Chapter 2.45 PARK CODE

B. “Alcoholic beverages” or “liquor” includes the four (4) 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 which contains more than one percent (1%) alcohol by weight shall be conclusively deemed to be intoxicating;

C. “Associated marine area” means any water area within one hundred (100) feet of any “SeaTac City park area” or “marine facility” such as a dock, pier, float, buoy, log boom, or other object which is part of a “SeaTac City park area”, provided that such area does not include private property;

D. “Camper” means a motorized vehicle containing sleeping and/or housekeeping accommodations, and shall include a pickup truck with camper, a van-type body, a converted bus, or any similar type vehicle;

E. “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 or remaining overnight;

F. “Campsite” means designated camping sites which are designated for the use of camping, and which have no water and/or electrical facilities available for hookup to a trailer or a camper;

G. “City” means the City of SeaTac, a municipal corporation in the State of Washington;

H. “Commission” refers to the City of SeaTac Parks and Recreation Commission;

I. “Department” means the City of SeaTac Department of Parks and Recreation;

J. “Director” means the City Manager, or designee;

K. “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 or groups of individuals, because of race, color, religion, national origin, age, sex, marital status, parental status, sexual orientation, the presence of any sensory, mental or physical handicap, or the use of a trained dog guide by a blind or deaf person;

L. “Facility” or “facilities” means any building, structure, or park area operated by the City of SeaTac Parks and Recreation Department;

M. “Facility Supervisor” refers to a duly appointed City of SeaTac Parks and Recreation Department employee;

N. “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 snowmobiles, whether or not they can legally be operated upon the public highways;

O. “Park area” refers to premises of City of SeaTac parks. “Park area” means any area under the ownership, management, or control of the City of SeaTac Parks and Recreation Department;

P. “Person” means all natural persons, groups, firms, partnerships, corporations, clubs, and all associations or combination of persons whenever acting for themselves or an agent, servant, or employee;

Q. “Rocket” means any device containing a combustible substance which when ignited propels the device forward;

R. “Trail” means any path, track, or right-of-way designed for use by pedestrians, bicycles, equestrians, or other non-motorized modes of transportation;

S. “Trailer” means a towed vehicle which contains sleeping or housekeeping accommodations;

T. “Trailer site” means a designated camping site which has water and/or electrical facilities available for hookup, and which are designed for the use of persons with trailers or campers. (Ord. 95-1012 § 1: Ord. 94-1005 § 1)

2.45.020 Program – Purpose.

The playgrounds, activity centers, pools, and other facilities of the Department are established by law for public recreation purposes. The public recreation programs consist primarily of activities planned and directed by the Department, and secondarily of recreation activities of community groups brought under control of the Department when authorized by and conducted under permit issued by the Department. (Ord. 94-1005 § 1)

II. Administration

2.45.030 Administrative rules – Hours and conditions of operation.

The City shall promulgate rules setting forth the times and conditions upon which the City parks and recreation facilities will be open, closed, or used by the public. The City parks and park facilities shall be open from dawn to dusk, except as otherwise provided by permits issued by the City, and except as otherwise provided for the North SeaTac Park Community Center, and except as otherwise posted. (Ord. 94-1005 § 1)

2.45.040 Permits for community groups.

The Department may grant permits to community groups to meet or conduct activities in the Department’s buildings or in the Department’s other facilities without charge; provided that no charges, for athletic activities involving play by those exclusively eighteen years of age or under if all of the following conditions are satisfied: (1) the buildings or facilities are not otherwise required by the Department, and (2) the activities are:

A. Conducted in accordance with the Department’s standards;

B. Held without admission charge;

C. Not conducted for financial gain;

D. Open to the general public without discrimination;

E. Scheduled during hours when the facility is regularly open.

Facilities cannot be reserved more than ninety days in advance unless otherwise authorized by the Department. All such permits must be approved by the Department. (Ord. 94-1005 § 1)

2.45.050 Special use permits.

A. Groups which do not meet all of the requirements set forth in SMC 2.45.040 and groups which desire to use any facilities may be granted special use permits by the Department, but will be charged a fee. Where appropriate, special conditions of use will be established by the Department and so noted on the special use permit. A schedule of the charges for special services in facilities will be established by the Department with the approval of the SeaTac City Council.

