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Title 7 - PARKS AND RECREATION

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Title 7 - PARKS AND RECREATION

    PARKS AND RECREATION

    Title 7

    PARKS AND RECREATION

Chapters:

     7.01 Definitions

     7.02 General Provisions

     7.08 Facilities Use Charges

     7.09 Parking Fee Enforcement

     7.12 Rules for Use of Facilities

     7.16 Land Dedications

     7.20 Park and Recreation Districts

     7.24 Earthworks

     For provisions regarding concession contracts for recreational facilities, see K.C.C. chapter 4.57.

    (King County 6-2009)

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DEFINITIONS 7.01.010

    Chapter 7.01

    DEFINITIONS

Sections:

     7.01.010 Definitions

     7.01.010 Definitions. The definitions in this section apply throughout this title and K.C.C.

    chapter 4.57, unless the context clearly requires otherwise.

     A. "Advertising" means promotional activity for the financial gain of those undertaking the activity or causing the activity to be undertaken, including, but not limited to, placing signs, posters, placards or any other display device in publicly visible location within a parks and recreation facility. "Advertising" does not include posting of an announcement on a community bulletin board, consistent with any applicable rules for the use of community bulletin boards.

     B. "Aircraft" means any machine or device designed to travel through the air including, but not limited to, airplanes, helicopters, ultra light type planes, gliders, remote-control planes and gliders, hot air balloons, kites and balloons.

     C. "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 every liquor, solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer; all drinks or drinkable liquids and all preparations or mixtures capable of human consumption. Any liquor, semisolid, solid or other substance that contains more than one percent alcohol by weight shall be conclusively deemed to be intoxicating.

     D. "Associated marine area" means any water area within one hundred feet of any parks and recreation facility such as a dock, pier, float, buoy, log boom or other object that is part of a parks and recreation facility, only if the area does not include private property.

     E. "Boat" means any contrivance up to sixty-five feet in length overall, used or capable of being used as a means of transportation on water.

     F. "Camper" means a motorized vehicle containing either sleeping or housekeeping

    accommodations, or both, and shall include a pickup truck with camper, a van-type body, a converted bus, or any similar type vehicle.

     G. "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.

     H. "Campsite" means camping sites designated by the director.

     I. "Change" a fee means to alter the amount of a fee.

     J. "Concession" means the privilege or authority to sell goods or services within parks and recreation facilities or to operate parks and recreation facilities or a portion thereof.

     K. "Concession contract" or "concession agreement" means the agreement granting a person a concession with respect to a parks and recreation facility.

     L. "Department" means the department of natural resources and parks.

     M. "Director" means the director of the department of natural resources and parks or the director’s designee.

     N. "Discrimination" means any action or failure to act, whether by single act or part of a practice, the effect of which is to adversely affect or differentiate between or among individuals or groups of individuals, because of race, color, religion, national origin, age, sex, marital status, parental status, sexual orientation, the presence of any sensory, mental or physical handicap or the use of an animal guide by a blind or deaf or otherwise physically or mentally challenged person.

     O. "Division" means the parks and recreation division of the department of natural resources and parks.

     P. "Eliminate" a fee means to remove a fee.

     Q. "Establish" a fee means to impose a fee for an activity for which a fee was not being charged.

     R. "Facility," "facilities," "parks and recreation facility," "parks and recreation facilities" or "park area" means any building, structure, park, open space, trail or other property owned or otherwise under the jurisdiction of the parks and recreation division of the department of natural resources and parks.

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    (King County 6-2009)

    7.01.010 PARKS AND RECREATION

     S. "Facility manager" means the person designated to manage a specific parks and recreation facility.

     T. "Manager" means the manager of the parks and recreation division of the department of natural resources and parks.

     U. "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 be legally operated upon the public highways.

     V. "Naming rights" means rights to name a facility after a person for a term of years in exchange for consideration.

     W. "Parks and recreation purposes" means any lawful purpose of the division.

     X. "Person" means all natural persons, groups, entities, firms, partnerships, corporations, governmental and quasi-governmental entities, clubs and all associations or combination of persons whether acting for themselves or as an agent, servant or employee.

     Y. "Permit" means an authorization for the use of parks and recreation facilities that imposes conditions on the permittee in addition to those conditions imposed on the general public.

