HomeMy WebLinkAbout2567Ordinance No. 2567
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Sec. 2.30 Amended by Ord. 3512 (Now Sec. 2.26)
Sec. 4.01.170 (old Sec. 2.30) amended by Ord. 3587
Sec. 4.01.180 (old Sec. 2.30) repealed by Ord. 3587
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ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington relating to the Department of Parks
and Recreation; repealing Chapter 4.10 Kent
City Code concerning the Kent Comprehensive
Park and Recreation System Plan; amending
Chapter 4.12 Kent City Code concerning street
trees and the Department of Parks and
Recreation's responsibility for street tree
regulation and maintenance; amending and
renumbering sections within Chapter 2.30 Kent
City Code; adding a new Section 2.30.200 Kent
City Code regulating and prohibiting activities
in City parks; providing for criminal penalties
for violation of ordinance.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
, u)
)� Section 1. Chapter 4.10 Kent City Code entitled
"Adoption of the Kent Comprehensive Park and Recreation System
Plan" is hereby repealed. Comprehensive Park and Recreation Plans,;
,are currently in force and in effect pursuant to resolution of the!
City Council of the City of Kent, Washington.
Section 2. Chapter 4.12 Kent City Code is amended as
follows:
4.12.((4)-4-))010. DEFINITIONS. The following words and
phrases used in this Chapter, unless a different meaning is
clearly required by the context, shall have the following meanings.
A. "Planting Strip" shall mean the area available for
planting between the street curb, ((or- plaee
edge of traveled portion of roadway, and the property line.
B. "Planting" shall mean planting and replacement in
planting strips.
C. "Maintain" or "Maintenance" shall mean the entire
care of trees in planting strips, as well as the preparation of
ground, fertilizing, mulching, planting, spraying, trimming,
pruning, topping and root control, but not watering, unless
specifically so stated.
D. "Director" shall mean the Parks and Recreation
Director of the City.
((.. " .))
4.12. (($8-})020. STREET TREE (03ekRD-) ) AND PLAN`T'ING LIST.
A. The Director shall have full advisory
authority as to the selection, planting and maintenance of all
trees, plants and shrubs now planted and growing or hereafter to
be planted and grown upon any and all of the public streets and
planting areas of the City.
B. The ((-Beafd)) Director shall approve the Official
Tree Planting List and street tree planting plans. The Board, in
evaluating such plans prior to approval, shall call upon the
resources of the ((Parka and '...,.rent o_) ) Public Works Department
to furnish it with facts concerning trees and planting strips in
the City.
C. The ((-Board) ) Director shall ( (eeeidef the
d -dial- ) approve or disapprove
the adding or removal of trees to the Official Tree Planting
List. The list as so approved shall be submitted to the Council
for its adoption, by resolution, as the "Official Tree Planting
List of the City of Kent."
D. All new plantings on the streets of the City shall
be confined to trees from the latest adopted Official Tree
Planting List; replacement planting may conform to existing trees
in the planting strip by approval of the (()) Director.
4.12.((t-2-)).030.
STANDARDS.
STREET TREE PLANTING PLANS AND
A. The planting of street trees in the City shall be
governed by general and specific tree planting plans approved by
the Director. The plans shall be based upon the
policies indicated in this Chapter and upon the following
standards:
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1. The Director shall evaluate types and varieties
of trees on the tree planting list and nature of the particular
area to be planted and shall determine in his opinion the best
tree planting for the area.
(l2.H-e-shat -r-epp�� h-i&_findingc and opinion -_In
--_-_ �ng- t o r�--.-�
the Boa r ) ) L
(W,)) ) 2. The ((Board)) Director shall approve the
general or specific plan. The ((Bear4)) Director, in evaluating
the plan prior to approval, may call upon the resources of the
( (Park-s--a-n-d-R-e rem n) ) Public Works Department to furnish it
i
with facts concerning the matter.
B. The Director Hand -$aard-)) shall be guided by
and apply the following standards in formulating and approving a
street tree plan.
1. Trees listed on the official tree planting list
are to be used, except that other trees may be planted on an
experimental basis in selected areas with specific approval of the
((Board)) Director.
2. The prime purpose of beauty shall always be
observed.
3. The location of specific trees shall be at
suitable intervals with consideration given to avoiding or
minimizing interference by the trees with existing or planned
utilities, driveway approaches, street intersections and building
exposures.
