Title 12
STREETS, SIDEWALKS, AND PUBLIC PLACES

Chapters:

Division I. Road Standards

12.05 General Considerations

12.10 Repealed

12.15 Repealed

12.20 Repealed

12.25 Repealed

12.30 Repealed

12.35 Repealed

12.40 Repealed

12.45 Repealed

Division II. Street Vacations

12.50 Street Vacation Procedures

Division III. Parks and Other Public Places

12.55 Park Facilities

12.60 Recreation Fee and Rental Policy

12.65 Landmark Preservation

Division I. Road Standards

Chapter 12.05
GENERAL CONSIDERATIONS*

Sections:

12.05.005 Purpose.

12.05.010 Development guidelines adopted.

12.05.020 Applicability.

12.05.030 Responsibility to provide roadway improvements.

12.05.040 General references.

12.05.070 Road plans.

12.05.080 Variances.

12.05.090 Financial guarantees.

12.05.100 Indemnification/liability insurance.

*Prior legislation: Ords. 19, 50 and 98-176.

12.05.005 Purpose.

The city has adopted the road design standards in this chapter primarily for a two-fold purpose:

A. To set forth specific, consistent road design elements for developers and other private parties constructing or modifying road or right-of-way facilities which require city licenses or permits; and

B. To establish uniform criteria to guide the city’s construction of new city roads or reconstruction of existing roads.

In addition, the road standards are intended to support the city’s goals of achieving affordable housing, providing adequate facilities for development in an efficient manner, and complying with stormwater management and sensitive area policies, and to balance these goals with the general safety and mobility needs of the traveling public.

In adopting the road standards, the city has sought to encourage standardization of road design elements where necessary for consistency and to assure so far as practical that motoring, bicycling, equestrian, and pedestrian public safety needs are met. Considerations include safety, convenience, pleasant appearance, proper drainage, and economical maintenance. The standards also provide requirements for the location and installation of utilities within the right-of-way. The city’s permitting and licensing activities require the adoption of specific, identifiable standards to guide private individuals and entities in the administrative process of procuring the necessary city approval. Yet, the city must have needed flexibility to carry out its general duty to provide streets, roads, and highways for the diverse and changing needs of the traveling public. Accordingly, these standards are not intended to represent the legal standard by which the city’s duty to the traveling public is to be measured.

These standards cannot provide for all situations. They are intended to assist but not to substitute for competent work by design professionals. It is expected that land surveyors, engineers, and architects will bring to each project the best of skills from their respective disciplines. These standards are also not intended to limit unreasonably any innovative or creative effort which could result in better quality, better cost savings, or both. Any proposed departure from the standards will be judged, however, on the likelihood that such variance will produce a compensating or comparable result, in every way adequate for the road user and city resident. (Ord. 2000-211 Exh. A).

12.05.010 Development guidelines adopted.*

A. The city adopts the city of Newcastle public works standards (August 2000) as the road standards for the city.

B. The city’s public works standards may be referred to in this chapter as the “standards.” “Standard drawings” shall refer to the drawings contained in the city’s public works standards as adopted in this chapter.

C. The director of public works is authorized to adopt administratively minor changes to the standard drawings to better implement the standards or allow for changes in road design and construction technology and methods occurring after the effective date of the ordinance codified in this section. (Ord. 2005-308 § 2; Ord. 2000-223 § 1; Ord. 2000-211 Exh. A).

*Code reviser’s note: Ordinance 2005-308, Section 2 provides, “A copy of the amended Public Works Standards shall be on file with the City Clerk’s office.”

12.05.020 Applicability.

A. These standards shall apply prospectively to all newly constructed road and right-of-way facilities, both public and private, within the city. In the event of conflict with NMC Title 17, Subdivisions, these standards shall control.

B. The standards apply to modifications of roadway features of existing facilities which are within the scope of reconstructions, required off-site road improvements for land developments, or capital improvement projects when so required by the city or to the extent they are expressly referred to in project plans and specifications. These standards are not intended to apply to “resurfacing, restoration, and rehabilitation” projects as those terms are defined in the Local Agency Guidelines, WSDOT, as amended; however, the engineer may at his discretion consider the standards as optional goals.

C. The standards shall apply to every new placement and every planned, nonemergency replacement of existing utility poles and other utility structures within the city right-of-way. (Ord. 2000-211 Exh. A).

12.05.030 Responsibility to provide roadway improvements.

A. Any land development which will impact the service level, safety, or operational efficiency of serving roads or is required by other city code or ordinance to improve such roads shall improve those roads in accordance with these standards. The extent of off-site improvements to serving roads shall be based on an assessment of the impacts of the proposed land development by the city.

B. Any land development abutting and impacting existing roads shall improve the frontage of those roads in accordance with these standards. Urban residential short plats creating only one additional lot to a tax lot with an existing dwelling unit are exempt from providing urban type street improvements but are subject to shoulder improvements provided these improvements are consistent with the surrounding roads.

C. Any land development that contains internal roads shall construct or improve those roadways to these standards.

D. A subdivision shall not be recorded unless there exists a recorded continuous public access to the subdivision. The city shall not accept a road for maintenance until the road is directly connected to a city or other publicly maintained road.

E. All road improvement and development projects shall include pedestrian access as a part of the design. Where existing roadways are to be modified, pedestrian facilities shall be as described in these standards. (Ord. 2000-211 Exh. A).

12.05.040 General references.

The standards implement and are intended to be consistent with:

A. Newcastle codes and ordinances, as amended, including, but not limited to:

1. The surface water management policies and programs;

2. The building and construction standards;

3. The fire code;

4. The subdivision regulations;

5. The comprehensive plan;

6. The zoning code;

7. The traffic code.

B. Implementing guidelines on drainage hereafter are referred to as the “surface water design manual.” (Ord. 2000-211 Exh. A).

12.05.070 Road plans.

Plans for roads and road drainage shall be prepared and submitted consistent with these standards and in accordance with the standards identified in the standard drawings. These requirements shall apply to public or private roads whether constructed by private party or public agency. (Ord. 2000-211 Exh. A).

12.05.080 Variances.

A. Variances from these standards may be granted by the engineer upon evidence that such variances are in the public interest and that requirements for safety, function, fire protection, appearance and maintainability based upon sound engineering judgement are fully met. Variance requests for subdivisions should be proposed at preliminary plat stage and prior to any public hearing. Variances must be approved prior to approval of the engineering plans for construction. Any anticipated variances from these standards which do not meet the Uniform Fire Code shall also require concurrence by the fire marshal.

