HomeMy WebLinkAboutCity Council Committees - Parks & Recreation Commission - 08/22/2017 (2)
Unless otherwise noted, the Parks and Recreation Commission meets at 6 p.m. on the fourth Tuesday of
each month in Kent City Hall Campus, Centennial Building - Room 402 conference room
220 4th Ave S, Kent 98032.
For additional information, please contact Teri Petrole at 253-856-5101 or by email at
tpetrole@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-
856-5725 in advance. For TDD relay service, call Washington Telecommunications Relay
Service at 1-800-833-6388.
Parks and Recreation Commission Agenda
Commissioners: Chair, Zandria Michaud - Co-Chair Annie Sieger
Director: Julie Parascondola, CPRP
August 22, 2017
6:00 p.m.
Item Description Action Speaker Time
1. Roll Call / Call to order - Chair Michaud 01
2. Changes to the Agenda - Chair Michaud 01
3. Approve Minutes dated July 25, 2017 YES Chair Michaud 01
4. Greater Kent Historical Society NO Tessa Yeaman,
Executive Director
40
5. Final Bylaws Feedback/Comments NO J. Parascondola 10
6. Park Code Feedback/Comments NO J. Parascondola 10
7. Park Operations Re-Organization| Next Steps NO J. Parascondola 20
8. Par 3 Timeline Case Review | Surplus Policy
Training
NO J. Parascondola 20
9. Announcements NO All 10
10. Adjournment NO Chair Michaud 01
Parks and Recreation Commission July 25, 2017
Minutes Kent, Washington
Approval Pending
Date: July 25, 2017
Time: 6:00 p.m.
Place: Centennial Building Conference Room 402
Attending: Chair Zandria Michaud, Co-chair Annie Sieger, Annette Bailes, Dan Barrett,
Kalika Carver-Cox, Richard Minutoli, Jennifer Ritchie, Jaleen Roberts, Lacey
Seaton, Tye Whitfield, Director Julie Parascondola, Recorder Teri Petrole
Absent: Randy Furukawa, Kendrick Glover, Kari, Hedrick, Wayne Jensen, Erika Overall
1. Call to Order/Roll Call
Commission Chair Zandria Michaud called the meeting to order at 6:00 p.m.
2. Changes to Agenda
Item 5. was moved up to the Item 4. position on the agenda.
The title for Item 4. was revised to read: Bylaws Review and Discussion.
3. Minutes dated June 27, 2017
The minutes dated June 27, 2017 were approved by unanimous vote.
4. City of Kent Fiscal Cliff
Note: The following information regarding the fiscal cliff is from an email sent by CAO Derek
Matheson to city staff on 8/10/2017.
The fiscal cliff refers in part to the combined loss of two of the city’s important revenue
sources. Starting in 2020, Kent will lose about $4.7 million it receives from the state
through an annexations ales tax credit when Panther Lake annexed in 2010.
Kent is also expected to lose about $5 million per year from the state for the streamline
sales tax mitigation (SST) that helped to compensate for revenue lost when legislators
changed from an original-based system for local retail sales tax to a destination-based
system. While the annual $5 million has been crucial, it made up less than half of the $12.7
actually lost each year.
Other potential losses from state cutbacks could start this year, including the $560,000 the
state helps to pay toward the Law Enforcement Officers' and Fire Fighters' Retirement
System and $225,000 to help pay the fire insurance premium tax that helps cover LEOFF
medical costs for firefighters. The city will make their recommendations to offset these
shortfalls based on community need and essential services.
Director Parascondola announced that the Commissioner's ideas and opinions would be
valuable during the budget process. The Commissioners will be updated as budget
discussion continues.
5. Bylaws Review and Discussion
The Commissioners reviewed the latest draft of the Ordinance and Bylaws that include
comments from the Assistant City Attorney and Director Parascondola. Discussion
surrounded sections on terms of office, voting, removal criteria and waiting periods for re-
appointment. The Commissioners were directed to send additional changes to Chair Michaud
by August 15. Director Parascondola will review all of the collective comments and with the
approval by the Assistant City Attorney, final edits will be made. Adoption by the
commission is expected in September.
6. Kent Code Revision
Kent Code is a set of laws enacted and enforced by the city. The Parks and Recreation
section is missing valuable code and needs updating; for example with the addition of
permits and permit assembly and guidelines for skate parks, segways and model airplanes
in parks. Director Parascondola asked the Commissioners to review the code and send her
items to consider, prior to the September meeting.
7. Announcements
The Kent City Council passed the tobacco free policy in June and enforcement begins in late
August. The advertising campaign has begun. Multi-Media is working on informational
materials and sample posters were reviewed by staff, Commissioners and Council. The
communication piece includes a press release that is set for transmission in August.
Director Parascondola will present the Riverbend Sustainable Business Plan to City Council
on September 5, and a shortened version to the commission at the September meeting.
The report includes 907 survey results, a capital update, comparable statistics and program
analytics. Some initial suggestions from the consultant includes redirecting the admission
tax back to the golf course instead of the general fund, expanding the Pro Shop, expanding
and updating the Driving Range, and reducing the size of the restaurant. Director
Parascondola confirmed that all proceeds from the sale of the Par 3 go back to the golf
complex to help pay for debt balance and capital improvements.
The YMCA project is working through the challenges of code review, coordinating multiple
construction projects and frontage improvements. The city and the county are discussing
the potential of using market tax to supplement the project budget. The public process
starts in the fall and in October; Director Parascondola presents a comprehensive report to
Council.
Congratulations to Parks and Recreation Commissioner Jaleen Roberts for winning a silver
in the long jump and bronze in the 100 and 200 meters at the World Paralympics in London this
July!!
A Doodle Poll will determine if the Commissioners prefer to have the regularly scheduled
meeting in August, to replace it with a BBQ or to cancel the meeting. Results will be shared
via email.
Future presentations include the Lower Russell Road/Van Doren's Project and potentially the
Kent Parks Foundation Plan.
Public Comment: Timothy Peterson (TJ) voiced his concern with the new tobacco free
policy and the negative effect it will have on the homeless population who smoke in parks
due to the accessibility.
8. Adjournment
The meeting concluded at 7:27 p.m.
Teri Petrole
1 Amend Chapter 2.60, KCC -
Re: Parks and Recreation Commission
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 2.60
of the Kent City Code regarding the Parks and
Recreation Commission to provide additional
opportunities through which the Parks and
Recreation Commission may assist the City in its
provision of parks and recreation services.
RECITALS
A. The City of Kent Parks and Recreation Commission was
established in July of 2014, through the adoption of Ordinance No. 4117,
to help guide and assist the City as the City works to establish and
prioritize its parks and recreation services.
B. Having served in an advisory capacity for a couple of years,
the Parks and Recreation Commission has discussed with Parks staff other
areas in which it believes it could assist the City, and Parks staff agrees
that there are additional opportunities available where the Parks and
Recreation Commission could provide assistance. Because the Parks and
Recreation Commission obtains only those powers granted to it by Council,
an ordinance is necessary to effectuate any change to the Commission’s
powers or authority.
C. [Julie, anything else you’re trying to do through this
ordinance and the bylaw update?]
2 Amend Chapter 2.60, KCC -
Re: Parks and Recreation Commission
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Chapter 2.60 of the Kent City Code,
entitled “Parks and Recreation Commission,” is amended as follows:
CHAPTER 2.60
PARKS AND RECREATION COMMISSION
Sec. 2.60.010. Parks and recreation commission created. The
city of Kent parks and recreation commission is hereby created. The parks
and recreation commission shall serve in an advisory capacity to the
mayor, city council, city administrator, and city staff.
Sec. 2.60.020. Membership, terms, residence requirements.
A. Number of members. The parks and recreation commission shall
consist of sixteen (16) appointed members, each of whom shall be
appointed by the mayor and confirmed by the city council.
B. Terms of office. The term of office for commissioners shall be for
three (3) years, except for the initial terms as provided below, and
commissioners may only serve up to two (2) consecutive terms. The term
of office of the first six (6) commissioners appointed and confirmed shall
expire December 31, 2015; the term of the second six (6) commissioners
appointed and confirmed shall expire December 31, 2016; the term of
office of the final four (4) commissioners appointed and confirmed shall
expire December 31, 2017. When a vacancy occurs on the parks and
recreation commission, appointment for that position shall be for three (3)
years, or for the remainder of the unexpired term, whichever is the shorter
period of time. {note: still need to address shortened terms, can
Commissioners re-submit for full terms?}
Comment [TLW1]: Do you need/want that many
members? Are you able to fill all of these seats?
This seems like a lot to me, but I have no idea how
much of an interest there is in joining the parks and
recreation commission or why there are so many
positions.
3 Amend Chapter 2.60, KCC -
Re: Parks and Recreation Commission
C. Residence requirements. At least ten (10) persons appointed to
serve on the parks and recreation commission shall reside within the
corporate limits of the city. To the extent practicable, appointment shall
reflect a balance and diversity of users of and interests in Kent’s parks and
recreation services, and shall include not more than two (2) youth
representatives of high school age who live within the city’s municipal
boundaries.
D. Removal. Members of the parks and recreation commission shall be
removed in the following instances:
1. A Commissioner resigns from the Commission;
2. A Commissioner has for an unexcused absence from more
than three (3) consecutive regular meetings;
2. A Commissioner has four (4) unexcused absences in any
twelve (12) month period;
3. A , or may be removed by a majority vote of the entire parks
and recreation commission to remove a Commissioner for neglect of duty,
conflict of interest, malfeasance in office, or other just cause. Just cause
shall include conduct that results in a Commissioner being removed from a
Commission meeting on more than two (2) separate occasions for violation
of the Commission’s code of conduct.
Any The decision to remove a Commissioner of the parks and recreation
commission shall be final, and there shall be no appeal.
Sec. 2.60.030. Organization and meetings.
A. Election of officers. The parks and recreation commission shall elect
from among its members a chair, who shall preside at all meetings, and a
vice chair, who shall preside in the absence of the chair. The chair and vice
chair shall be elected annually. A majority of the parks and recreation
commission members shall constitute a quorum for the transaction of
Comment [TLW2]: This was included in the
original draft of the bylaw revisions that came from
Parks and the Commission. I would suggest that
Parks run the addition of this removal basis by Derek
and the Mayor to make sure that Administration
agrees. This could allow for the majority of the
Commission to vote out a dissenter if they believe
the dissenter, in noting his or her dissent, is violating
the code of conduct. I’m just not sure how
Administration will feel about that possibility.
4 Amend Chapter 2.60, KCC -
Re: Parks and Recreation Commission
business, and a majority vote of those present shall be necessary to carry
any motion.
B. Rules and regulations. The parks and recreation commission
mayshall adopt bylaws, rules, and regulations as necessary for the conduct
of its business.
C. Meeting schedule. The parks and recreation commission shall
provide a regular meeting schedule, including time, place, and frequency
of meetings as necessary, but no less frequent than once a month. The
parks and recreation commission may, from time to time, provide for
special meetings in accordance with Chapter 42.30 RCW. All meetings shall
be open to the public, in accordance with Chapter 42.30 RCW, the Open
Public Meetings Act.
D. Staffing. The Mayor will appoint appropriate staff to assist the parks
and recreation commission in the preparation of any reports and records
as are necessary for the proper operation of the commission. Staff
provided to the parks and recreation commission shall be advisory.
