HomeMy WebLinkAbout3839 (5)Ordinance No. 3886
(Amending or Repealing Ordinances)
CFN=118 — Parks and Recreation
Passed — 8/5/2008
Amend Kent City Code 3.40 to Establish Lake Meridian Boat Launch Fees
ORDINANCE NO.,�
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending the Kent City
Code to establish a boat launch fee at Lake
Meridian, to establish a boating facility fund for the
launch proceeds, and to make other housekeeping
amendments.
RECITALS
A. The are two boat launches that provide public access to Lake
Meridian. One boat launch is operated by the Washington State
Department of Fish and Wildlife. It is unimproved, does not have a
boarding float, and a boat launch fee is included in the cost of state -issued
fishing licenses. The second boat launch is owned and operated by the
City of Kent. Use of the City's boat launch facility has increased over the
years, and Kent citizens and City staff have requested that boat launch
fees be implemented at Lake Meridian Park to regulate access and assist in
the maintenance and operation costs of the boat launch.
B. Based on a survey of boat launch fees charged by
surrounding jurisdictions, the City Council wishes to establish similar boat
launch fees at Lake Meridian. Upon the effective date of this ordinance,
visitors may remit either an annual boat launch fee of $50, or a per launch
fee of $5. Revenue generated by the boat launch fee will be used to assist
Amend Kent City Code to Establish
Lake Meridian Boat Launch Fees
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with the City's operation and maintenance costs associated with its boating
facilities.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Chapter 3.40 of the Kent City Code,
entitled "Specific Funds," is amended to add a new Part 13 establishing a
Boating Facility Fund as follows:
PART 13. BOATING FACILITY FUND
Sec. 3.40.1300. Created. There is hereby established a City
boating facility fund for the receipt of:
1. Vessel and personal watercraft launch fees collected under
KCC 4.06.200.
2. Private or public gifts, endowments, donations, bequests, or
other grants.
3. Such other funding sources as may be available.
Sec. 3.40.1310. Expenditures and disbursements.
Expenditures and disbursements made from the boating facility fund shall
support boating needs within the City. Authorized disbursements that may
be made from the boating facility fund include expenses to operate,
maintain, improve, and enforce boating activities and facilities and aquatic
resources within the City; to acquire land to expand boating facilities; to
purchase replacement equipment and supplies; to recover the cost to
collect boat launch fees within the City; and to pay for the cost of such
other expenditures and disbursements as may be recommended by the
Amend Kent City Code to Establish
Lake Meridian Boat Launch Fees
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Parks, Recreation, and Community Services Director and approved by the
City Council.
SECTION 2. - Amendment. Section 4.01.080 of the Kent City
Code, entitled "Prohibited activities—Speed limits, etc., vehicles and
horses," is amended to add a new subsection related to boat launch fees
and to make minor housekeeping changes as follows:
Sec. 4.01.080. Prohibited activities - Speed limits, ete:,
vehicles and horses.
A. No person shall ride or drive any bicycle, tricycle, motorcycle, motor
vehicle, horse, or pony over or through any park at a speed in excess of
fifteen (15) miles per hour. Nor shall any person ride or drive any bicycle,
tricycle, motorcycle, motor vehicle, horse, or pony over or through any
park, except within, along,F and upon the park drives, parkways, or park
boulevards,
eF at a speed in excess ef fifteen (15) miles per heuF;-
however, a person mak ride a bicycle or tricycle on park trails, unless the
parks, recreation and community services director prohibits bicycle or
tricycle use and posts a sign advising of the prohibition.
B. No person shall 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 parking. Improperly parked
vehicles, including vehicles parked on sidewalks, vehicles left parked over
twenty-four (24) hours, vehicles not associated with the use of the park,
and unauthorized vehicles left in the park between dusk and dawn, are
subject to the penalties provided for in KCC 4.01.2200 and may be
towed away at the expense of the owner.
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Lake Meridian Boat Launch Fees
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SECTION 3. — Amendment. Section 4.01.220 of the Kent City
Code, entitled "Penalties," is amended as follows:
Sec. 4.01.220. Penalties.