B. Application for Variance. Application for a variance shall be filed with the city engineer in writing and shall be accompanied by an appropriate fee as established by resolution, to pay for the cost of processing the application and the costs of publishing and posting the required public notices. All applications shall be accompanied by a current copy of the King County assessor’s record showing the legal owners of all property within 300 feet of the requested variance area. All applications shall contain a statement as to why the variance is necessary, and why it would meet the criteria of this chapter. The application shall also contain scaled drawings of the variance area, abutting roads, and all property within 300 feet thereof. (Ord. 2000-211 Exh. A).

12.05.090 Financial guarantees.

Developers and contractors performing work within the public right-of-way or publicly owned easement(s) shall satisfy the following two financial requirements:

A. The developer or contractor shall furnish a performance surety, approved as to surety by the director and as to form by the city attorney, which shall be conditioned upon faithful completion of that portion of the work performed pursuant to the

permit, and which shall require completion by the city should the developer or the contractor default. The amount of the surety shall be in accordance with the bonding schedule contained in the standards as approved by the city engineer. The city engineer shall review and provide approval, as may be applicable, of the submitted amount.

All work on private road and storm drainage facilities required as a condition of a city approval shall be guaranteed by a performance surety at the time of plat recording.

B. The developer or the contractor shall furnish a maintenance surety, approved as to surety by the director and as to form by the city attorney, which shall be conditioned upon faithful maintenance of all work for a two-year prior from the time of inspection and final acceptance of the work by the city. (Ord. 2000-211 Exh. A).

12.05.100 Indemnification/liability insurance.

A. Hold Harmless Clause. The developer shall indemnify and hold harmless the city and the city engineer, and their agents and employees, from and against all claims, damages, losses, and expenses for bodily injury, sickness, disease, or death, or for injury or destruction of tangible property (other than the work itself), including the loss of use resulting therefrom, and including attorney’s fees. arising out of or resulting from the performance of the work and shall, after reasonable notice, defend and pay the expense of defending any suit and pay any judgment resulting from any such suit; provided, that any such claim, damage, loss, or expense is caused in whole or in part by any negligent act or omission or by any other action giving rise to strict liability of the developer, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.

In any and all claims against the city or city engineer, or any of their agents or employees, by any employee of the developer, any subcontractor. anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this section shall not be limited in any way by any limitation on the amount or type of damages or compensation under workman’s compensation acts, disability benefit acts, or other employee’s benefit acts.

The obligations of the developer under this article shall not include the sole negligence of the city or city engineer.

B. Developer’s Public Liability and Property Damage Insurance. The developer shall not commence work until he has furnished evidence (in duplicate copy) of insurance required hereunder, and such insurance has been approved by the city; nor shall the developer allow any contractor or subcontractor to commence work on his contract or subcontract until the same insurance requirements have been complied with by such contractor or subcontractor. Approval of the insurance by the city shall not relieve or decrease the liability of the developer thereby.

Companies writing the insurance under this section shall be authorized to do business in the state of Washington.

The developer shall maintain, during the life of the permit or approval, comprehensive general and automobile liability insurance, as detailed herein. The insurance shall include the city as an additional named insured. All insurance policies shall be endorsed to provide that the policy shall not be canceled or reduced in coverage until after 10 days’ prior written notice, as evidenced by return receipt or registered letter has been given to the city.

Comprehensive general property damage liability insurance shall include:

1. Premises and operations;

2. Developer’s protective liability;

3. Products liability, including completed operations coverage;

4. Contractual liability;

5. Broad form property damage.

Comprehensive automobile bodily injury and property damage shall include:

1. All owned automobiles;

2. Non-owned automobiles;

3. Hired automobiles.

The insurance coverages listed above shall protect the developer from claims for damages for bodily injury, including death resulting therefrom, as well as claims for property damage, which may arise from operations under this contract, whether such operations be by himself or by any subcontractor or by anyone directly employed by either of them, it being understood that it is the developer’s obligation to enforce the requirements of this section as respects any contractor or subcontractor.

Comprehensive general automobile liability insurance shall provide coverage for both bodily injury and property damage, as follows:

1. Comprehensive general and automobile bodily injury liability insurance on an occurrence basis of not less than $1,000,000 for bodily injury, sickness or disease, including death resulting therefrom, sustained by each person; and for limits of not less than $1,000,000 for each occurrence.

2. Comprehensive general property damage liability insurance on an occurrence as is for limits of not less than $1,000,000 for damage to or destruction of property, including loss of use thereof, arising from each occurrence, and in an amount of not less than $1,000,000 in aggregate.

3. Comprehensive automobile property damage liability insurance on an occurrence basis for limits of not less than $1,000,000 for damage to or destruction of property, including loss of use thereof, arising from each occurrence.

Comprehensive liability insurance shall include the city and city engineer as an additional named insured.

Comprehensive general property damage liability insurance shall include liability coverage for damage to or destruction of property of other, including loss of use of property damaged or destroyed, and all other indirect and consequential damage for which liability exists in connection with such damage to or destruction of property of others, and shall include coverage for:

(“X”’) Injury to or destruction of any property arising out of blasting or explosion;

(“C”) Injury to or destruction of any property arising out of the collapse of/or structural injury to any building or structure due:

1. To excavation. including borrowing, filling or backfilling in connection therewith; or tunneling, pile driving, coffer-dam work or caisson work; or

2. To moving. shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support thereof.

(“U”) 1. Injury to or destruction of wires, conduits, pipes, mains, sewers or other similar property or any apparatus in connection therewith. below the surface of the ground, if such injury or destruction is caused by and occurs during the use of mechanical equipment for the purpose of excavating or drilling; or

2. Injury to or destruction of property at any time resulting therefrom.

There shall be included in the liability insurance, contractual coverage sufficiently broad to insure the provisions of “hold harmless clause.”

Nothing contained in these insurance requirements is to be construed as limiting the extent of the developer’s responsibility for payment of damages resulting from his operations under this contract.

In the event the developer is required to make corrections on the premises after the work has been inspected and accepted, he shall obtain, at his own expense, and prior to commencement of any corrective work, full insurance coverage, as specified herein.

The developer shall furnish, upon request by the city, certified copies of the insurance policy or policies within two weeks of the city’s request.

C. Compensation and Employer’s Liability Insurance. The developer shall maintain workmen’s compensation insurance or, as may be applicable, maritime workmen’s insurance, as required by state or federal statute for all of his employees to be engaged in work under the permit and, in case any such work is sublet, the developer shall require the contractor or subcontractor similarly to provide workmen’s compensation insurance or maritime workmen’s insurance for all of the latter’s employees to be engaged in such work. The developer’s labor and industries account number shall be noted in the application.

