WSR 16-10-002
PERMANENT RULES
PARKS AND RECREATION
COMMISSION
[Filed April 20, 2016, 3:09 p.m., effective May 21, 2016]
Effective Date of Rule: Thirty-one days after filing.
Purpose: These revised chapters and sections will provide clarification and modifications to various rules.
WAC 352-32-010 Definitions, clarification on remote controlled aircraft definition.
WAC 352-32-056 Peace and quiet, changes in this rule allow for park ranger discretion in handling noise from any individual campsite.
WAC 352-32-130 Aircraft, this WAC adds language to clarify the use of remote controlled aircraft via written permission from the director or designee.
WAC 352-32-200 Expulsion from state park areas, changes [to] this rule allow for park ranger discretion in expelling individuals from state park areas based on the elements of the infraction or crime committed.
WAC 352-32-210 Consumption of alcohol in state parks, the change in this rule prohibits possessing alcoholic beverages, either opened or unopened in areas as already established in WAC.
WAC 352-32-250 Standard fees charged, changes in this WAC allow for a towed vehicle to drive into a park unhitched from the recreational vehicle with which it is affiliated and not be subject to the extra vehicle fee, as long as they arrive together. Changes in this WAC also clarify the charge for motorcycles as extra vehicles in campsites, whether with recreational vehicles or other motorcycles.
Chapter 352-04 WAC, Brief adjudicative proceedings, allows for a more expedited process to adjudicate notices of expulsion.
Citation of Existing Rules Affected by this Order: Amending 352-32-010, 352-32-056, 352-32-130, 352-32-200, 352-32-210, 352-32-250, and chapter 352-04 WAC.
Statutory Authority for Adoption: Chapter 79A.05 RCW.
Adopted under notice filed as WSR 16-03-032 on January 12, and WSR 16-05-049 on February 11, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 6, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 6, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: March 31, 2016.
Valeria Evans
Management Analyst
NEW SECTION
WAC 352-04-060 Brief adjudicative proceedings.
This rule is adopted in accordance with RCW 34.05.482 through 34.05.494, the provisions of which are hereby adopted. Brief adjudicative proceedings shall be used in all matters related to appeals of expulsion orders issued pursuant to WAC 352-32-200.
AMENDATORY SECTION (Amending WSR 08-24-006, filed 11/20/08, effective 12/21/08)
WAC 352-32-010 Definitions.
Whenever used in this chapter the following terms shall be defined as herein indicated:
"Aircraft" shall mean any machine designed to travel through the air, whether heavier or lighter than air; airplane, dirigible, balloon, helicopter, etc. The term aircraft shall not include paraglider or remote controlled aircraft.
"Aquatic facility" shall mean any structure or area within a state park designated by the director or designee for aquatic activities((,)) including, but not limited to, swimming pools, wading pools, swimming beaches, floats, docks, ramps, piers or underwater parks.
"Bivouac" shall mean to camp overnight on a vertical rock climbing route on a ledge or in a hammock sling.
"Campfires" shall mean any open flame from a wood source.
"Camping" shall mean erecting a tent or shelter or arranging bedding, or both, or parking a recreation vehicle or other vehicle for the purpose of remaining overnight.
"Camping party" shall mean an individual or a group of people (two or more persons not to exceed eight) that is organized, equipped and capable of sustaining its own camping activity in a single campsite. A "camping party" is a "camping unit" for purposes of RCW 79A.05.065.
"Commercial recreation provider" is any individual or organization that packages and sells a service that meets the definition of a commercial recreation use.
"Commercial recreation use" is a recreational activity in a state park that is packaged and sold as a service by an organization or individual, other than state parks or a state park concessionaire.
(("Commercial recreation provider" is any individual or organization that packages and sells a service that meets the definition of a commercial recreation use.))
"Commercial use (nonrecreation)" is any activity involving commercial or business purpose within a state park that may impact park facilities, park visitors or staff and is compatible with recreational use and stewardship, limited in duration and does not significantly block/alter access or negatively impact recreational users.
"Commission" shall mean the Washington state parks and recreation commission.
"Conference center" shall mean a state park facility designated as such by the director or designee that provides specialized services, day-use and overnight accommodations available by reservation for organized group activities.