B. No alcoholic beverages are allowed at any park facilities other than at the SeaTac Community Center, Highline SeaTac Botanical Garden, and Grandview Park, and then only with a special use permit. Groups applying for special use permits for activities at the SeaTac Community Center at which the consumption of alcoholic beverages is intended must meet the requirements of State law with respect to liquor permits as a precondition, including obtaining appropriate permits from the State of Washington Liquor and Cannabis Board. During the course of the activity, the State liquor permit must be displayed within the area. (Ord. 17-1004 § 1: Ord. 94-1005 § 1)

2.45.060 Cancellation of permit.

The Department reserves the right to cancel a permittee’s reservation for cause or if the Department wishes to make use of the facility which in the judgement of the City Manager, or designee, supersedes the need of the permittee. Notice of the Department’s cancellation for priority use shall be given at least twenty-four hours in advance. Notice of cancellation for cause may be given at any time. (Ord. 95-1012 § 1: Ord. 94-1005 § 1)

2.45.070 Religious services or group rallies.

Religious services or group rallies may be permitted in 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. 94-1005 § 1)

2.45.080 Use of facilities – Building use hours.

Activities for groups using the facilities Sundays through Thursdays shall normally cease at 10:00 p.m. unless otherwise approved on the use permit. On Fridays and Saturdays groups must agree to be out of the facilities by 1:00 a.m. unless otherwise approved in the use permit. It is provided, however, that the actual time/use restrictions shall be as set forth in the facility use permit for such activity, as determined by the Department. (Ord. 94-1005 § 1)

2.45.090 Cleanup.

All persons must leave facilities in a condition considered satisfactory to the facility supervisor 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. 94-1005 § 1)

2.45.100 Liability.

Persons using facilities by permit will be required to protect, save and hold the City, 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. 94-1005 § 1)

2.45.110 Liability insurance.

During all periods of use, persons using facilities by permit shall obtain and maintain public liability insurance acceptable to the City and/or other insurance necessary to protect the public and the City on premises to be used, with limits of liability not less than:

$500,000 each person personal injury;

$500,000 each occurrence personal injury;

$250,000 each occurrence property damage;

or a combined single limit personal injury and/or property damage liability of $1,000,000 per occurrence.

The City shall be named as an additional insured, and the City shall be provided with a certificate of insurance, or, upon written request of the City, a duplicate of the policy, as evidence of the insurance protection provided. This insurance shall not be canceled or reduced without prior written notice to the City at least thirty days in advance of the cancellation, with this provision being included in the insurance policy. (Ord. 94-1005 § 1)

2.45.120 Adults to be present at functions of minors.

Adults must be present and responsible at all functions involving organized assemblies of minors, and shall remain throughout the entire function. (Ord. 94-1005 § 1)

2.45.130 Storage of equipment – Liability of City.

Persons using facilities should not expect storage space for equipment necessary for their programs. If temporary storage is provided, the City shall not be held responsible for loss or damage. City equipment shall not be available for use by any non-City person, group or organization, nor for any non-City purpose. (Ord. 94-1005 § 1)

2.45.140 Equipment regulations – Failure to perform.

The misuse of a park facility or the failure to conform with these regulations, the instructions of Department employees, or the conditions of a permit will be sufficient reason for denying any future permits. (Ord. 94-1005 § 1)

2.45.150 Facility use – Sale of goods or services.

The use of park facilities for financial gain shall be allowed only through concession contracts secured by the City’s competitive process, negotiated concession contracts or by special use permit issued by the Department. (Ord. 94-1005 § 1)

2.45.155 Temporary waiver of boat speeds, boat occupancy limits and noise standards – Angle Lake – Special use permits.

A. The Director may authorize a special event involving boats or other watercraft on Angle Lake, at speeds in excess of five (5) knots per hour, no more than one (1) weekend per rolling ten (10) month period; provided, that a special use permit is obtained in accordance with SMC 2.45.050. Special use permits may cover use of both Angle Lake and City facilities, and will be issued on a first come, first served basis.

