Chapter 7.30 RULES GOVERNING USE OF FACILITIES

(1) Unless provided for in a facility use permit or special events permit, it is unlawful to use, place, or erect any sign board, sign, billboard, bulletin, post, pole, or device of any kind of advertising, or to attach any notice, bill, poster, sign, wire, rope or cord to any tree, shrub, railing, post, or structure, or place or erect in any park a structure of any kind.

(2) To use a metal detection device without first obtaining a permit from the parks department, on such application form as the city shall provide. Permits shall be issued on condition that the user cause no permanent damage to park property, and that any grass, other vegetation and soil that is invaded or disturbed by the user in efforts to recover detected items be promptly restored to substantially the same condition it was originally in. The permit of any person who shall fail to abide by such conditions shall be subject to immediate revocation by the parks director. Metal detection devices shall be allowed or used without a permit on unimproved park lands only. [Ord. 475 § 2, 2007]

7.30.020 Parking lots and roadways – Games prohibited.

Unless provided by facility use permit or special event permit, games of any kind are prohibited in parking lots and roadways of all parks. [Ord. 475 § 2, 2007]

7.30.030 Use of motor vehicles.

(1) Parking. No operator of any motor vehicle, trailer, camper, boat trailer, or other vehicle shall park such vehicle in any park area, except where the operator 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 the parks director or through an appropriate use permit issued by the city. No person shall park, leave standing, or abandon a vehicle in any park area after closing time except persons using park facilities as part of an event authorized by the department. Any vehicle found in violation of this section may be towed away at the owner’s expense. This section shall not apply to maintenance and emergency vehicles or vehicles authorized by the department.

(2) Roads and Trails. No person shall operate any motor vehicle on a trail in any park, unless such trail has been specifically designated and posted for such use. No person shall operate a motor vehicle within the boundaries of a park area except on roads, streets, highways, parking lots, parking areas, or where otherwise permitted by proper posting. This section shall not apply to emergency, maintenance or authorized vehicles.

(3) Speed Limits. No person shall drive a motor vehicle within any city park at a speed greater than 25 miles per hour or as otherwise posted, having due regard for traffic on, and the surface and width of the road, and in no event at a speed which endangers the safety of persons, property, or wildlife; provided, however, that in no event shall a vehicle be driven at a speed greater than 15 miles per hour in picnic, utility, or areas of general public assemblage.

(4) Trucks and Commercial Vehicles. No person shall cause a truck or other vehicle while being used for commercial purpose to enter upon, use, or traverse any portion of any park area, parking lot or any park road except with the express permission of a city employee; provided, that the provisions of this section shall not apply to city roads, county roads or state highways. [Ord. 475 § 2, 2007]

7.30.040 Littering.

No person shall leave, deposit, drop or scatter bottles, broken glass, ashes, food, waste paper, cans, green waste or other rubbish in a park area, except in a garbage can or other receptacle designed for such purpose. Park patrons shall not dispose of litter on any adjacent property without express written permission. [Ord. 475 § 2, 2007]

7.30.050 Food waste, washing of clothes or animals.

No person shall clean fish, or other food, or wash any clothing or other articles for personal or household use, or any dog or other animal except at designated areas. [Ord. 475 § 2, 2007]

7.30.060 Outside household or commercial waste.

No person shall bring in or deposit household or commercial garbage, refuse, waste, or rubbish which is brought in such form from any private property in any park area garbage can or other receptacle. [Ord. 475 § 2, 2007]

7.30.070 Washing of vehicles.

No person shall clean, wax or wash any automobile or other vehicle in any park area or parking lot. [Ord. 475 § 2, 2007]

7.30.080 Waste from vehicles.

No person shall drain or dump refuse or waste from any trailer, camper, automobile or other vehicle in any park area. [Ord. 475 § 2, 2007]

7.30.090 Paths and trails located within parks and open space areas.

(1) For the purposes of this section, “travel” shall be construed to include all forms of movement or transportation on a park path or trail, including but not limited to foot, bicycle, horse, skateboard, roller skates and in-line skates.

(2) Park paths and trails are open to all nonmotorized users unless otherwise designated and posted. Path and trail restrictions may be posted at park entrances, trailheads or, in some cases, on individual trails.

(3) Every person traveling on a park path or trail shall obey the instructions of any official traffic control device or trail sign unless otherwise directed.

(4) No motorized vehicles shall be allowed on park trails or paths.

(5) Community paths and neighborhood trails in public rights-of-way shall be governed by Chapter 12.20 BMC. [Ord. 475 § 2, 2007]

7.30.100 Interference with trails.

No person shall place, deposit, or otherwise locate any object, structure or device, whether natural or artificial, that threatens or endangers any trail, or that threatens or endangers any person traveling thereon.