"Day area parking space" shall mean any designated parking space within any state park area designated for daytime vehicle parking.
"Director" shall mean the director of the Washington state parks and recreation commission or the director's designee.
"Disrobe" shall mean to undress so as to appear nude.
"Emergency area" is an area in the park separate from the designated overnight camping area, which the park manager decides may be used for camping when no alternative camping facilities are available within reasonable driving distances.
"Environmental interpretation" shall mean the provision of services, materials, publications and/or facilities, including environmental learning centers (ELCs), for other than basic access to parks and individual camping, picnicking, and boating in parks, that enhance public understanding, appreciation and enjoyment of the state's natural and cultural heritage through agency directed or self-learning activities.
"Environmental learning centers (ELCs)" shall mean those specialized facilities, designated by the director or designee, designed to promote outdoor recreation experiences and environmental education in a range of state park settings.
"Extra vehicle" shall mean each additional unhitched vehicle in excess of the one recreational vehicle that will be parked in a designated campsite or parking area for overnight.
"Fire" shall mean any open flame from any source or device including, but not limited to, campfires, stoves, candles, torches, barbeques and charcoal.
"Fish" shall mean all marine and freshwater fish and shellfish species including all species of aquatic invertebrates.
"Foster family home" means an agency which regularly provides care on a twenty-four-hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed.
"Geocache" shall mean geocaches, letterboxes, and related activities. Geocaching is an outdoor treasure hunting game in which participants (called "geocachers") use a Global Positioning System receiver or other navigational techniques to hide and seek containers (called "geocaches" or "caches").
"Group" shall mean twenty or more people engaged together in an activity.
"Group camping areas" are designated areas usually primitive with minimal utilities and site amenities and are for the use of organized groups. Facilities and extent of development vary from park to park.
"Hiker/biker campsite" shall mean a campsite that is to be used solely by visitors arriving at the park on foot or bicycle.
"Intimidate" means to engage in conduct that would make a reasonable person fearful.
"Motorcycle" means every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a farm tractor and a moped.
"Multiple campsite" shall mean a designated and posted camping facility encompassing two or more individual standard, utility or primitive campsites.
"Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one's constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to WAC 352-32-165 shall not constitute obstruction of pedestrian or vehicular traffic.
"Out-of-home care" means placement in a foster family home or with a person related to the child under the authority of chapters 13.32A, 13.34, or 74.13 RCW.
"Overflow area" shall mean an area in a park separate from designated overnight and emergency camping areas, designated by the park manager, for camping to accommodate peak camping demands in the geographic region.
"Overnight accommodations" shall mean any facility or site designated for overnight occupancy within a state park area.
"Paraglider" shall mean an unpowered ultralight vehicle capable of flight, consisting of a fabric, rectangular or elliptical canopy or wing connected to the pilot by suspension lines and straps, made entirely of nonrigid materials except for the pilot's harness and fasteners. The term "paraglider" shall not include hang gliders or parachutes.
"Person" shall mean all natural persons, firms, partnerships, corporations, clubs, and all associations or combinations of persons whenever acting for themselves or by an agent, servant, or employee.
"Person related to the child" means those persons referred to in RCW 74.15.020 (2)(a)(i) through (vi).
"Personal watercraft" means a vessel of less than sixteen feet that uses a motor powering a water jet pump, as its primary source of motive power and that is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel.
"Popular destination park" shall mean any state park designated by the director or designee as a popular destination park because, it is typically occupied to capacity on Friday or Saturday night during the high use season.
"Primitive campsite" shall mean a campsite not provided with flush comfort station nearby and which may not have any of the amenities of a standard campsite.
"Public assembly" shall mean a meeting, rally, gathering, demonstration, vigil, picketing, speechmaking, march, parade, religious service, or other congregation of persons for the purpose of public expression of views of a political or religious nature for which there is a reasonable expectation that a minimum of twenty persons will attend based on information provided by the applicant. Public assemblies must be open to all members of the public, and are generally the subject of attendance solicitations circulated prior to the event, such as media advertising, flyers, brochures, word-of-mouth notification, or other form of prior encouragement to attend.
Alternatively, the agency director or designee may declare an event to be a public assembly in the following cases: Where evidentiary circumstances and supporting material suggest that more than one hundred persons will attend, even where the applicant does not indicate such an expectation; or where there is reason to expect a need for special preparations by the agency or the applicant, due to the nature or location of the event.