B. Any special use permit issued pursuant to this section must be obtained by submitting a written application, along with a non-refundable application fee as established in the City’s fee schedule, to the Parks, Community Programs and Services Department at least ninety (90) calendar days prior to the first day of the intended use, unless a shorter time period is allowed by the Director. The application shall contain such information as the Director shall deem necessary.

C. Any special use permit issued pursuant to this section may provide for a temporary waiver of City Codes related to noise (SMC 8.05.360), boat speed limits (SMC 2.45.220), and boat occupancy limits (SMC 2.45.260).

D. In order to prevent interference with summer activities on Angle Lake, no special use permit shall be issued pursuant to this section for activities conducted between the Monday preceding Memorial Day and the Friday after Labor Day.

E. Any applicant for a special use permit issued pursuant to this section must furnish liability insurance as follows:

1. The minimum limits for such insurance policies shall be:

Five million dollars ($5,000,000) general liability;

Five million dollars ($5,000,000) automobile liability;

Five million dollars ($5,000,000) watercraft liability.

2. General liability and watercraft insurance must not have any watercraft racing exclusions.

3. An approved certificate of insurance must be filed with the City prior to the issuance of any special use permit. The certificate of insurance must name the City and its employees, directors, officers, officials, and volunteers as primary, non-contributory additional insureds.

4. All insurance policies must be underwritten by insurance companies which have an A.M. Best’s rating of A VII or better, and be licensed to do business in the State of Washington. The insurance must be non-cancelable unless ten (10) calendar days’ written notice has been provided to the City.

5. The minimum coverage and minimum limits required do not limit or cap the applicant’s liability.

6. Notice of cancellation of insurance required under this subsection is grounds for immediate revocation of any issued special use permit.

F. A special use permit may not be issued pursuant to this section without a signed waiver and hold harmless agreement, as approved by the City’s Risk Manager and Legal Department.

G. The Director shall have authority to approve a permit subject to the applicant meeting reasonable conditions as deemed appropriate, in the Director’s sole discretion. Such conditions may include payment of any additional costs incurred for holding a permitted event. At a minimum, the permit shall provide that excess boat speeds, boat occupancy limits or noise standards may not occur for more than a thirty-six (36) consecutive hour period.

H. No less than thirty (30) days after receipt of an application, the Director shall either deny or issue preliminary approval of an application. A preliminary decision of approval, with proposed conditions, shall be mailed to all property owners within three hundred (300) feet of the ordinary high water mark of Angle Lake and shall provide a fifteen (15) day public comment period. Based upon public comment, the Director may modify proposed conditions of approval or deny the application.

I. Applications will be denied, approved or approved with conditions no less than thirty (30) calendar days prior to the date scheduled for the event. Denial of applications may be based on one (1) or more of the following:

1. Non-compliance with any of the provisions of this section.

2. The event for which the permit is sought would, because of its time, place or nature, obstruct or substantially interfere with the enjoyment and use of Angle Lake and/or City facilities by the general public.

3. The event or assembly for which a permit is sought is in violation of any applicable ordinances, laws or regulations in which the Director determines, in his/her sole discretion, that a waiver is not appropriate.