E. Documentation. The parks and recreation commission shall adopt
procedures to ensure minutes of the meeting are recorded and a monthly
summary of minutes of meetings is recorded along with all decisions.
Sec. 2.60.040. Duties and responsibilities. The parks and
recreation commission is advisory in nature and shall make reports and
recommendations be an advisory board to the mayor, city council, and
city staff concerning parks and recreation issues, includingresponsible for
providing guidance concerning the following matters:
A. Ways to advocate public support, involvement, and funding of Kent
parks, facilities, and programs;
Comment [TLW3]: I took this out as leaving it in
could allow abstentions to kill any vote, which I
explained in more detail in the draft bylaws.
Comment [TLW4]:
Julie, one thing that’s important to know—because
the Parks Commission is merely advisory (i.e. it has
no independent authority to do or implement
anything) the law does not require that all of its
meetings are necessarily subject to the OPMA.
Instead, there are only some instances when the
Commission’s meetings must actually be open to the
public and comply with the OPMA [i.e., (1) when
the Commission “acts on behalf of" the council,
which is when it exercises actual or de facto
decision-making authority, (2) when it conducts
hearings, or (3) takes testimony or public comment].
Although not legally required, there is no problem
with having the Commission’s meetings open to the
public and complying with all requirements of the
OPMA. For that reason, I’ve left this existing
provision in this draft ordinance amendment; but I
did want to make you aware that it’s not required in
the event there was any interest in change.
5 Amend Chapter 2.60, KCC -
Re: Parks and Recreation Commission
B. Opportunities to engage public involvement in decisions affecting
Kent parks, facilities, and programs;
C. Budget recommendations for the acquisition, development, and
operation of parks, facilities, and programs;
D. Policy recommendations;
E. Comprehensive parks and trails planning;.
FB. Priorities for the acquisition of land and/or facilities;.
GC. Development, design, and operation of parks, facilities, and
recreation programsming and facilities;.
HD. Capital improvements planning;.
IE. Rules, Rregulations, and or other restrictions applicable to parks,
facilities, and programs;governing the hours of park and facilities
use.
JF. Concessions at park facilities;.
KG. Contracts, interlocal agreements, and lease agreements regarding
parks and recreation activities.
H. Proposed annual budget for the acquisition, development, and
operation of parks and recreation facilities and programs.
LI. Other All matters that the mayor, city council, or parks director may
be referred to the parks and recreation commission by the mayor or
city council for its consideration and recommendation.
Parks and recreation commission members are encouraged to play an
active role in engaging the Kent community to support key park and
recreation projects through public outreach efforts.
SECTION 2. – Severability. If any one or more section, subsection,
or sentence of this ordinance is 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.
6 Amend Chapter 2.60, KCC -
Re: Parks and Recreation Commission
SECTION 3. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 4. – Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 2017.
APPROVED: day of , 2017.
PUBLISHED: day of , 2017.
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.
7 Amend Chapter 2.60, KCC -
Re: Parks and Recreation Commission
(SEAL)
KIMBERLEY A. KOMOTO, CITY CLERK
P:\Civil\Ordinance\2.60-Parks and Recreation Commission.docx
BYLAWS OF THE CITY OF KENT
PARKS AND RECREATION COMMISSION
Page 1 of 9 (Draft: 06/30/17)
BYLAWS OF THE
CITY OF KENT PARKS AND RECREATION COMMISSION
ARTICLE I
Organization
Section 1.1. Organizational Name. The name of the Commission is the City of
Kent Parks and Recreation Commission (“Commission”). As provided for in section 2.60.020
of the Kent City Code (“KCC”), the Commission consists of sixteen (16) members, who are
appointed by the Mayor and confirmed by the City Council (“Commissioners”).
Section 1.2. Commission’s Duties and Responsibilities. The Commission shall
have those duties and responsibilities as provided for in KCC 2.60.040, as currently enacted
or later amended. As of the date these bylaws are enacted, KCC 2.60.040 provides:
Sec. 2.60.040. Duties and responsibilities. The parks and recreation
commission is advisory in nature and shall make reports and
recommendations to the mayor, city council, and city staff
concerning parks and recreation issues, including:
A. Ways to advocate public support, involvement, and funding
of Kent parks, facilities, and programs;
B. Opportunities to engage public involvement in decisions
affecting Kent parks, facilities, and programs;
C. Budget recommendations for the acquisition, development,
and operation of parks, facilities, and programs;
D. Policy recommendations;
E. Comprehensive parks and trails planning;
F. Priorities for the acquisition of land and/or facilities;
G. Development, design, and operation of parks, facilities, and
programs;
H. Capital improvements planning;
I. Rules, regulations, or other restrictions applicable to parks,
facilities, and programs;
J. Concessions at park facilities;
K. Contracts, interlocal agreements, and lease agreements
regarding parks and recreation activities.
L. Other matters that the mayor, city council, or parks director
may refer to the parks and recreation commission for its
consideration and recommendation.
Comment [TLW1]: If the draft ordinance
changes, this section will need to be similarly
changed so they are consistent.
BYLAWS OF THE CITY OF KENT
PARKS AND RECREATION COMMISSION
Page 2 of 9 (Draft: 06/30/17)
Parks and recreation commission members are encouraged to play
an active role in engaging the Kent community to support key park
and recreation projects through public outreach efforts.
Section 1.3. Term of Commissioners. Each Commissioner shall serve a three (3)
year term, except for the initial Commissioners who were appointed to inaugural terms as
provided for by KCC 2.60.020(B). Each Commissioner is limited to two (2) consecutive
terms. Commissioners seeking reappointment to a second term shall signify their intent in
writing to the Secretary three (3) months prior to their current term’s expiration.
ARTICLE II
Meetings
Section 2.1. Place of Meetings. All meetings of the Commission shall be held in
the __________________ at _________________, located at ______________________,
in the City of Kent, Washington, unless otherwise designated by a majority of the
Commission or the Chair and set forth in the notice of the meeting.
Section 2.2. Meetings.
2.2.1 Regular Meetings. The Commission shall regularly meet, at least once
per month, on the fourth Tuesday of each month, at 6:00 p.m., in the meeting
location designated in accordance with Section 2.1. All meetings of the Commission
shall be conducted in accordance with the Open Public Meetings Act, Ch. 42.30 RCW.
Subject to appropriate notice, the Chair, by written or verbal order, may establish or
amend the date or time for regular meetings of the Commission.
2.2.2 Special Meetings. Special meetings of the Commission may be called
at any time by the Chair or a majority of the Commission, subject to the notice and
special meeting requirements of Ch. 42.30 RCW.
2.2.3 Annual Meeting for Election of Officers. The Commission’s officers
shall be elected annually from amongst its members at its monthly meeting in
March. The election shall be conducted as provided for in Section 3.2.
Section 2.3. Notice of Meetings. Notice of the Commission’s meetings shall be
given by the Secretary as required by the Open Public Meetings Act, Ch. 42.30 RCW.
Section 2.4. Agendas. The Commission’s agenda shall be set by the Chair, in
coordination with the Vice-Chair and Secretary. A copy of the agenda for all Commission
meetings shall be sent by the Secretary to each Commissioner at least five (5) days prior to
the date of the next meeting, accompanied with any necessary staff reports.
Unless altered by the Chair, or by a majority of the Commissioners present at any
Commission meeting, the order of business of all meetings of the Commission shall be as
follows:
1. Call to order;
2. Roll call;
3. Changes to the agenda;
4. Adoption of minutes from prior meeting(s);
5. Business;
Comment [TLW2]: As I mentioned in the draft
ordinance, because the Parks Commission is
merely advisory (i.e. it has no independent
authority to do or implement anything), the law
does not require that all of its meetings are
necessarily subject to the OPMA.
Instead, there are only some instances when
the Commission’s meetings must actually be
open to the public and comply with the OPMA
[i.e., (1) when the Commission “acts on behalf
of" the council, which is when it exercises actual
or de facto decision-making authority, (2) when
it conducts hearings, or (3) takes testimony or
public comment].
Although not legally required, there is no
problem with having the Commission’s
meetings open to the public and complying with
all requirements of the OPMA. For that reason,
I’ve left this provision in since it's in the draft
ordinance, but I did want to make you aware
that it’s not necessarily required in every
instance.
BYLAWS OF THE CITY OF KENT
PARKS AND RECREATION COMMISSION
Page 3 of 9 (Draft: 06/30/17)
6. Informational Items; and
6. Adjournment.
A Commissioner may ask that an item be considered by the Commission, even if it is
not identified on a formal agenda, by raising the issue during the changes to the agenda.
The item shall then be considered, with the approval of the Commission.
Section 2.5. Quorum. The number of Commissioners required to be present at
any meeting to transact the Commission’s business is nine (9), or if the number of
Commissioners serving on the Commission is less than nine (9), then a majority of the then
current membership shall constitute a quorum for the purpose of transacting the
Commission’s business.
In the event a Commissioner will not be physically present at a meeting of the
Commission, the Chair may permit the attendance of the Commissioner by way of telephone
or video, and the Commissioner shall be considered in attendance for the purpose of
determining a quorum; provided, the Commissioner shall not be permitted to attend a
public hearing by telephone or video. The Commissioner attending by telephone or video
must be able to hear the deliberations and discussions of the Commission, as well as any
public comments; must have available at the time of the telephone or video attendance the
materials which are part of and constitute the meeting agenda packet; and must be
permitted to provide input and vote on matters as if he or she was in attendance.
If there is no quorum at the opening of a meeting, such meeting may be adjourned,
recessed, or measures taken to obtain a quorum, by a vote of a majority of the members
voting on the motion.
Section 2.6. Presiding Officer. The Chair shall be the presiding officer for all
meetings of the Commission. If the Chair is not present, the Vice-Chair shall be the
presiding officer. In the absence of both the Chair and Vice-Chair, the Chair Pro Tempore
shall be the presiding officer. The presiding officer shall retain all powers and rights
inherent to a Commissioner, including without limitation, voting powers.
Section 2.7. Commissioner Conduct. While the Commission is in session, all its
members must preserve order, decency, and decorum at all times and no Commissioner
shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the
meeting, nor disturb any Commissioner while speaking, or refuse to obey the order of the
Chair. The Commissioners may reprimand any other Commissioner for disorderly conduct
and, upon written charges entered upon by motion, may expel a member from the
Commission meeting by a vote of a majority plus one of the membership of the Commission
in attendance at that meeting. In addition, the following shall control Commissioner’s
conduct during any meeting of the Commission or any of its subcommittees:
2.7.1 The Chair will call the meeting to order and manage the meeting
agenda and time to allow for appropriate discussion and action, where appropriate.
2.7.2 Commissioners are to keep the meeting organized by speaking only
when recognized by the Chair and granted the floor. To seek recognition,
Commissioners are to raise their hands and wait to be addressed by the Chair.
2.7.3 Commissioners are to refrain from interrupting another person who
has the floor or from having any sidebar conversation.
Comment [TLW3]: I’m not sure how the
agenda is currently organized, so this is just a
suggestion based on what occurs at Council
and Council Committee meetings.
Comment [TLW4]: Any interest or desire in a
provision like this? I think this could be
problematic and a bit difficult to manage.