"Ranger" shall mean a duly appointed Washington state parks ranger who is vested with police powers under RCW 79A.05.160, and shall include the park manager in charge of any state park area.
"Recreation vehicle" shall mean a vehicle/trailer unit, van, pickup truck with camper, motor home, converted bus, or any similar type vehicle which contains sleeping and/or housekeeping accommodations.
"Remote controlled aircraft" shall mean nonpeopled model aircraft and other unmanned aircraft systems, including those commonly known as "drones" that are flown by using internal combustion, electric motors, elastic tubing, or gravity/wind for propulsion. The flight is controlled by a person on the ground using a hand held radio control transmitter.
"Residence" shall mean the long-term habitation of facilities at a given state park for purposes whose primary character is not recreational. "Residence" is characterized by one or both of the following patterns:
(1) Camping at a given park for more than thirty days within a forty-day time period April 1 through September 30; or forty days within a sixty-day time period October 1 through March 31. As provided in WAC 352-32-030(7), continuous occupancy of facilities by the same camping party shall be limited to ten consecutive nights April 1 through September 30. Provided that at the discretion of the park ranger the maximum stay may be extended to fourteen consecutive nights if the campground is not fully occupied. Campers may stay twenty consecutive nights October 1 through March 31 in one park, after which the camping unit must vacate the overnight park facilities for three consecutive nights. The time period shall begin on the date for which the first night's fee is paid.
(2) The designation of the park facility as a permanent or temporary address on official documents or applications submitted to public or private agencies or institutions.
"Seaweed" shall mean all species of marine algae and flowering sea grasses.
"Sno-park" shall mean any designated winter recreational parking area.
"Special groomed trail area" shall mean those sno-park areas designated by the director as requiring a special groomed trail permit.
"Special recreation event" shall mean a group recreation activity in a state park sponsored or organized by an individual or organization that requires reserving park areas, planning, facilities, staffing, or other services beyond the level normally provided at the state park to ensure public welfare and safety and facility and/or environmental protection.
"Standard campsite" shall mean a designated camping site which is served by nearby domestic water, sink waste, garbage disposal, and flush comfort station.
"State park area" shall mean any area under the ownership, management, or control of the commission, including trust lands which have been withdrawn from sale or lease by order of the commissioner of public lands and the management of which has been transferred to the commission, and specifically including all those areas defined in WAC 352-16-020. State park areas do not include the seashore conservation area as defined in RCW 79A.05.605 and as regulated under chapter 352-37 WAC.
"Trailer dump station" shall mean any state park sewage disposal facility designated for the disposal of sewage waste from any recreation vehicle, other than as may be provided in a utility campsite.
"Upland" shall mean all lands lying above mean high water.
"Utility campsite" shall mean a standard campsite with the addition of electricity and which may have domestic water and/or sewer.
"Vehicle" shall include every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway. For the purposes of this chapter, this definition excludes bicycles, wheelchairs, motorized foot scooters, electric personal assistive mobility devices (EPAMDs), snowmobiles and other nonlicensed vehicles.
"Vehicle parking permit" means the permit issued on a daily, multiple day or annual basis for parking a vehicle in any state park area designated for daytime vehicle parking, excluding designated sno-park parking areas.
"Vessel" shall mean any watercraft used or capable of being used as a means of transportation on the water.
"Walk-in campsite" shall mean a campsite that is accessed only by walking to the site and which may or may not have vehicle parking available near by.
"Watercraft launch" is any developed launch ramp designated for the purpose of placing or retrieving watercraft into or out of the water.
"Water trail advisory committee" shall mean the twelve-member committee constituted by RCW 79A.05.420.
"Water trail camping sites" shall mean those specially designated group camp areas identified with signs, that are near water ways, and that have varying facilities and extent of development.
"Wood debris" shall mean down and dead tree material.
AMENDATORY SECTION (Amending WSR 12-22-031, filed 10/31/12, effective 12/1/12)
WAC 352-32-056 Peace and quiet.
To ((insure)) ensure peace and quiet for visitors:
(1) No person ((shall conduct themselves so that park users are disturbed in their sleeping quarters or in campgrounds or park employees in their sleeping quarters)) may cause a sound that may be plainly audible beyond the person's immediate area of use or campsite between the quiet hours of 10:00 p.m. and 6:30 a.m.
