelled or reduced without prior written notice to the county at least thirty days in advance of the cancellation.
SECTION 10. Ordinance 6798, Section 14, and K.C.C. 7.12.140 are hereby amended to read as follows:
((The m))Misuse of a park facility or ((the)) failure to conform with these regulations, the instructions of division employees, or the conditions of a permit, ((will be)) is a sufficient reason for ((denying)) the division to deny a person's subsequent application for any future permit((s)).
NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 7.12, Part III, a new section to read as follows:
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.
NEW SECTION. SECTION 12. There is hereby added to K.C.C. chapter 7.12, Part III, a new section to read as follows:
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.
NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 7.12, Part III, a new section to read as follows:
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.
NEW SECTION. SECTION 14. There is hereby added to K.C.C. chapter 7.12, Part III, a new section to read as follows:
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.
NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 7.12, Part III, a new section to read as follows:
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.
NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 7.12, Part III, a new section to read as follows:
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.
NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 7.12, Part III, a new section to read as follows:
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.
NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 7.12, Part III, a new section to read as follows:
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.
NEW SECTION. SECTION 19. There is hereby added to K.C.C. chapter 7.12, Part III, a new section to read as follows:
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.
NEW SECTION. SECTION 20. There is hereby added to K.C.C. chapter 7.12, Part III, a new section to read as follows:
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.
NEW SECTION. SECTION 21. There is hereby added to K.C.C. chapter 7.12, Part III, a new section to read as follows:
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.
NEW SECTION. SECTION 22. There is hereby added to K.C.C. chapter 7.12, Part III, a new section to read as follows:
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.
NEW SECTION. SECTION 23. There is hereby added to K.C.C. chapter 7.12, Part III, a new section to read as follows:
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.
NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 7.12, Part III, a new section to read as follows:
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.
NEW SECTION. SECTION 25. There is hereby added to K.C.C. chapter 7.12, Part III, a new section to read as follows:
A person shall not use tobacco products in park areas except where designated and posted.
NEW SECTION. SECTION 26. There is hereby added to K.C.C. chapter 7.12, Part III, a new section to read as follows:
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.
NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 7.12, Part III, a new section to read as follows:
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.
NEW SECTION. SECTION 28. The following are hereby repealed:
A. Ordinance 6798, Section 16, as amended, and K.C.C. 7.12.160;
B. Ordinance 6798, Section 17, and K.C.C. 7.12.170;
C. Ordinance 6798, Section 18, and K.C.C. 7.12.180;
D. Ordinance 6798, Section 19, and K.C.C. 7.12.190;
E. Ordinance 6798, Section 20, and K.C.C. 7.12.200;
F. Ordinance 6798, Section 21, and K.C.C. 7.12.210;
G. Ordinance 6798, Section 22, and K.C.C. 7.12.220;
H. Ordinance 6798, Section 23, and K.C.C. 7.12.230;
I. Ordinance 6798, Section 24, as amended, and K.C.C. 7.12.240;
J. Ordinance 6798, Section 25, as amended, and K.C.C. 7.12.250;
K. Ordinance 6798, Section 26, as amended, and K.C.C. 7.12.260;
L. Ordinance 6798, Section 27, and K.C.C. 7.12.270;
M. Ordinance 6798, Section 28, and K.C.C. 7.12.280;
N. Ordinance 6798, Section 29, and K.C.C. 7.12.290;
O. Ordinance 8518, Section 1, as amended, and K.C.C. 7.12.295;
P. Ordinance 6798, Section 30, as amended, and K.C.C. 7.12.300;
Q. Ordinance 6798, Section 31, and K.C.C. 7.12.310;
R. Ordinance 6798, Section 32, and K.C.C. 7.12.320;
S. Ordinance 6798, Section 33, and K.C.C. 7.12.330;
T. Ordinance 6798, Section 34, and K.C.C. 7.12.340;
U. Ordinance 6798, Section 35, and K.C.C. 7.12.350;
V. Ordinance 6798, Section 36, and K.C.C. 7.12.360;
W. Ordinance 6798, Section 37, and K.C.C. 7.12.370;
X. Ordinance 6798, Section 38, and K.C.C. 7.12.380;
Y. Ordinance 6798, Section 39, and K.C.C. 7.12.390;
Z. Ordinance 6798, Section 40, and K.C.C. 7.12.400;
AA. Ordinance 6798, Section 41, as amended, and K.C.C. 7.12.410;
BB. Ordinance 6798, Section 42, as amended, and K.C.C. 7.12.420;
CC. Ordinance 6798, Section 43, as amended, and K.C.C. 7.12.430;
DD. Ordinance 17375, Section 2, and K.C.C. 7.12.435;
EE. Ordinance 6798, Section 44, as amended, and K.C.C. 7.12.440;
FF. Ordinance 14509, Section 22, and K.C.C. 7.12.445;
GG. Ordinance 6798, Section 45, and K.C.C. 7.12.450;
HH. Ordinance 6798, Section 46, as amended, and K.C.C. 7.12.460;
II. Ordinance 6798, Section 47, as amended, and K.C.C. 7.12.470; and
JJ. Ordinance 6798, Section 48, as amended, and K.C.C. 7.12.480.
NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 7.12, Part IV, a new section to read as follows:
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.
NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 7.12, Part IV, a new section to read as follows:
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.
NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 7.12, Part IV, a new section to read as follows:
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.
NEW SECTION. SECTION 32. There is hereby added to K.C.C. chapter 7.12, Part IV, a new section to read as follows:
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.
NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 7.12, Part IV, a new section to read as follows:
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.
NEW SECTION. SECTION 34. There is hereby added to K.C.C. chapter 7.12, Part IV, a new section to read as follows:
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.
NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 7.12, Part IV, a new section to read as follows:
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.XXX (section 16 of this ordinance) 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.
NEW SECTION. SECTION 36. The following are hereby repealed:
A. Ordinance 6798, Section 49, and K.C.C. 7.12.490;
B. Ordinance 6798, Section 50, and K.C.C. 7.12.500;
C. Ordinance 6798, Section 51, and K.C.C. 7.12.510;
D. Ordinance 6798, Section 52, and K.C.C. 7.12.520;
E. Ordinance 6798, Section 53, as amended, and K.C.C. 7.12.530;
F. Ordinance 6798, Section 54, and K.C.C. 7.12.540;
G. Ordinance 6798, Section 55, as amended, and K.C.C. 7.12.550;
H. Ordinance 6798, Section 56, as amended, and K.C.C. 7.12.560;
I. Ordinance 6798, Section 57, and K.C.C. 7.12.570;
J. Ordinance 6798, Section 58, and K.C.C. 7.12.580;
K. Ordinance 6798, Section 59, and K.C.C. 7.12.590;
L. Ordinance 6798, Section 60, as amended, and K.C.C. 7.12.600;
M. Ordinance 6798, Section 61, as amended, and K.C.C. 7.12.610;
N. Ordinance 6798, Section 62, and K.C.C. 7.12.620;
O. Ordinance 6798, Section 63, as amended, and K.C.C. 7.12.630;
P. Ordinance 6798, Section 64, as amended, and K.C.C. 7.12.640;
Q. Ordinance 8538, Section 3, and K.C.C. 7.12.642; and
R. Ordinance 7620, Section 1, and K.C.C. 7.12.645.
SECTION 37. Ordinance 6798, Section 65, as amended, and K.C.C. 7.12.650 are hereby amended to read as follows:
A. Failure to perform any act required or the performance of any act prohibited by ((Part III of this chapter)) sections 11 through section 27 of this ordinance shall be designated as a((n)) civil infraction((;)), punishable by a monetary penalty, suspension of park privileges, or both.
B. (Any person cited for a violation of Part III of this chapter, shall be subject to the applicable Justice Court Rules and bail schedules;
C.)) Any person found ((guilty of committing) a((n)) to have committed a civil infraction shall be assessed a monetary penalty not to exceed (($500.00 and)) five hundred dollars.
((D.)) C. A finding that an infraction has been committed shall not give rise to any other legal disability ((which)) that is based upon conviction of a crime.