However, I'm not sure how challenging it is for
the Parks Commission to convene a quorum. I
know the Arts Commission struggles from time
to time, and I'm not sure that it has a provision
that allows for participation over the phone, but
it could prove helpful if gathering a quorum is
otherwise difficult to achieve.
Comment [TLW5]: i.e., contacting
Commissioners and waiting for enough to arrive
for a quorum.
Comment [TLW6]: I followed the same
process that Council utilizes
BYLAWS OF THE CITY OF KENT
PARKS AND RECREATION COMMISSION
Page 4 of 9 (Draft: 06/30/17)
2.7.4 Commissioners are to treat others with respect, courtesy, and in a fair
and unbiased manner. Commissioners shall refrain from any conduct or speech that
is abusive, bullying, discriminatory, or derogatory.
2.7.5 Commissioners should be open and honest about their actions and
decisions, and be respectful of others whose opinions may differ.
Repeated violations may result in the Commissioner’s removal from the Commission
in accordance with Section 3.3 and KCC 2.60.020(D).
Section 2.8. Public Comment. While the public may attend Commission
meetings, the meetings are those of the Commission itself and the public has no general
right to address the Commission. Commission meetings are not an open public forum, and
they are subject to restrictions imposed by the Chair, these bylaws, and the law.
The Chair has the discretion to authorize the public to address the Commission, if the
Chair so desires. If permission is granted, and prior to addressing the Commission, each
speaker shall sign in and state his or her name and address for the record. Remarks will be
limited to the time allocated by the Chair for each speaker, usually three (3) minutes per
speaker. All remarks shall be pertinent to matters considered by the Commission, and
speakers shall address the Chair and the Commission as a whole and not any member
individually.
Section 2.9. Public Demeanor. No one shall use any impertinent, degrading, or
slanderous language directed to the Chair, Commissioners, Mayor, staff, or other member of
the public, and no one shall otherwise engage in disruptive behavior. Disruptive behavior
includes, for example, addressing matters restricted from public comment, repeated
shouting and angry outbursts, cursing, direct or implied threats of violence, etc. After
receiving verbal notice from the presiding officer, the presiding officer may direct that a
speaker return to his or her seat or may remove any person for disruptive behavior at
Commission meetings.
Section 2.10. Voting. Discussion by the Commission shall relate to the subject
matter at hand and shall be relevant and pertinent. When action of the Commission is
required, the Chair will request a motion for a vote. Each Commissioner shall be entitled to
one vote, including the Chair or other presiding officer. Motions shall be made, seconded,
and voted upon. The Chair is authorized to establish all reasonable and necessary
procedures to permit the casting of votes by Commissioners. Every Commissioner, unless
disqualified by reason of a conflict of interest or as otherwise provided by law or excluded
by the Commission, shall cast his or her vote upon any matter put to vote by the
Commission.
Unless otherwise directed by the Chair, all votes shall be by voice or a show of
hands. No votes shall be made by proxy. Action by the Commission requires the
affirmative vote of a majority, except where otherwise required by these bylaws or law.
Action of the Commission may be shared with the City Council, the Mayor, the Director of
Parks, Recreation, and Community Services, or the Mayor’s Leadership Team.
Any Commissioner who abstains from voting shall be deemed to have not voted on
that item. At the request of the Chair or of any Commissioner, any question shall be noted
Comment [TLW7]: This language is important
in the event of any Commissioners who may
abstain from voting. If this said a “majority vote
of those present” or “a majority vote of the entire
membership”, abstentions could affect the result
of any vote as they could cause the inability to
obtain a “majority vote of those present” as the
abstentions would have to be taken into account
in the numbers count.
Referring only to a “vote of a majority” means
the majority vote will carry, period. Therefore if
you have a mere quorum of 9 commissioners
and 3 vote in favor, 2 vote against, and 4
abstain, the 3 votes in favor would carry
because the abstentions do not count as a
“vote”.
BYLAWS OF THE CITY OF KENT
PARKS AND RECREATION COMMISSION
Page 5 of 9 (Draft: 06/30/17)
upon by a roll call and the individual voting results shall be recorded by the Secretary in the
minutes.
Section 2.11. Conflict of Interest. A conflict of interest arises when a
Commissioner has a direct personal or pecuniary interest in the Commission’s action on a
matter, which interest is not common to other members of the Commission. If a
Commissioner determines he or he has a conflict of interest, that Commissioner may state
the nature of the conflict and abstain from the discussion and vote on the matter. A conflict
of interest, however, shall not preclude a Commissioner from remaining present during the
discussion.
Section 2.12. Abstention. An abstention is a decision by a Commissioner not to
vote on a particular matter and it shall not affect the quorum of the Commission or count as
any vote in favor of, or in opposition to, any matter. An abstention is not a vote and is not
counted as a vote.
ARTICLE III
Officers
Section 3.1. Officers of the Commission. The officers of the Commission are a
Chair, a Vice-Chair, and a Secretary, who shall have the powers and duties as set forth in
these bylaws and as may be delegated to such officer by the Commissioners. The
Commission shall elect, from amongst its members, a Chair and Vice-Chair. The youth
Commissioners are not eligible for officer roles. The Secretary of the Commission shall be
the staff member assigned by the Mayor to assist the Commission. Each officer shall hold
office for a one year term, or until the expiration of the officer’s term as a Commissioner,
which ever time period is shorter. No officer may serve in any office position for more than
two consecutive one year terms.
Section 3.2. Nomination and Election of Officers.
3.2.1 All calls for officer nominations to the positions of Chair and Vice-
Chair, including self-nominations, must be made orally at the annual meeting
provided for under Section 2.2.3.
3.2.2 With the exception of the youth Commissioners, any Commissioner
who has served one-year on the Commission is eligible for nomination.
3.2.3 A nomination is valid only if the nominated Commissioner affirmatively
declares at the annual meeting that he or she is willing to assume office, if elected.
3.2.4 Prior to the election, any nominated Commissioner may make a
statement to the Commission concerning the Commissioner’s qualifications for office.
Such statement shall be limited to no more than five (5) minutes in length, and the
presentation order of each Commissioner’s statement shall be determined by the
presiding officer.
3.2.5 Votes for office shall be cast by ballot, with each officer position being
determined by a majority vote. The Secretary shall tally the ballots. Any blank
ballot or a ballot identifying a person other than a nominated Commissioner will be
treated as an abstention.
Comment [TLW8]: Any desire to limit the
number of consecutive terms a Commissioner
may serve in a particular officer position?
BYLAWS OF THE CITY OF KENT
PARKS AND RECREATION COMMISSION
Page 6 of 9 (Draft: 06/30/17)
3.2.6 In the event no candidate receives a majority vote, another vote shall
be taken with only the two candidates who received the highest number of votes
eligible for election. If a tie results, the vote will be retaken. If a tie persists after
____ votes, the Secretary shall resolve the tie by a coin toss.
Section 3.3. Removal and Resignation.
3.3.1 Removal from Office. The Chair or Vice Chair may be removed from
an officer position, with or without cause, by a majority vote of the Commission.
Either the Chair or Vice Chair may resign at any time by communicating such
officer’s resignation to the Commission. A resignation is effective when it is
communicated, unless it specifies in writing a later effective date. If a resignation is
made effective at a later date and the Commission accepts the future effective date,
the Commission may fill the pending vacancy before the effective date if the
Commission provides that the successor does not take office until the effective date.
3.3.2 Removal from Commission. In accordance with KCC 2.60.020(D), a
Commissioner may be removed from the Commission in any of the following
instances:
3.3.2.1 A Commissioner resigns from the Commission;
3.3.2.2 A Commissioner has an unexcused absence for more than
three (3) consecutive regular meetings;
3.3.2.3 A Commissioner has four (4) unexcused absences in any
12-month period.
3.3.2.4 A majority vote of the entire Commission to remove a
Commissioner for neglect of duty, conflict of interest,
malfeasance in office, or other just cause.
3.3.2.5 A Commissioner has been removed from a Commission
meeting on more than two (2) separate occasions for
conduct that violates Section 2.7 and a majority vote of the
entire Commission has elected to remove the
Commissioner.
The Commission’s removal decision shall be final and no appeal may be
taken.
Section 3.4. Vacancy. Should a vacancy occur in either the Chair or Vice-Chair
position, the vacancy shall be filled by a majority vote of the remaining Commissioners,
even if less than a quorum remains, or by the sole remaining Commissioner. An officer
elected to fill a vacancy shall serve the unexpired term of the former officer and until the
next annual officer election.
Section 3.5. Officer Powers and Duties. The duties of each officer are as
follows:
3.5.1 Chair. The Chair shall perform the following duties:
Comment [TLW9]: How many re-votes before
you just flip a coin?
BYLAWS OF THE CITY OF KENT
PARKS AND RECREATION COMMISSION
Page 7 of 9 (Draft: 06/30/17)
3.5.1.1 Set the Commission’s agenda, in coordination with the Vice-
Chair and Secretary;
3.5.1.2 Preside over all meetings of the Commission, preserve order
and decorum, decide all questions of order and conduct the
meeting’s proceedings using the rules contained in Robert’s
Rules of Order where applicable, with the Chair having the
ultimate decision of how the meeting will be conducted;
3.5.1.3 Call special meetings and cancel regular meetings for cause,
including lack of a quorum;
3.5.1.4 Act as the Commission’s liaison with the Council, the Mayor,
and the Department of Parks, Recreation, and Community
Services on policy issues;
3.5.1.5 Nominate or appoint Commissioners to any subcommittees
the Commission may form;
3.5.1.6 Serve as a Commission focal point for Council, Mayor, and
staff and as principal spokesperson for the Commission;
3.5.1.7 Oversee the distribution of the Commission’s agenda and
materials during the monthly Commission meetings;
3.5.1.8 Make any necessary public appearances on behalf of the
Commission at meetings of the City Council, Mayor, and any
other bodies requiring representation of the Commission;
and
3.5.1.9 Facilitate the annual officer election process.
3.5.2 Vice-Chair. The Vice-Chair shall perform the following duties:
3.5.2.1 Act as Chair and assume the authority to perform the Chair’s
duties whenever there is a vacancy in the office of the Chair,
the Chair is absent from the Commission, or the Chair is
unable for any reason to discharge the Chair’s duties.
3.5.2.2 Assist the Chair as requested;
3.5.2.3 Attend, participate, and assist the Chair in monthly agenda
planning sessions;
3.5.2.4 Assume the office of Chair and serve the remainder of any
unexpired term if the Chair vacates office prior to completing
his or her term, and in that event, facilitate the election
process at the Commission’s next regular meeting of a new
Vice Chair to similarly assume office for the remainder of any
unexpired term.
BYLAWS OF THE CITY OF KENT
PARKS AND RECREATION COMMISSION
Page 8 of 9 (Draft: 06/30/17)
3.5.3 Chair Pro Tempore. The Chair may appoint a Chair Pro Tempore when
both the Chair and Vice-Chair are absent. While the Chair and Vice-Chair are absent,
the Chair Pro Tempore shall have the same authority and duties as the Chair. If the
Chair Pro Tempore has not been appointed or is otherwise absent or unavailable, the
longest serving Commissioner, either by consecutive or non-consecutive terms, shall
be deemed the acting Chair Pro Tempore. If two or more Commissioners qualify to
be acting Chair Pro Tempore, then the Secretary shall select, by lottery and in the
presence of two witnesses, one name from the names of the group of eligible
Commissioners, and the Commissioner whose name is selected to serve as the
acting Chair Pro Tempore.