(2) No person shall, at any time, use sound-emitting ((electronic)) equipment including ((electrical speakers, radios, phonographs, televisions, or other such equipment)) musical instruments, at a volume which emits sound beyond the ((person's)) user's vehicle ((or)), immediate area of use, ((individual camp or picnic site that may disturb other park users)) or campsite without specific permission of the park ranger.
(3) Engine driven electric generators may be operated only between the hours of 8:00 a.m. and 9:00 p.m., except at Crystal Springs and Easton Reload sno-parks where engine driven electric generators may be operated after 9:00 p.m. during the winter recreation season.
(4) Any violation of this section is an infraction under chapter 7.84 RCW.
AMENDATORY SECTION (Amending WSR 07-03-121, filed 1/22/07, effective 2/22/07)
WAC 352-32-130 Aircraft.
(1) No aircraft shall land on or take off from any body of water or land area in a state park area not specifically designated for landing aircraft. This provision does not apply to official aircraft used in the performance of search and rescue missions, medical emergencies, law enforcement activities, emergency evacuations or firefighting activities. It also does not apply in cases where the director or designee specifically authorizes such landings or take offs, in writing, associated with the operational, or administrative needs of the agency or state.
(2) Individuals who have complied with the registration process provided or who have obtained a special recreation event permit pursuant to WAC 352-32-047 may launch and land paragliders in state park areas specifically designated by the director or designee as available for paragliding. Prior to any such designation, the director or designee shall advertise and conduct a public meeting in the region where the park is located. The director or designee shall consider the potential impacts of paragliding in the proposed area, including but not limited to the following factors: The degree of conflict paragliding may have with other park uses, public safety issues, and any potential damage to park resources/facilities. Any park designated for paragliding shall be conspicuously posted as such by the agency.
(3) Individuals paragliding in state parks must:
(a) Comply with the registration process provided for such purposes;
(b) Observe all applicable laws and regulations;
(c) Never destroy or disturb park facilities, natural features, or historical or ((archeological)) archaeological resources;
(d) Conduct themselves with thoughtfulness, courtesy and consideration for others, and not interfere with other recreational activities;
(e) Conduct themselves in compliance with the following basic safety regulations:
(i) Comply with specific site operational ((rules)) restrictions that are posted;
(ii) Fly in a manner consistent with the pilot rating held;
(iii) Preplanned landings should be made in areas no smaller than forty feet wide by one hundred feet long;
(iv) Make preflight checks of weather, equipment and site conditions;
(v) Observe all published traffic and right of way flight guidelines, including yielding right of way to all aircraft;
(vi) Wear protective clothing, headgear, Coast Guard approved flotation gear, reserve parachute, supplemental oxygen and communication equipment as appropriate for conditions;
(vii) Fly in a manner that does not create a hazard for other persons or property;
(viii) Fly only during daylight hours, or hours otherwise specified by posting at the site;
(ix) Do not fly over congested areas of parks or open air assembly of persons;
(x) Fly only in designated areas of parks;
(xi) Fly with visual reference to the ground surface at all times;
(xii) Do not tether paraglider to the ground or other stable nonmovable object.
(f) Not fly while under the influence of alcohol or drugs.
(4) Except as provided in subsection (5) of this section, individuals flying remote controlled aircraft ((must)) may do so only within flying areas designated by the director or designee and only when following the remote controlled aircraft management plan approved by the director or designee and posted for that designated area.
(a) Prior to ((any such designation)) designating any remote controlled aircraft flying area, the director or designee shall advise and conduct a public meeting in the region where the park is located. The director or designee shall consider the potential impacts of remote controlled aircraft flying in the proposed area, including, but not limited to, the following factors: The degree of conflict remote controlled aircraft flying may have with other park uses, public safety issues, and any potential damage to park resources/facilities. Any park area designated for remote controlled aircraft flying shall be conspicuously posted as such by the director or designee.
(b) The director or designee shall establish a committee to advise park staff on park management issues related to remote controlled aircraft flying for each state park area designated as a remote controlled aircraft flying ((site)) area.