     Z. "Rocket" means any device containing a combustible substance that when ignited, propels the device forward.

     AA. "Set" a fee means to change or eliminate a fee, including determining, changing or eliminating a range for a fee. "Set" does not include selecting a fee in a previously set range for a fee.

     BB. "Spirits" means any beverage that contains alcohol obtained by distillation, including wines exceeding twenty-four percent of alcohol by volume.

     CC. "Sponsorship" means providing consideration to support specific parks and recreation facilities or activities, generally in exchange for advertising on county property, through county media, or otherwise, or other promotional consideration.

     DD. "Trail" means any path, track or right-of-way designed for use by pedestrians, bicycles, equestrians or other nonmotorized modes of transportation.

     EE. "Trailer" means a towed vehicle that contains sleeping or housekeeping accommodations.

     FF. "Trailer site" means a designated camping site that has either water or electrical facilities, or both, available for hookup.

     GG. "User fee" means a fee charged for the use of parks and recreation facilities, activities and programs, including, but not limited to, general facilities admission, classes and workshops, sponsored leagues and tournaments, gymnasium and field usage for games and practice, field lights and other equipment, concessions, parking, camping, special event admission, rooms for meetings, conference banquets and other indoor activities, kitchen and equipment. "User fee" does not include the cost of purchasing tangible personal property sold by the division. "User fee" also does not include charges made under:

     1. an advertising, sponsorship or naming rights agreement in accordance with K.C.C. 7.08.080;

     2. a concession contract in accordance with K.C.C. chapter 4.57;

     3. a lease, rental or use agreement in accordance with K.C.C. 4.56.150; or

     4. a special use permit in accordance with K.C.C. 7.12.050. (Ord. 14509 ? 4, 2002).

    74

(King County 6-2009)

    GENERAL PROVISIONS 7.02.010 - 7.02.020

    Chapter 7.02

    GENERAL PROVISIONS

Sections:

     7.02.010 Relationship to growth management act.

     7.02.020 Large active recreation and multiuse park.

     7.02.010 Relationship to growth management act. Ordinance 11622 and K.C.C. Titles 7

    (Parks and Recreation), 23 (Enforcement, and 25 (Shorelines) are adopted as development regulations

    pursuant to RCW 36.70A (Growth Management Act). (Ord. 11622 ? 1, 1994).

     7.02.020 Large active recreation and multiuse park. The department may designate a King

    County facility as a large active recreation and multiuse park. The department shall maintain a parks

    inventory list showing the parks designated as large active recreation and multiuse parks. The

    department shall set out a process through department policies and procedures for review and public

    meetings for designation of a large active recreation and multiuse park. (Ord. 14807 ? 1, 2003).

    75

(King County 6-2009)

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FACILITIES USE CHARGES 7.08

    Chapter 7.08

    FACILITIES USE CHARGES

Sections:

     7.08.050 User fees established.

     7.08.060 Setting and establishing user fees.

     7.08.070 Gifts, bequests and donations.

     7.08.080 Advertising, sponsorship and naming rights.

     7.08.090 Reporting requirements.

     7.08.100 Types of agreements and permits.

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(King County 6-2009)

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FACILITIES USE CHARGES 7.08.050 - 7.08.060

     7.08.050 User fees established. User fees are established for the following:

     A. Admission;

     B. Aquatics:

     1. Pool rentals;

     2. Pool usage; and

     3. Swim lessons;

     C. Athletic fields:

     1. Usage; and

     2. Lights;

     D. Banquets;

     E. Camping;

     F. Cancellations;

     G. Classes and workshops;

     H. Cleaning;

     I. Deposits:

     1. Damage; and

     2. Key;

     J. Equipment or materials use;

     K. Facility use;

     L. Moorage;

     M. Outdoor facility use;

     N. Parking;

     O. Permit-related activities;

     P. Pea-patch rentals;

     Q. Recreation programs;

     R. Room rentals;

     S. Special athletic requests including, but not limited to, fence rentals and pitcher's mound installations;

     T. Special events;

     U. Special personnel requests including, but not limited to, security and after-hours facility openings; and

     V. Utilities. (Ord. 14509 ? 6, 2002).

     7.08.060 Setting and establishing user fees.

     A. The director shall set user fees in accordance with this section.

     B. The director shall set user fees for all parks and recreation facilities and programs for which specific users can be readily identified and charged, unless the director determines that the administrative costs to collect the fees are likely to exceed revenues.

