WAC 352-32-010
Definitions. Whenever used in this
chapter the following terms shall be defined as herein
indicated:
"Aircraft" shall mean any machine designed to travel
through the air, whether heavier or lighter than air;
airplane, dirigible, balloon, helicopter, etc. The term
aircraft shall not include paraglider or remote controlled
aircraft.
"Aquatic facility" shall mean any structure or area
within a state park designated by the director or designee for
aquatic activities, including, but not limited to, swimming
pools, wading pools, swimming beaches, floats, docks, ramps,
piers or underwater parks.
"Bivouac" shall mean to camp overnight on a vertical rock
climbing route on a ledge or in a hammock sling.
"Campfires" shall mean any open flame from a wood source.
"Camping" shall mean erecting a tent or shelter or
arranging bedding, or both, or parking a recreation vehicle or
other vehicle for the purpose of remaining overnight.
"Camping party" shall mean an individual or a group of
people (two or more persons not to exceed eight) that is
organized, equipped and capable of sustaining its own camping
activity in a single campsite. A "camping party" is a
"camping unit" for purposes of RCW 79A.05.065.
"Commercial recreation use" is a recreational activity in
a state park that is packaged and sold as a service by an
organization or individual, other than state parks or a state
park concessionaire.
"Commercial recreation provider" is any individual or
organization that packages and sells a service that meets the
definition of a commercial recreation use.
"Commercial use (nonrecreation)" is any activity
involving commercial or business purpose within a state park
that may impact park facilities, park visitors or staff and is
compatible with recreational use and stewardship, limited in
duration and does not significantly block/alter access or
negatively impact recreational users.
"Commission" shall mean the Washington state parks and
recreation commission.
"Conference center" shall mean a state park facility
designated as such by the director or designee that provides
specialized services, day-use and overnight accommodations
available by reservation for organized group activities.
"Day area parking space" shall mean any designated
parking space within any state park area designated for
daytime vehicle parking.
"Director" shall mean the director of the Washington
state parks and recreation commission or the director's
designee.
"Disrobe" shall mean to undress so as to appear nude.
"Emergency area" is an area in the park separate from the
designated overnight camping area, which the park manager
decides may be used for camping when no alternative camping
facilities are available within reasonable driving distances.
"Environmental interpretation" shall mean the provision
of services, materials, publications and/or facilities,
including environmental learning centers (ELCs), for other
than basic access to parks and individual camping, picnicking,
and boating in parks, that enhance public understanding,
appreciation and enjoyment of the state's natural and cultural
heritage through agency directed or self-learning activities.
"Environmental learning centers (ELCs)" shall mean those
specialized facilities, designated by the director or
designee, designed to promote outdoor recreation experiences
and environmental education in a range of state park settings.
"Extra vehicle" shall mean each additional unhitched
vehicle in excess of the one recreational vehicle that will be
parked in a designated campsite or parking area for overnight.
"Fire" shall mean any open flame from any source or
device including, but not limited to, campfires, stoves,
candles, torches, barbeques and charcoal.
"Fish" shall mean all marine and freshwater fish and
shellfish species including all species of aquatic
invertebrates.
"Foster family home" means an agency which regularly
provides care on a twenty-four-hour basis to one or more
children, expectant mothers, or persons with developmental
disabilities in the family abode of the person or persons
under whose direct care and supervision the child, expectant
mother, or person with a developmental disability is placed.
"Geocache" shall mean geocaches, letterboxes, and related
activities. Geocaching is an outdoor treasure hunting game in
which participants (called "geocachers") use a Global
Positioning System receiver or other navigational techniques
to hide and seek containers (called "geocaches" or "caches").
"Group" shall mean twenty or more people engaged together
in an activity.
"Group camping areas" are designated areas usually
primitive with minimal utilities and site amenities and are
for the use of organized groups. Facilities and extent of
development vary from park to park.
"Hiker/biker campsite" shall mean a campsite that is to
be used solely by visitors arriving at the park on foot or
bicycle.
"Intimidate" means to engage in conduct that would make a
reasonable person fearful.
"Motorcycle" means every motor vehicle having a saddle
for the use of the rider and designed to travel on not more
than three wheels in contact with the ground, but excluding a
farm tractor and a moped.
"Multiple campsite" shall mean a designated and posted
camping facility encompassing two or more individual standard,
utility or primitive campsites.
"Obstruct pedestrian or vehicular traffic" means to walk,
stand, sit, lie, or place an object in such a manner as to
block passage by another person or a vehicle, or to require
another person or a driver of a vehicle to take evasive action
to avoid physical contact. Acts authorized as an exercise of
one's constitutional right to picket or to legally protest,
and acts authorized by a permit issued pursuant to WAC 352-32-165 shall not constitute obstruction of pedestrian or
vehicular traffic.
"Out-of-home care" means placement in a foster family
home or with a person related to the child under the authority
of chapters 13.32A, 13.34, or 74.13 RCW.