A. Civil infraction
1. Except as provided in subsections (A)(2) and (B) , a
violation of any provision of this chapter shall constitute a class 1 civil
infraction in accordance with RCW 7.80.120(1)(a), as currently enacted or
hereafter amended.
day, er peFtlen thereef, during which any vielat&en eeears, shall constitute
2. A violation of KCC 4.01.080(6) shall constitute a class 3 civil
infraction in accordance with RCW 7.80.120(1)(c), as currently enacted or
hereafter amended.
3. Each separate day, or portion thereof, during which any
violation occurs, shall constitute a separate violation.
B. Misdemeanor. Any person who violates KCC 4.01.020 or 4.01.040
of this chapter shall be guilty of a misdemeanor punishable by a fine not to
exceed five thousand dollars ($5,000) or by imprisonment not to exceed
one (1) year, or by both such fine and imprisonment. Each separate day
or portion thereof during which such violation occurs shall constitute a
separate violation.
SECTION 4. — Amendment. Section 4.06.040 of the Kent City
Code, entitled "Definitions," is amended to add a definition for the term
"boat basin," as follows:
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Amend Kent City Code to Establish
Lake Meridian Boat Launch Fees
Sec. 4.06.040. Definitions. For the purpose of this chapter, in
addition to the definitions set forth in RCW 79A.60.010 adopted above, the
following terms shall have the meaning ascribed in this section:
Authorized emergency vessel means any authorized vessel of the
city's police or fire departments, the United States government, and state
of Washington authorized patrol boats or vessels.
Boat basin means the submerged waters surrounding the boat
launch ramp and boarding float through which boats travel for the purpose
of entering and exiting lake waters.
City means the city of Kent.
Obstruction means any matter which may in any way blockade,
interfere with, or endanger any vessel or impede navigation including but
not limited to rafts, log booms, trees, lumber, and other similar material or
objects.
Oil means any oil or liquid, whether of animal, vegetable, or mineral
origin, or a mixture, compound or distillation thereof.
Person, when necessary, means and includes natural persons,
associations, co -partnerships and corporations, whether acting by
themselves or by a servant, agent, or employee; the singular number,
when necessary, means the plural, and the masculine pronoun includes the
feminine.
Pier means any pier, wharf, dock, float, gridiron, or other structure
to promote the convenient loading or unloading or other discharge of
vessel, or the moorage of vessel.
Police or police department means the police department of the city
of Kent.
Restricted area means an area that has been marked in accordance
with and as authorized by the law or regulations of the city, to be used for
certain designated purposes such as swimming and aquatic events or
otherwise closed to use by vessels, the method of marking and designation
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Lake Meridian Boat Launch Fees
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of which shall have been made by the city in accordance with the
provisions of this chapter.
Skin diving means any free swimming person and/or any person
who uses an artificial or mechanical means to replace his or her air,
including self-contained underwater breathing apparatus (SCUBA diving),
snorkel tube equipment, and free diving gear.
Vessel includes, but is not limited to, rowboat, sailboat, sailboard,
canoe, kayak, powerboat, ski boat, personal watercraft, and other similar
watercraft.
SECTIONS. -Amendment. Section 4.06.160 of the Kent City
Code, entitled "Swimming—Lake Meridian," is amended to add a new
subsection (A)(3) as follows:
Sec. 4.06.160. Swimming - Lake Meridian.
A. Swimming in Lake Meridian shall be confined to:
1. Restricted swimming areas; or
2. To within a distance of fifty (50) feet from the shore, or a
pier, or an occupied vessel accompanying the swimmer in the water; or-.
3. Those areas as may be identified by the City as the course for
competitive swimming training or events; or
4. Those waters of the lake that are a distance of one hundred
(100) feet away from the boat basin, the boat launch, the boarding float,
and the temporary moorage associated with the boat launch.