D. Appeal of a civil infraction shall be governed by K.C.C. chapter 20.22.
SECTION 38. Ordinance 6798, Section 66, as amended, and K.C.C. 7.12.660 are hereby amended to read as follows:
A. Any person found ((guilty of violating any provision of Part IV of this chapter)) to have committed a violation of sections 29 through 35 of this ordinance is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than (($500.00)) five hundred dollars, or by imprisonment in the county jail for not more than ((90)) ninety days, or both.
B. Any person cited for a violation of sections 29 through 35 of this ordinance shall be subject to the jurisdiction of the King County district court.
SECTION 39. Ordinance 6798, Section 67, and K.C.C. 7.12.670 are hereby amended to read as follows:
In addition to any prescribed civil or criminal penalty, any person failing to comply with any provision of this chapter ((shall)) may be subject to ((the loss of park or recreation facility use privileges and ejection from the county park area or associated marine park area)) suspension of park privileges in accordance with K.C.C. 7.12.700.
SECTION 40. Ordinance 6798, Section 70, as amended, and K.C.C. 7.12.700 are hereby amended to read as follows:
((Violation of the park rules may be a civil infraction or criminal misdemeanor. The initial method of enforcement shall be by a request for voluntary compliance. Violation of the King County Code may be subject to enforcement by the King County sheriff pursuant to K.C.C. 7.12.650 and 7.12.660. In addition, any person failing to comply with the park rules shall be subject to the loss of park or recreation facility use privileges and ejection from county park areas or associated marine park areas. In the future, at the direction of the department director, the park rules ordinance may be updated to request that certain department personnel be commissioned by the King County sheriff for the purpose of issuing citations to the violators of adopted park rules.)) 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.
3. 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.
4. 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.
5. 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.
SECTION 41. Ordinance 4461, Section 2, as amended, and K.C.C. 20.22.060 are hereby amended to read as follows:
The examiner make decisions on:
A. Appeals of orders of the ombuds under the lobbyist disclosure code under K.C.C. chapter 1.07;
B. Appeals of sanctions of the finance and business operations division in the department of executive services under K.C.C. chapter 2.97;
C. Appeals of career service review committee conversion decisions for part-time and temporary employees under K.C.C. chapter 3.12A;
D. Appeals of electric vehicle recharging station penalties by the Metro transit department under K.C.C. 4A.700.700;
E. Appeals of notice and orders of the manager of records and licensing services or the department of local services permitting division manager under K.C.C. chapter 6.01;
F. Appeals of adult entertainment license denials, suspensions, and revocations under K.C.C. chapter 6.09;
G. Appeals of the fire marshal's decisions on fireworks permits under K.C.C. chapter 17.11;
H. Appeals of cable franchise nonrenewals under K.C.C. 6.27A.060 and notices and orders under K.C.C. 6.27A.240;
I. Appeals of notice and orders of the department of natural resources and parks under K.C.C. chapter 7.09;
J. Appeals of decisions of the director of the department of natural resources and parks on surface water drainage enforcement under K.C.C. chapter 9.04;
K. Appeals of decisions of the director of the department of natural resources and parks on requests for rate adjustments to surface and storm water management rates and charges under K.C.C. chapter 9.08;
L. Appeals of decisions on water quality enforcement under K.C.C. chapter 9.12;
M. Appeals of notice and orders of the manager of regional animal services under K.C.C. chapter 11.04;
N. Certifications by the finance and business operations division of the department of executive services under K.C.C. chapter 12.16;
O. Appeals of orders of the office of equity and racial and social justice under K.C.C. chapter 12.17, K.C.C. chapter 12.18, K.C.C chapter 12.20, and K.C.C. chapter 12.22;
P. Appeals of noise-related orders and citations of the department of local services, permitting division, under K.C.C. chapter 12.86;
Q. A decision on a request for exemption under K.C.C. 12.25.020.F.;
R. Appeals of utilities technical review committee determinations on water service availability under K.C.C. 13.24.090;
S. Appeals of decisions regarding mitigation payment system, commute trip reduction, and intersection standards under K.C.C. Title 14;
T. Appeals of changes to speed limits under K.C.C. chapter 14.06;
U. Appeals related to road designations and redesignations under K.C.C. chapter 16.08;
V. Appeals of suspensions, revocations or limitations of plumbing permits under K.C.C. chapter 16.32;
