Chapter 11
PARKS AND RECREATION

Articles:

I. In General

II. Parks and Recreation Commission

III. Park Regulations

Article I.
IN GENERAL

Sections:

11-1 – 11-25 Reserved.

11-1 – 11-25 Reserved.

Article II.
PARKS AND RECREATION COMMISSION

Sections:

11-26 Created.

11-27 Membership.

11-28 Officers.

11-29 Purpose.

11-30 Responsibilities.

11-31 – 11-50 Reserved.

11-26 Created.

There is hereby established a parks and recreation commission. (Ord. No. 91-93, § 1(A), 4-16-91)

11-27 Membership.

(a) The parks and recreation commission shall consist of at least nine members and may consist of up to 11 members by appointing the alternate(s) as a member or members. The city council shall determine upon the expiration of any member’s term if a need exists to appoint more than nine members to the commission.

(b) The parks and recreation commission shall serve without compensation.

(c) Each member shall serve a term of three years. The city council shall annually appoint new members to fill the expiring terms on the parks and recreation commission. If, for any reason, a vacancy occurs during the term of a parks and recreation commission member, the city council shall appoint a new member to fill the unexpired term of that member. The city council may remove a parks and recreation commission member at any time if the city council determines that member is not fulfilling his or her responsibilities to the satisfaction of city council. All members of the parks and recreation commission shall serve until their successors are duly appointed by city council.

(d) Persons appointed to serve on the commission shall reside within the corporate limits of the city during the members’ terms.

(e) To the extent practicable, appointments shall reflect the diversity of all recreational needs of the city. (Ord. No. 91-93, § 1(D), 4-16-91; Ord. No. 96-280, § 1, 12-3-96; Ord. No. 98-312, § 1, 4-21-98; Ord. No. 00-366, § 1, 3-21-00)

11-28 Officers.

The city parks and recreation commission shall elect its officers, including a chair and vice chair and such other officers as it may deem necessary. Such officers shall occupy their respective offices for a period of one year. The city manager shall appoint appropriate staff as he or she deems appropriate to assist the commission in the preparation of its reports and records as are necessary for the operation of the commission. The commission shall operate in accordance with its duly adopted bylaws. (Ord. No. 91-93, § 1(E), 4-16-91)

11-29 Purpose.

The purpose of the parks and recreation commission shall consist primarily of advising the city council and city staff on policy matters involving acquisition, development and significant operational impacts of parks and recreation department facilities and programs. (Ord. No. 91-93, § 1(B), 4-16-91)

11-30 Responsibilities.

The parks and recreation commission shall have the following responsibilities:

(1) To hold regular public meetings at least once a month and to keep a written record of its proceedings which shall be a public record all in accordance with state law;

(2) To review and recommend on matters regarding policies and goals of the adopted park and recreation and open space comprehensive plan;

(3) Review and make recommendations on capital improvement program planning and related contracts, interlocal and lease agreements;

(4) Review and make recommendations on recreation programs, facility use policies and other matters;

(5) The parks commission shall comply with the Open Public Meetings Act, Chapter 42.30 RCW; provided, however, that the commission may meet in executive session when and only to the extent that the topic to be considered is both:

a. Within the scope of the parks commission’s authority as described herein; and

b. Is authorized by RCW 42.30.110, as it now exists or may be hereafter added to, deleted from and amended. (Ord. No. 91-93, § 1(C), 4-16-91; Ord. No. 93-186, § 1, 9-7-93)

11-31 – 11-50 Reserved.

Article III.
PARK REGULATIONS

Sections:

11-51 Definitions.

11-52 Scope of article.

11-53 Responsibility for violation.

11-54 Enforcement.

11-55 Expulsion from parks.

11-56 Closing hours – Unlawful entry.

11-57 Agreements for use of park.

11-58 Agreements for athletic, recreational facilities and activities.

11-59 Dogs at large.

11-60 Pets on city park facilities.

11-61 Capturing, molesting or feeding animals.

11-62 Feeding of wildlife.

11-63 Aircraft.

11-64 Alcoholic beverages prohibited.

11-65 Boats and other watercraft.

11-66 Camping.

11-67 Circus, carnival or exhibitions.

11-68 Concessions.

11-69 Disorderly conduct.

11-70 Unlawful public exposure.

11-71 Fires.

11-72 Firearms and fireworks.

11-73 Game fish.

11-74 Shellfish and food fish.