"Overflow area" shall mean an area in a park separate
from designated overnight and emergency camping areas,
designated by the park manager, for camping to accommodate
peak camping demands in the geographic region.
"Overnight accommodations" shall mean any facility or
site designated for overnight occupancy within a state park
area.
"Paraglider" shall mean an unpowered ultralight vehicle
capable of flight, consisting of a fabric, rectangular or
elliptical canopy or wing connected to the pilot by suspension
lines and straps, made entirely of nonrigid materials except
for the pilot's harness and fasteners. The term "paraglider"
shall not include hang gliders or parachutes.
"Person" shall mean all natural persons, firms,
partnerships, corporations, clubs, and all associations or
combinations of persons whenever acting for themselves or by
an agent, servant, or employee.
"Person related to the child" means those persons
referred to in RCW 74.15.020 (2)(a)(i) through (vi).
"Personal watercraft" means a vessel of less than sixteen
feet that uses a motor powering a water jet pump, as its
primary source of motive power and that is designed to be
operated by a person sitting, standing, or kneeling on, or
being towed behind the vessel, rather than in the conventional
manner of sitting or standing inside the vessel.
"Popular destination park" shall mean any state park
designated by the director or designee as a popular
destination park because, it is typically occupied to capacity
on Friday or Saturday night during the high use season.
"Primitive campsite" shall mean a campsite not provided
with flush comfort station nearby and which may not have any
of the amenities of a standard campsite.
"Public assembly" shall mean a meeting, rally, gathering,
demonstration, vigil, picketing, speechmaking, march, parade,
religious service, or other congregation of persons for the
purpose of public expression of views of a political or
religious nature for which there is a reasonable expectation
that a minimum of twenty persons will attend based on
information provided by the applicant. Public assemblies must
be open to all members of the public, and are generally the
subject of attendance solicitations circulated prior to the
event, such as media advertising, flyers, brochures,
word-of-mouth notification, or other form of prior
encouragement to attend.
Alternatively, the agency director or designee may
declare an event to be a public assembly in the following
cases: Where evidentiary circumstances and supporting
material suggest that more than one hundred persons will
attend, even where the applicant does not indicate such an
expectation; or where there is reason to expect a need for
special preparations by the agency or the applicant, due to
the nature or location of the event.
"Ranger" shall mean a duly appointed Washington state
parks ranger who is vested with police powers under RCW 79A.05.160, and shall include the park manager in charge of
any state park area.
"Recreation vehicle" shall mean a vehicle/trailer unit,
van, pickup truck with camper, motor home, converted bus, or
any similar type vehicle which contains sleeping and/or
housekeeping accommodations.
"Remote controlled aircraft" shall mean nonpeopled model
aircraft that are flown by using internal combustion, electric
motors, elastic tubing, or gravity/wind for propulsion. The
flight is controlled by a person on the ground using a hand
held radio control transmitter.
"Residence" shall mean the long-term habitation of
facilities at a given state park for purposes whose primary
character is not recreational. "Residence" is characterized
by one or both of the following patterns:
(1) Camping at a given park for more than thirty days
within a forty-day time period April 1 through September 30;
or forty days within a sixty-day time period October 1 through
March 31. As provided in WAC 352-32-030(7), continuous
occupancy of facilities by the same camping party shall be
limited to ten consecutive nights April 1 through September
30. Provided that at the discretion of the park ranger the
maximum stay may be extended to fourteen consecutive nights if
the campground is not fully occupied. Campers may stay twenty
consecutive nights October 1 through March 31 in one park,
after which the camping unit must vacate the overnight park
facilities for three consecutive nights. The time period
shall begin on the date for which the first night's fee is
paid.
(2) The designation of the park facility as a permanent
or temporary address on official documents or applications
submitted to public or private agencies or institutions.
"Seaweed" shall mean all species of marine algae and
flowering sea grasses.
"Sno-park" shall mean any designated winter recreational
parking area.
"Special groomed trail area" shall mean those sno-park
areas designated by the director as requiring a special
groomed trail permit.
"Special recreation event" shall mean a group recreation
activity in a state park sponsored or organized by an
individual or organization that requires reserving park areas,
planning, facilities, staffing, or other services beyond the
level normally provided at the state park to ensure public
welfare and safety and facility and/or environmental
protection.
"Standard campsite" shall mean a designated camping site
which is served by nearby domestic water, sink waste, garbage
disposal, and flush comfort station.
"State park area" shall mean any area under the
ownership, management, or control of the commission, including
trust lands which have been withdrawn from sale or lease by
order of the commissioner of public lands and the management
of which has been transferred to the commission, and
specifically including all those areas defined in WAC 352-16-020. State park areas do not include the seashore
conservation area as defined in RCW 79A.05.605 and as
regulated under chapter 352-37 WAC.
"Trailer dump station" shall mean any state park sewage
disposal facility designated for the disposal of sewage waste
from any recreation vehicle, other than as may be provided in
a utility campsite.
"Upland" shall mean all lands lying above mean high
water.