This section shall not apply to city employees or agents in the performance of their duties or to persons acting pursuant to written direction of the city of Burien. [Ord. 475 § 2, 2007]

7.30.110 Camping.

No person shall camp in any park area including any park parking lot. [Ord. 475 § 2, 2007]

7.30.120 Tents and shelters in parks.

Unless authorized by the parks director, no person shall erect, maintain, use or occupy a temporary tent or shelter in any park area unless there is an unobstructed view through such tent or shelter from at least two sides. Nothing in this section shall be construed to authorize overnight camping. [Ord. 475 § 2, 2007]

7.30.130 Overnight moorage.

No person shall moor, anchor or dock a boat or other object overnight on or within 50 feet of the ordinary high water mark at any city beachfront park or other bodies of water in other city park areas without authorization from the department. [Ord. 475 § 2, 2007]

7.30.140 Ice.

No person shall go out onto ice in any park area. This includes but is not limited to lakes, ponds, streams and other bodies of water. [Ord. 475 § 2, 2007]

7.30.150 Game fish.

All laws, rules and regulations of the State Game Commission relating to season, limits, and methods of fishing are applicable to fishing for game fish in park areas. No person may fish for or possess any fish taken from any lake, pond, stream or other body of water which is posted with a sign prohibiting fishing. [Ord. 475 § 2, 2007]

7.30.160 Shellfish and food fish.

(1) All laws, rules and regulations of the State Department of Fish and Wildlife relating to season, limits, and methods of taking are applicable to the taking of shellfish or food fish in city park areas and, in addition to such laws, the city of Burien may close certain city park areas to the taking of shellfish. Such closed areas shall be posted with appropriate signs.

(2) Seahurst Park and Eagle Landing Park are designated as marine reserve areas. The taking or intentional damaging of shells, rocks, plants, driftwood, shellfish, or animals dead or alive from the beaches within marine reserve areas is prohibited. This marine reserve designation shall allow and encourage the protection of fragile marine ecosystems and the education of the public regarding proper beach uses. The intentional taking or damaging of shells, rocks, plants, driftwood, shellfish, or animals dead or alive from the beaches or associated marine areas within these areas is prohibited. [Ord. 475 § 2, 2007]

7.30.170 Pets in city park facilities.

(1) Dogs, pets, or domestic animals are not permitted on any designated beach, picnic area, tennis courts or play area in any park or in any recreation facility unless specifically permitted by posting. This section shall not apply to service animals or to specific recreation programs as may be authorized by the parks director.

(2) In posted areas, dogs or other pets or domestic animals must be kept on a leash no greater than 15 feet in length, and under control at all times.

(3) Any person whose pet animal is in any city park area shall be responsible for the conduct of the animal and for removing feces deposited by such animal from the park area. [Ord. 475 § 2, 2007]

7.30.180 Disturbances by animals prohibited.

No person shall allow his or her dog or other pet or domestic animal to bite, disturb or harass any park users, wildlife or other pets. No person shall permit his or her dog or other pet or domestic animal to bark or make noise continuously or otherwise disturb the peace and tranquility of the park. No person shall permit dogs, pets or domestic animals to damage, destroy or remove park vegetation. [Ord. 475 § 2, 2007]

7.30.190 Horseback riding.

Horses are not permitted in any park area, except over bridle trails and other designated areas. [Ord. 475 § 2, 2007]

7.30.200 Physical impacts to park facilities.

Activities which present the risk of damage to facilities including, but not limited to, golf, team football or team rugby activities, shall not be permitted in any park area unless permission is obtained in advance from the parks director. [Ord. 475 § 2, 2007]

7.30.210 Swimming.

(1) Swimming in the marine waters and nearshore areas of Burien’s parks shall be confined to:

(a) Designated swimming areas, or

(b) Swimming areas marked with buoys, log booms, or other markers, clearly designating the boundaries of such areas. Swimming shall be permitted only within these areas.

(c) The city shall not be liable for unintentional injuries to park users who swim in unsupervised areas not designated for swimming (Recreational Immunity Statute, RCW 4.24.210).

(2) Skin-diving and scuba diving in the marine waters and nearshore areas of Burien’s parks shall be prohibited:

(a) Within 100 feet of any public boat ramp, patrolled public beach designated as a swimming area, except pursuant to permit therefor issued by the department and except for commercial diving, or

(b) In any other area unless the diver shall be accompanied by a watercraft or the area in which he or she is diving shall be marked by an adequately displayed diver’s flag. [Ord. 475 § 2, 2007]

7.30.220 Skateboards and in-line skates in designated areas only.

No person shall be permitted to skateboard or in-line skate in park facilities unless otherwise designated by the parks director. No person shall be permitted to ride or drive any bicycle, tricycle, skateboard, roller skates, scooter, or any other motorized or nonmotorized vehicle on any tennis court. [Ord. 475 § 2, 2007]

7.30.230 Presence in city parks during hours when the park is closed.

No person shall enter or be present in a city park area during hours the park is closed except persons using park facilities as part of an event authorized by the parks director or city employees or authorized agents. Park areas are closed one hour after sunset and open at sunrise except for activities authorized by the parks director and unless another closing and/or opening time is established for a particular park by the parks director. [Ord. 475 § 2, 2007]