In the event any class of employees engaged in work at the site of the work is not covered under the workmen’s compensation insurance or maritime workmen’s insurance, as required by state and federal statute, the developer shall maintain and shall cause each contractor or subcontractor to maintain employer’s liability insurance with a private insurance company for limits of at least $100,000, each person, and $300,000, each accident, and furnish satisfactory evidence of same. (Ord. 2000-211 Exh. A).

Chapter 12.10
ROAD TYPES AND GEOMETRICS

(Repealed by Ord. 2000-211)

Chapter 12.15
DRIVEWAYS, WALKS AND TRAILS

(Repealed by Ord. 2000-211)

Chapter 12.20
SURFACING

(Repealed by Ord. 2000-211)

Chapter 12.25
ROADSIDE FEATURES

(Repealed by Ord. 2000-211)

Chapter 12.30
BRIDGES

(Repealed by Ord. 2000-211)

Chapter 12.35
DRAINAGE

(Repealed by Ord. 2000-211)

Chapter 12.40
UTILITIES

(Repealed by Ord. 2000-211)

Chapter 12.45
CONSTRUCTION CONTROL
AND INSPECTION

(Repealed by Ord. 2000-211)

Division II. Street Vacations

Chapter 12.50
STREET VACATION PROCEDURES

Sections:

12.50.010 Statement of purpose.

12.50.020 Initiation of vacation.

12.50.030 Petition for vacation.

12.50.040 Petition fees.

12.50.050 Survey, vicinity map, plat map and legal description.

12.50.060 Setting of hearing.

12.50.070 Staff report.

12.50.080 Notice of hearing.

12.50.090 Protest.

12.50.100 Hearing and committee report.

12.50.110 City council decision.

12.50.120 Compensation for vacation.

12.50.130 Appraisals.

12.50.140 Payment of compensation of conveyance.

12.50.150 Recording of ordinance.

12.50.010 Statement of purpose.

The purpose of this chapter is to establish procedures, notice requirements and fees for the vacation of streets and alleys within the city. This chapter is intended to implement the authority granted to the city by Chapter 35.79 RCW and RCW 35A.47.020 and to conform to their provisions. In case of conflict between this chapter and those statutes, the statutory provisions shall be controlling. (Ord. 69 § 1, 1995).

12.50.020 Initiation of vacation.

The owners of an interest in any real property abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the city council. In the alternative, the city council may itself initiate a vacation by resolution. The petition or resolution shall be filed with the city clerk. (Ord. 69 § 2, 1995).

12.50.030 Petition for vacation.

The petition shall be in a form prescribed by the director of community development and shall contain a name, address and telephone number of a representative for the petitioners. The petition shall also discuss the criteria set forth in NMC 12.50.110. The sufficiency of the petition shall be governed by RCW 35A.01.040. (Ord. 69 § 3, 1995).

12.50.040 Petition fees.

Every petition for the vacation of any street or alley, or any part thereof, shall be accompanied by a fee in an amount established by resolution of the city to defray the administrative costs incurred in processing the petition and publishing, posting and mailing notices, plus any consulting costs incurred by the city during the review process. The fee shall not be refunded under any circumstances. (Ord. 69 § 4, 1995).

12.50.050 Survey, vicinity map, plat map and legal description.

A. Every petition shall be accompanied by:

1. A survey;

2. A vicinity map showing the general area of the proposed vacation;

3. A plat map prepared and sealed by a professional land surveyor, registered in the state of Washington, indicating the specific parcels abutting the proposed street or alley to be vacated; and

4. An exact legal description of the portion of road to be vacated prepared and sealed by a professional land surveyor, registered in the state of Washington.

B. Flagging which indicates the boundaries of the street or alley shall be installed when the survey is conducted. (Ord. 69 § 5, 1995).

12.50.060 Setting of hearing.

Upon receipt of the petition, the fee and all required documents, the city clerk shall forward the petition and required documents, to the director of community development, or the director’s designee, who shall determine whether the petition has been signed by the owners of more than two-thirds of the property abutting the part of the street or alley to be vacated. If the petition has been signed by the required percentage of such owners, the director, or the director’s designee, shall bring the petition before the city council within 30 days of receipt of the petition, and the city council shall, by resolution, fix a time when the petition will be heard and determined by the city council, or committee of the city council, which time shall be not more than 60 days nor less than 20 days after the date of adoption of the resolution. Where the city council initiates the vacation by resolution, that resolution shall fix a time when the proposed vacation will be heard by the city council or a committee of the city council. (Ord. 69 § 6, 1995).

12.50.070 Staff report.

The community development department shall prepare a report concerning the proposed vacation, which report shall address the criteria (see NMC 12.50.110) to be considered by the city council in determining whether to vacate the street or alley, and such other information as deemed appropriate by the department. In preparing the report, the department shall solicit comments from the police department and the parks and trails committee, and may solicit comments from other governmental agencies and utility companies having jurisdiction or utilities within the boundaries of the city. The report shall be submitted to the city council, or the city council committee hearing the matter, and to the representative of the petitioners, not less than five days before the hearing. (Ord. 69 § 7, 1995).

12.50.080 Notice of hearing.

Upon the passage of the resolution fixing the time for hearing the petition or proposal for vacation, the city clerk shall give not less than 20 days’ notice of the date, time, place and purpose of the hearing by: (1) publishing written notice once in the city’s official newspaper; (2) posting a placard in three of the most conspicuous places in the city; (3) posting a placard at each end of the street or alley sought to be vacated; and (4) mailing written notice to all petitioners at the address on the petition; provided, that in all cases where the vacation proceeding is initiated by resolution of the city without a petition having been signed by the owners of more than two-thirds of the property abutting the street or alley sought to be vacated, the city clerk shall mail, at least 15 days prior to the date of the hearing, a similar notice to all owners or reputed owners of all property abutting the street or alley proposed to be vacated, as shown on the rolls of the King County treasurer. The community development director shall send the same written notice to the representative of the petitioners at the address on the petition. The placards required herein shall be highly visible and at least 11 by 14 inches in size and shall include a map showing the location of the street or alley proposed to be vacated.

All notices required pursuant to this section shall contain a statement that a petition has been filed to vacate the street or alley described in the notice, and shall also contain the date, time and place of the hearing on the petition. (Ord. 2002-255 § 1; Ord. 69 § 8, 1995).

12.50.090 Protest.

If 50 percent or more of the owners of the abutting property file written objections to a city council initiated vacation with the city clerk, prior to the time of the hearing, the city shall be prohibited from proceeding with the vacation. (Ord. 69 § 9, 1995).