(c) Each state park area with an established advisory committee, which includes remote controlled aircraft flyers will have an approved management plan which will specify remote controlled aircraft flying ((rules)) restrictions concerning types of aircraft, flying hours, identified approved flying zones, identified runways for take-offs and landings, engine muffler requirements, use of and posting of radio frequency, fuel spills and cleanup. The director or designee shall ensure that any remote controlled aircraft flying ((rules)) restrictions contained in the remote controlled aircraft flying management plan are conspicuously posted at the entrance of the affected park area.
(d) The director or designee may permanently, or for a specified period or periods of time, close any designated flying area to remote controlled aircraft flying if the director or designee concludes that a remote controlled aircraft flying closure is necessary for the protection of the health, safety, and welfare of the public, park visitors or staff, or park resources. Prior to closing any designated flying area to remote controlled aircraft flying, the director or designee shall hold a public meeting near the state park area to be closed to remote controlled aircraft flying. Prior notice of the meeting shall be published in a newspaper of general circulation in the area and at the park at least thirty days prior to the meeting. In the event that the director or designee or park manager determines that it is necessary to close a designated flying area immediately to protect against an imminent and substantial threat to the health, safety, and welfare of the public, park visitors or staff, or park resources, the director or designee or park manager may take emergency action to close a state park area to remote controlled aircraft flying without first complying with the publication and meeting requirements of this subsection. Such emergency closure may be effective for only so long as is necessary for the director or designee to comply with the publication and meeting requirements of this subsection. The director or designee shall ensure that any designated flying area closed to remote controlled aircraft flying is conspicuously posted as such at the entrance of the affected park area.
(((e) Except as provided in WAC 352-32-310,)) (5) Remote controlled aircraft may be flown in any state park area pursuant to written permission from the director or designee. In granting such permission, the director or designee may specify time, geographic, and elevation restrictions, and any other restrictions necessary to protect the public, park visitors or staff, or park resources. While operating a remote controlled aircraft pursuant to written permission under this subsection, the operator shall be in possession of a copy of the written permission and shall produce it upon request by parks staff. Permission granted by the director or designee to fly a remote controlled aircraft is subject to rescission as necessary to protect the public, park visitors or staff, or park resources.
(6) Any violation of this section ((or)), including any failure to abide by a conspicuously posted remote controlled aircraft flying ((rule)) restriction or failure to abide by the terms of written permission to fly remote controlled aircraft, is an infraction under chapter 7.84 RCW.
AMENDATORY SECTION (Amending WSR 00-13-070, filed 6/16/00, effective 7/17/00)
WAC 352-32-200 Expulsion from state park areas.
(1) In addition to the penalty provided in RCW 79A.05.165, or any other existing or future law of the state of Washington, violation of or failure to comply with any section of this chapter, or of any other chapter of this title, or any other rule or regulation of the commission, or with any other federal, state, or local law, rule, or regulation applicable under the circumstances, shall subject the person so violating or failing to comply to expulsion from any state park area((, for a period of time no less than forty-eight hours)). Any park ranger may expel a person from any state park area under the authority of this section by issuing the person a notice of expulsion.
(2) ((All drug or alcohol related misconduct for which a citation is issued shall additionally subject the individual to expulsion from all lands administered by the commission for the following periods:
(a) One incident shall result in a forty-eight-hour expulsion.
(b) Two incidents shall result in a thirty-day expulsion.
(c) Three incidents shall result in a one-year expulsion.)) A notice of expulsion shall:
(a) Be in writing and signed by the ranger issuing it.
(b) Contain the date of issuance and effective date, the violation that the person is alleged to have committed, a citation to the code, statute, or rule violated, and a description of the egregious nature of the violation warranting a deviation from the standard expulsion duration (if any).
(c) Specify the locations where the individual will be expelled from and the duration of the expulsion.
(d) Set out the method of appealing the notice, which shall also include the address where the appeal should be sent.
(e) Prominently display a warning of the consequences for failure to comply with the notice and state that a violation of the terms of the notice will constitute criminal trespass under chapter 9A.52 RCW.
(3) The person subject to expulsion need not be charged, tried, or convicted of any crime or be issued an infraction or have an in-fraction found committed in order for a notice of expulsion to be issued or effective. The issuing ranger need only establish that good cause existed to support the issuance of the notice of expulsion. "Good cause" means facts and circumstances which lead a ranger to believe that a person has violated, or through his or her actions or behaviors, intends to violate the rules of this chapter or any applicable state, local, or federal law or regulation.