11-75 Games and sports.

11-76 Loitering.

11-77 Meetings – Religious and political.

11-78 Model aircraft, boats, hydroplanes and other motorized models.

11-79 Removal or destruction of park property.

11-80 Peddlers – Use of loudspeakers.

11-81 Park scheduling, permits and fees.

11-82 Pedestrian right-of-way.

11-83 Refuse and/or storage of personal property.

11-84 Riding vehicles or animals, and illegal parking.

11-85 Signposting.

11-86 Skateboards; bicycles; coasters; in-line skates; roller skates; and motorized foot scooters and similar devices.

11-87 Smoking.

11-88 Swimming.

11-89 Sound amplification equipment prohibited.

11-90 Trail use.

11-91 Trials and competitions.

11-51 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Director shall mean the city director of parks and recreation or a designated employee of the parks department.

Park shall mean and include all public parks, public squares, golf courses, bathing beaches and play and recreation grounds within the city limits, regardless of ownership, and includes all city sports fields and city leased or rented school or private property when the same are being used for recreation. (Ord. No. 91-82, § 1(1)(B), 1-8-91; Ord. No. 01-396, § 1, 7-3-01)

11-52 Scope of article.

This article constitutes the park code of the city and is an exercise of the police power of the city and is necessary for the public peace, health, safety and welfare. (Ord. No. 91-82, § 1(1)(A), 1-8-91)

11-53 Responsibility for violation.

Anyone concerned in the violation of this article, whether directly committing the act or omitting to do the thing constituting the offense, or who aids or abets the same, shall be a principal under the terms of this article, and may be prosecuted and have the Code enforced against him or her as such. (Ord. No. 91-82, § 1(1)(C), 1-8-91; Ord. No. 99-342, § 8, 5-4-99)

11-54 Enforcement.

(a) All traffic violations committed within any park, including those involving motorized foot scooters and similar devices, shall be subject to the penalties and provisions prescribed in Chapter 15 FWCC, Traffic and Vehicles.

(b) Civil enforcement of the provisions of this article shall be governed by Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit, any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specified herein or in Chapter 1 FWCC, Articles II, III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article.

(c) Conviction of a violation of or failure to comply with the provisions of this article shall also constitute a misdemeanor and shall be punished as provided in FWCC 1-13, except for violations of provisions that constitute gross misdemeanors, conviction of which shall be punished by a fine not to exceed $5,000 or imprisonment in jail not exceeding one year, or by both such fine and imprisonment. (Ord. No. 91-82, § 1(1)(D), 1-8-91; Ord. No. 99-342, § 8, 5-4-99; Ord. No. 04-464, § 4, 9-21-04)

11-55 Expulsion from parks.

(a) In addition to another penalty imposed pursuant to this article, the director or designee may order the expulsion of any person from any park for a period of one to seven days if he or she observes such person:

(1) Using abusive or disruptive language or engaging in conduct that disrupts a park facility or program.

(2) Directing ethnic or offensive remarks at another person based on such person’s actual or perceived race or ethnic group, nationality, religion, disability, sex or sexual orientation.

(3) Using tobacco products in an unauthorized area or facility.

(4) Causing injury or risk of injury to another person or persons.

(5) Causing damage or risk of damage to city property.

(6) Violating any provision of this article.

(b) The director or designee may order the expulsion of any person from any park for a period of seven days to one year if such person:

(1) Has been expelled from the park two or more times in any 30-day period.

(2) Causes injury to another person.

(3) Sells, possesses or uses alcohol or illegal drugs.

(4) Possesses or uses any weapon.

(5) Commits more than one violation of this article in any 12-consecutive-month period.

(c) Any order of expulsion under this section shall be in writing and shall be sent by certified mail to the person expelled at his or her last known address or delivered in person.

(d) The director or designee may forward the written notice of expulsion along with the certified mail receipt to the department of public safety.

(1) The written notice of expulsion shall be a notice of trespass.

(2) Any person on city park property, in violation of the written notice of expulsion, will be guilty of trespass.

(3) The notice of trespass and expulsion will expire on the date indicated in the written notice of expulsion.

(e) Any person who enters a park during a period during which he or she has been expelled under subsection (a) or (b) of this section is guilty of violating this article and will be subject to the enforcement in FWCC 11-54. (Ord. No. 91-82, § 1(1)(E), 1-8-91; Ord. No. 01-396, § 2, 7-3-01; Ord. No. 01-404, § 1, 10-2-01)

11-56 Closing hours – Unlawful entry.