4. Selection of a particular species of tree for a,'
specific block, street or section of the City shall be based upon
the nature of the species and the width of the planting strip,
soil conditions, zoning regulations, street patterns, building
setbacks, utilities, future underground wiring proposals, and
availability of the particular species.
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4.12.((4r6-)).040. PROPER`1'Y OWNER REQUESTS.
A. A majority of the abutting property owners in a
given block, street or area of the City where tree planting is
required may petition for the uniform planting of a tree variety
of their own choice. Such petition shall be approved by the
Director, provided the tree selection is made from the official
street tree list and the selection does not conflict with the
standards above.
B. A petition to the ((Bear-)) Director bearing the
signatures of not less than ninety percent of the property owners
of any block may be tiled with the ((fid)) Director requesting al
change in the variety of trees in the planting strip adjacent to
their properties. Such petition shall be approved by the
(Gear --d)) Director, provided the tree selection is made from the
jofficial street tree list and the selection does not conflict with!
the standards above. All expenses of such change will be borne byl
jthe property owners requesting the change, the work to be done
funder the supervision of the Director.
4.12.((-2-0-)).050. STREET 'TREE MAINTENANCE, INSPECTION AND
REMOVAL.
A. It shall be the consistent purpose of the City to
provide proper maintenance according to good municipal forestry
practices for all trees growing along the City arterials, and in
business and industrial districts.
B. It shall be the responsibility of the City to
provide preparation of ground, planting, trimming, pruning,
topping, root control, and removal of dead or dying trees in
residential districts.
C. The Director shall conduct a continual inspection
program of the trees along the streets of the City. All trees
found by the Director to be dead, dying or in a dangerous
condition likely to cause damage shall be removed. The City at
its own cost and expense, and in accordance with the provision of
this Chapter, will replace all trees so removed. (0.1703, g5)
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4.12.((1-4-)).060. PROTECTION OF STREET TREES.
A. No person shall plant, install or maintain shrubs,
low growing trees, vines, fences, signs or stakes or any other
object, except temporary protection for newly planted lawns, or
cause or create conditions or uneven ground, holes or hazards in
planting strips along the streets of the City. When determined by
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the Director that any such plantings or installations are a nazardj
to the public or detrimental to the approved tree planting plan,
the Director shall have full authority to cause such hazard or I
detriment to be removed or eliminated.
B. No person shall, without a written permit from the
Director, plant, remove, trim, prune or cut any tree between the
property line and the curb. Upon permission being granted to any
person, the work shall be done under the supervision of the
Director.
C. No person shall interfere or cause or permit any
person to interfere with employees of the City who are engaged in
the planting or maintaining, treating or removing of any tree or
plant in the planting strips or in the removing of any stone,
cement or any substance in any such street, sidewalk, planting
strip, alley or other public place.
D. No person shall wilfully injure or destroy any tree
on the street or public planting areas of the City by any means.
4.12.((--L$-)).070. NONLIABILITY OF CITY. Nothing in this
Chapter shall be deemed to ((-be-)) impose any liability ((-upon--a44y-
fflember Gf t-h-e—BeaEdy 9E) ) upon the City, or upon any of its
officers or employees, nor to relieve the owner and occupant of
any private property from the duty to maintain sidewalks and to
keep trees and shrubs upon private property, or under his control,
or upon sidewalks and parking strips in front of such private
property, in ((such)) a safe condition(( -s-)).
4.12.((3-2-)).080. VVIOLATIONS AND PENALTIES. Any person
violating any of the provisions of this Chapter shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine of not more than ((e-tie--hundre4)) one thousand
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dollars or by imprisonment for a period of not more than ((thirty
one year in the City jail, or by both such fine and
imprisonment.
Section 3. Chapter 2.30 Kent City Code is amended as
follows:
j 2.30.(($$-)).010. PARK AND RECREATION DEPARTMENT -
CREATION OF. For the purpose of providing for the proper
maintenance and operation of public parks, playgrounds and other
;recreational facilities belonging to the City of Kent, and to
!I provide for the acquisition of land, structures and other
!i facilities for the park and recreational program of the City,
Ii there is established and created a department of the City, to be
ii known as "The Municipal Park and Recreation Department,"
j;hereinafter called "The Department."