(4) The period of expulsion shall be as follows, unless the issuing ranger deems a longer period of expulsion is warranted based on the egregiousness of the violation:
(a) First violation: Forty-eight hour expulsion.
(b) Second violation: Thirty day expulsion.
(c) Third violation: One year expulsion.
(5) A person subject to expulsion pursuant to this section may appeal the expulsion to the director by mailing a written statement of the basis for appeal, together with a copy of the expulsion notice, to the director within ten days of receipt of the notice of expulsion. The appeal shall be decided as a brief adjudicative appeal under RCW 34.05.482 through 34.05.494 and shall be decided by the director or designee. Unless the expulsion period expires, the expulsion shall remain in effect during the pendency of an appeal.
AMENDATORY SECTION (Amending WSR 13-17-037, filed 8/13/13, effective 9/13/13)
WAC 352-32-210 Consumption of alcohol in state park areas.
(1) ((Opening,)) Possessing alcoholic beverages ((in an open container,)) or consuming ((any)) alcoholic beverages in any state park or state park area is prohibited except in the following designated areas and under the following circumstances in those state parks or state park areas not posted by the director or designee as closed to alcohol pursuant to subsection (4) of this section:
(a) In designated campsites or in other overnight accommodations, by registered occupants or their guests; provided ELC users obtain written permission through state parks application process;
(b) In designated picnic areas, which shall include those sites within state park areas where picnic tables, benches, fireplaces, and/or outdoor kitchens are available, even though not signed as designated picnic areas and public meeting rooms;
(c) In any reservable group day use facility by any authorized group which has paid the reservation fee and applicable damage deposit and which has obtained prior permit authorization to have alcohol by the park manager; and
(d) In any building, facility or park area operated and maintained under a concession agreement, wherein the concessionaire has been licensed to sell alcoholic beverages by the Washington state liquor control board, and where the dispensation of such alcoholic beverages by such concessionaire has been approved by the commission.
(2) Possessing alcoholic beverage ((in an open container,)) or consuming any alcoholic beverages is prohibited at the following locations:
(a) Dash Point State Park;
(b) Saltwater State Park;
(c) Sacajawea State Park;
(d) Flaming Geyser State Park;
Except in the following designated areas and under the following circumstances:
(i) In designated campsites, or in other overnight accommodations by registered occupants or their guests.
(ii) In any building, facility or park area operated and maintained under a concession agreement wherein the concessionaire has been licensed to sell alcoholic beverages by the Washington state liquor control board, and where the dispensation of such alcoholic beverages by such concessionaire has been approved by the commission.
(iii) In any reservable group day use facility by any authorized group which has paid the reservation fee and applicable damage deposit and which has obtained prior permit authorization to have alcohol by the park manager.
(3) The director or designee may, for a specified period or periods of time, close any state park or state park area to alcohol if the director or designee concludes that an alcohol closure is necessary for the protection of the health, safety and welfare of the public, park visitors or staff, or park resources. The director or designee shall consider factors including but not limited to the effect or potential effect of alcohol on public and employee safety, park appearance, atmosphere, and noise levels, conflicts with other park uses or users, the demand for law enforcement, and the demand on agency staff. Prior to closing any park or park area to alcohol, the director or designee shall hold a public hearing in the general area of the park or park area to be closed to alcohol. Prior notice of the meeting shall be published in a newspaper of general circulation in the area. In the event the director or designee determines that an immediate alcohol closure is necessary to protect against an imminent and substantial threat to the health, safety and welfare of the public, park visitors or staff, or park resources, the director or designee may take emergency action to close a park or park area to alcohol without first complying with the publication and hearing requirements of this subsection. Such emergency closure may be effective for only so long as the imminent and substantial threat exists.
(4) The director or designee shall ensure that any park or park area closed to alcohol pursuant to subsection (3) of this section is conspicuously posted as such at the entrance to said park or park area. Additionally, the director or designee shall maintain for public distribution a current list of all parks and park areas closed to alcohol pursuant to subsection (3) of this section.