It is unlawful to enter or be in any park during posted hours and in no case between the hours of 12:00 midnight and 5:00 a.m. of any day, unless otherwise permitted by the director for a special occasion; provided, the director may establish special park closure hours, for specific parks or areas within parks, if the director determines that such special park closure hours are necessary or appropriate to protect public property, protect public safety, prevent public nuisances, prevent breaches of the peace or for special events. Special park closure hours shall be indicated by appropriate signs. (Ord. No. 91-82, § 1(1)(F), 1-8-91)

11-57 Agreements for use of park.

The city council may from time to time authorize the director of parks and recreation to enter into an agreement or agreements on behalf of the city, the agreements not to exceed one year in duration, with any nonprofit group, organization or association to provide for the use of park ballfields or other similar facilities for organized or league sports, by such nonprofit group, organization or association. Such agreements shall specify the conditions under which such group, organization or association may use ballfields or facilities in organized or league activities and in connection therewith may include special provisions and regulations by which such nonprofit group, organization or association may post signs advertising league sponsors or supporters, may use loudspeakers in connection with and during league activities, may sell refreshments or operate concession stands in connection with and during league activities, and perform field maintenance activities. Such agreements may authorize such nonprofit group, organization or association to charge reasonable admission fees to league games or activities. Nothing in this article shall be construed to prevent any such agreement or agreements. (Ord. No. 91-82, § 1(1)(G), 1-8-91; Ord. No. 01-396, § 3, 7-3-01)

11-58 Agreements for athletic, recreational facilities and activities.

(a) The director shall have authority to establish fees for the use of city athletic and recreational facilities and for participation in city parks and recreational activities; provided, that such fees shall be based on the policies set forth below.

(b) The policies for setting fees authorized by this article are as follows:

(1) It is the policy of the city to finance through its tax base a reasonable balance of parks and recreation services that meet the needs of the general citizenry. This financing should be directed

to assure the overall administration and coordination of leisure services and for the provision of parks, open space, landscapes, parks improvements, recreation facilities and their adequate maintenance.

(2) As it relates to recreation activities, the city, through user fees and charges, may charge an amount to cover direct program costs for labor, leadership, supplies, materials and service charges that benefit identifiable and specific groups, i.e., enrichment classes, sports leagues.

(3) When unusual or hardship circumstances apply, the city may make some compensatory efforts to support special service needs, i.e., handicapped.

(4) When the operation of facilities require special operational costs involving materials, supplies, leadership attendance and services (i.e., swimming pool, boat launch, community center) user fees will be appropriate. The fee amount will take into consideration the goal of making the facility self-supporting. (Ord. No. 91-82, § 1(1)(H), 1-8-91)

11-59 Dogs at large.

It is unlawful to allow or permit any dog to run at large in any park or to enter any lake, pond, fountain or stream therein. (Ord. No. 91-82, § 1(2)(A), 1-8-91)

11-60 Pets on city park facilities.

(a) Dogs, pets or domestic animals are not permitted on any designated swimming beach, picnic area or play areas in any park or in any park building unless specifically permitted by posting, provided this section shall not apply to seeing-eye dogs.

(b) In permissible areas, dogs or other pets or domestic animals must be kept on a leash no greater than 20 feet in length, and 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.

(d) The director is authorized to approve dogs off-leash for dog training programs or special events. (Ord. No. 91-82, § 1(2)(B), 1-8-91; Ord. No. 01-396, § 4, 7-3-01; Ord. No. 06-530, § 3, 8-1-06)

11-61 Capturing, molesting or feeding animals.

It is unlawful in any manner to capture, purposely tease, annoy, disturb, molest, catch, injure or kill or to throw any stone or article of any kind at or strike with any stick or weapon any animal, bird, fowl or fish within a park, or to feed any fowl, fish or animal within any park.

(1) The use of any trapping device as defined in RCW 77.15.190 or 77.15.194, or hereafter amended, within any city park is prohibited. The act of capturing an animal by other lawful means is prohibited. It is provided, however, this section shall not apply to authorized pest abatement actions of city personnel or its contractors for the purpose of public health and safety. (Ord. No. 91-82, § 1(2)(C), 1-8-91; Ord. No. 01-396, § 5, 7-3-01)

11-62 Feeding of wildlife.