4. The event conflicts with other events being held on or near Angle Lake, or at City facilities.

J. The Director’s decision to approve, approve with conditions, or deny a special use permit under this section is final. (Ord. 18-1018 § 1: Ord. 17-1003 § 1: Ord. 16-1011 § 1)

III. Rules Governing Use of Facilities – Infractions

2.45.160 Picnicking.

Picnicking is permitted only in designated and marked picnicking areas, or in such other places within a park area as may from time to time be designated by a facility supervisor. (Ord. 94-1005 § 1)

2.45.170 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 in any park area. (Ord. 94-1005 § 1)

2.45.180 Parking lots and roadways – Games prohibited.

Games of any kind are prohibited in parking lots and roadways of all Department facilities. (Ord. 94-1005 § 1)

2.45.190 Motor vehicles – Parking.

No operator of any automobile, 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 a facility supervisor. 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. In addition to the penalties found in Part V of this chapter, any vehicle found parked in violation of this section may be towed away at the owner’s expense, consistent with signs posted in conformity with State law. (Ord. 94-1005 § 1)

2.45.200 Motor vehicles on roads and trails.

No person shall operate any motor vehicle on a trail in any park area 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. It is provided, however, that this section shall not apply to emergency vehicles, nor to any maintenance vehicles, construction vehicles or other vehicles authorized by the Department. (Ord. 94-1005 § 1)

2.45.210 Motor vehicles – Speed limits.

No person shall drive a motor vehicle within any park area at a speed greater than fifteen 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 fifteen miles per hour in picnic, utility, or headquarters areas, or in areas of general public assemblage. Speed limit signs shall be posted, advising of the speed limits and that the speed limits will be enforced. (Ord. 94-1005 § 1)

2.45.220 Boat speeds in lakes and waterways.

No person shall operate a boat at a speed greater than five (5) knots per hour in any associated marine area. (Ord. 94-1005 § 1)

2.45.230 Washing of vehicles.

No person shall clean or wash any automobile or other vehicle in any park area except in areas specifically designated for that use. (Ord. 94-1005 § 1)

2.45.240 Motor vehicles – Trucks and commercial vehicles.

No person shall cause a truck or other vehicle while being used for commercial purposes to enter upon, use, or traverse any portion of any park area or any park road except in the service of the Department at the request of the employees of the Department, or by express permission of the manager for a special activity not inconsistent with park use; provided that, the provisions of this section shall not apply to City roads or State highways. (Ord. 94-1005 § 1)

2.45.250 Trail use.

A. No person shall travel on a trail at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with others who are complying with the law and using reasonable care. Travel at speeds in excess of fifteen (15) miles per hour shall constitute in evidence a prima facie presumption that the person violated this section.

B. No person shall travel on a trail in a negligent manner. For the purposes of this section “travel on a trail in a negligent manner” shall be construed to mean any form of travel on a trail in such a manner as to endanger or be likely to endanger any persons or property.

C. For the purposes of this section “travel” shall be construed to include all forms of movement or transportation on a trail, including but not limited to foot, bicycle, horse, skateboard, and rollerskates.

D. Every person traveling on a trail shall obey the instructions of any official traffic control device applicable thereto placed in accordance with applicable laws unless otherwise directed by a police officer.

E. Every person who shall use or travel on a trail shall obey the Model Trail User Code of Conduct.

F. Model Trail User Code of Conduct:

1. Using a Trail. Every person using a trail shall stay as near to the right side of the trail as is safe, excepting those movements necessary to prepare to make or make turning movements, or while overtaking and passing another user moving in the same direction.

2. Regard for Other Trail Users. Every user shall exercise due care and caution to avoid colliding with any other trail user. All users shall travel in a consistent and predictable manner.

3. Groups on Trail. No group of trail users, including their animal(s), shall occupy more than one half of the trail as measured from the right side, so as to impede the normal and reasonable movement of trail users.

4. Audible Signal When Passing. Every user shall give an audible warning signal before passing another trail user. The signal must be produced in such a manner as to allow adequate time for response. The signal may be given by voice, bell or horn.

5. Overtaking Trail Users on the Left. Any trail user overtaking another trail user proceeding in the same direction shall pass to the left of such overtaken user at a safe distance, and shall stay to the left until safely clear of the overtaken user.