3.5.4 Secretary. The Secretary of the Commission will be the staff member
appointed by the Mayor or the Director of Parks, Recreation, and Community
Services to assist the Commission. The Secretary is not a Commissioner and shall
have no voting rights. The Secretary shall perform the following duties:
3.5.4.1 Attend all Commission meetings and keep the Commission’s
minutes, including those of any meetings of any
subcommittees the Commission may form, which minutes
will be reviewed and adopted by the Commission at a
subsequent meeting;
3.5.4.2 Reproduce, distribute, and file with the City Clerk’s Office for
the city of Kent a copy of all minutes of Commission
meetings;
3.5.4.3 See that all notices of Commission meetings are given as
required by the Open Public Meetings Act, Ch. 42.30 RCW,
and these bylaws;
3.5.4.4 Serve as custodian of the Commission’s records and
responsible for retaining those records as required by state
retention schedules and producing those records as required
under the state Public Records Act, Ch. 42.56 RCW;
3.5.4.5 Maintain a list of the names, addresses, and contact
information for each Commissioner;
3.5.4.6 Perform all duties incident to the office of Secretary and such
other duties as from time to time may be assigned to him or
her by the Chair or Vice-Chair.
ARTICLE IV
General Provisions
4.1 Amendment of Bylaws. These bylaws may be amended or repealed and
new bylaws may be adopted only by the affirmative vote of a majority, plus one, of the
Commissioners. Such action shall be taken at any regular or special meeting of the
Commission.
Comment [TLW10]: For this position, I
followed the procedure that applies for the
Council when the council president is absent.
Comment [TLW11]: Just a suggestion here...
The initial draft bylaws did not discuss who
creates and keeps minutes, etc. By having the
staff liaison do so, there is a better chance that
proper public records will be retained.
BYLAWS OF THE CITY OF KENT
PARKS AND RECREATION COMMISSION
Page 9 of 9 (Draft: 06/30/17)
The undersigned Secretary of the City of Kent Parks and Recreation Commission certifies by
signing below that the foregoing bylaws have been duly adopted by the members of the
Commission on the date noted below.
CITY OF KENT PARKS AND RECREATION
COMMISSION
Adopted this _____ day of ________, 2017
___________________________________
Secretary
(Print Name__________________________)
P:\Civil\Files\Open Files\1855-Parks Commission\Kent PR Commission Bylaws-TLW_062717.docx
2018 Budget &
Financial Sustainability
Council Workshop July 5, 2017
Kathleen Etheredge, Senior Financial Analyst
Michelle Ferguson, Senior Financial Analyst
Shane Sorenson, Senior Financial Analyst
Barbara Lopez, Deputy Finance Director
Council Workshop 7/5/2017
2
2018 Mid-Biennium Review
•Guidance to Staff
2018 budget has already been adopted by Council an d includes expansion
in several areas
Finance will update the baseline budget for action s taken after the budget
was adopted, including impacts from collective bargaining agreements
and state minimum wage increases
It will be a hold-the-line budget
•Additional requests will be stringently evaluated against the
following criteria:
Was not foreseeable during the 2017-2018 budget pr ocess and cannot
wait until the 2019-2020 budget
Fulfills a mission critical need that cannot be ac complished in other ways
Comes with new and sustainable revenues and/or an expense reduction
in other areas
Council Workshop 7/5/2017
3
2018 Mid-Biennium Review
•2018 Adopted Budget includes:
4 Police Officers and 1 Communications Director
~$620k for positions
•2018 New GF Budget Requests
3.4 FTEs
~$405k for positions
$35k for other expenses
Council Workshop 7/5/2017
4
General Fund 2018 Budget Adjustments
Council Workshop 7/5/2017
5
2018 Adopted (Gap) / Surplus 4,040
Estimated Baseline Adjustments (2,314,180)
Adjusted Baseline (Gap) / Surplus (2,310,140)
Potential Impact
2018 Budget Requests (440,000)
Potential Adjusted (Gap) / Surplus (2,750,140)
2018 Budget Calendar
Council Workshop 7/5/2017
6
September 26th Council Meeting Mayor’s Budget Message
Council Workshop Overview of Proposed Adjustments
October 17
th Council Workshop All funds baseline and significant changes
November 14th Council Workshop Hold/Council Request
November 21
st Council Workshop Final Decisions
December 5th Operations Committee Budget Review and Recommendation(s)
December 12th Council Meeting Adoption of the 2018 Property Tax Levy
Adoption of the 2018 Budget Adjustment
Annexation Impact
Annexation Reporting Ends June 2020
Annexation Sales Tax Credit ($4.5m)
Increased Street Fund Subsidy ($710k)
Shift of Eligible Costs to CJ Fund $505k
Total Estimate ($4.7m)
Council Workshop 7/5/2017
7
General Fund 6-Year Forecast
w/ 2018 Baseline Adjustments & Annexation Impacts
Council Workshop 7/5/2017
8
Includes:
One-time use of $2.31m banked property tax
capacity in 2018
2018 budget adjustments $2.3m
Loss of annexation sales tax credit in 2020
Does not include:
2019 potential loss of SST mitigation $5m
An allowance for new positions
Any additional funding sources
*2018 Beginning Fund Balance based on May 2017 Monthly Financial Report
Estimated 2018 Property Tax Impact
Estimated Assessed Valuation in thousands 17,152,474
Estimated Levy Rates
Without Using Banked Capacity 1.36739
Using $2.3m Banked Capacity 1.50206
Estimated Cost on Home Valued at $300,000
Without Using Banked Capacity $ 468
Using $2.3m Banked Capacity $ 514
Estimated Impact $ 46
Adopted Adjusted Six-Year Forecast
(amounts in thousands)2017 2018 2018 2019 2020 2021 2022 2023 2024
Beginning Fund Balance 19,705 17,708 19,255 19,256 18,034 13,351 5,601 (3,443) (13,833)
Revenues 92,396 94,566 96,876 99,578 97,789 96,037 97,121 98,156 99,207
Expenditures 94,393 94,562 96,876 100,800 102,472 103,788 106,165 108,546 111,072
Change in Fund Balance (1,997) 4 0 (1,222) (4,682) (7,750) (9,044) (10,390) (11,865)
Ending Fund Balance 17,708 17,712 19,256 18,034 13,351 5,601 (3,443) (13,833) (25,698)
General Fund 6-Year Forecast
w/ 2018 Baseline Adjustments, Annexation Impacts
and 4 new FTEs each year
Council Workshop 7/5/2017
9
Includes:
An allowance for 3 new Police positions and 1 other GF position each year beginning in 2019
Average cost per position $115k
Total cost of $460k annually
Does not include:
Any additional funding sources
*2018 Beginning Fund Balance based on May 2017 Monthly Financial Report
Adopted Adjusted Six-Year Forecast
(amounts in thousands)2017 2018 2018 2019 2020 2021 2022 2023 2024
Beginning Fund Balance 19,705 17,708 19,255 19,256 17,574 11,958 2,785 (8,183) (21,015)
Revenues 92,396 94,566 96,876 99,578 97,789 96,037 97,121 98,156 99,207
Expenditures 94,393 94,562 96,876 101,260 103,405 105,210 108,090 110,988 114,048
Change in Fund Balance (1,997) 4 0 (1,682) (5,616) (9,172) (10,969) (12,832) (14,840)
Ending Fund Balance 17,708 17,712 19,256 17,574 11,958 2,785 (8,183) (21,015) (35,856)
General Fund 6-Year Forecast
w/ 2018 Baseline Adjustments, Annexation Impacts,
4 new FTEs each year and revenue sources
Council Workshop 7/5/2017
10
Includes:
An allowance for 3 new Police positions and 1 other GF position each year beginning in 2019
Average cost per position $115k, total cost of $460k annually
Sales Tax shift from Capital Resources Fund beginning in 2019
Reduced Street Fund Subsidy from General Fund to $1.0m per year beginning in 2019
Continuance of 2% internal utility tax in 2021 $1 .5m reallocated to general operations
Use of banked property tax capacity
$2.31m in 2018, $1.7m in 2020, $1.99m in 2021
Additional $500k in revenues for marijuana and card rooms beginning in 2019
Assumes SST mitigation remains intact
*2018 Beginning Fund Balance based on May 2017 Monthly Financial Report
Adopted Adjusted Six-Year Forecast
(amounts in thousands)2017 2018 2018 2019 2020 2021 2022 2023 2024
Beginning Fund Balance 19,705 17,708 19,255 19,256 21,374 21,353 21,127 19,238 15,628
Revenues 92,396 94,566 96,876 102,128 102,134 103,984 105,200 106,378 107,572
Expenditures 94,393 94,562 96,876 100,010 102,155 104,210 107,090 109,988 113,048
Change in Fund Balance (1,997) 4 0 2,118 (21) (225) (1,889) (3,610) (5,476)
Ending Fund Balance 17,708 17,712 19,256 21,374 21,353 21,127 19,238 15,628 10,152
Other Considerations
Council Workshop 7/5/2017
11
•Outstanding Budget Challenges:
Sustainable and balanced budget / level of service
Parks capital
Police staffing (included in forecast slides #9 and #10)
City campus space planning
•Must Do:
Resolve $2.3m baseline gap for 2018
•Should Do:
Address annual, ongoing structural imbalance
Begin to address $4.7m annexation sales tax credit impact in 2018
mid-biennium budget process
Begin planning for potential SST mitigation loss i n 2019
Next Steps
Council Workshop 7/5/2017
12
•Mayor will propose a balanced 2018 mid-biennium
budget adjustment
•Council process will begin late September 2017
•Policy direction on sustainability strategies
Continued conversations
Timeline / Milestones
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Title 4
RECREATION AND THE ARTS Revised 7/17
Chapters:
4.01 Parks and Recreation Revised 7/17
4.02 Arts Gommission
4.03 Library Board
4.04 Art Program
4.05 Outdoor Musical Entertainment and Rock Festivals
4.06 Recreational Vessel Regulations
Chapter 4.01
PARKS AND RECREATION* Revised 7/17
Definitions. Revised 7/17
Prohibited activities - Generally.
Sex discrimination in community athletics programs - Prohibited
Same - Damaging property.
Same - Animals.
Same - Discharging weapons, fireworks.
Same - Soliciting.
Same - Circuses, etc.
Reserved.
Prohibited activities - Speed limits, vehicles, and horses.
Same - Camping.
Same - Littering.
Same * Competitions.
Same - Fires.
Same - Alcoholic beverages.
Smoking, vaping, ortobacco use in parks prohibited. Revised 7/17
Same - Golf.
Use of facilities.
Hours.
Permitted and scheduled activities - Rules.
Repealed.
Sales of refreshments.
Reserved.
Traffic regulations.
Penalties. Revised 7/17
Sections:
4.01.005
4 01 010
4.01.015
4.01.020
4.0r,030
4.01.040
4.01.050
4.01.060
4.01.070
4.01.080
4.01.090
4.01.100
4.01.110
4.01j20
4.01.130
4.01.135
4.01.140
4.01.150
4.01.160
4.01.170
4.01 .180
4.01 .'1 90
4.01.200
4 01 210
4.01.220
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*Cross reference(s) - Parks and community services department, ch. 2.26 subdivision requirements for parks and
open space, ch.12.04.