B. Use of inflatable flotation or similar devices, not propelled by
instruments such as oars and paddles, including, but not limited to tubes,
boards, and inflatable rafts, are only allowed within a distance of fifty (50)
feet from shore in nondesignated swimming areas.
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C. No person shall cause to be tied to any marker buoy, any
watercraft, boat, or similar craft or flotation device such as a tube, board,
or inflatable raft.
D. No person shall give or transmit a false signal or false alarm of
drowning in any manner.
E. The parks, recreation, and community services director e€ parks -and
reereatien may establish the hours for lifeguard supervised swimming and
may establish rules and regulations for use within or adjacent to
designated swim areas.
SECTION 6. - Amendment. Section 4.06.200 of the Kent City
Code, entitled "Lake Mend ian—Motor-powered vessel restrictions—Water
skiing and personal watercraft operation," is amended to add a new
section establishing launch fees at Lake Meridian for vessels and personal
watercraft as follows:
Sec. 4.06.200. Lake Meridian - Motor -powered vessel
restrictions - Water skiing and personal watercraft operation.
A. Generally. The following rules and regulations are adopted for the
use of motor -powered vessels on Lake Meridian:
1. It is unlawful to use or operate any vessel powered by motor
power on Lake Meridian, except that vessels with the following engines will
be permitted:
a. Water-cooled outboard engines of stock manufacture or
stock manufactured inboard engines with outboard drive units
(inboard/outboards) which vent all exhaust gases through the lower drive
unit in conjunction with cooling water and/or vent at a point on the drive
unit which is under water at all times; or water-cooled direct drive inboard
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engines equipped with a muffler or silencer of sufficient size and capacity
to effectively muffle and reduce noise similar to that of outboards and
inboard/outboards. This includes both propeller and jet propulsion
watercraft.
b. Air-cooled outboard or inboard engines of stock
manufacture rated by the manufacturer at ten (10) horsepower or less.
C. Electric fishing trolling motors.
2. No vessel shall operate in excess of eight (8) miles per hour
after 6:00 p.m. until the hour of 9:00 a.m. and not in excess of thirty-five
(35) miles per hour from 9:00 a.m. to 6:00 p.m.
3. Vessels exceeding speeds of eight (8) miles per hour shall
remain at least two hundred (200) feet from the shoreline and one
hundred (100) feet from other vessels and swimmers and shall proceed
around the lake in a counterclockwise direction.
4. All vessels operating on Lake Meridian shall carry United
States Coast Guard approved personal flotation devices in good condition
for each person in the vessel.
5. Motor -powered vessels operating after sundown shall be
equipped with and have lit proper running lights.
6. The anchorage or moorage of unoccupied vessels is prohibited
except when tied to a pier or dock with the permission of the owner of the
pier or dock. However, an unoccupied vessel may only be anchored or
moored to a City pier or dock while the vessel's trailer is being parked or
retrieved.
7. No remote controlled vessels powered by internal combustion
engines shall operate before 9:00 a.m. or after 6:00 p.m. Additionally,
such remote controlled vessels may only be operated in those areas as
may be designated by the parks, recreation, and community services
director, and shall not be operated within 100 feet of any fishing pier,
designated swimming area, or boat launch ramp and dock.
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8. Skin diving is prohibited except as necessary for public
employees and their agents or other authorized personnel to perform their
duties or in the case of an emergency.
9 No person shall launch a vessel or personal watercraft off a
trailer and into Lake Meridian from the City -operated boat launch at Lake
Meridian Park without first paying a launch fee in the amount of five dollars
($5) per launch, or an annual launch fee in the amount of fifty dollars
($50), and displaying the receipt or annual permit on the dashboard of the
vehicle from which the vessel or personal watercraft was launched.
B. Water skiing. The following regulations apply to all water skiing
activities as defined in RCW 79A.60.010 including, but not limited to, being
towed behind a vessel on skis, an aquaplane, kneeboard, tube, or similar
device:
1. Water skiing on the lake at speeds up to and including eight
(8) miles per hour is permitted any time between dawn and dusk.