It is unlawful for any person to leave, place or distribute foodstuffs of any kind or nature in any park, with an intent to feed wildlife. (Ord. No. 91-82, § 1(2)(D), 1-8-91)

11-63 Aircraft.

No aircraft shall land or take off from any body of water or any area in a park area, except aircraft used to transport injured persons, evacuees, medical personnel or public officials in the event of an accident, disaster or emergency. (Ord. No. 91-82, § 1(3), 1-8-91)

11-64 Alcoholic beverages prohibited.

It is unlawful for any person to use or possess any alcoholic beverage in a park, including unopened beverage containers, provided this prohibition shall not apply to organized groups which have secured a permit from the director and, if required, from the State Liquor Control Board. A violation of this section shall be subject to the penalties as set forth in RCW 66.44.100, or hereafter amended, as adopted by reference in FWCC 6-36. (Ord. No. 91-82, § 1(4), 1-8-91; Ord. No. 01-388, § 1, 5-15-01)

11-65 Boats and other watercraft.

It is unlawful to have, keep or operate any boat, float, raft or other watercraft in or upon any slough, river or creek within the limits of any park, or to land the same at any point upon the shores thereof bordering upon any park, except at places set apart for such purposes by the director and so designated by signs and except in a case of an emergency. (Ord. No. 91-82, § 1(5), 1-8-91)

11-66 Camping.

It is unlawful to camp in any park except at places which may be set aside for such purposes by the director and so designated by signs. (Ord. No. 91-82, § 1(6), 1-8-91)

11-67 Circus, carnival or exhibitions.

It is unlawful to hold, operate or conduct a circus, carnival or traveling exhibition in any park without a written permit from the director. (Ord. No. 91-82, § 1(7), 1-8-91)

11-68 Concessions.

It is unlawful to sell refreshments or merchandise in any park without the written permission of the director or a concession contract with the city. (Ord. No. 91-82, § 1(8), 1-8-91)

11-69 Disorderly conduct.

A person is guilty of disorderly conduct in a park if he or she:

(1) Uses abusive language and thereby intentionally creates a risk of assault;

(2) Intentionally disrupts any lawful assembly or meeting of persons without authority;

(3) Intentionally obstructs vehicular or pedestrian traffic without lawful authority;

(4) Intentionally and without lawful authority makes noise which unreasonably disturbs others;

(5) Intentionally engages in any conduct which tends to or does disturb the public peace, provoke disorder or endanger the safety of others;

(6) Challenges another person to fight, or fights by agreement, except as part of an organized athletic event; or

(7) Fails to leave a park when directed to do so by a city of Federal Way parks employee or a police officer. (Ord. No. 91-82, § 1(9)(A), 1-8-91; Ord. No. 01-396, § 6, 7-3-01)

11-70 Unlawful public exposure.

(a) It is unlawful for any person to intentionally commit any act constituting unlawful public exposure of his or her person or the person of another. Unlawful public exposure is a misdemeanor, unless such person exposes himself or herself to a person under the age of 14 years, in which case the offense is a gross misdemeanor.

(b) For the purposes of this section, the phrase “unlawful public exposure” means:

(1) A public exposure of any portion of the human anus or genitals;

(2) A public exposure of any portion of the female breast lower than the upper edge of the areola;

(3) A public exposure consisting of touching, caressing or fondling of the male or female genitals or female breasts, whether clothed or unclothed;

(4) A public exposure consisting of masturbation;

(5) A public urination or defecation in a place other than a restroom. (Ord. No. 91-82, § 1(9)(B), 1-8-91; Ord. No. 01-396, § 7, 7-3-01)

11-71 Fires.

It is unlawful to build any fire in any park except in an area designated and so posted by the director. (Ord. No. 91-82, § 1(10), 1-8-91)

11-72 Firearms and fireworks.

Firearms, fireworks, bows, arrows and sling- shots are prohibited in any park. It is unlawful to shoot, fire or explode any firearms, fireworks, firecracker, torpedo or explosive of any kind or carry any firearms or to shoot or fire any airgun, bows, and arrows, BB gun or use any slingshot in any park. The director of parks may issue permits for use of safe fireworks in specified areas where fire hazards will not be increased and where the use of the fireworks will be under proper supervision and are permitted pursuant to FWCC 8-141. Fireworks displays may be permitted by the director as permitted pursuant to FWCC 8-141. This section shall not prevent establishment in any park of a properly designed archery course, upon receipt or permission from the director. (Ord. No. 91-82, § 1(11), 1-8-91)

11-73 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, boat landing or beach which is posted with a sign prohibiting fishing. (Ord. No. 91-82, § 1(12)(A), 1-8-91)

11-74 Shellfish and food fish.