4.01.005 Definitions. Revised 7/17
Park property or park facility shall mean and include all city-owned or controlled parks, public
squares, public gardens, playgrounds, athletic complexes, community centers, museums, trails,
and all drives, parkways, bodiesof water, docks, piers, mooragefloats, beaches, and park¡ng
lots or garages contained therein. Park property or parkfacility shall also include all other parks
and recreational areas, developed or undeveloped, owned by the city of Kent or under the
management and control of the city of Kent for park purposes.
(Ord. No.4246, S 1,6-6-17)
4.01.010 Prohibited activities - Generally
No person shall use, place, or erect any signboard, billboard, bulletin board, post, pole, or
device of any kind for advertising on any park properties. No person shall attach any notice, bill,
poster, sign, wire, rod, or cord to any tree, shrub, railing, post, or structure within any park
properties. No person shall without the written permission of the director of the parks and
recreation department place or erect on any park property a structure of any kind.
(Ord. No.2567, S 3;Ord. No.2794, S 1(2.30.201),8-16-88. Formerly Code 1986, S 2.30.201)
4.01.015 Sex discrimination in community athletics programs - Prohibited
A. ln accordance with RCW 354.21.350, 49.60.500, and 49.60.505, as now enacted or later
amended, it is the policy of the city of Kent that no community athletics program for youths or
adults, either operated, conducted, or admin¡stered by the city or a third party who uses city
facilities, may discriminate against any person on the basis of sex.
B. A community athletics program shall have the meaning ascribed to it by RCW 49.60.500, as
now enacted or later amended.
C. Any questions regarding this policy shall be directed to the city's recreational and cultural
superintendent, 220 Fourth Avenue South, Kent, WA 98032, (253) 856-5100.
(Ord. No. 3943, S 1,2-2-10)
4.01.020 Same - Damaging property
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,
sprinkling system, or other property lawfully on any park property.
(Ord. No.2567, S 3;Ord. No.2794, S 1(2.30.202),8-16-88. Formerly Code 1986, S 2.30.202)
Cross reference(s) - Rewards for information leading to arrest of persons damaging public property, ch. 9.03
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4.01.030 Same - Animals.
A. 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.
B. No person shall, in any manner, tease, annoy, disturb, molest, catch, injure, kill, or throw any
stone or missile of any kind at or strike with any stick or weapon any animal, bird, or fowl. No
person shall fish on the park properties except at areas designated by the parks and recreation
department. No person shall feed any fowl in the park except in designated areas.
(Ord. No.2567, S 3,Ord. No.2794, S 1(2.30.203,2.30.205), 8-16-88. Formerly Code 1986, SS 2.30.203, 2.30.205)
Cross reference(s) - Animal control, ch. 8.03.
4.01.040 Same - Discharging weapons, fireworks.
No person shall shoot, fire, or explode any fireworks, firecrackers, torpedo, or explosive of any
kind, or carry any weapon, excluding firearms, or shoot, discharge, or fire any firearm, air gun,
bow and arrow, BB guns, or use any slingshot or any other weapon on any park properties
except a law enforcement officer in the line of duty.
(Ord. No.2567, S 3;Ord. No.2794, S 1(2.30.204),8-16-88;Ord. No.3318, S 1, 10-15-96. Formerly Code 1986,
s 2.30.204)
Cross reference(s) - Displaying or exhibiting weapons, $ 9.02.060; fireworks, ch. 'l 3.05.
4.01.050 Same - Soliciting.
No person shall take up collections or act as or play the vocation of solicitor, agency, peddler,
fakir, mendicant, beggar, strolling musician, organ grinder, exhorter, barker, showman, or
bootblack; 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 the parks and recreation
department except for public address systems at sporting events.
(Ord. No.2567, S 3;Ord. No.2794, S 1(2.30.206),8-16-88. Formerly Code 1986, S 2.30.206)
Cross reference(s) - Solicitors, ch. 5.07.
4.01.060 Same - Circuses, etc.
No person shall hold, operate, or conduct a c¡rcus, 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 parks and recreation department.
(Ord. No.2567, S 3;Ord. No.2794, S 1(2.30.207),8-16-88. Formerly Code 1986, S 2.30.207)
4.01.070 Reserved.
Editor's note - Ord. No. 3247, S 1, adopted Nov. 7, 1995, repealed S 4.01 .070, which pertained to watercraft
4.01.080 Prohibited activities - Speed limits, vehicles, and horses
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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, and upon the park drives, parkways, or park boulevards;
however, a person may 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. lmproperly parked vehicles, including vehicles parked on sidewalks, vehicles left
parked overtwenty-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 4.01.220( X2) and may be towed away at the expense of the owner.
(Ord. No. 2567, S 3; Ord. No.2794, S 1(2.30.211),8-16-88; Ord. No.3406, S 1,7-7-98; Ord. No.3886, S 2, 8-5-08.
Formerly Code 1986, S 2.30.211)
Cross reference(s) - Traffìc code, ch. 9.36.
4.01.090 Same - Camping.
No person shall camp on any park property except at places set aside for such purposes by the
parks and recreation department and so designated by signs or as allowed by a permit from the
director of the parks and recreation department.
(Ord. No.2567, S 3;Ord. No.2794, S1(2.30.212),8-16-88. Formerly Code 1986, S 2.30.212)
4.01.100 Same - Littering.
A. 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.
B. No person shall deposit any refuse, not generated in parks, in any receptacle within any park
or upon any park properties.
(Ord. No.2567, S 3;Ord. No.2794, S 1(2.30.214, 2,30.215),8-16-88. Formerly Code 1986, SS 2.30.214,2.30.215)
Cross reference(s) - Litter control, ch. 8.04.
4.01.110 Same - Competitions.
No person shall engage in, conduct, or hold any trials or competitions for speed or endurance of
hill climbing involving any vehicle, boat, aircraft, or animal in any park.
(Ord. No.2567, S 3; Ord. No.2794, S 1(2.30.216),8-16-88. Formerly Code 1986, S 2.30.216)
4.01.120 Same - Fires.
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No person shall build any fires in any park except in areas designated by the parks and
recreation department.
(Ord. No.2567, S 3;Ord. No.2794, S 1(2.30.217),8-16-88. Formerly Code 1986, S 2.30.217)
Cross reference(s) - Fire prevention codes, ch. 13.02.
4.01.130 Same - Alcoholic beverages.
No person shall bring into or consume in or on any park property or facility any alcoholic
beverages without a written permit from the director of the parks and recreation department.
(Ord. No.2567, S 3;Ord. No.2794, S 1(2.30.218),8-16-88. Formerly Code 1986, S 2.30.218)
4.01.135 Smoking, vaping, or tobacco use in parks prohibited. Revised 7/17
It is unlawful for any person to smoke, vape, or use tobacco products in or on any park property
or park facility, excluding the Riverbend Golf Course facility. This prohibition includes both
noncombustible products, Iike e-c¡garettes or other vaping devices that produce smoke or
vapor, and dipping tobacco, chewing tobacco, snuff, or snus; and combustible products, like
paper cigarettes, cigarillos, or cigars, pipes, and hookahs. lf the product emits smoke, or vapor,
or contains tobacco, it is prohibited.
(Ord. No. 4246, S 2,6-6-17)
4.01.140 Same - Golf.
No person shall play golf except in areas designated by the parks and recreation department.
(Ord. No.2567, S 3;Ord. No.2794, S 1(2.30.219),8-16-88. Formerly Code 1986, S 2.30.219)
4.01.150 Use of facilities.
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.
(Ord. No.2567, S 3;Ord. No.2794, S 1(2.30.220),8-16-88. FormerlyCode 1986, S2.30.220)
4.01.160 Hours,
It is unlawful to remain in any park between dusk and dawn, or during those hours as otherwise
posted by the city, except for activities authorized by the parks and recreation department.
(Ord. N0.2567, S 3;Ord. No.2794, S1(2.30.221),8-'16-88;Ord. No.3158, S 1,3-1-94. Formerly Code 1986,
s 2.30.221)
4.01.170 Permitted and scheduled activities - Rules.
Permits and schedules, officially issued or distributed by the director of the parks and recreat¡on
department, shall have priority over other activities. Participants shall yield to the holder of such
permit or schedule. Participants with or without a permit or schedule shall abide by all rules and
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regulations and shall not unreasonably interfere with other persons' use of or the city's
maintenance or operation of city park facilities. A copy of all rules and regulations are filed with
the city clerk.
(Ord. No.2567, $ 3;Ord. No.2794, S 1(2.30.213),8-16-88;Ord. No.3587, S 1,1-15-02. Formerly Code 1986,
s 2.30.213)
4.01:180 Meelings,
Repealed by Ord. No. 3587
(Ord. No. 2567, S 3;Ord. No.2794, S 1(2.30.209), 8-16-88, Formerly Code 1986, S 2.30.209)
4.01.190 Sales of refreshments.
No person shall sell refreshments or merchandise without the written permission of the director
of the parks and recreation department or a concession contract with the parks and recreation
department.
(Ord. No.2567, S 3;Ord. No.2794, S 1(2.30.208),8-16-88. Formerly Code 1986, S 2.30.208)
4.01.2O0 Reserved
Editor's note - Ord. No. 3247, S 1, adopted Nov. 7, 1995, repealed S 4.01.200, which pertained to a ban on
motorboats on Lake Fenwick.
4.01 .210 Traffic regulations.
A. At all times and at all locations within any park, pedestrians shall enjoy the right-of-way over
any motorized or unmotorized vehicle, bicycle, tricycle, an¡mal, skates, or skateboard.
B. No person shall ride, drive, or operate any bicycle, skates, or skateboard in any area within
any park where such activity is prohibited by means of posted notice. The director of the parks
and recreation department is authorized to place the appropriate notice or notices at such times,
and/or within such areas of any park which shall make it unlawful to ride, drive, or operate any
bicycle, skates, or skateboard within such designated areas, according to the posted notice.
(Ord. No. 2794, S 1(2.30.223),8-16-88. Formerly Code 1986, S 2.30.223)
Cross reference(s) - Traffic code, ch. 9.36.
4.01.220 Penalties. Revised 7/17
A. Civil infraction
1. Except as provided in subsections (A)(2) and (B) of this section, 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.
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2. A violation of either KCC 4.01 .080(B) or 4.01 .135 shall constitute a class 3 civil infraction
in accordance with RCW 7 .80.120(1Xc), 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 shall be guilty of a
misdemeanor punishable by a fine not to exceed $5,000 or by imprisonment not to exceed one
year, or by both such fine and imprisonment. Each separate day or portion thereof during which
such violation occurs shall constitute a separate violation.
(Ord. No. 2567, S 3;Ord. No.3247, S 2, 11-7-95; Ord. No.3886, S 3, 8-5-08;Ord. No.4246, S 3,6-6-17. Formerly
Code '1986, S 2.30.300)
Chapter 4.02
ARTS COMMISSION"
Sections:
4.02.010
4.02.020
4.02.030
4.02.035
4.02.040
4.02.050
4.02.060
Created.
Purpose.
Membership - ïerm.
Term of appointment
Officers - Meetings.
Rules - Minutes.
Budget.
*Cross reference(s) - Boards and commissions, ch. 2.51 et seq
4.02.010 Created.
There is hereby created the Kent arts commission.