2. Water skiing on the lake at speeds over eight (8) miles per
hour shall be limited to the hours of 9:00 a.m. to 6:00 p.m.
3. It is unlawful to water ski within three hundred (300) feet of
shore except as follows:
a. From privately owned shoreline, water skiers may start
at and return to shore by means of the most expeditious route;
b. From city owned shoreline, water skiers may start or
return (deep water start) from a distance of two hundred (200) feet or
greater from shore but are prohibited from starting or stopping within two
hundred (200) feet of shore. For purposes of this provision, city owned
shoreline includes the swimming beach and boat launching areas of the
park. For purposes of starting at and returning to shore as authorized
herein, water skiers may temporarily exceed the speed limit to eight (8)
miles per hour.
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Lake Meridian Boat Launch Fees
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4. All persons in vessels towing persons on water skis, tubes,
surfboards, or similar contrivance shall remain seated at all times.
5. All operators of vessels having in tow or otherwise assisting a
person on water skis, tubes, surfboards, or similar contrivance shall
comply with KCC 4.06.060.
6. Regulations stated in this subsection shall not apply to vessels
used in water ski tournaments, competitions, expositions, or trials
therefor, which have been duly authorized by the city.
C. Personal watercraft. In addition to RCW 79A.60.190 adopted in KCC
4.06.020, the following regulations shall apply to personal watercraft:
1. Personal watercraft may be operated on the lake at speeds up
to and including eight (8) miles per hour any day except during hours of
darkness.
2. Personal watercraft may be operated on the lake at speeds in
excess of eight (8) miles per hour only as follows:
a. Between the hours of 12:00 noon and 6:00 p.m.;
b. On even -numbered days of the calendar; and
C. From and including May 16th through and including
September 15th of any year.
SECTION 7, — Amendment. Section 4.06.280 of the Kent City
Code, entitled "Penalties," is amended as follows:
Sec. 4.06.280. Penalties. The following penalties shall apply for
violations of this chapter:
A. Civil 1infraction. Except as provided in subsections (B) and (C)
below, a violation of any of the provisions of this chapter shall constitute
&Ra class 3 civil infraction in accordance with RCW 7.80.120(1)(c), as
currently enacted or hereafter amended.
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Pursuant
to Chapter 7.84 RCW, any violation of the provisions of Chapter 79A.60
RCW adopted herein which constitutes an infraction shall be assessed a
monetary penalty as established in the penalty schedule currently set forth
and as hereinafter amended in Court Rule IRU 6.2 adopted herein by
reference. Each separate day, or portion thereof, during which any
violation occurs shall constitute a separate violation.
B. Misdemeanor. Any violation of any provision established in this
chapter which constitutes a misdemeanor shall be punishable by a fine not
to exceed one thousand dollars ($1,000) or by imprisonment not to exceed
ninety (90) days, or by both such fine and imprisonment. Each separate
day or portion thereof during which such violation occurs shall constitute a
separate violation.
C. Gross misdemeanor. Any violation of any provision established in
this chapter which constitutes a gross misdemeanor shall be punishable by
a fine not to exceed five thousand dollars ($5,000) or by imprisonment not
to exceed one (1) year, or by both such fine and imprisonment. Each
separate day or portion thereof during which such violation occurs shall
constitute a separate violation.
SECTION S. - Severability. If any one or more section,
subsections, or sentences of this ordinance are held to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portion of this ordinance and the same shall remain in full force and effect.
Amend Kent City Code to Establish
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SECTION 9. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage as provided by law.
I
COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CI CLERK ;
APPR S F
mil
r_r.>tlS01
PASSED: S day of , 2008.
APPROVED: 5 day of , 2008.
PUBLISHED: J—? day of , 2008.
I hereby certify that this is a true copy of Ordinance No..381ff6
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
C -6 - (SEAL)
BRENDA JACOBER, CITY CLERK
P NUvII\OMInance\BoatLaunchFee akeMeridian Ooc
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Amend Kent City Code to Establish
Lake Meridian Boat Launch Fees