((
have -power to fRak-e--ru-1es-and -rages-at i ns- o_—the ,� �-and-
management thereof, including the power to fix cha-rges €o -r the -use
of a-ny-munie-ipaiiy own -ed or controlled parte--o-r---r--ecre tfen
€-a c-i-li-t- - All rule -s and regulations a -n d -use charge—s-- a-nd
ame =oma_ -t-s and c -h -a -n -&-adopted ray tree-liepar-tme�-- s -h -a -14 --be
pramtrlgated-by
one pudlfeati-on in the of€i-c-}a-1 newspaper-
City,----and---a--Dopy thereof shall oe filed in the office of the City
Cier-k-.-- _2hes-e ru-I-e-s- and regulation -s- s -ha -1 -1 -bate - t 1 foree- a-nd
effect from and--a--ter the date of said publication. -Tb -is- oha-pter
and-ru-le-s- a-nd r-eguIat -ons- adopted pursuant - hereto] shall- be
enforced by the police department of the City. Violations of
r -u -le s-- a -n -d regulations so a drip t e d t h- s
C -h -a p to -r .
A. No person shall use, place, or erect any signboard,
b -inboard, bulletin board, post, pole or device of any kind for
advertising on any park properties-, or to attach a-ny-notice, bil-1,
poster, sign, wire, rod or cord to any tree, shrub, railing, post
or structure within any park properties, o -r -without the- w-ri-tie-n
consent eef Vie -Direct of Parks and Reemea-t-i-on to- plaee--r--erect --e-n
any pa k -property - -a -s-t r -u e t u r e of a n -y k i rrd .
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B. No -person --shall remove, ._de-s-tr-oy trrtt=aweor d,. fae
any structure, monument, statue, vase, €oun-tai,_-waI1-j_- enc_e
raiiang,
-v-eiiicle bench-, sh-r-ub, tree, fer-n,--plan-f ,--flow-er--,---i--igh-ti-n-g
syys-em-y or sprinkling system or other property lawfully--o-n- any-
park- prope-r-ty.
C. No -person shall allow or perm -it any -ani4 al under
t-Aat--person's exclusive control to run at large on any park
properties, or enter any lake, pond, fountain or stream therein.
D. No person s -hall shoot, fire or explode any
fireworks, firecrackers, torpedo or explosive of any kind or carry
any firearm or snout or fire any firearm, air gun, bows and
arrows, B.B. guns or use any slingshot on any park properties.
E. No --person -&hall, in any man-nertease, annoy,
d r-& �; - -mo les t-, c -ate --i , i n -jure - or k e -threw—a-ny stone -o:
ffriss-il-e o -f -any kind at or strike with any stick or weapon any
,animal, bird, fowl or fish; or feed any fowl on the park
properties except at areas designated by th-e Diree-tor.
-- No person shall take up collections, or -act as or
play the vocation of solicitor, agent, peddler, fakir, mendicant,
beggar --i strolling musician, organ grinder, -exhorter, lar-ker,
show tan-er �oo-tlae ;--er- epera e or us -e -a -n -y--, ^udspe li^r--or-o-t4-er
mecha-nical means of amplifying-- sound on a*y--park propertiee
W't-rv^iit a written permit -from t�3 Director o€ -larks and
Recreation, except for public address systems at sporting events.
G. No person shall hold, operate or conduct a circus,
earnival, or traveling exhibition on any park property except such
a-ctivities as may be a re-gular part of t -he parks a-nd-ree-rea-ten
p r ogz ani-eo nd-'a' -c- t -ed _b,y t -h -e -Department of -Prl-r k s- and-tee�zz on .
a. No person shall hold any religi.-crus or- pol-itica-1
meeting or other assembly, or to distribute literature on any -park'
properties without first obtaining tne- written permis-cion of: th-e .
DI-r-e-etor of Darks and Recreation.
I. No person -shall hold any relidoss- or pol-itical
mee-t-in-g-o-r-ot-her-assemoly, or to distribute literature on any park
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properties without first --obtaining the written permissi-on of the
D-i-reeto-r of Parks and Reereation .
J_. No pe r s -o n shall h -a ve , keep or operate -a -my- - beat ,
tl-o-at , raft or o -the -r --wate-r_ -cr-a-€ t in or upon- any- bay-,--] a k e-,- _-s10 ug -h,
r -fiver, or creek, within the limits of any -park property-, or la-unch
the same at any point upon the shores thereof bor-deri-ng-upon--any
park propert—yt e"—ept -a-t pl-aces set- apart -for -such purpoees-- by -the
D-epar-tment and so designated by signs.