12.50.100 Hearing and committee report.

The hearing on the petition proposal shall be held before the city council, or a committee of the city council, upon the day fixed by resolution or at the time to which a hearing may be adjourned. Following the hearing, the committee shall report its recommendation on the petition or proposal to the city council, which may adopt or reject the recommendation. If a hearing is held before a committee, it shall not be necessary to hold a hearing before the city council. (Ord. 69 § 10, 1995).

12.50.110 City council decision.

Following the hearing and receipt of committee report, if applicable, the city council shall determine whether to vacate the street or alley. The determination shall include, but not be limited to, consideration of the following criteria:

A. Whether a change of use or vacation of the street or alley will better serve the public good;

B. Whether the street or alley is no longer required for public use or public access;

C. Whether the substitution of a new and different public way would be more useful to the public;

D. Whether conditions may so change in the future as to provide a greater use or need than presently exists; and

E. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public. If the city council determines to grant the vacation, the action shall be made by ordinance in conformance with NMC 12.50.120 and with such conditions or limitations as the city council deems necessary and proper to preserve any desired public use or benefit. The ordinance may contain a provision retaining or requiring conveyance of easements for construction, repair and maintenance of existing and future utilities and services. (Ord. 69 § 11, 1995).

12.50.120 Compensation for vacation.

A. Where a vacation of a street or alley has been initiated by petition, the owners of the property abutting the area to be vacated shall pay to the city, prior to the passage of the ordinance vacating the area, a sum equal to one-half the appraised value of the area vacated, plus the full cost of physical closure and road development; provided, that if the road or alley to be vacated has been part of a dedicated public right-of-way for 25 years or more, the owners of the property abutting the area to be vacated shall pay to the city a sum equal to the full appraised value of the area vacated, plus the full cost of physical closure and road development.

B. Where a vacation of a street or alley has been initiated by the city or is required by the city as a condition of a permit or approval, the owners of property abutting the area vacated shall not be required to pay the compensation required by subsection (A) of this section.

C. One-half of the compensation received by the city for the vacated area shall be dedicated to the acquisition, improvement, development, and related maintenance of public open space or transportation capital projects within the city. The other half shall be deposited into the street fund.

D. Conveyance of other property acceptable to the city may be made in lieu of the required payment, whether required to mitigate adverse impacts of the vacation or otherwise. When the conveyance is made for street purposes, one-half of the fair market value of the property conveyed shall be credited to the required payment for the vacated area. When the conveyance is made for purposes other than street purposes, the full appraised value of the property conveyed shall be credited to the required payment.

E. When the value of the in-lieu property is less than the required payment, the petitioners shall pay the difference to the city. When the value of the in-lieu property exceeds the required payment, the city shall pay the difference to the petitioners. (Ord. 2002-255 § 2; Ord. 69 § 12, 1995).

12.50.130 Appraisals.

A. The director of community development shall determine the appraised value of the area vacated based on an appraisal from a state-certified real estate appraiser who has an MAI or SRA designation from the appraisal institute. To obtain such appraisal, the director shall present to the representatives of the petitioners a list of three such certified and designated appraisers from which the representatives of the petitioners shall select one appraiser. The petitioner shall pay for the appraisal. If the director is not satisfied with the appraisal, the director may order a second appraisal from a state-certified real estate appraiser who has an MAI or SRA designation from the appraisal institute. The city shall pay for the second appraisal.

B. The director shall use the appraisal having the highest value for the area vacated. The director of community development shall determine the fair market value or full appraisal value of the real property proposed to be granted or dedicated to the city in lieu of cash payment under NMC 12.50.120 in accordance with the appraisal procedure in subsection (A) of this section. (Ord. 69 § 13, 1995).

12.50.140 Payment of compensation of conveyance.

After determining the appraisal of the value of the street or alley to be vacated pursuant to NMC 12.50.130, the director of community development shall notify the representatives of the petitioners of the amount of the required compensation. The payment shall be delivered to the director who, upon receipt of the payment, shall transmit it to the city finance department for deposit into the appropriate fund and/or account and shall make a written report of the payment to the city council. The city finance department shall deposit one-half of the compensation into an account dedicated to the acquisition, improvement, development and related maintenance of public open space or transportation capital projects within the city, and shall deposit the other half into the street fund.

If the petitioner has been authorized to deliver an instrument granting or dedicating to the city a parcel or parcels of land in lieu of cash payment, as provided in NMC 12.50.120, the director, at the petitioner’s expense, may obtain either a policy of title insurance insuring title to the property in the city, or a certificate of title as to the title thereof, and upon receipt of such policy or certificate, shall transmit it to the city council. (Ord. 2002-255 § 3; Ord. 69 § 14, 1995).

12.50.150 Recording of ordinance.

A certified copy of the ordinance vacating a street or alley or part thereof shall be recorded by the city clerk in the office of the King County auditor. (Ord. 69 § 15, 1995).

Division III. Parks and Other Public Places

Chapter 12.55
PARK FACILITIES

Sections:

Article I. General

12.55.010 Definitions.

12.55.020 Program – Purpose.

Article II. Administration

12.55.030 Administrative rules – Hours and conditions of operation.

12.55.040 Rental and use policies.

12.55.050 Repealed.

12.55.060 Repealed.

12.55.070 Religious services or group rallies.

12.55.080 Use of facilities – Building use hours.

12.55.090 Clean-up.

12.55.100 Liability.

12.55.110 Liability insurance.

12.55.120 Adults to accompany minors.

12.55.130 Storage of equipment – Liability of the city.

12.55.140 Equipment regulations – Failure to perform.

12.55.150 Facility use – Sale of goods or services.

12.55.155 Park hours.

Article III. Rules Governing Use of Facilities – Infractions

12.55.160 Camping occupancy policy.

12.55.170 Picnicking.

12.55.180 Food waste, washing of clothes or animals.

12.55.190 Parking lots and roadways – Games prohibited.

12.55.200 Motor vehicles – Parking.

12.55.210 Motor vehicles on roads and trails.

12.55.220 Motor vehicles – Speed limits.

12.55.230 Washing of vehicles.

12.55.240 Motor vehicles – Trucks and commercial vehicles.

12.55.250 Trail use.

12.55.260 Boating restrictions.

12.55.270 Commercial watercraft prohibited.

12.55.280 Overnight moorage.

12.55.290 Tandem moorage.

12.55.300 Use of marine heads.

12.55.310 Tents and shelters on beaches.

12.55.320 Clothing.

12.55.330 Ice.

12.55.340 Game fish.

12.55.350 Shellfish and food fish.

12.55.360 Pets in city park facilities.

12.55.370 Disturbances by animals prohibited.

12.55.380 Horseback riding.

12.55.390 Littering.

12.55.400 Swimming – In designated areas only.

12.55.410 Swimming/scuba diving in boat launch areas prohibited.

12.55.420 Presence in parks during hours the park is closed.

Article IV. Rules Governing
Use of Facilities – Misdemeanors

12.55.430 Loitering.

12.55.440 Horseback riding – May not endanger others.

12.55.450 Mechanical trapping devices – Capturing or injuring animals.

12.55.460 False alarm of drowning prohibited.

12.55.470 Damage to property.

12.55.480 Removal of property.

12.55.490 Outside household or commercial waste.

12.55.500 Waste from vehicles.

12.55.510 Dumping in water prohibited.

12.55.520 Aircraft.

12.55.530 Solicitation.

12.55.540 Fireworks.

12.55.550 Firearms, weapons.

12.55.560 Alcoholic beverages.

12.55.570 Intoxication.

12.55.580 Interference with trails.

Article V. Penalties

12.55.590 Infractions.

12.55.600 Misdemeanors.

12.55.610 Administrative sanctions.

Article VI. Park Safety – Enforcement

12.55.620 Park safety.

12.55.630 Responsibilities.

12.55.640 Enforcement methods – Commissions.

Article VII. Miscellaneous Provisions

12.55.650 Severability.

12.55.660 Collective bargaining obligation.

12.55.670 Lease for recreation use.

Article I. General

12.55.010 Definitions.

Whenever used in these rules the following terms shall be defined as herein indicated:

A. “Aircraft” means any machine or device designated to travel through the air including but not limited to: airplanes, helicopters and balloons;

B. “Alcoholic beverages” or “liquor” includes the four varieties of liquor defined as alcohol, spirits, wine and beer, all fermented, spirituous, vinous, or malt liquor, and all other intoxicating beverages, and substances capable of human consumption, and every liquor, solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer. Any liquor, semisolid, solid or other substance which contains more than one percent alcohol by weight shall be conclusively deemed to be intoxicating;

C. “Associated marine area” means any water area within 100 feet of any city park area or marine facility such as a dock, pier, float, buoy, log boom, or other object which is part of a 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 of remaining overnight;

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

G. “City” means the city of Newcastle;

H. “Department of public safety” shall refer to the city police department or designee;

I. “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 ori-

gin, 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;

J. “Division” or “natural resources and parks division” means the office of the city manager;

K. “Facility” or “facilities” means any building, structure, or park area operated by the office of the city manager;

L. “Loitering” means to wait or prowl in a place, at a time, or in a manner, and under circumstances that manifest an unlawful purpose or warrant alarm for the safety of persons or property in the vicinity. Circumstances which may be considered in determining whether such unlawful purpose is manifested or such alarm is warranted include, but are not limited to, the following: flight by the actor upon appearance of a law enforcement officer, refusal to identify himself, or manifestly endeavoring to conceal himself or any object;

M. “Parks and recreation manager” means a duly appointed employee of the office of the city manager;

N. “City park area” means any area under the ownership, management, or control parks division;

O. “Manager” means office of the city manager, or a duly appointed employee of the office of the city manager;

P. “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;

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

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

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

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

U. “Trailer site” means a designated camping site which has water and/or electrical facilities available for hookup, and which is designed for the use of persons with trailers or campers. (Ord. 96-98 § 1).

12.55.020 Program – Purpose.

The playgrounds, activity centers, and other facilities of the city are established by law for public recreation purposes. The public recreation programs consist primarily of activities planned and directed by the city, and secondarily of recreation activities of community groups or community centers brought under control of the city when authorized by and conducted under a permit issued by the city, or regulated under an agreement approved by the city. (Ord. 2004-291 § 1; Ord. 96-98 § 1).

Article II. Administration

12.55.030 Administrative rules – Hours and conditions of operation.

The city manager or the manager’s designee may clarify, interpret, or apply rules and regulations consistent with this chapter in order to manage and control the parks and recreation system of the city. (Ord. 96-98 § 1).

12.55.040 Rental and use policies.

On and after January 1, 2000, all persons and entities using the city’s buildings and other facilities shall comply with the rental and use policies adopted by resolution, and shall pay all fees established by resolution. (Ord. 2000-229 § 1; Ord. 99-198 § 1; Ord. 96-98 § 1).

12.55.050 Special use permits.

Repealed by Ord. 99-198. (Ord. 96-98 § 1).

12.55.060 Cancellation of permit.

Repealed by Ord. 99-198. (Ord. 96-98 § 1).

12.55.070 Religious services or group rallies.

Religious services or group rallies may be permitted in city 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. 96-98 § 1).

12.55.080 Use of facilities – Building use hours.

Activities for groups using the facilities Sundays through Thursdays shall cease at 9:30 p.m. unless otherwise approved in the use permit. On Fridays and Saturdays groups shall vacate the facilities by 11:00 p.m. unless otherwise approved in the use permit. (Ord. 96-98 § 1).

12.55.090 Clean-up.

All persons must leave facilities in a condition considered satisfactory to the office of the city manager employee in charge who will supervise clean-up 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. 96-98 § 1).

12.55.100 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. 96-98 § 1).

12.55.110 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. Persons shall provide 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 30 days in advance of the cancellation. (Ord. 96-98 § 1).

12.55.120 Adults to accompany minors.

Adults must be present and responsible at all assemblies of minors throughout the entire function. (Ord. 96-98 § 1).

12.55.130 Storage of equipment – Liability of the 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 loaned to any noncity person, group or organization. (Ord. 96-98 § 1).

12.55.140 Equipment regulations – Failure to perform.

The misuse of a park facility or the failure to conform with these regulations, the instructions of office of the city manager employees, or the conditions of a permit will be sufficient reason for denying any future permits. (Ord. 96-98 § 1).

12.55.150 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 bid process, negotiated concession contracts or by special use permit issued by the office of the city manager. (Ord. 96-98 § 1).

12.55.155 Park hours.

All city of Newcastle parks shall be open from 7:00 a.m. until dusk, unless otherwise posted by the city manager. (Ord. 2005-320 § 1).

Article III. Rules Governing Use of Facilities – Infractions

12.55.160 Camping occupancy policy.

There shall be no camping or campfires in any city facilities, parks or trails. (Ord. 96-98 § 1).

12.55.170 Picnicking.

Picnicking is permitted only in designated and marked picnicking areas, or in such other places within a city park area as may from time to time be designated by the parks and recreation manager. (Ord. 96-98 § 1).

12.55.180 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 city park area. (Ord. 96-98 § 1).

12.55.190 Parking lots and roadways – Games prohibited.

Games of any kind are prohibited in parking lots and roadways of all city facilities and park areas. (Ord. 96-98 § 1).