(Ord. No. 2552, S 2; Ord. No. 3872, $ 1 , 2-5-08; Ord. No. 4028, S 1 , 1-17 -12. Formerly Code 1986, S 2.34.010)
4.02.020 Purpose.
The city arts commission and staff may, alone or in cooperation with any other private, civ¡c, or
public body of any city, county, or the state, initiate, sponsor, or conduct programs calculated to
further public awareness of and interest in the visual and performing arts,
(Ord. No.2552, S 2;Ord. No.3872, $ 1,2-5-08;Ord. No.4028, S 1,1-17-12. Formerly Code 1986, S 2.34.020)
The membership of the city arts commission shall be fourteen (14) members to be appointed
the mayor and confirmed by the city council, with the exception of the council representative,
who shall be appointed to the commiss¡on by the council president. Each member of the
by
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commission shall have an equal vote in decisions of the commlssion, except for the appointed
council representative, who shall serve in a nonvoting capacity.
(Ord. No.2552, $ 2; Ord. No.3428, 1,12-8-98; Ord. No. 3872, S 1,2-5-08; Ord. No.4028, S 1,1-17-12. Formerly
Code 1986, S 2,34.030)
4.02.035 Term of appointment.
Wth respect to the members appointed and confirmed to serve on the comm¡ssion, the
following provisions shall apply:
1 . Each member, exclusive of the youth representative, must reside or own property within
the city or one (1) of its utility or parks department service areas or, alternatively, work or
own a business within the city's municipal boundaries.
2. The commission shall include among its members one (1) council representative and at
least one (1) youth representative of high school age who attends a Kent school or lives
within the city's municipal boundaries.
3. All members appointed shall serve four (4) year terms or the unexpired balance of the
term for which appointed, whichever is the lesser period, with the following exceptions:
a. The youth representative(s) shall be appointed to at least one (1)yearterm, but
may be appointed to as much as a three (3) year term.
b. The council representative shall be appointed to a one (1) year term
(Ord. No.3872, $'1,2-5-08;Ord. No.4028, S 1,1-17-12)
4.02.040 Officers - Meetings
The city arts commission shall elect its officers, including a chairperson, vice-chairperson, and
such officers as it may deem necessary. Such persons shall occupy their respective offices for a
period of one (1) year. The arts commission shall hold regular public meetings at least monthly.
(Ord. No. 2552, S 2; Ord. No. 3872, S 1 , 2-5-08; Ord. No. 4028, S 1, 1-17-12. Formerly Code 1986, $ 2.34.040)
4.02.050 Rules - Minutes.
The city arts commission shall adopt rules for the transaction of business and shall keep written
minutes of its proceedings, which minutes shall be a public record.
(Ord. No. 2552, S 2,Ord. No.3872, S 1,2-5-08;Ord. No.4028, S 1,1-17-12. Formerly Code 1986, S 2.34.050)
4.02.060 Budget.
The arts commission shall each year submit to the mayor and city councilfor approval a
proposed budget for the following year in the manner provided by law for preparation and
submission of budgets by appointive officials.
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(Ord. No. 2552, S 2; Ord. No. 3872, $ 1, 2-5-08; Ord. No. 4028, S 1,1-17-12. Formerly Code 1986, S 2.34.060)
Chapter 4.03
LIBRARY BOARD*
Sections:
4 03.010
4.03.020
4.03.030
4.03.040
4 03.050
Created.
Residence of members and vacanc¡es
Meetings and organization.
Responsibilities.
Gifts.
*Cross reference(s) - Boards and commissions, ch. 2.51 et seq
State law reference(s) - Libraries, RCW 354.27.010.
4.03.010 Created.
The library board is hereby created. The board shall consist of five (5) members. The members
shall be appointed by the mayor with the approval of the majority of the city council for terms of
five (5) years. No member may serve more than two (2) full terms. Members shall serve without
compensation for their services but may receive necessary expenses actually incurred in
connection with their services to the library.
(Ord. No. 2416, S '1. Formerly Code 1986, S 2.36.010)
4.03.020 Residence of members and vacancies
Only persons who are residents of the city or of a municipality which contracts with the city for
library services shall be eligible for appointment to the library board. The position of a member
shall become vacant upon such member's ceasing to reside within the city or ceasing to reside
within a municipality which contracts with the city for library services. The position of a member
shall be forfeited and become vacant for failure to attend three (3) regular, consecutive
meetings of the board, unless such absence is excused by a majority of the members of the
board.
(Ord. No. 2416, S 1. Formerly Code 1986, S 2.36.020)
4.03.030 Meetings and organization.
The library board shall hold meetings at regular intervals as provided in bylaws adopted by the
board and shall meet not less frequently than every ninety (90) days. The board shall select a
chairperson from among the members and such other officers as they may deem necessary
and may establish rules for the conduct of their meetings and business of the board.
(Ord. No. 2416, S 1. Formerly Code 1986, S 2.36.030)
4.03.040 Responsibilities.
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A. The library board shall make reports and recommendations to the city council and mayor
concerning the acquisition, care, maintenance, utilization, and disposition of library buildings,
property, and equipment. The board shall serve as an advisory body to the city council and
mayor in all matters pertaining to library buildings, equipment, and other property, and the
library budget.
B. The library board shall review, advise, and make recommendations to the city council and
mayor concerning the promulgation and enforcement of rules and regulations concerning the
use of the library, its building and equipment and rules of conduct and behavior of persons using
the library and frequenting the library building. The board shall advise and make
recommendations relative to the scope and quality of library services provided or to be provided
and shall review and advise on all matters pertaining to the administration and performance of
the city's contract with the King County Library District for library services.
(Ord. No. 2416, S '1. Formerly Code 1986, S 2.36.040)
4.03.050 Gifts.
The library board, in conjunction with the library district, may accept or reject all gifts of money
or property made for the benefit of the library and its patrons. All equipment and other property
donated for library purposes whether through the board or to the city directly, shall become the
property of the city held in trust for library purposes and subject to the discretion of the
legislative authority as to any subsequent sale or disposition of any such property or investment
of any such money.
(Ord. No. 2416, S 1. Formerly Code 1986, $ 2.36.060)
Chapter 4.04
ART PROGRAM
Sections:
4.04.010
4.04.02Q
4.04.030
Established.
Art account created.
Guidelines and procedures
4.04.010 Established.
A. The city art fund may be used for all costs for works of art, administrative costs of the city art
program, and all costs of installation and maintenance.
B. The city arts commission shall recommend the amount to be made available for the purchase
of art, in consultation with city staff. The designation of projects and sites, selection, contracting,
purchase, commissioning, review of design, execution and placement, acceptance,
maintenance, sale, exchange, or disposition of works of art shall be recommended by the arts
commission and staff, for approval by the city council, in accordance with the city art program
guidelines.
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C. All works of art purchased and commissioned under the city art program shall become a part
of a city art collection. The city art collection shall be developed, administered and operated by
the arts commission with cooperation and support of the parks and recreation department staff.
D. The works of art may be placed on public lands, integrated with or attached to a public
building or structure, detached within or outside a public building or structure, or part of a
portable collection or exhibit.
E. Nothing in this chapter shall limit the amount of money the city may expend for art.
(Ord. No.2552, S 1. Formerly Code 1986, $ 2.35.020)
4.04.020 Art account created.
There is hereby established a city art account. Monies for the fund shall be received from
1. Annual city budget Two dollars ($2) per budget year for each city resident, based upon
population data certified by the State Office of Financial Management. Budgeted, but
unspent funds shall be maintained in the art fund, and carried forward at the end of each
budget year.
2. Gifts, donations and grants. Private or public gifts, endowments, donations, bequests or
other grants.
3. Other. Such other sources as may be available
(Ord. No.2552, S 1. Formerly Code 1986, S 2.35.010)
Cross reference(s) - Specific funds, ch. 3.40,
4.04.030 Guidelines and procedures.
A. Upon consultation with the city arts commission, guidelines and procedures shall be prepared
by staff for the implementation of the city art program. Such guidelines and procedures shall be
reviewed by the city arts commission annually, and recommendations shall be made to the city
council for approval.
B. A city art plan including a schedule and budget for all city art program projects shall be
prepared and updated annually by the city arts commission and city parks and recreation
department staff. The city art plan shall be reviewed and approved annually by the city council
(Ord. No. 2552, S '1. Formerly Code 1986, S 2.35.030)
Chapter 4.05
OUTDOOR MUSICAL ENTERTAINMENT AND ROCK FESTIVALS*
Sections:
4.05.010 Permit required
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405
4.05
4.05
4.05
4.05
4.05
405
020
030
040
050
060
070
080
Permit application.
Permit fee.
Submission of plans for approval - Approving agencles.
Conditions.
Hours of operation.
Failure to comply.
Penalties.
*Cross reference(s) - Business licenses, ch. 5.01 et seq.; noise control, ch. 8.05
State law reference(s) - Outdoor music festivals, RCW 70.108.010 et seq.
4.05.01 0 Permit required.
It shall be unlawful for any person, corporation, landowner, or lessor to allow, encourage,
organize, promote, conduct, permit or cause to be advertised an entertainment, amusement, or
assembly of persons wherein the primary purpose will be the presentation of outdoor, live or
recorded musical entertainment which person, corporation, landowner or lessor þelieves or has
reason to believe will attract two hundred fifty (250) or more persons and where a charge or
contribution is required for admission unless a val¡d city permit has been obtained for the
operation of such assembly. Such assembly may be advertised by the sponsors and/or
organizers thereof after application for such permit has been made.
(Ord. No. 1618, S 1. Formerly Code 1986, S 5.24.010)
4.05.020 Permit application
Written applications for outdoor mus¡cal amusements, entertainment or assembly permits shall
be made to the city clerk forty (40) days or more prior to the date upon which such assembly is
scheduled to be held. Written notice of approval or disapproval of such application shall be
given to the applicants no less than fifteen (15) days afterthe application has been filed. Permits
shall not be denied if the conditions enumerated in this chapter are met by the applicant. No
permit may be granted to anyone who has been convicted of a felony or a crime involving moral
turpitude. Each application shall be accompanied by the fingerprints and a three (3) inch by five
(5) inch photograph of the applicant and every person having any proprietary interest in the
activity. The city clerk shall be empowered to obtain adequate photographs of all persons
having any proprietary interest.
(Ord. No. 1618, S 2. Formerly Code 1986, S 5.24.020)
4.05.030 Permit fee
The basic fee required shall be one hundred dollars ($100)for each event. No permit shall be
granted for a period of more than one (1) day expiring at midnight of that day. No permit shall be
granted for consecutive days at the same location. The basic permit fee shall be retained by the
city whether a permit is granted, denied or withdrawn.
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(Ord. No. 1618, S 3. Formerly Code 1986, S 5.24.030)
4.05.040 Submission of plans for approval - Approving agencies.
Whenever approval by a governmental agency other than the city is required in this chapter, the
applicant for such approval shall be required to cooperate fully with such agencies to insure that
full review of the proposals may be accomplished by the agencies within fifteen (15) days time
limit set out in this chapter. When any type of physical facility is required or subject to approval
hereunder, preliminary approval may be granted based upon specific plans proposed and
submitted by the applicant. All such facilities shall be in existence five (5) or more days before
the event for which an application is submitted and shall be subject to inspection by the
approving agencies or departments. Should the actual facility or construction fail to meet with
the standards approved in the proposed plans, such preliminary approval may be withdrawn
and any and all permits granted subject to such approval may be withdrawn.