All laws, rules and regulations of the State Department of Fisheries relating to season, limits, and methods of taking, are applicable to the taking of shellfish or food fish in park areas, and in addition to such laws, the director may, upon its finding and for good cause, close certain park areas to the taking of shellfish for specific periods of time. Such closed areas shall be posted with appropriate signs. (Ord. No. 91-82, § 1(12)(B), 1-8-91)

11-75 Games and sports.

It is unlawful to practice or play baseball, softball, football, hockey, tennis, badminton or other games of like character or to hurl or propel any airborne or other object in such a manner as to interfere with or put at risk other park users.

(1) It is unlawful to practice or play golf or archery in any city park, unless authorized by the director. (Ord. No. 91-82, § 1(13), 1-8-91; Ord. No. 01-396, § 8, 7-3-01)

11-76 Loitering.

Loitering is prohibited in restrooms and bathhouses in park and recreation facilities. (Ord. No. 91-82, § 1(14), 1-8-91)

11-77 Meetings – Religious and political.

It is unlawful to organize and hold any religious or political meetings or other assembly within a park without first obtaining a written permit from the director. Such permit shall be issued upon application but may be conditioned as to the time and place of holding such meeting or assembly so as not to unreasonably interfere with other lawful activities within the park. Such conditions may be appealed to the city council if the applicant feels such conditions to be unreasonable. (Ord. No. 91-82, § 1(15), 1-8-91)

11-78 Model aircraft, boats, hydroplanes and other motorized models.

(a) No person shall fly rockets or model aircraft in any park area except in areas specifically designated and/or posted for that purpose and/or having first obtained a permit from the director.

(b) All engines over 0.25 cubic inches used in model aircraft being flown in designated park area shall be muffled.

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

(d) All persons desiring to shoot model rockets in a park area shall obtain a permit to do so from the director. (Ord. No. 91-82, § 1(16), 1-8-91)

11-79 Removal or destruction of park property.

It is unlawful to wilfully remove, destroy, mutilate or deface any structure, monument, statue, fountain, wall, fence railing, vehicle, bench, shrub, tree, lawn or grass, plant, flower, lighting system or sprinkling system or other property lawfully in any park or ballfield. No foreign matter, such as sawdust or sand, may be added to any field in order to use the field in wet weather without the consent of the director. (Ord. No. 91-82, § 1(17), 1-8-91)

11-80 Peddlers – Use of loudspeakers.

It is unlawful to perform the following activities in a park without a written permit or concession contract or a special events contract by the city:

(1) Operating or using any loudspeaker in a park;

(2) Operating a fixed or mobile concession traveling exhibition;

(3) Soliciting, selling, offering for sale, peddling or vending any goods or services;

(4) Advertising any goods or services. (Ord. No. 91-82, § 1(18), 1-8-91; Ord. No. 01-396, § 9, 7-3-01)

11-81 Park scheduling, permits and fees.

Park and recreation facilities are available for public use whenever possible. First priority, however, for park usage will be given to city-sponsored programs. Reservations or scheduling for use of indoor and outdoor facilities is required for any community, special or private event involving more than routine use of a park, and is done by contacting the recreation division of the parks, recreation and human services department and completing the appropriate application forms. Applicable user fees must be paid before the picnic, special use or rental permit will be issued. (Ord. No. 91-82, § 1(19), 1-8-91)

11-82 Pedestrian right-of-way.

At all times and at all locations within any park, pedestrians shall enjoy the right-of-way over any animal and over any motorized or unmotorized vehicle, bicycle, foot scooter, tricycle, skates or skateboard. (Ord. No. 91-82, § 1(20), 1-8-91; Ord. No. 04-464, § 2, 9-21-04)

11-83 Refuse and/or storage of personal property.

(a) It is unlawful to throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk or advertising matter in any park or to deposit any such material therein, except in designated receptacles; provided, however, that it is further unlawful to deposit in such designated litter receptacles or elsewhere within a park any refuse, litter or other trash collected at the home, business, or other dwelling of any person and intentionally brought to the park solely for the purpose of disposing of such refuse, litter or trash.