(5) Dispensing alcoholic beverages from containers larger than two gallons is prohibited in state park areas except when authorized in writing and in advance by the park manager.
(6) The provisions of this rule shall not apply to any part of the Seashore Conservation Area, as designated and established by RCW 79A.05.605.
(7) Opening, consuming, or storing alcoholic beverages in Fort Simcoe State Park and Squaxin Island State Park is prohibited.
(8) Any violation of this section is an infraction under chapter 7.84 RCW.
AMENDATORY SECTION (Amending WSR 08-24-006, filed 11/20/08, effective 12/21/08)
WAC 352-32-250 Standard fees charged.
Fees shall be charged in parks operated by the commission for use of lands, facilities, programs, services, and materials as published by state parks: Provided, however, That the commission may suspend any or all of these fees if revenues generated by the fees are not returned to the benefit of the parks: Provided further, That the director or designee has the authority to discount fees in order to take advantage of marketing opportunities to encourage use and increase revenues. Any such discounts shall be effective for a limited period of time up to one year in duration. The director or designee may consider the following factors in temporarily establishing or discounting fees:
Prevailing rates for comparable facilities;
Day of the week;
Season of the year;
Amenities of the park area and site;
Demand for facilities;
Low-income eligibility requirements as adopted by state parks; and
Such other considerations as the director or designee deems appropriate. The director or designee shall prescribe the specific details and manner in which fees shall be applied. The director or designee may also waive fees for marketing or promotional purposes or to redress visitor complaints. The director or designee may also establish temporary fees for a maximum of one year for new facilities or services. An administrative fee, as published by state parks, will be assessed for replacement of lost, damaged, or destroyed passes or permits.
(1) The director or designee may authorize reciprocity or cooperative arrangements with other state and/or federal agencies for the use of annual permits for like services, provided, that Washington licensed vehicles and/or residents shall be required to have and/or display the appropriate Washington permit or other permit as approved by the director or designee.
(2) Overnight camping - Standard campsite; utility campsite; emergency campsite; overflow campsite; hiker/biker campsite; walk-in campsite; primitive campsite for nonmotorized for motorized vehicle - Fees will be charged as published by state parks. Payment for utility campsite will be collected whether utility hookups are actually used or not, except when otherwise specified by a ranger.
(3) Overnight camping - Multiple campsites: Where campsites are designated and posted as a "multiple campsite," an individual may rent the multiple campsite by paying the multiple campsite fee and providing the required information on the occupants of the other sites. The multiple campsite fee will be calculated by multiplying the standard, utility or primitive campsite fee, as applicable, by the number of individual campsites to be used in the designated multiple campsite.
(4) Group camping area - Certain parks: Individual camping units using these facilities must pay campsite fees as published by state parks.
(5) Convenience camping - Fees will be charged for use of overnight accommodations such as yurts, cabins, platform tents, etc.
(6) Conference center facilities - Fees will be charged for use of facilities and services as set forth in the fee schedule published by state parks and will include, but not be limited to: Overnight accommodations in individual recreational housing units or dormitory units; use of meeting rooms, performance venues and rally areas; linen and janitorial services; group food services; and use of equipment, supplies, and staff time necessary to support group activities. Certain deposits, reservation and cancellation fees also apply as set forth in the fee schedule published by state parks and may not be refundable.
(7) Environmental interpretation:
(a) Service fees will be established by the director or designee in order to recover, to the maximum extent practicable, all direct and indirect costs of environmental interpretation services on a program-wide basis based on anticipated attendance.
(b) Material and publication fees will be established by the director or designee. All material and publication fees will be deposited in the parks improvement account to be used for purposes specified in RCW 79A.05.060.
(c) Facility use, including environmental learning center fees, will be established by the commission. A facility use fee schedule is available by contacting Washington State Parks and Recreation Commission, P.O. Box 42650, Olympia, WA 98504-2650.
(8) Adirondacks - Not to include those located in ELC areas: Occupancy shall be limited to the number of built-in bunks provided.
