Washington Administrative Code › Title 352 - Parks and Recreation Commission › Chapter 352-32 - Public use of state park areas › Section 352-32-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
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 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.
Statutory Authority:
			  RCW
			   79A.05.030,
			  79A.05.070,
			  79A.05.075, and
			  79A.05.065. 08-24-006, §
										352-32-010, filed 11/20/08,
			  effective 12/21/08. Statutory Authority:
			  Chapter
			  79A.05 RCW. 07-03-121,
			  §
										352-32-010, filed 1/22/07,
			  effective 2/22/07. Statutory Authority:
			  RCW
			   79A.05.030,
			  79A.05.035,
			  79A.05.070,
			  79A.05.165,
			  79A.05.605, and
			  79A.05.610. 05-24-030, §
										352-32-010, filed 11/30/05,
			  effective 12/31/05. Statutory Authority:
			  RCW
			   79A.05.030,
			  79A.05.035,
			  79A.05.055, and
			  79A.05.070. 05-01-069, §
										352-32-010, filed 12/9/04,
			  effective 1/9/05. Statutory Authority:
			  RCW
			   79A.05.030,
			  79A.05.070, and
			  79A.05.075. 04-01-067, §
										352-32-010, filed 12/12/03,
			  effective 1/12/04. Statutory Authority:
			  RCW
			   79A.05.030,
			  79A.05.070,
			  79A.05.075, and
			  79A.05.065. 02-19-069, §
										352-32-010, filed 9/13/02,
			  effective 10/14/02. Statutory Authority:
			  Chapter
			  79A.05 RCW, including
			  RCW
			   79A.05.030,
			  79A.05.035,
			  79A.05.055, and
			  79A.05.070. 00-13-070, §
										352-32-010, filed 6/16/00,
			  effective 7/17/00. Statutory Authority:
			  Chapter
			  79A.05 RCW and
			  RCW
			   79A.05.070. 00-01-201, §
										352-32-010, filed 12/22/99,
			  effective 1/22/00. Statutory Authority: RCW 43.51.040(2). 98-23-063, §
										352-32-010, filed 11/16/98,
			  effective 1/1/99. Statutory Authority: RCW 43.51.040. 98-04-065, §
										352-32-010, filed 2/2/98,
			  effective 3/5/98. Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050,
			  43.51.040 and 43.51.300. 97-21-133, §
										352-32-010, filed 10/21/97,
			  effective 1/1/98. Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050 and
			  43.51.040. 96-22-018, §
										352-32-010, filed 10/29/96,
			  effective 1/1/97. Statutory Authority: RCW 43.51.180. 96-02-015, §
										352-32-010, filed 12/21/95,
			  effective 1/21/96. Statutory Authority: RCW 43.51.040 and [43.51.]060.
			  95-22-067, §
										352-32-010, filed 10/30/95,
			  effective 1/1/96. Statutory Authority: RCW 43.51.060 and 43.51.395. 95-07-061,
			  §
										352-32-010, filed 3/13/95,
			  effective 4/13/95. Statutory Authority: RCW 43.51.040. 94-23-024, §
										352-32-010, filed 11/7/94,
			  effective 1/1/95. Statutory Authority: RCW 43.51.060. 94-08-036, §
										352-32-010, filed 3/31/94,
			  effective 5/1/94. Statutory Authority: RCW 43.51.040. 94-01-087, §
										352-32-010, filed 12/13/93,
			  effective 1/13/94; 93-08-025, §
										352-32-010, filed 3/30/93,
			  effective 5/1/93; 93-06-001, §
										352-32-010, filed 2/17/93,
			  effective 3/20/93; 91-09-001, §
										352-32-010, filed 4/4/91,
			  effective 5/15/91. Statutory Authority: RCW 43.51.040 and 43.51.060. 89-07-020
			  (Order 89-01), §
										352-32-010, filed 3/7/89.
			  Statutory Authority: RCW  46.10.040, 43.51.040 and 43.51.060. 87-24-032 (Order
			  102), §
										352-32-010, filed 11/24/87.
			  Statutory Authority: RCW 43.51.040 and 43.51.060. 87-08-008 (Order 100), §
										352-32-010, filed 3/23/87,
			  effective 5/15/87; 86-06-020 (Order 91), §
										352-32-010, filed 2/25/86;
			  81-09-034 (Order 50), §
										352-32-010, filed 4/14/81.
			  Statutory Authority: RCW 43.51.040. 80-14-009 (Order 48), §
										352-32-010, filed 9/22/80.
			  Statutory Authority: RCW 43.51.040 and 43.51.060. 80-05-007 (Order 45), §
										352-32-010, filed 4/4/80; Order
			  9, §
										352-32-010, filed
			  11/24/70.