(b) It is unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in any parks and/or open space areas. (Ord. No. 91-82, § 1(21)(A), 1-8-91; Ord. No. 02-428, § 1, 11-19-02)

11-84 Riding vehicles or animals, and illegal parking.

It is unlawful to ride or drive any bicycle, motor vehicle, horse or pony over or through any park except along and upon the park drives, parkways, park boulevards and/or appropriately marked paths; or at a speed in excess of 15 miles per hour; or to stand or park any vehicle except in areas designated and posted by the director. Any car parked in an area not designated by the director for parking, or otherwise parked in violation of this article or in such a way as to obstruct traffic, or any car which is apparently abandoned in any park, may be summarily removed and impounded upon order of the director. (Ord. No. 91-82, § 1(22), 1-8-91; Ord. No. 93-183, § 1, 8-3-93; Ord. No. 04-464, § 3, 9-21-04)

11-85 Signposting.

It is unlawful to place or erect any signboard, sign, billboard or device of any kind for advertising or any other sign or decoration in any park without the prior consent of the director. It is unlawful to place or erect any structure of any kind in any park. (Ord. No. 91-82, § 1(23), 1-8-91)

11-86 Skateboards; bicycles; coasters; in-line skates; roller skates; and motorized foot scooters and similar devices.

(a) Bicycles, coasters, skates and skateboards. No person shall ride, drive, or operate any bicycle, coaster, skates or skateboard in any area within any park where such activity is prohibited by means of posted notice. The park director, or his or her designee, is authorized to place the appropriate notice or notices at such times, and/or with such areas, of any park which shall make it unlawful to ride, drive or operate any bicycle, skates or skateboard within such designated areas, according to the posted notice.

(b) Designated skate facility. Use of skateboards, coasters, in-line skates and roller skates may be allowed in a designated skate facility.

(1) No skateboards, coasters, in-line skates and roller skates shall be ridden in a negligent manner but shall be operated with reasonable regard for the safety of the operator and other persons.

(2) Bicycles and BMX bikes are not permitted in the designated skate facility.

(3) Additional ramps, jumps or other elements may not be brought into any park or any designated skate facility.

(4) No formal contests of any kind shall be held without prior written approval of the director.

(5) An adult must accompany skaters under the age of eight years.

(6) Use of a skate park facility is voluntary; users assume risks and dangers associated and incidental to the skate facility.

(c) Motorized foot scooters and similar devices. It is unlawful for any person to operate or ride a motorized foot scooter or similar device, as defined in Chapter 15 FWCC, Article IX, upon any city park property, including sidewalks, streets, paths, trails and similar travel ways, unless specifically marked as being allowed. Where specifically allowed, they must be ridden in compliance with the regulations and subject to the penalties located in Chapter 15 FWCC, Article IX. The restriction stated in this subsection does not apply to a motorized foot scooter or similar device when that device is operated by a person with a mobility impairment caused by a physical disability who uses that device to enhance that person’s mobility. (Ord. No. 91-82, § 1(24), 1-8-91; Ord. No. 01-396, § 10, 7-3-01; Ord. No. 04-464, § 5, 9-21-04)

11-87 Smoking.

No smoking is allowed in any public building except in areas so designated by sign or posting. (Ord. No. 91-82, § 1(25), 1-8-91)

11-88 Swimming.

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

(b) No person shall swim, sunbathe or scuba dive in any designated boat launching area. (Ord. No. 91-82, § 1(26), 1-8-91)

11-89 Sound amplification equipment prohibited.

It is unlawful for any person to use, operate, or play or permit to be used, operated or played in any park, any radio, tape player, television, musical instrument, record player or any other machine or device producing or reproducing sound at a volume that is audible at a distance of over 50 feet therefrom, except pursuant to a permit issued by the director. (Ord. No. 91-82, § 1(27), 1-8-91)

11-90 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 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 roller skates.

(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 following 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 another trail user. 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 animals, 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 500 feet to the front, and a red or amber light visible 500 feet to the rear. (Ord. No. 91-82, § 1(28), 1-8-91)

11-91 Trials and competitions.

It is unlawful to engage in, conduct or hold any trials or competitions for speed endurance, or hill climbing involving any vehicle, boat, aircraft or animal in any park, except pursuant to a permit issued by the director. (Ord. No. 91-82, § 1(29), 1-8-91; Ord. No. 99-351, § 1, 11-2-99)