12.55.200 Motor vehicles – Parking.

No operator of any automobile, trailer, camper, boat trailer, or other vehicle, shall park such vehicle in any city 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 office of the city manager. No person shall park, leave standing, or abandon a vehicle in any city park area after closing time, except persons using park facilities as part of an event authorized by the office of the city manager. In addition to the penalties found in Article V of this chapter, any vehicle found parked in violation of the city of Newcastle may be towed away at the owner’s expense. (Ord. 96-98 § 1).

12.55.210 Motor vehicles on roads and trails.

No person shall operate any motor vehicle on any city trail unless such trail has been specifically designated and posted for such use. No person shall operate a motor vehicle within the boundaries of a city park area except on roads, streets, highways, parking lots, parking areas, or where otherwise permitted by proper posting; provided, that this section shall not apply to emergency vehicles, maintenance vehicles, or construction vehicles authorized by the office of the city manager. (Ord. 96-98 § 1).

12.55.220 Motor vehicles – Speed limits.

No person shall drive a motor vehicle within any city park area 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 camp, picnic, utility, or headquarters areas, or in areas of general public assemblage. (Ord. 96-98 § 1).

12.55.230 Washing of vehicles.

No person shall clean or wash any automobile or other vehicle in any city park area. (Ord. 96-98 § 1).

12.55.240 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 city park area or any park road except in the service of the office of the city manager, at the request of the employees of the office of the city manager, or by express permission of the city manager for a special activity not inconsistent with city park use; provided, that the provisions of this section shall not apply to city roads or state highways. (Ord. 96-98 § 1).

12.55.250 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 10 miles per hour, unless otherwise posted, 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 uses or travels on a trail should 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 bicycles on a trail from one-half hour before sunset to one-half hour before dawn shall operate their bicycles with a headlight visible 500 feet to the front, and a red or amber light visible 500 feet to the rear.

G. Bicycles, rollerskates, rollerblades, skateboards and similar wheeled devices shall be permitted in city park and trail areas unless otherwise posted.

H. Persons using city trails shall maintain low noise levels so as not to disturb others between dusk and 7:00 a.m. (Ord. 2005-320 § 2; Ord. 96-98 § 1).

12.55.260 Boating restrictions.

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 any three days in a seven-day period, beginning midnight Wednesday and ending midnight the following Wednesday unless otherwise posted. Shorter or longer limitation of occupancy may be established and posted by the division for any individual facility or area. In addition to the penalties in Article 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 city park except in areas specifically designated and/or marked for that purpose. No boat or marine craft powered by gasoline, diesel, or other internal combustion engine shall be allowed on or in Lake Boren. (Ord. 96-98 § 1).

12.55.270 Commercial watercraft prohibited.

Use of marine areas and marine facilities by commercial watercraft is prohibited. For the purpose of this rule “commercial watercraft” means watercraft used for any commercial purpose but shall not include a commercial watercraft operated within the terms of a concession lease with the office of the city manager. (Ord. 96-98 § 1).

12.55.280 Overnight moorage.

No person or persons shall moor, anchor, dock or berth a boat or other object overnight in a city park area or associated marine area. (Ord. 96-98 § 1).

12.55.290 Tandem moorage.

No more than three boats or other objects may be tied or rafted together when moored, docked or berthed adjacent to a dock, pier, or float in a city park area. (Ord. 96-98 § 1).

12.55.300 Use of marine heads.

No person shall use and/or flush any marine head which when flushed emits its contents directly into the waters of a lake, or river, or any other water area, nor cause any human or animal waste to be dumped into the waters. (Ord. 96-98 § 1).

12.55.310 Tents and shelters on beaches.

No person shall erect, use or occupy a temporary tent or shelter on any swimming beach in any city park area unless there is an unobstructed view through the tent or shelter from at least two sides; provided, that this section shall not be construed to authorize overnight camping. (Ord. 96-98 § 1).

12.55.320 Clothing.

Clothing sufficient to conform to community standards shall be worn at all times. (Ord. 96-98 § 1).

12.55.330 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. 96-98 § 1).

12.55.340 Game fish.

All laws, rules and regulations of the Department of Fish and Wildlife relating to season, limits, and methods of fishing are applicable to fishing for game fish in city 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. 96-98 § 1).

12.55.350 Shellfish and food fish.

All laws, rules and regulations of the 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 park system may, upon its finding and for good cause, close certain city park areas to the taking of shellfish for specific periods of time. Such closed areas shall be posted with appropriate signs. (Ord. 96-98 § 1).

12.55.360 Pets in city park facilities.

A. Dogs, pets, or domestic animals are not permitted on any designated swimming beach, picnic or play areas in any city park or in any building unless specifically permitted by posting; provided, that this section shall not apply to seeing eye dogs.

B. In permissible areas, dogs at all times must be controlled by means of a leash not exceeding eight feet in length.

This subsection (B) shall not apply to dogs which are in special areas designated by the city as dog training areas, as long as the city’s regulations with respect to the use of dog training areas are followed and the dog is under the custody and control of a competent trainer.

C. Any person whose dog or other pet 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. 2005-320 § 3; Ord. 96-98 § 1).

12.55.370 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 tranquillity of the park. (Ord. 96-98 § 1).

12.55.380 Horseback riding.

Horses shall be permitted in city park and trail areas unless otherwise posted.

Horses shall not be permitted in any designated swimming area or picnic area. No person shall allow a horse or other animal to stand unattended or insecurely tied. (Ord. 96-98 § 1).

12.55.390 Littering.

No person shall leave, deposit, drop or scatter bottles, broken glass, ashes, food, waste paper, cans, or other rubbish in a city park area, except in a garbage can or other receptacle designated for such purposes. (Ord. 96-98 § 1).

12.55.400 Swimming – In designated areas only.

No swimming shall be allowed from the shoreline or dock of Lake Boren Park. (Ord. 96-98 § 1).

12.55.410 Swimming/scuba diving in boat launch areas prohibited.

No person shall swim, sunbathe, or scuba dive in any designated boat launching area. (Ord. 96-98 § 1).

12.55.420 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, unless authorized by the office of the city manager. (Ord. 96-98 § 1).

Article IV. Rules Governing Use of Facilities – Misdemeanors

12.55.430 Loitering.

Loitering as defined in these rules is prohibited in restrooms and bathhouses in city park and recreation facilities. (Ord. 96-98 § 1).

12.55.440 Horseback riding – May not endanger others.

No person shall ride any horse or other animal in such a manner that unreasonably exposes a person to risk of physical harm. (Ord. 96-98 § 1).

12.55.450 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. This shall not exclude “have-a-heart” traps and other devices approved by animal protection groups. The act of capturing an animal, by other than lawful means is prohibited. (Ord. 96-98 § 1).