K. No person s -h a l l ride or drive -any b } c yc-le-,-- tr-i-c-y-c l e ,
Motorcycle, motor vehicle, horse or -pony over or throug-h an -y park
except--a-long_and- upon the park drives, pa-r-k-wa-ys-j--park--bea3-eva —ds;
er at a --speed in exc-ess of fifteen m-i-les-pe-r--;--er---s-tats#--er
park any vehicle, except in designated areas -or in accor-danEe--W4t-h 11
s-igns, stri-ping, or other methods wh cYt - k -e cl-ea-r- the- a-ppnaprda-te
method or manner of parking. Improperly parked vehicles are
sub-ject to tow away.
L. No person sha-11 camp o -n any -park- p-roperty-exeept .a -t
p-iaces -set aside f -or such purposes by the gepa-r-t t -and so-
d es3prrate by a i Bras .
M Permits and sehedul-e-s, off--iia-,y issued e
distribu of Barks and pec-reation, s-ha-1-1--h-ave
r other activities. — Participants shall yield-to-the-
Wolder of such permits or schedules. Participants with/wi-tio-U-t-a
permit--or--schedu-l-e--sha-ll--abide by rules and regal-ation-s-wi}eq'i
posted -at -a facility.
1. No person shall throw any refuse, litter,--b-rcke
glass, crockery, nails, s-hruooery, trimmings, junk or advertising
matter --in or on any park properties or deposit- arty soh -Materiel
therein, except in designated receptacles.
&. No -person shall deposit any refusei -rte-t--gener-ate_d -in
pa -r -k -s -r in any receptacle -within any par -k- or _upon astir--par-k
pr ope rt i -es .
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P . No person -shall engage --n eflndue-t- o -bead-any- t-ri-a-1s
o-n-compe-t tions for speed, endur-ance of b-lll--cl_imb4-ag--i v-G�vi-ng
any vehicle, boat, air -c -r -a -ft- -ei- animaw- any rk .
--- N -o -person-stall- build a-ny fres in u ;� - exeept
i -n --a -eas des-ignated by the Department of Park -s- and- Recreati+�.
R-. No person -shall bring into or consume in or on any
Bark property or facility any alcoholic beverages unl-e,&s
s-pplie-a-tion has first been made to and approved by tre Dixectar.
S. It- is unla- -ful to remain in a-ny_pa-rk- a-fter- the
posted o-&� _time.
T, Vi o l am en-- o€- o -r - -€a i l u re--te
-comply art-Ii—tire 9t --r°-u-1-es
-nd regulations shall sub-jec-t the offender to a fine--in--an-y -sum
-tot to-exeeed $IGO.O00 pursuant to Or-dinanee- Ne
Rent.
U. Exception to any of the above seetio" is
permis-sible only with the written consent o€_-t-h-e_girectQr of Parks
and Recreation this 14th day of March 1970.))
2.30.((+6-)).020. APPOINTMENT AND DUTIES OF DIRECTOR AND
OTHER EMPLOYEES. The City Administrator shall appoint a Director
of Parks and Recreation who is the best trained and qualified
person available therefor and he shall be the head of the
Department. The Department shall have charge of the management of 1,
the park and playground system and of the appointment and
supervision of qualified employees therefor for the effective
administration, construction and development of the public park
and recreation system. The Director shall have such other powers
and duties as may from time to time be imposed and conferred upon
him by law or by ordinance.
( (-2--.30.20. PARSE- BUDGET. The Department-shall-^gin—�
annual budget to the City Council for its approval:))
NEW SECTION:
2.30.200. REGULA`1'IONS AND PROHIBITED ACTIVITIES.
A. No person shall use, place, or erect any signboard,
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billboard, bulletin board, post, pole or device of any kind for
advertising on any park properties, or to attach any notice, bill,
poster, sign, wire, rod or cord to any tree, shrub, railing, post
or structure within any park properties, or without the written
consent of the Director of Parks and Recreation to place or erect
on any park property a structure of any kind.
B. No person shall remove, destroy, mutilate or deface
any structure, monument, statue, vase, fountain, wall, fence
railing, vehicle, bench, shrub, tree, fern, plant, flower,
lighting system, or sprinkling system or other property lawfully
on any park property.
C. No person shall allow or permit any animal under
that person's exclusive control to run at large on any park
properties, or enter any lake, pond, fountain or stream therein.
D. No person shall shoot, fire or explode any
fireworks, firecrackers, torpedo or explosive of any kind or carry
any firearm or shoot or fire any firearm, air gun, bows and
arrows, B.B. guns or use any slingshot on any park properties.