6. Entering and Crossing Trail. Trail users entering or crossing the trail at uncontrolled points shall yield to traffic on the trail.

7. Lights on Trail Users. All bicyclists using the trail from one-half hour before sunset to one-half hour before sunrise shall equip their bicycles with a headlight visible five hundred (500) feet to the front, and a red or amber light visible five hundred (500) feet to the rear. (Ord. 94-1005 § 1)

2.45.260 Boating – Occupancy policy.

In order to afford the general public the greatest possible use of marine facilities, continuous occupancy of marine facilities by the same person or group in any area is limited to one day in any seven-day period, provided that this day shall not include overnight, unless otherwise posted. Shorter or longer limitation of occupancy may be established and posted by the Department for any individual facility or area. In addition to the penalties in Part V of this chapter, any boat found to be in violation of this chapter may be towed away at the owner’s expense. No person shall launch a boat in any park except in areas specifically designated and/or marked for that purpose. (Ord. 94-1005 § 1)

2.45.270 Use of marine heads.

No person shall use or flush any marine head which when flushed emits its contents directly into the waters of a lake, river, or any other water area, nor cause any human or animal waste to be dumped into the waters while moored, anchored, docked or berthed in a park area or associated marine area or when entering or leaving the area. (Ord. 94-1005 § 1)

2.45.280 Camping prohibited.

No person shall camp in any park, and any penalties and enforcement of this provision shall be in accordance with Chapter 8.25 SMC. (Ord. 20-1018 § 2; Ord. 94-1005 § 1)

2.45.290 Tents and shelters on beaches.

No person shall erect, maintain, use or occupy a temporary tent or shelter on any swimming beach in any park area unless there is an unobstructed view through such tent or shelter from at least two sides; provided, however, that nothing in this section shall be construed to authorize overnight camping except in designated areas. (Ord. 94-1005 § 1)

2.45.300 Clothing.

Clothing sufficient to conform to community standards shall be worn at all times. (Ord. 94-1005 § 1)

2.45.310 Ice.

No person shall go out onto ice in any City park or park area, except in areas specifically designated for that purpose. This includes but is not limited to: lakes, ponds, streams, rivers, and other bodies of water. (Ord. 94-1005 § 1)

2.45.320 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 dam, dike, bridge, dock, boatland, or beach, which is posted with a sign prohibiting fishing. (Ord. 94-1005 § 1)

2.45.330 Pets in City park facilities.

A. Dogs, pets, or domestic animals are not permitted on any designated swimming beach, picnic area, play areas or any other park area in any City park or in any building unless specifically permitted by posting provided that this section shall not apply to guide dogs to assist persons with visual or hearing impairment.

B. In permissible areas, dogs or other pets or domestic animals must be kept on a leash no greater than eight feet in length, and shall be kept under control at all times.

C. Any person whose dog or other pet is in any park area shall be responsible for the conduct of the animal and for removing feces deposited by such animal from the park area. (Ord. 94-1005 § 1)

2.45.340 Disturbances by animals prohibited.

No person shall allow his or her dog or other pet or domestic animal to bite or in any way molest or annoy park visitors. No person shall permit his or her dog or other pet or domestic animal to bark continuously or otherwise disturb the peace and tranquility of the park. (Ord. 94-1005 § 1)

2.45.350 Horseback riding – In designated areas only.

Horses shall be permitted only in park areas that are specifically designated and posted to permit such activity. Horses shall not be permitted in any designated swimming area, playground, or picnic area. No person shall allow a horse or other animal to stand unattended or insecurely tied. (Ord. 94-1005 § 1)

2.45.360 Littering.

No person shall leave, deposit, drop or scatter bottles, broken glass, ashes, food, waste paper, cans, or other rubbish in a park area, except in a garbage can or other receptacle designated for such purposes. (Ord. 94-1005 § 1)

2.45.365 Tobacco products in City parks prohibited.

A. It is a civil infraction, with a monetary penalty of twenty-five dollars ($25.00), including statutory assessments, for any person to smoke, light, or use cigars, cigarettes, tobacco products, or other smoking material in a park area.