7.30.240 Trespassing.

No person except an authorized city employee, or other person duly authorized pursuant to law, shall enter or go upon any area which has been designated and posted as a “No Admittance” or “No Trespassing” area or during any time during which the park is posted as being closed to the public. [Ord. 475 § 2, 2007]

7.30.250 Fires.

No person shall ignite or maintain any fire or participate in igniting, maintaining or using any fire, including wood, gas or briquette devices, within a park except in a designated picnic area barbeque unit or fire pit unless authorized by the department. [Ord. 475 § 2, 2007]

7.30.260 Games in parks.

Activities including but not limited to sports and physical play which interfere or tend to interfere with or endanger other park users are prohibited unless permission is obtained in advance from the parks director. [Ord. 475 § 2, 2007]

7.30.270 Damage to property.

No person shall remove, damage, or destroy any park facility, or remove, destroy, mutilate, damage or deface any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, shrub, tree, fern, plant, flower, lawn, lighting system, sprinkler system or other property lawfully within any park. [Ord. 475 § 2, 2007]

7.30.280 Damage to wildlife.

Except for fishing and shell fishing in authorized areas and subject to rules established by the Washington State Fish and Wildlife Commission, it is unlawful in any park to feed, capture, attempt to capture, tease, annoy, disturb, or strike any wild bird or wild animal, or to throw or otherwise propel any object at or in the vicinity of any wild bird or wild animal. [Ord. 475 § 2, 2007]

7.30.290 Removal of property.

No person shall move any city property from its original position in any park area without the permission of the parks director. [Ord. 475 § 2, 2007]

7.30.300 Dumping in water prohibited.

(1) No person shall deposit any waste or refuse of any nature, including human or animal waste, fertilizers, pesticides, or chemicals, into any stream, lake or other body of water running in, through, or adjacent to any park area.

(2) No person shall flush any marine head or similar sanitary sewage device into an associated marine area, nor cause any human or animal waste to be deposited into an associated marine area or when entering or leaving the area. [Ord. 475 § 2, 2007]

7.30.310 Solicitation.

No person shall solicit, sell, or peddle any goods, services, food or drink, or distribute or post any handbills, circulars, or signs in any park area, except by concession contract or by facility use permit issued by the department. [Ord. 475 § 2, 2007]

7.30.320 Fireworks.

No person shall possess, discharge, or cause to be discharged, in any park area or parks department facility, any firecracker, torpedo, rocket, firework, explosive, or similar device unless so authorized by the city. [Ord. 475 § 2, 2007]

7.30.330 Firearms, weapons.

No person shall discharge across, in, or onto any 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. This section shall not apply where the parks director has authorized, in writing, a special recreational activity upon finding that it is not inconsistent with park use. [Ord. 475 § 2, 2007]

7.30.340 Alcoholic beverages and controlled substances.

No person shall possess any alcoholic beverage or liquor or illegal controlled substance in any city park area, including unopened beverage containers, except in designated areas approved by the director or his or her designee and under the following conditions:

The sale and/or consumption of alcoholic beverages is permissible indoors at the Burien Community Center and certain other indoor recreation facilities as may be designated by the parks director by facility use permit or special use permit; provided, that the activities conform to the requirements of the Washington State Liquor Control Board and state law. A state liquor permit must be displayed in the area where the activity is to be conducted, and adherence to other applicable facility use permit requirements is required. [Ord. 475 § 2, 2007]

7.30.350 Intoxication.

Being or remaining in, or loitering about in any city park, recreation area, or associated marine area while in a state of intoxication is prohibited. [Ord. 475 § 2, 2007]

7.30.360 Noise controls – Exterior noise levels at parks of local or regional significance.

(1) Except for outdoor amphitheaters and music shells, golf courses, ball fields, outdoor spectator sports areas, amusement areas, riding stables, nature trails, and wildlife refuges, park and recreation areas designated as being of local or regional significance as specified by the city shall not be subjected to adverse land uses which result in exterior noise level exposures which exceed 55 dBA Ldn.

(2) Outdoor amphitheaters and music shells designated as being of local or regional significance as specified by the city shall not be subjected to adverse land uses which result in exterior noise level exposures which exceed 50 dBA Ldn.

(3) Golf courses, ball fields, outdoor spectator sports areas, amusement areas, riding stables, nature trails, and wildlife refuges designated as being of local significance as specified by the city shall not be subjected to adverse land uses which result in exterior noise level exposures which exceed 60 dBA Ldn.

(4) Proponents of projects which will increase noise levels to which park and recreation areas are exposed above those established in this section must submit a noise mitigation plan to the city for review and approval before the required permits may be issued to allow the project to proceed. The city manager, with the assistance of the director of the department of community development, is authorized and directed to develop criteria for such review and approval. Such criteria shall be available in writing to applicants and shall, at minimum, require that the best available technology be employed to achieve no more than the maximum allowable noise standard set forth in this section. [Ord. 475 § 2, 2007]