W. Appeals from denials of C-PACER applications under K.C.C. chapter 18.19;
X. Appeals of all Type 2 decisions under K.C.C. chapter 20.20, with the exception of appeals of shoreline permits, including shoreline substantial development permits, shoreline variances, and shoreline conditional uses, which are appealable to the state Shoreline Hearings Board;
Y. Type 3 decisions under K.C.C. chapter 20.20;
Z. Appeals of SEPA decisions under K.C.C. 20.44.120 and public rules adopted under K.C.C. 20.44.075;
AA. Appeals of completed farm management plans under K.C.C. 21A.30.045;
BB. Appeals of decisions of the interagency review committee created under K.C.C. 21A.37.070 regarding sending site applications for certification under K.C.C. chapter 21A.37;
CC. Appeals of citations, notices and orders, notices of noncompliance, and stop work orders issued under K.C.C. Title 23 or chapter 1.08 of the code of the King County board of health;
DD. Appeals of notices and certifications of junk vehicles to be removed as a public nuisance under K.C.C. Title 21A and K.C.C. chapter 23.10;
EE. Appeals of decisions not to issue a citation or a notice and order under K.C.C. 23.36.010;
FF. Appeals of fee waiver decisions by the department of local services, permitting division under K.C.C. 27.02.040;
GG. Appeals from decisions of the department of natural resources and parks related to permits, discharge authorizations, violations, and penalties under K.C.C. 28.84.050 and 28.84.060, civil infractions and penalties under K.C.C. 7.12.650, and suspensions of park privileges under K.C.C. 7.12.700.B.;
HH. Appeals of transit rider suspensions under K.C.C. 28.96.430;
II. Appeals of department of public safety seizures and intended forfeitures, when properly designated by the chief law enforcement officer of the department of public safety under RCW 69.50.505; and
JJ. Other applications or appeals prescribed by ordinance.
NEW SECTION. SECTION 42.
A. Building on the county's Open Space Plan, which is the comprehensive planning document for the county's trails, the executive shall prepare a feasibility assessment and provide a briefing to the council on the feasibility of potential expansion of operating hours on selected regional trails. The intent of the assessment is to evaluate those regional trails or segments of regional trails that, in addition to recreation, also provide transportation and commuting uses, with the ultimate goal of operating selected regional trails or trail segments at expanded hours. Achieving this goal will contribute to reducing carbon emissions by reducing reliance on single-occupancy-vehicle trips and will provide opportunities for those who cannot drive or cannot afford to drive to access school, jobs, medical care, grocery stores, religious services, transit, and other destinations people need to go in order to fully participate in their communities.
B. The executive should be prepared to provide the briefing to the council or one of its committees no later than February 28, 2025.
C. The feasibility assessment shall include, but not be limited to:
1. Identification and description of the design standards or best practices the parks division would implement to expand the hours of operation, beyond the current dusk to dawn hours, on regional trails or trail segments that are utilized for recreation, transportation, and commuting purposes;
2. Recommendations on a process, including criteria, for prioritizing those regional trails or trail segments for piloting, permanently expanding operating hours, or both; and applying the process, identification of regional trails or trail segments to be prioritized for piloting for expanded operating hours;
3. An assessment of timeline options for expanding current operation hours for each selected regional trail or trail segment, including any incremental steps to increase hours of operation;
4. An assessment of benefits and costs of expanding hours on those selected regional trails or trail segments, including capital and operational costs, transit connections and access benefits, trail usage growth, and an equity analysis of how expanded hours could benefit different populations of commuters and others using the selected regional trails or trail segments for transportation uses in addition to recreation activities;
5. Identification of what park rules, county code, state law, or any or all of them, would need to be amended to enable expanded hours of operation and the recommended amendatory language;
6. Asset management and maintenance protocols needed for regional trails or trail segments proposed for expanded hours of operation; and
7. An update on public outreach and partner engagement related to potential expansion of regional trail hours.
D. The assessment shall be filed in the form of an electronic copy with the clerk of
the council, who shall retain the original and provide an electronic copy to all councilmembers.