(Ord. No. 1618, S 4. Formerly Code 1986, S 5.24.040)
4.05,050 Gonditions
A. Condition number 1. Location No permit for an outdoor musical assembly shall be granted
unless the assembly is to be held in those areas of the city which have been zoned for parks
and recreational purposes. A permit may be granted for other areas if a zoning variance has
been granted in advance by the city council for such location.
B. Condition number 2. Sanitary facilities. No permit shall be granted unless the applicants
obtain the written approval of the health officer of the city, indicating that the applicants for the
permit have complied with the health requirements of the city for like or similar facilities. The
approval shall indicate the type and adequacy of water supply; toilet, waste collection and
washing facilities to be provided. lf there is to be food service on the premises, the type and
adequacy of food preparation and food service facilities shall be provided.
C. Condition number 3. Fire prevention standards. No permit shall be granted unless the
applicant has shown the fire chief approved fire protection devices and equipment available at
such assembly. Fire prevention standards shall be as set out in KCC Title 13, relating to fire
prevention and protection.
D. Condition number 4. Cash bond and indemnificafion. No permit shall be issued unless the
applicant has on deposit with the city a cash bond in the amount as set out in subsections (D)(1)
through (DX4) below to save and protect the streets, pavements, bridges, road signs and other
property in the city from any and all damage that may be caused by vehicles, employees, or
participants in such outdoor musical assembly and to be used, if necessary, to restore the
ground where such assembly is held to a sanitary condition and pay all charges and losses of
the city for damages to the streets, pavements, bridges and other property. Any extraordinary
law enforcement costs incurred by the city which are the result of such activity shall be met by
such cash bond. The amount of such cash bond shall be determined as follows:
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1 . For gatherings of 0 to 10,000 persons, a cash bond of $5,000;
2, For gatherings of 10,000 to 20,000 persons, a cash bond of $7,500;
3. For gatherings of 20,000 to 30,000 persons, a cash bond of $10,000; and
4. For gatherings over thirty thousand (30,000), the cash bond shall be raised in
increments of two thousand five hundred dollars ($2,SOO¡ for each additional ten thousand
(1 0,000) persons expected.
The deposit or its balance is to be returned when the city clerk certifies that no damage has
been done or that the cost of making the above-mentioned repairs was less than the cash bond
amount and that the balance thereof should be returned. The sponsors shall be required to
furnish evidence of a liability insurance policy, naming the city as an additional insured;
providing for coverage in the amounts determined by the city risk manager which amounts shall
not be less than one hundred thousand dollars ($100,000) bodily injury coverage per person;
three hundred thousand dollars ($300,000) bodily injury coverage per occurrence and one
hundred thousand dollars ($100,000) property damage.
E. Condition number 5. Public safety. No permit shall be granted unless the applicant obtained
the written approval of the police department indicating that the following conditions have þeen
complied with by the applicant:
1. Adequate traffic control and crowd protection policing have been contracted for or
othenruise provided by the applicant,
2.Traffic control and crowd control personnel shall be licensed merchant patrolmen or
named persons meeting the police department's requirements for becoming patrolmen
3. There shall be one (1)traffic control person foreach four hundred (400) persons
expected or reasonably to be expected to be in attendance at any time during the event
lf at any time during the event the size of the crowd exceeds by twenty (20) percent the number
of persons expected to be in attendance, the police department shall have the discretion to
require the sponsor to limit further admissions. Any person with more than a ten (10) percent
proprietary interest in the event shall be required to be in attendance at the activity and shall be
responsible for insuring that no person shall be allowed to remain on the premises if such
person is violating state or city laws. Any such person having a duty to remove law violators who
willfully fails to do so shall be deemed to be an aider or abettor of such violation.
F. Condition number 6. Parking facilities. Application for a permit hereunder shall be
accompanied by a scale drawing showing adequate parking facilities have been made available
within or adjacent to the location for which the permit is requested. Such parking facilities shall
provide parking space for one (1)vehicle for every four (4) persons expected or reasonably to
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be expected. Adequate ingress and egress shall be provided to or from such parking area to
facilitate the movement of any vehicle at any time to or from the parking area. lf any
nonadjacent parking facilities are approved, buses shall be used to transport the public to the
event on a no-charge basis.
(Ord. No. 1618, S 5. Formerly Code 1986, S 5.24.050)
4.05.060 Hours of operation
No outdoor musical assembly shall be conducted in the city limits during the hours of 12'.01 a.m
and 9:00 a.m. No permit shall be issued for more than one (1) twenty-four (24) hour period
ending at midnight. The participants shall be required to have cleared the area and its
immediate environs no later than 1:00 a.m. of the day following the event.
(Ord. No. 1618, S 6. Formerly Code 1986, S 5.24.060)
4.05.070 Failure to comply
Compliance with the terms and conditions of this chapter shall constitute the minimum health,
sanitation, and safety provisions and failure to comply with the terms and conditions shall
constitute a public nuisance and the sponsors of the event shall be subject to all criminal and
civil remedies as such.
(Ord. No. 1618, S 8. Formerly Code 1986, S 5.24.080)
4.05.080 Penalties.
Any person who shall violate or fails to comply with any provision of this chapter, or who shall
counsel, aid or abet such a violation or failure to comply, shall be deemed guilty of a
misdemeanor.
(Ord. No. 1618, S 7. Formerly Code '1986, S 5.24.070)
Chapter 4.06
RECREAT¡ONAL VESSEL REGULATIONS*
Application of regulations.
Revised Code of Washington provisions adopted by reference.
Washington Administrative Code provisions adopted by reference.
Definitions.
Motor-powered vessels prohibited - Exception.
Required distance from motor-powered vessels to swimmers and other vessels
Dumping trash in lakes prohibited.
Floating objects adrift.
Sunken vessels.
lntoxication.
Sections:
4.06.010
4.06 020
4.06 030
4.06.040
4.06.050
4.06.060
4.06.070
4.06.080
4.06.090
4.06.100
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4.06
4,06
4.06
4.06
4.06
4.06
4.06
4.06
4.06
4.06
110
120
130
140
'150
160
170
180
190
200
4.06.210
4.06.220
4.06.230
4.06.240
4.06.250
4.06.260
4.06.270
4.06.280
4.06.290
4.06.300
4.06.310
lncapacity of operator.
Accidents.
Accident reports.
Vessel operation within or bordering park property.
Restricted areas.
Swimming - Lake Meridian.
Skin diving.
Water skiing.
Lake Fenwick - Motor-powered vessel prohibited - Exception.
Lake Meridian - Motor-powered vessel restrictions - Water skiing and personal
watercraft operation.
Personal flotation devices, equipment, and navigation lights.
oit.
Nuisances.
Public health.
Liability for damages.
Authorized emergency and patrol vessels.
Direciing traffic, restricting vessel speed, suspending activities, emergency
powers.
Penalties.
Authority of officers to board vessels.
lnterlocal cooperation.
Enforcement.
*Editor's note - Ordinance No. 3342, S '1 , adopted April 2, 1997, amended chapter 4.06 to read as herein set out.
Formerly, such chapter pertained to boating regulations and derived from Ord. No. 3248, S 1, 11-7-95; Ord. No'
3280, S 1, 3-5-96; Ord. No. 3291, S 1,4-18-96.
4.06.01 0 Application of regulations
The provisions of this chapter shall be applicable to all recreational vessels and related uses in
and upon all lakes within the geographical boundaries of the city of Kent. The provisions of this
chapter shall be construed to supplement United States laws and state laws and regulations
when not expressly inconsistent therewith.
(Ord. No.3342, S 1,4-2-97)
4.06.020 Revised Code of Washington provisions adopted by reference.
A. The following provisions of Chapter 88.02 RCW entitled "Vessel Registration," as currently
enacted or later amended, are hereby adopted by reference and incorporated herein:
RCW
88.02.020 Registration and display of registration number and decal prerequisite to ownership
or operation of vessel - Exemptions.
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88.02.025 Registration of vessels numbered under the Federal Boat Safety Act.
88.02.030 Exceptions from vessel registration - Use of excess document identification fee for
boating safety programs - Rules.
88.02.090 lnspection of registration - Violation of chapter.
88.02.110 Penalties - Disposition of moneys collected - Enforcement authority.
B. The following provisions of Chapter 794.60 RCW entitled "Regulation of Recreational
Vessels," as currently enacted or later amended, are hereby adopted by reference and
incorporated herein:
RCW
794.60
794.60
794.60
79A.60
794.60
794.60
794.60
794.60
794.60
794.60
794.60
794.60
79A.60
794.60
794.60
010
020
030
040
080
100
110
120
130
140
'150
160
170
180
190
Definitions.
Violations of chapter punishable as misdemeanor - Circumstances - Violations
designated as civil infractions.
Operation of vessel in a negligent manner - Penalty.
Operation of vessel in a reckless manner - Operation of a vessel under the
influence of intoxicating liquor - Penalty.
Failure to stop for law enforcement officer.
Enforcement - Chapter to supplement federal law.
Equipment standards - Rules - Penalty.
Tampering with vessel lights or signals - Exhibiting false lights or signals -
Penalty.
Muffler or underwater exhaust system required * Exemptions - Enforcement -
Penalty.
Personal flotation devices - lnspection and approval - Rules.
Failure of vessel to contain required equipment - Liability of operator or owner -
Penalty.
Personal flotation devices required - Penalty.
Water skiing safety - Requirements.
Loading or powering vessel beyond safe operating ability - Penalties'
Operation of personal watercraft - Prohibited activities - Penalties.
(Ord. No.3342, S 1,4-2-97; Ord. No. 3693, S 1,6-1-04)
4.06.030 Washington Administrative Code provisions adopted by reference.
The provisions of Chapter 352-60 WAC, as currently enacted or later amended, are hereby
adopted by reference and incorporated herein.
(Ord. No.3342, S 1,4-2-97; Ord. No.3693, S 2,6-1-04)
4.06.040 Definitions
For the purpose of this chapter, in addition to the definitions set forth in RCW 794.60.010
adopted in KCC 4.06.020, the following terms shall have the meaning ascribed in this section
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Authorized emergency yesse/ 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.
Cify 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.
O/ 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 a vessel, or the moorage of a vessel.
Potice or police departmenf 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 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 unden¡vater breathing
apparatus (SCUBA diving), snorkel tube equipment, and free diving gear.
Vesse/ includes, but is not limited to, rowboat, sailboat, sailboard, canoe, kayak, powerboat, ski
boat, personal watercraft, and other similar watercrafi.
(Ord. No.3342, S 1,4-2-97, Ord. No.3693, S 3,6-1-04;Ord. No.3886, S4,8-5-08)
4.05.050 Motor-powered vessels prohibited - Exception.
Except on lakes otherwise specifically provided for in this chapter, no motor-powered vessels
shall be operated on any lake within the city,
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(Ord. No. 3342, S 1,4-2-97)
4.06.060 Required distance from motor-powered vessels to swimmers and other vessels.
Except as provided in KCC 4.06.200(AX3), it is unlawful for any motor-powered vessel to be
operated while the propeller is engaged within fifty (50) feet of any swimmer or any row boat,
canoe, or other vessels.