B. The City Manager is authorized to post signs in park areas that advise members of the public that smoking in park areas is prohibited. (Ord. 15-1011 § 1: Ord. 12-1007 § 1)

2.45.370 Swimming – In designated areas only.

Swimming areas shall be marked with buoys, log booms, or other markers, clearly designating the boundaries of such areas. Swimming shall be permitted only within these areas. (Ord. 94-1005 § 1)

2.45.380 Swimmers must obey rules.

All persons using designated swimming areas shall obey all posted beach rules and/or the instructions of lifeguards, facility managers, or other Park Department employees. (Ord. 94-1005 § 1)

2.45.390 Swimming/scuba diving in boat launch areas prohibited.

No person shall swim, sunbathe, or scuba dive in any designated boat launching area. (Ord. 94-1005 § 1)

2.45.400 Presence in parks during hours 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 Department. (Ord. 94-1005 § 1)

IV. Rules Governing Use of Facilities – Misdemeanors

2.45.410 Horseback riding – May not endanger others.

No person shall ride any horse or other animal in such a manner that could cause physical harm to any person. (Ord. 94-1005 § 1)

2.45.420 Mechanical trapping devices – Capturing or injuring animals.

The use of a mechanical trapping device within any City park is prohibited. A “mechanical trapping device” shall be defined as any device, including but not limited to snares or machines, that shut suddenly upon contact by an animal, or a device which kills or inflicts physical pain and injury upon a captured animal. The act of capturing an animal, by other than lawful means is prohibited. It is provided, however, that this section shall not apply to authorized pest abatement actions of City personnel. (Ord. 94-1005 § 1)

2.45.430 False alarm of drowning prohibited.

No person shall give or transmit a false signal or false alarm of drowning. (Ord. 94-1005 § 1)

2.45.440 Games on beaches.

Activities including but not limited to sports and physical play which interfere or tend to interfere with and endanger other beach users and distract from or obstruct the performance of life safety responsibilities of parks personnel are prohibited. When circumstances can safely permit games, such games will be conducted only with the consent of a facility supervisor, lifeguard, or other Department employee. (Ord. 94-1005 § 1)

2.45.450 Moorage in swimming area prohibited.

No person or persons shall moor, dock, or berth a boat or other object to a log boom or float line which delineates a swimming area in a park area or associated marine area. (Ord. 94-1005 § 1)

2.45.460 Damage to property.

No person shall cut down, destroy, or in any way injure any shrub, tree, vine, grain, grass or crop, standing or growing or which has been cut down, in any park area unless authorized to do so by the Department. No person shall deface, damage or destroy any property, material or equipment which is under the jurisdiction of the Department. (Ord. 94-1005 § 1)

2.45.470 Removal of property.

No person shall change the position of or remove any City property, material, or equipment from its original position in any area under the jurisdiction of the Department. (Ord. 94-1005 § 1)

2.45.480 Outside household or commercial waste.

No person shall deposit any 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 designated for such purpose. (Ord. 94-1005 § 1)

2.45.490 Waste from vehicles.

No person shall drain or dump refuse or waste from any trailer, camper, automobile, or other vehicle, except in designated disposal areas or receptacles in any park area. (Ord. 94-1005 § 1)

2.45.500 Dumping in water prohibited.

No person shall pollute, or in any way contaminate by dumping or otherwise depositing any waste or refuse of any nature, kind or description, including human and bodily waste, into any stream, river, lake or other body of water running in, through, or adjacent to any park area. (Ord. 94-1005 § 1)

2.45.510 Aircraft.

A. Aircraft Landing/Take Off. No aircraft shall land or take off from any body of water or land area in a park area except:

1. Aircraft used to transport injured persons, evacuees, medical personnel, or public officials in the event of an accident, disaster, or emergency;

2. Model aircraft as provided in paragraph B of this section;

3. No person shall be deemed to have violated the provisions of this section in the event of a bona fide emergency, provided the owner of the aircraft submits a written statement explaining the circumstances of the emergency to the manager within seventy-two hours of an emergency landing.