12.55.460 False alarm of drowning prohibited.

No person shall give or transmit a false signal or false alarm of drowning. (Ord. 96-98 § 1).

12.55.470 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 city park area unless authorized to do so by the office of the city manager. No person shall deface, damage or destroy any property, material or equipment which is under the jurisdiction of the office of the city manager. (Ord. 96-98 § 1).

12.55.480 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 office of the city manager. (Ord. 96-98 § 1).

12.55.490 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 city park area garbage can or other receptacle designated for such purpose. (Ord. 96-98 § 1).

12.55.500 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 city park area. (Ord. 96-98 § 1).

12.55.510 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 city park area. (Ord. 96-98 § 1).

12.55.520 Aircraft.

A. Aircraft Landing/Take-Off. No aircraft shall land or take off from any body of water or land area in a city 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 subsection (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 72 hours of an emergency landing.

B. Model Aircraft and Rockets.

1. No person shall fly rockets or model aircraft in any city 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 city park areas shall be muffled;

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

4. All persons desiring to shoot model rockets in a city park area shall obtain a permit to do so from the parks and recreation services office. (Ord. 96-98 § 1).

12.55.530 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 city park area, except by concession contract or by special use permit issued by the office of the city manager. (Ord. 96-98 § 1).

12.55.540 Fireworks.

No person shall possess, discharge, set off, or cause to be discharged, in or into any city park area, any firecracker, torpedo, rocket, fireworks, explosive, or substance harmful to the life or safety of persons or property, unless so authorized by the office of the city manager. (Ord. 96-98 § 1).

12.55.550 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 city 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 office of the city manager for good cause has authorized a special recreational activity upon finding that it is not inconsistent with city park use this section shall not apply. (Ord. 96-98 § 1).

12.55.560 Alcoholic beverages.

Selling, opening, possessing alcoholic beverages in an open container, or consuming any alcoholic beverage in a city park, recreation area, or associated marine area is prohibited except in the following designated areas subject to approval by the manager and under the following condition:

The sale and consumption of alcoholic beverages is permissible at designated indoor and outdoor locations within city facilities by special use permit groups; provided, that the activities conform to the requirements of the Washington State Liquor Control Board pursuant to RCW Title 66, and that such serving and consumption is confined to the designated location. (Ord. 96-98 § 1).

12.55.570 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. 96-98 § 1).

12.55.580 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. 96-98 § 1).

Article V. Penalties

12.55.590 Infractions.

The failure to perform any act required or the performance of any act prohibited by Article III of this chapter shall be a civil infraction. (Ord. 96-98 § 1).

12.55.600 Misdemeanors.

The violation of any of the provisions of Article IV of this chapter is a misdemeanor. (Ord. 96-98 § 1).

12.55.610 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. 96-98 § 1).

Article VI. Park Safety – Enforcement

12.55.620 Park safety.

A. General. These park rules are established to provide a system by which the greatest number of people may obtain the maximum satisfaction from the use of city parks and recreation facilities. For the rules to serve this purpose, they must be understood and followed by the park users. Accordingly, park safety involves both public awareness and rule enforcement programs.

B. Application of Park Safety Program. The degree and extent to which the application of park safety shall be adapted to city parks shall be based on purpose and location of each park and recreation facility, its environment and surrounding community, the number and type of persons using it, the number and type of rule violations that have occurred in the past, and the perception that the people of the city have of the park or facility as a safe place to use. The office of the city manager shall keep records of safety problems and rules violations in each facility and continuously evaluate its safety program for each facility based on those records. (Ord. 96-98 § 1).

12.55.630 Responsibilities.

Park safety is the responsibility of the public safety department and the office of the city manager. Specific responsibilities include the following:

A. Office of the City Manager.

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

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

3. Encouraging voluntary compliance with rules based on awareness.

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

5. Notification of law enforcement officers who have primary jurisdiction in a particular geographic area whenever office of the city manager personnel observe violations of park rules requiring further law enforcement authority or other violations of local, state, or federal laws; whenever there is an emergency requiring law enforcement assistance; or whenever they need assistance in executing their responsibilities pursuant to this chapter.

B. Public Safety Department.

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

2. Providing supplementary patrols in natural resources and parks facilities as determined by the office of the city manager.

3. Responding, as appropriate, to requests from office of the city manager personnel for assistance in situations beyond their capacity or authority to act. (Ord. 96-98 § 1).

12.55.640 Enforcement methods – Commissions.

The primary method of enforcing park rules shall be through requesting voluntary compliance by park users or by the use of administrative sanctions by office of the city manager personnel. Enforcement through the issuance of citations for violations of park ordinances shall be executed solely by those personnel who are specifically commissioned for that purpose. Office of the city manager personnel may be commissioned by the police chief at the request of the office of the city manager in accordance with applicable law as may be necessary to ensure proper enforcement of park rules. Such personnel shall receive training as required by the office of the city manager and state law. The office of the city manager will work cooperatively to implement and oversee the commissioning program. (Ord. 96-98 § 1).

Article VII. Miscellaneous Provisions

12.55.650 Severability.

Should any section, subsection, paragraph, sentence, clause, or phrase of these rules be ordered unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this chapter. (Ord. 96-98 § 1).

12.55.660 Collective bargaining obligation.

Should any provision of these rules constitute a subject or subjects appropriate for collective bargaining as defined by RCW 41.56.030, implementation of such provision, as it applies to any member of a collective bargaining unit, will occur only after the obligation to bargain has been satisfied. (Ord. 96-98 § 1).

12.55.670 Lease for recreation use.

It is the policy of the city to accept the dedication of land for open space and recreational uses; provided, it meets park criteria, or in the opinion of the planning agency the land represents a desirable or necessary open space, and that in accepting the dedication the city does not accept responsibility for maintenance unless or until the land is developed to a standard acceptable to the city; and provided further, that by the dedication the city is given the right to lease the lands for open space or recreation use and development to duly constituted neighborhood or community organizations or special districts who would be responsible for development or maintenance. (Ord. 96-98 § 1).

Chapter 12.60
RECREATION FEE AND RENTAL POLICY

Sections:

12.60.010 Policy.

12.60.020 Administrative procedures.

12.60.030 Pricing modifications.

12.60.040 Scholarship fund account.

12.60.050 Rental fee.

12.60.010 Policy.

A. Recreation Scholarship Fund. A scholarship fund has been established to give those with low income the opportunity to participate in recreation programs. The money for this fund comes from donations from businesses, service organizations, or private individuals. Applications for scholarships will be processed and granted in accordance with criteria established by resolution.