E. No person shall, in any manner, tease, annoy,
disturb, molest, catch, injure or kill or throw any stone or
missile of any kind at or strike with any stick or weapon any
animal, bird, fowl or fish; or feed any fowl on the park
properties except at areas designated by the Director.
F. No person shall take up collections, or act as or
play the vocation of solicitor, agent, peddler, fakir, mendicant,
beggar, strolling musician, organ grinder, exhorter, barker,
showman or bootlack; or operate or use any loudspeaker or other
mechanical means of amplifying sound on any park properties
without a written permit from the Director of Parks and
Recreation, except for public address systems at sporting events.
G. No person shall hold, operate or conduct a circus,
carnival, or traveling exhibition on any park property except such
activities as may be a regular part of the parks and recreation
program conducted by the Department of Parks and Recreation.
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H. No person shall sell refeshments or merchandise
without the written permission of, or a concession contract with,
the Department of Parks and Recreation.
I. No person shall hold any religious or political
meeting or other assembly, or to distribute literature on any park
properties without first obtaining the written permission of the
I
Director of Parks and Recreation.
J. No person shall have, keep or operate any boat,
float, raft or other water craft in or upon any bay, lake, slough,
river, or creek, within the limits of any park property, or launch
the same at any point upon the shores thereof bordering upon any
park property, except at places set apart for such purposes by the
Department and so designated by signs.
K. No person shall ride or drive any bicycle, tricycle,
motorcycle, motor vehicle, horse or pony over or through any park
except along and upon the park drives, parkways, park boulevards;
or at a speed in excess of fifteen miles per hour; or stand or
park any vehicle, except in designated areas or in accordance with
signs, striping, or other methods which make clear the appropriate
method or manner of park. Improperly parked vehicles are subject
to tow away.
L. No person shall camp on any park property except at
places set aside for such purposes by the Department and so
designated by signs.
M. Permits and schedules, officially issued or
distributed by the Department of Parks and Recreation, shall have
priority over other activities. Participants shall yield to the
holder of such permits or schedules. Participants with/without a
permit or schedule shall abide by rules and regulations when
posted at a facility.
N. No person shall throw any refuse, litter, broken
glass, crockery, nails, shrubbery, trimmings, junk or advertising
matter in or on any park properties or deposit any such material
therein, except in designated receptacles.
0. No person shall deposit any refuse, not generated in
parks, in any receptacle within any park or upon any park
properties.
P. No person shall engage in, conduct or hold any
trials or competitions for speed, endurance of hill climbing
involving any vehicle, boat, aircraft or animal in any park„
Q. No person shall build any fires in any park except
in areas designated by the Department of Parks and Recreation.
R. No person shall bring into or consume in or on any
park property or facility any alcoholic beverages unless
application has first been made to and approved by the Director.
S. No person shall play golf except in areas designated
by the Department of Parks and Recreation.
T. Park facilities shall be used for their designed or
intended purposes, and it shall be a violation of this Chapter for
any person to interfere with or prevent any person from using a
park facility for its designed purposes.
1. It is a violation of this subsection for a
person, not playing tennis, to interfere with or prevent tennis
players from using tennis courts.
U. It is unlawful to remain in any park after the
posted closing time.
( (2 -:3 I -FS
3;2-4, PENAL . Any v-iolation of this Ch-apter s4 3IaJ4
6e nis=,ed-_b-y_a__-f--i-n-e not to exceed one hundred d-allars-.-) )
NEW SECTION:
2.30.300. PENALTIES. Violation of any of the provisions
of this Chapter is a misdemeanor punishable by not more than one
year in jail and/or a fine of not more than five thousand dollars
or both.
Section 4. Any act consistent with the authority and
prior to the effective date of this ordinance is hereby ratified
and confirmed.
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Section 5. The provisions of this ordinance are declared'
to be separate and severable. Tne invalidity of any clause,
sentence, paragraph, subdivisions, section or portion of this
ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the
remainder of the ordinance, or the validity or its application to
other persons or circumstances.
Section 6. Effective Date. This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval and publication as provided by law.
CI`SABEL HOGAN, MAYOR
ATTEST:
MARIE J0J%EN, CITY CLERK
APPROVED AS TO FORM:
r
J
P. STEPHEN ZiJULIO, CITY TTORNEY
PASSED the day of , 1985.
APPROVED the day of > , 1985.
PUBLISHED the = ! day of 1985.
I hereby certify that this is a true copy of Ordinance
No., ",'.. , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereon
indicated.
2460-110
(SEAL)
MARIE JENSEN, CITY CLERK
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