B. Model Aircraft and Rockets.

1. No person shall fly rockets or model aircraft in any park area except in areas specifically designated and/or posted for that purpose;

2. All engines over .25 cubic inches used in model aircraft being flown in designated park areas shall be muffled;

3. All persons flying model aircraft in designated park areas shall abide by the Official Academy of Model Aeronautics Safety Code;

4. All persons desiring to shoot model rockets in a park area shall obtain a permit to do so from the parks and recreation services office. (Ord. 94-1005 § 1)

2.45.520 Solicitation.

No person shall solicit, sell, or peddle any goods, services, wares, merchandise, liquids, or edibles for human consumption, or distribute or post any handbills, circulars, or signs, or use any loud-speakers or other amplifying devices, in any park area, except by concession contract or by special use permit issued by the Department. It shall be the responsibility of any person holding a concession contract or special use permit issued by the Department to display such permit or evidence of contract conspicuously so as to be visible to persons in the vicinity of the operations of such person. (Ord. 94-1005 § 1)

2.45.530 Fireworks.

No person shall 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 so authorized by the Department. (Ord. 94-1005 § 1)

2.45.540 Firearms, weapons.

No person except duly authorized law enforcement personnel shall possess a bow and arrow, crossbow, or air or gas weapon in a City park. No person shall discharge across, in, or into 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, provided that where the Department for good cause has authorized and approved a special recreational activity or a recreational program, upon finding that it is not inconsistent with City park use, this section shall not apply. (Ord. 94-1005 § 1)

2.45.550 Alcoholic beverages.

A. Except as otherwise provided by this section, selling, possessing or consuming alcoholic beverages in a City park, recreation area, or associated marine area is prohibited, other than in connection with an event or activity in a community center for which a permit has been issued by the Department, and for which a banquet permit has been issued; provided, that the activities and the use of alcoholic beverages shall conform to the permits therefor, and shall conform to Federal, State and local laws, rules and regulations with respect thereto.

B. Subject to the provisions of this section, a special use permit may be issued by the Department to allow for the sale, possession, and consumption of alcoholic beverages at an event held at the Highline SeaTac Botanical Garden or Grandview Park when:

1. The event is for non-profit fundraising purposes only; and

2. A completed permit application completed by a non-profit agency has been filed with the Department at least sixty (60) calendar days prior to the proposed event. Such application shall be made on forms provided by the Department, and shall include:

a. A security plan to ensure controlled event access that is sufficient to prevent the sale, possession, or consumption of alcoholic beverages to persons under twenty-one (21) years of age; and

b. A banquet permit for the event that has been issued by the Washington State Liquor and Cannabis Board; and

c. Proof of liability insurance, including liquor liability, with minimum limits of two million dollars ($2,000,000). Such insurance shall explicitly provide that the City of SeaTac, and its employees and elected officials, are named as primary, non-contributory additional insureds. Any insurance certificates shall be reviewed and approved by the City Attorney’s Office and Risk Management; and

d. For proposed events to be held at the Highline SeaTac Botanical Garden, written consent of the proposed event from the Highline Botanical Garden Foundation; and

e. Information related to the non-profit status and registration with the Washington State Secretary of State for the non-profit entity(ies) sponsoring the event; and

f. Any other information deemed necessary by the Department to ensure compliance with State and local law.