"Utility campsite" shall mean a standard campsite with
the addition of electricity and which may have domestic water
and/or sewer.
"Vehicle" shall include every device capable of being
moved upon a public highway and in, upon, or by which any
persons or property is or may be transported or drawn upon a
public highway. For the purposes of this chapter, this
definition excludes bicycles, wheelchairs, motorized foot
scooters, electric personal assistive mobility devices
(EPAMDs), snowmobiles and other nonlicensed vehicles.
"Vehicle parking permit" means the permit issued on a
daily, multiple day or annual basis for parking a vehicle in
any state park area designated for daytime vehicle parking,
excluding designated sno-park parking areas.
"Vessel" shall mean any watercraft used or capable of
being used as a means of transportation on the water.
"Walk-in campsite" shall mean a campsite that is accessed
only by walking to the site and which may or may not have
vehicle parking available near by.
"Watercraft launch" is any developed launch ramp
designated for the purpose of placing or retrieving watercraft
into or out of the water.
"Water trail advisory committee" shall mean the
twelve-member committee constituted by RCW 79A.05.420.
"Water trail camping sites" shall mean those specially
designated group camp areas identified with signs, that are
near water ways, and that have varying facilities and extent
of development.
"Wood debris" shall mean down and dead tree material.
[Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075,
and 79A.05.065. 08-24-006, § 352-32-010, filed 11/20/08,
effective 12/21/08. Statutory Authority: Chapter 79A.05 RCW.
07-03-121, § 352-32-010, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.070,
79A.05.165, 79A.05.605, and 79A.05.610. 05-24-030, §
352-32-010, filed 11/30/05, effective 12/31/05. Statutory
Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. 05-01-069, § 352-32-010, filed 12/9/04, effective
1/9/05. Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.075. 04-01-067, § 352-32-010, filed 12/12/03,
effective 1/12/04. Statutory Authority: RCW 79A.05.030,
79A.05.070, 79A.05.075, and 79A.05.065. 02-19-069, §
352-32-010, filed 9/13/02, effective 10/14/02. Statutory
Authority: Chapter 79A.05 RCW, including RCW 79A.05.030,
79A.05.035, 79A.05.055, and 79A.05.070. 00-13-070, §
352-32-010, filed 6/16/00, effective 7/17/00. Statutory
Authority: Chapter 79A.05 RCW and RCW 79A.05.070. 00-01-201,
§ 352-32-010, filed 12/22/99, effective 1/22/00. Statutory
Authority: RCW 43.51.040(2). 98-23-063, § 352-32-010, filed
11/16/98, effective 1/1/99. Statutory Authority: RCW 43.51.040. 98-04-065, § 352-32-010, filed 2/2/98, effective
3/5/98. Statutory Authority: RCW 43.51.060, 43.51.055,
43.51.050, 43.51.040 and 43.51.300. 97-21-133, § 352-32-010,
filed 10/21/97, effective 1/1/98. Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050 and 43.51.040. 96-22-018, §
352-32-010, filed 10/29/96, effective 1/1/97. Statutory
Authority: RCW 43.51.180. 96-02-015, § 352-32-010, filed
12/21/95, effective 1/21/96. Statutory Authority: RCW 43.51.040 and [43.51.]060. 95-22-067, § 352-32-010, filed
10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.060 and 43.51.395. 95-07-061, § 352-32-010, filed
3/13/95, effective 4/13/95. Statutory Authority: RCW 43.51.040. 94-23-024, § 352-32-010, filed 11/7/94, effective
1/1/95. Statutory Authority: RCW 43.51.060. 94-08-036, §
352-32-010, filed 3/31/94, effective 5/1/94. Statutory
Authority: RCW 43.51.040. 94-01-087, § 352-32-010, filed
12/13/93, effective 1/13/94; 93-08-025, § 352-32-010, filed
3/30/93, effective 5/1/93; 93-06-001, § 352-32-010, filed
2/17/93, effective 3/20/93; 91-09-001, § 352-32-010, filed
4/4/91, effective 5/15/91. Statutory Authority: RCW 43.51.040 and 43.51.060. 89-07-020 (Order 89-01), §
352-32-010, filed 3/7/89. Statutory Authority: RCW 46.10.040, 43.51.040 and 43.51.060. 87-24-032 (Order 102), §
352-32-010, filed 11/24/87. Statutory Authority: RCW 43.51.040 and 43.51.060. 87-08-008 (Order 100), § 352-32-010,
filed 3/23/87, effective 5/15/87; 86-06-020 (Order 91), §
352-32-010, filed 2/25/86; 81-09-034 (Order 50), § 352-32-010,
filed 4/14/81. Statutory Authority: RCW 43.51.040. 80-14-009 (Order 48), § 352-32-010, filed 9/22/80. Statutory
Authority: RCW 43.51.040 and 43.51.060. 80-05-007 (Order
45), § 352-32-010, filed 4/4/80; Order 9, § 352-32-010, filed
11/24/70.]