(Ord. No. 3342, S 1,4-2-97)
4.06.070 Dumping trash in lakes prohibited
The dumping, depositing, placing, or leaving of any garbage, ashes, debris, brush, or other
material into any lake, is prohibited.
(Ord. No.3342, S 1,4-2-97)
4.06.080 Floating objects adrift.
All vessels, or any other articles of value found adrift in any lake in the city, may be taken into
possession and removed by the police or other authorized city official or agent and shall be
subject to reclamation by the owner thereof, on payment by him or her to the city of any
expenses incurred by the city and in case of failure to reclaim may be sold or disposed of
according to law.
(Ord. No. 3342, S 1, 4-2-97)
4.06,090 Sunken vessels
When any vessel or obstruction has been sunk or grounded, or has been delayed in such
manner as to stop or seriously interfere with or endanger navigation, the police may order the
same immediately removed and if the owner, or other person in charge thereof, after being so
ordered, does not proceed immediately with such removal, the police or other authorized city
official or agent may take immediate possession thereof and remove the same, using such
methods as in his or her judgment will prevent unnecessary damage to such watercraft or
obstruction, and the expense incurred by the city in such removal shall be paid by the owner or
other person in charge of such vessel or obstruction; and in case of failure to pay the same, the
city may maintain an action for the recovery thereof.
(Ord. No.3342, $ 1,4-2-97)
4.06.1 00 lntoxication.
A. lt is unlawful for the owner of any vessel or any person having charge or control of such to
authorize or knowingly permit the same to be operated by any person who is under the
influence of intoxicating liquor or drugs.
B. Whenever it appears reasonably certain to any police officer that any person under the
influence of, or affected by the use of, intoxicating liquor or of any drug is about to operate a
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vessel in violation of subsection (A) above, said officer may take reasonable measures to
prevent any such person from so doing.
C. A violation of this section shall constitute a misdemeanor as defined in this chapter
(Ord. No. 3342, S 1,4-2-97)
4.06.110 lncapacity of operator.
It is unlawful for the owner of any vessel or any person having charge or control of such to
authorize or knowingly permit the same to be operated by any person who by reason of physical
or mental disability is incapable of operating such vessel under the prevailing circumstances.
(Ord. No. 3342, S 1, 4-2-97)
4.06.120 Accidents.
The operator of any vessel involved in an accident resulting in injury or death to any person or in
damage to property shall immediately stop such vessel at the scene of such accident and shall
give his or her name, address, and the name and/or number of his or her vessel, and the name
and address of the owner, to the person struck or the operator or occupants of the vessel
collided with or property damaged, and shall render to any person injured in such accident
reasonable assistance.
(Ord. No. 3342, S 1,4-2-97)
4.06.1 30 Accident reports.
The owner or operator of any watercraft shall file a written report within forty-eight (48) hours
with the police department of any accident involving death or personal injury requiring medical
treatment or property damage in excess of two hundred dollars ($2OO¡ in which such watercraft
shall have been involved on any lake of the city.
(Ord. No.3342, $ 1,4-2-97)
4.06.140 Vessel operation within or bordering park property.
No person shall have, keep, or operate any boat, float, raft, or vessel in or upon any lake, 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 parks
and recreation department and so designated by signs.
(Ord. No. 3342, S 1,4-2-97)
4.06.1 50 Restricted areas.
ln the interests of safe navigation, life safety, and the protection of property, the city may
designate restricted areas and the purpose for which same shall be used on any lake authorized
for vessel use. No person shall operate a watercraft within a restricted area; provided, that this
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section shall not apply to vessels engaged in or accompanying the activity to which the area is
restricted, nor to patrol or rescue craft or in the case of an emergency.
(Ord. No.3342, S 1,4-2-97)
4.06.160 Swimming - Lake Meridian.
A. Swimming in Lake Meridian shall be confined to:
1. Restricted swimming areas; or
2. \Mthin 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.
C. No person shall cause to be tied to any marker buoy, any watercraft, boat, or similar crafi 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 may establish the hours for lifeguard
supervised swimming and may establish rules and regulations for use within or adjacent to
designated swim areas.
(Ord. No.3342, S 1,4-2-97; Ord. No.3886, S 5,8-5-08)
4.06.170 Skin diving
Skin diving shall be prohibited in all lakes in the city except as necessary for public employees
and their agents or other authorized personnel to perform their duties or in the case of an
emergency.
(Ord. No. 3342, S 1,4-2-97)
4.06.180 Water skiing
Water skiing is prohibited on all lakes within the city except for Lake Meridian which shall be
regulated as set forth in KCC 4.06.200.
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(Ord. No.3342, S 1,4-2-97)
4.06.190 Lake Fenwick - Motor-powered vessel prohibited - Exception
It is unlawful to use or operate any vessel with motor power on Lake Fenwick, except electric
fishing trolling motors, and except as necessary for public employees and their agents or
construction company employees to perform their authorized duties or in case of an emergency
(Ord. No.3342, S 1,4-2-97)
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. lt 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 engines equipped with a muffler or silencer of suffìcient 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.
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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 one hundred (100) feet of any fishing
pier, designated swimming area, or boat launch ramp and dock.
L 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 allwater skiing activities as defined in RCW
794.60.010 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. lt 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
4. All persons in vessels towing persons on water skis, tubes, surfboards, or similar
contrivance shall remain seated at all times.
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5. All operators of vessels having in tow or otherwise assisting a person on water skis,
tubes, surfboards, or s¡milar 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, exposit¡ons, or trials therefor, which have þeen duly authorized
by the city.
C. Personalwatercraft. ln addition to RCW 794.60.190 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 12Q0 noon and 6:00 p.m.;
b. On even-numbered days of the calendar; and
c. From and including May 16 through and including September 15 of any year.
(Ord. No.3342, S 1,4-2-97', Ord. No.3348, S 2,5-7-97; Ord. No.3693, S4,6-1-04;Ord. No.3886, S6,8-5-08)
4.06.210 Personal flotation devices, equipment, and navigation lights.
All vessels operating on navigable waters in the city shall be equipped as required pursuant to
the following provisions:
WAC
352-60-030 Personalflotation devices required
352-60-040 Visual distress signals
352-60-050 Ventilation
352-60-060 Navigation lights and shapes
352-60-080 Fire extinguisher required
352-60-090 Backfire flame control
(Ord. No. 3342, S 1,4-2-97)
4.06.220 oit
No owner, operator, or other person in charge of any vessel, and no person along or upon the
shore of the waters of the city, shall spill, throw, pump, or othenruise cause oil of any description
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to be or float upon the waters of the city. Any person causing oil to be upon the waters of the
city as aforesaid shall remove the same and upon his or her failure to do so, the same may be
removed by the city or other appropriate agency and the expense thereof shall be paid by and
recoverable from the person causing said oil to be upon the water. The payment of such sum or
the maintenance of an action therefor, shall not be deemed to exempt such person from
prosecution forcausing such oil spillage. Anywillful violation of this section shall constitute a
misdemeanor as defined in this chapter.
(Ord. No.3342, S 1,4-2-97)
4.06.230 Nuisances.
Sunken vessels, refuse of all kinds, structures, or pieces of any structure, timber, logs, piles,
boom sticks, lumber, boxes, empty containers, and oil of any kind floating uncontrolled on the
water, and all other substances or articles of a similar nature, are hereby declared to be public
nuisances and it is unlawful for any person to throw or place in, or cause or permit to be thrown
or placed, any of the above named articles or substances in any lake in the city, or upon the
shores thereof or in such position that same may or can be washed into said lakes of the city,
either by storms, floods, or othenruise. Any person causing or permitting said nuisances to be
placed as aforesaid shall remove the same and upon his or her failure to do so, the same may
be removed by the city or other appropriate agency and the expense thereof shall be paid by
and recoverable from the person creating said nuisance. ln all cases such nuisances may be
abated in the manner provided by law. The abatement of any such public nuisances shall not
excuse the person responsible therefore from prosecution hereunder. A violation of this section
shall constitute a civil violation under Ch. 1.04 KCC for which a monetary penalty may be
assessed and abatement may be required as provided therein. ln addition to or as an alternative
to enforcement under Ch. 1.04 KCC, any person who violates this section shall be guilty of a
misdemeanor as provided in this chapter.
(Ord. No.3342, S 1,4-2-97)
4.06.240 Public health
All vessels entering or in any lake in the city shall comply with the applicable public health laws
and regulations of the United States, the state of Washington and its political subdivisions.
(Ord. No.3342, S 1,4-2-97)
4.06.250 Liability for damages
Nothing in this chapter shall be construed so as to release any person owning or controlling any
vessel, pier, obstruction, or other structure, from any liability for damages, and the safeguards to
life and property required in this chapter shall not be construed as relieving any person from
installing and maintaining all other safeguards that may be required by law.
(Ord. No. 3342, S 1, 4-2-97)
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4.06.260 Authorized emergency and patrol vessels
The provisions of this chapter shall be applicable to the operation of any and all vessels on any
Iake in the city except that they shall not apply to any emergency and patrol watercraft
performing the authorized duties for which such emergency and patrol vessels were
established.
(Ord. No. 3342, S 1,4-2-97)
4.06.270 Directing traffic, restricting vessel speed, suspending activities, emergency
powers.
A. The police are hereby authorized to direct all vessel traffic on Lake Meridian either in person
or by means of visible or audible signal in conformance with the provisions of this chapter;
provided, that where necessary to expedite vessel traffic, or to prevent or eliminate congestion
or to safeguard persons or property, such officers, and other authorized officers of appropriate
governmental agencies or authorities, may direct vessel traffic as conditions may require,
notwithstanding the provisions of this chapter.
B. The parks director, or his or her designee, may restrict vessel speed or suspend any or all
vessel activities on Lake Meridian due to conditions on the lake such as flooding, high water, or
other events, conditions, or occurrences when, in the discretion of the parks director, such is
deemed necessary to protect persons or property from injury or damage.
(Ord, No.3342, S 1,4-2-97)
4.06.280 Penalties.
The following penalties shall apply for violations of this chapter:
A. Civil infraction. Except as provided in subsections (B) and (C) of this section, a violation of
any of the provisions of this chapter shall constitute a class 3 civil infraction in accordance with
RCW 7 .80.120(1)(c), as currently enacted or hereafter amended. Pursuant to Chapter 7.84
RCW, any violation of the provisions of Chapter 794.60 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 IRLJ 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.
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C. Gross m¡sdemeanor. 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.
(Ord. No.3342, S 1,4-2-97; Ord. No.3693, S 5,6-1-04;Ord. No.3886, S 7,8-5-08)
4.06.290 Authority of officers to board vessels.
Commissioned officers of the city are hereby given the authority to board any vessel found
underway on any lake of the city for the purpose of inspection and enforcement of this chapter
(Ord. No. 3342, S 1,4-2-97)
4.06.300 lnterlocal cooperation
Nothing in this chapter shall preclude the city from entering into interlocal agreements with cities
and towns for the administration and enforcement of this chapter.
(Ord. No.3342, S 1,4-2-97)
4.06.310 Enforcement.
It shall be the duty of the police department or other city department or official as authorized by
the mayor to enforce all sections of this chapter.
(Ord. No. 3342, S 1, 4-2-97)
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