C. The Department may impose any reasonable conditions that are intended to prevent access to alcoholic beverages to persons under twenty-one (21) years of age, and to ensure the safety of the community, and reduce liability, which may include requiring the applicant to hire off-duty police personnel to provide security. (Ord. 17-1004 § 2: Ord. 94-1005 § 1)

2.45.560 Intoxication.

Being or remaining in, or loitering about in any City park, recreation area, or other park area while in a state of intoxication, and in a manner that restricts, or interferes with, or that is likely to restrict or interfere with the use or enjoyment of the park by others is prohibited. (Ord. 94-1005 § 1)

2.45.570 Interference with trails.

It shall be unlawful for any person to place, deposit, or otherwise cause or suffer to be located any structure, device, or natural or artificial thing that threatens or endangers any portion of a trail owned or maintained by the City, or that tends to endanger persons traveling thereon, obstructs or tends to obstruct or constitutes a hazard to persons traveling thereon.

This section shall not apply to employees of the City in the performance of their duties or to persons acting pursuant to written direction of the City. (Ord. 94-1005 § 1)

2.45.575 Crimes related to sexual activity and park loitering.

A. Unlawful Sexual Activity. It is unlawful for any person to engage in any sexual activity prohibited by SMC 8.05.305, or to engage in malicious mischief or any other activity prohibited by this chapter in or about a public restroom or bathhouse in any City park or recreational facility.

B. Unlawful Park Loitering. It is unlawful for any person to loiter in or about a public restroom or bathhouse in any City park or recreational facility in a manner and under circumstances manifesting the purpose to engage in acts of misconduct including, but not limited to, activity prohibited by SMC 8.05.305 or malicious mischief.

C. Violation of Court Order. The presence of any person within a City park or recreation facility in violation of conditions of release or conditions of suspension or deferral of any sentence imposed by a court pursuant to SMC 2.45.590 shall constitute a separate crime hereby designated a gross misdemeanor, and any such person may be apprehended and arrested without the necessity for any warrant or additional court order. Upon conviction, any person so violating the conditions of release or conditions of suspension or deferral shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than one (1) year, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000), or by both such imprisonment and fine.

D. Designation of City Park and Recreational Facilities. The following areas within the City are designated to be City parks or recreational facilities: Angle Lake Park, 19408 International Boulevard; Bow Lake Park, South 178th Street at 51st Avenue South; Des Moines Creek Park, South 200th Street in the vicinity of 22nd Avenue South; Grandview Park, South 228th Street and Military Road South; McMicken Heights Park, South 166th Street and 40th Avenue South; North SeaTac Park, South 128th Street and 20th Avenue South; Sunset Playfields, 13659 18th Avenue South; Valley Ridge Park, 4644 South 188th Street; and Earthworks Park, South 216th Street at 40th Place. (Ord. 00-1044 § 1: Ord. 97-1001 § 1)

V. Penalties

2.45.580 Infractions.

A. Failure to perform any act required or the performance of any act prohibited by Part III of this chapter shall be designated as an infraction.

B. Any person cited for violation of Part III of this chapter shall be subject to the applicable Court Rules and bail schedules.

C. Any person found guilty of committing an infraction shall be assessed a monetary penalty not to exceed five hundred dollars ($500.00).

D. A finding that an infraction has been committed shall not give rise to any other legal disability which is based upon conviction of a crime. (Ord. 94-1005 § 1)

2.45.590 Misdemeanors.

A. Any person found guilty of violating any provision of Part IV of this chapter, except SMC 2.45.575(C), is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment in jail for not more than ninety (90) days, or both.

B. The court may, as a condition of release, or as a condition of suspension or deferral of any of the aforesaid penalties of this section, issue an order prohibiting the defendant from entering into, or being present in, any City park or recreation facility, during the term of any such condition, suspension, or deferral. (Ord. 00-1044 § 2: Ord. 94-1005 § 1)

2.45.600 Administrative sanctions.

In addition to any prescribed penalty, any person failing to comply with any provision of this chapter shall be subject to the loss of park or recreation facility use privileges and ejection from the City park area or associated marine park area. (Ord. 94-1005 § 1)

Prior legislation: Ord. 90-1079.