B. Recreational Scholarships. Additional opportunities for low-income families to participate in recreational services, programs and community centers may be provided by the city by way of social service grants, reviewed and awarded pursuant to Resolution 209 and NMC 2.32.050, as may hereafter be amended.

C. Low Income. For the purpose of these policies “low income” is defined by using the Department of Social Services current family income standard of need (NMC 12.60.030).

D. Residential Preferences. Priority scheduling will be given to residents of the city of Newcastle for facility and building rentals and spaces for participation in recreational programs. (Ord. 2004-291 § 2; Ord. 2000-229 § 2; Ord. 99-198 § 2; Ord. 96-101 § 1).

12.60.020 Administrative procedures.

The city manager is hereby authorized to implement such administrative procedures as may be necessary to carry out the policies set forth in Exhibit A. (Ord. 96-101 § 2).

12.60.030 Pricing modifications.

A. The city manager is authorized to make pricing modifications to reflect the needs of special populations including seniors, low income persons, and physically or mentally challenged persons.

B. Standard of Assistance – Need Standards. (WAC 388-250-1250). Effective September 1, 1994, the department shall determine the statewide monthly need standard for a household with an obligation to pay shelter to be:

Recipient in Household	Need Standard
1	$  752
2	$  951
3	$1,178
4	$1,385
5	$1,596
6	$1,811
7	$2,092
8	$2,315
9	$2,543
10	$2,763

(Ord. 96-101 § 3).

12.60.040 Scholarship fund account.

A scholarship fund account is established to receive donations from individuals to be distributed to assist those with low income. (Ord. 96-101 § 4).

12.60.050 Rental fee.

A rental fee shall be charged for use of city owned facilities in an amount established by resolution. (Ord. 96-101 § 5).

Chapter 12.65
LANDMARK PRESERVATION

Sections:

12.65.010 Findings and declaration of purpose.

12.65.020 Landmarks and heritage commission created – Membership and organization.

12.65.030 Adoption of county provisions.

12.65.040 Redesignation.

12.65.010 Findings and declaration of purpose.

The city council finds that:

A. The protection, enhancement, perpetuation, and use of buildings, sites, districts, structures and objects of historical, cultural, architectural, engineering, geographic, ethnic and archaeological significance located in the city of Newcastle is necessary in the interest of prosperity, civic pride and general welfare of the people of the city of Newcastle.

B. Such cultural and historic resources are a significant part of the heritage, education and economic base of the city of Newcastle, and the economic, cultural and aesthetic well-being of the city of Newcastle cannot be maintained or enhanced by disregarding its heritage and by allowing the unnecessary destruction or defacement of such resources.

C. Present preservation programs and activities are inadequate for insuring present and future generations of city of Newcastle residents and visitors a genuine opportunity to appreciate and enjoy our heritage.

D. The purposes of this chapter are to:

1. Designate, preserve, protect, enhance, and perpetuate those sites, buildings, districts, structures and objects which reflect significant elements of the city of Newcastle’s, county’s, state’s and nation’s cultural, aesthetic, social, economic, political, architectural, ethnic, archaeological, engineering, historic, and other heritage;

2. Foster civic pride in the beauty and accomplishments of the past;

3. Stabilize and improve the economic values and vitality of landmarks;

4. Protect and enhance the city of Newcastle tourist industry by promoting heritage-related tourism;

5. Promote the continued use, exhibition and interpretation of significant sites, districts, buildings, structures, and objects for the education, inspiration and welfare of the people of the city of Newcastle;

6. Promote and continue incentives for ownership and utilization of landmarks;

7. Assist, encourage and provide incentives to public and private owners for preservation, restoration, rehabilitation and use of landmark buildings, sites, districts, structures and objects;

8. Work cooperatively with other jurisdictions to identify, evaluate, and protect historic resources in furtherance of the purposes of this chapter. (Ord. 98-167 § 1).

12.65.020 Landmarks and heritage commission created – Membership and organization.

A. The King County landmarks and heritage commission established pursuant to Chapter 20.62 KCC is hereby designated and empowered to act as the landmarks commission for the city of Newcastle pursuant to the provisions of this chapter.

B. Pursuant to KCC 22.62.030, a special member of the King County landmarks and heritage commission shall be appointed by the mayor subject to confirmation by the council. Such special member shall have demonstrated interest and competence in historic preservation. The appointment shall be for a three-year term. The special member shall serve until his or her successor is duly appointed and confirmed. In the event of vacancy, an appointment shall be made to fill the vacancy in the same manner and with the same qualifications as if at the beginning of the term, and the person appointed to fill the vacancy shall hold the position for the remainder of the unexpired term. The special member may be reappointed, but may not serve more than two consecutive three-year terms. The special member shall be deemed to have served one full term if the special member resigns at any time after appointment or if such special member serves more than two years of an unexpired term. The special member shall serve without compensation except for out-of-pocket expenses incurred in connection with commission meetings or program. The city of Newcastle shall reimburse such expenses incurred by the special member.

C. The city council shall approve the budget and detailed work plan each year prior to the commencement of services for that year.

D. The commission shall not conduct any public hearings required under this chapter with respect to properties or structures located within the city of Newcastle until the commission’s rules and regulations, including procedures consistent with this ordinance, have been filed with the city clerk. (Ord. 98-167 § 2).

12.65.030 Adoption of county provisions.

The following sections of Chapter 20.62 KCC are incorporated by this reference and made a part of this chapter:

A. KCC 20.62.020, Definitions, except as follows:

1. Paragraph (F) is changed to read “council” and is the city of Newcastle city council.

2. Paragraph (I) is changed to read “director” and is the city of Newcastle city manager.

B. KCC 20.62.040, Designation Criteria, except all references to “King County” are changed to read city of Newcastle.

C. KCC 20.62.050, Nomination Procedure.

D. KCC 20.62.070, Designation Procedure, except all references to “King County” are changed to read city of Newcastle.

E. KCC 20.62.080, Certificate of Appropriateness Procedure, except the last sentence of paragraph (A) thereof.

F. KCC 20.62.100, Evaluation of Economic Impact.

G. KCC 20.62.110, Appeal Procedure.

H. KCC 20.62.130, Penalty for Violation of Section 20.62.080.

I. KCC 20.62.140, Special Valuation for Historic Properties.

J. KCC 20.62.150, Historic Resources, review process, only the final sentence of paragraph (B)(4) and the entirety of paragraph (C) thereof. (Ord. 98-167 § 3).

12.65.040 Redesignation.

All county landmarks previously designated pursuant to Chapter 20.62 KCC that are located within the boundaries of the city of Newcastle are redesignated and shall be subject to the provisions of this chapter. (Ord. 98-167 § 4).