     C. In setting user fees, the director shall consider the following, among other factors:

     1. The cost of providing services and the demand for services;

     2. The administrative costs of collecting the fees;

     3. The user's ability to pay;

     4. Maximizing nontax revenue for the support of parks and recreation facilities;

     5. The target revenue rate from user fees, which are:

     a. for swimming pools, at least fifty percent of operation and maintenance costs, including overhead;

     b. for the Weyerhauser King County Aquatic Center, at least fifty percent of the operation and maintenance costs, including overhead;

     c. for the King County fairgrounds, at least one hundred percent of operation and maintenance costs, including overhead;

     d. for ballfields, at least thirty percent of operation and maintenance costs, including overhead; and

     e. for all other activities, at least thirty percent of operation and maintenance costs, including overhead.

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    (King County 6-2009)

    7.08.060 PARKS AND RECREATION

     D. User fees for youth shall generally be set lower than comparable fees for adults.

     E. Consistent with applicable law, the director may waive, in whole or in part, user fees or provide or facilitate scholarships for individuals meeting federally established low-income criteria, to help ensure that no one is denied access to parks and recreation facilities or activities based solely on an inability to pay. The director shall adopt rules in accordance with K.C.C. chapter 2.98 that establish the circumstances for which these waivers or scholarships are available and the process for granting the waivers or scholarships. In addition, the director may waive user fees as part of a concession, advertising or sponsorship agreement under which the county receives consideration equal to or greater than the total amount of the fees to be waived. The director shall document all waivers of user fees.

     F. The director shall set user fees in a way that clearly and simply states the amounts and the facilities or programs to which the fees apply. The director may set ranges for particular user fees and select fees within those ranges.

     G. The director shall make available to the public a description of the department's procedures for setting user fees. The description shall include information on how to inquire about the department's proposed and adopted user fees and public comment opportunities.

     H.1. The director shall give at least twenty days' notice of its intention to set user fees by providing notice:

     a. in writing or by electronic format, to:

     (1) the clerk of the council;

     (2) all council members; and

     (3) all persons who have made a timely request for advance notice of fee setting;

     b. by posting notice at affected facilities; and

     c. by publishing in the official county newspaper a summary of the notice of the proposed action, including the information in subsection H.2. a. through e. of this section.

     2. The notice made in subsection H.1. a. and b. of this section shall:

     a. include a reference to this section;

     b. include a reference to the facility or program to which the fee will be applied;

     c. include a date and place by which comments must be submitted;

     d. specify whether the proposal is the determination, change or elimination of a fee;

     e. if the proposal is to change a fee, indicate both the amount of the existing fee and the proposed fee; and

     f. state the reason for and methodology used to determine the proposed new fee.

     3. Selecting a different user fee within a set range does not require notice.

     4. The director shall consider all comments received by the prescribed date for comment before the user fee is set.

     I. A user fee is set when signed by the director. A user fee takes effect ten days after it is set.

     J. Once a user fee is set, the division shall post the amount of the fee in both written and electronic form for inspection, review and copying by the public, including providing a copy, in writing or by electronic format, of the fee to the clerk of the county council and each member of the county council and posting the fee on the Internet.

     K. The director may not increase a fee, or the upper end of the range of a fee, more than fifty percent of that which is in place for the fee or range, unless the authority to set the fee is granted by the council by ordinance. However, for the convenience of parks users and to reduce administrative expenses, an increase in the daily parking fee of no more than fifty percent may be rounded up one time only to the next highest dollar.

     L. The director may not increase a fee or the upper end of the range of a fee, within one hundred twenty days of a previous increase to the fee or range, unless the authority for the increase is granted by the council by ordinance.

     M. A fee may not be established unless the fee is approved by the council by ordinance.

     N. All persons using King County parks and recreation facilities shall pay any applicable user fees, except as provided in subsection E of this section.

     O. User fees generated under this chapter shall be applied solely to parks and recreation purposes. (Ord. 16553 ? 16, 2009: Ord. 14509 ? 7, 2002).

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