(9) Extra vehicle overnight parking fee will be charged for each additional unhitched vehicle or motorcycle in excess of the one recreational vehicle and its affiliated tow vehicle allowed at each campsite: Provided, An extra vehicle overnight parking fee shall not be imposed when:
(a) Up to four motorcycles occupy one campsite, exclusive of other vehicles, motorcycles, or recreation vehicles; or
(b) When the recreational vehicle and the ((towed)) affiliated tow vehicle arrive at the park ((hitched)) together, and after the camper has registered for and occupied the assigned campsite either the recreational vehicle or the ((towed)) affiliated tow vehicle remain parked at the campsite for the duration of the camper's stay.
(10) Unattended vehicle overnight parking permit: Unoccupied vehicles parked overnight in designated areas must register and pay the nightly permit fee. The permit must be prominently displayed in the vehicle.
(11) Watercraft launch permit fee shall be charged at designated facilities. Watercraft launch permit shall not be required for:
(a) Registered overnight guests in the park containing the watercraft launch;
(b) Persons holding limited-income senior citizen, disability or disabled veteran passes;
(c) Vehicles displaying a valid annual natural investment permit (watercraft launch) permit.
(12) Trailer dump station fee - Fee shall not be required for:
(a) Registered camping vehicles in the park containing the dump station;
(b) Vehicles of persons holding limited-income senior citizen, disability or disabled veterans passes;
(c) Vehicles displaying a valid annual natural investment permit.
(13) Variable pricing - Variable prices will apply for use of campsites and/or facilities during such periods as the director or designee may specify.
(14) Popular destination park - A surcharge will apply for use of standard or utility campsites located in a popular destination park during such periods as the director may specify.
(15) Water trail site fees - For one day/night will be set by the commission.
(16) In addition to the regular fee, a surcharge may be imposed for failure to pay the self-registration fee.
(17) Group day use facilities - A minimum daily permit fee will be charged for groups of 20 or more.
(18) Reservation transaction - Fees will be charged as published by state parks and are not refundable.
(19) Moorage facilities - Fee will be charged as published by state parks.
(20) Hot showers, electric stoves - Fees will be charged as published by state parks. Fees published by state parks do not apply in those circumstances set forth in WAC 352-32-280 and 352-32-285 as now or hereafter amended.
(21) Film permits and site location fees will be charged as outlined in chapter 352-74 WAC.
(22) Off-season pass fees will be charged as published by state parks.
(23) Administrative fees will be charged as published by state parks for the replacement of lost, stolen or destroyed passes and permits.
(24) Commercial recreation provider permit registration - a fee shall be charged, as published by state parks for registration as a commercial recreation provider.
(25) Commercial recreation provider permit - A fee shall be charged, as published by state parks for obtaining a permit to engage in commercial recreational use of state parks, as defined in WAC 352-32-010.
(26) Sno-park permit - Seasonal and daily permit fees will be charged as published by state parks.
(27) Special groomed trail permit - A statewide special groomed trail permit will be required for use of special groomed trail areas. The fee charged will be as published by state parks.
(28) Wood debris collection permit - Fee will be charged for collection and removal of wood debris from a state park area pursuant to RCW 4.24.210. The fee may be waived for volunteers assisting with emergency salvage and storm cleanup in the parks.
(29) Merchandise - Prices for merchandise including but not limited to interpretive, recreational and historic materials, literature, food, beverage, grocery and other items at agency operated sales points will be based on market rates and practices.
(30) Back country camping permit - Fee will be charged as published by state parks for selected state park areas as designated by the director.
(31) Group use registration - Fee will be charged for groups of a size to be specified in the fee schedule on a park by park basis who have not otherwise reserved group facilities.
(32) Special event - Fees will be charged based on the cost of providing events and market rates for comparable activities at other locations.
(33) Public assembly - Permit fees based on costs as indicated in WAC 352-32-165.
(34) Aquatic and other state park facilities - Fees will be charged as published by state parks.
(35) Checks dishonored by nonacceptance or nonpayment (NSF checks) - Handling fee and interest:
(a) A handling fee may be assessed consistent with the maximum amount allowed in the office of state procurement, department of general administration's state contract and as published by state parks for checks as defined by chapter 62A.3-104 RCW, dishonored by nonacceptance or nonpayment.
(b) Interest at the maximum rate allowable may be charged on the NSF check as defined by chapter 62A.3-515 RCW, and as published by state parks for a check not paid within fifteen days after a statutory notice of dishonor is sent to maker's last known address.
(36) Fees subject to certificate of participation (COP) and as determined by the commission.