Federal Way's Public Conduct: The Rules That Matter

Every city handles public conduct a little differently. In Federal Way, Washington, there are 6 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Loitering Rules

Federal Way makes it unlawful to loiter near any public place under circumstances that manifest intent to engage in drug-related activity under FWRC 6.10.090. Police weigh factors like known drug convictions, acting as a lookout, or fleeing at the sight of an officer, and a violation is a misdemeanor.

Key details: Governing section: FWRC 6.10.090. Offense level: Misdemeanor. Statutes referenced: Chapters 69.41, 69.50, 69.52 RCW. Key factor examples: Lookout behavior, prior conviction, flight. Enforced by: Federal Way Police Department.

A violation of FWRC 6.10.090 is a misdemeanor, not a civil infraction, so it carries the possibility of jail time and a criminal record rather than just a fine. Officers build the case on the totality of the listed circumstances, such as a prior drug conviction, acting as a lookout, fleeing on sight of police, or being in a location law enforcement already knows for drug trafficking.

This is not one of those rules that cities tend to ignore. Federal Way actively enforces its loitering rules requirements.

Public Marijuana Use

Federal Way enforces the state ban on public marijuana use by adopting RCW 69.50.445 by reference in FWRC 6.10.030, making it unlawful to open or consume a package of marijuana, useable marijuana, or a marijuana-infused product in view of the general public. City police cite the offense the same as any other drug statute adopted under this chapter.

Key details: Adopting section: FWRC 6.10.030. State statute adopted: RCW 69.50.445. Covers: Marijuana, useable marijuana, infused product. Definitions source: Chapter 69.50 RCW first, FWRC 6.10.120. Enforced by: Federal Way Police Department.

Because RCW 69.50.445 is adopted wholesale under FWRC 6.10.030, opening or consuming a marijuana product in view of the general public carries whatever penalty the state statute sets, prosecuted as a Federal Way municipal offense rather than a separate county charge. Federal Way police can cite for the violation directly, and it sits alongside the chapter's other adopted drug offenses, including unlawful possession under RCW 69.50.4013.

Public Urination

Federal Way makes it a misdemeanor to intentionally urinate or defecate in public under FWRC 6.45.090. The Public Morals chapter bars the act anywhere other than a washroom or toilet room, and it applies even without an actual witness, so long as the location and circumstances mean the act could be observed by the public.

Key details: Citation: FWRC 6.45.090. Chapter: Public Morals (FWRC 6.45). Classification: Misdemeanor. Penalty: Up to $1,000 fine, 90 days jail (FWRC 1.10.010). Standard: Applies if act 'could be observed,' no witness required.

A citation for urinating in public in Federal Way is a misdemeanor charge under FWRC 6.45.090(2), prosecuted like any other Code misdemeanor. Because the section names no separate punishment, FWRC 1.10.010's general penalty applies: up to a $1,000 fine, up to 90 days in jail, or both. There is no warning requirement built into 6.45.090 itself, unlike the pedestrian-interference section in the same title.

Public Alcohol Use

Federal Way bans using or possessing alcohol, even an unopened container, in any city park. Organized groups can get around the ban only with a director's permit and, if required, state liquor board approval.

Key details: Scope: Any city park, open or unopened containers. Group exception: Director permit, plus state liquor board if required. Penalty basis: RCW 66.44.100 via FWRC 6.10.010. Default fine: Up to $1,000, 90 days jail. Added consequence: Park expulsion 1-7 days.

A violation of FWRC 4.05.140 is punished under RCW 66.44.100 as adopted by FWRC 6.10.010, and separately, FWRC 4.05.040 makes any park chapter violation unlawful under the Code's general misdemeanor penalty in FWRC 1.10.010, up to a $1,000 fine, up to 90 days in jail, or both. A person violating the alcohol ban can also be expelled from the park for one to seven days under FWRC 4.05.050, or longer for repeat offenses.

Skateboarding Rules

Federal Way lets the parks director post signs that ban skateboards, bicycles, coasters, and skates in specific park areas, and riding where posted is unlawful. In the city's designated skate facility, an adult must accompany skaters under age eight and BMX bikes are barred, while motorized foot scooters need a posted go-ahead under Chapter 8.20 FWRC.

Key details: Governs: City park property only, not city streets. Posted areas: Riding banned where director posts notice. Skate facility age rule: Adult must accompany skaters under age 8. BMX/bicycles: Not allowed in designated skate facility. Motorized scooters: Banned on park property unless marked.

Riding a bicycle, coaster, skates, or skateboard in a park area posted as off-limits, or operating a motorized foot scooter on park property without a posted allowance, violates FWRC 4.05.360 and is enforced as a chapter violation under FWRC 4.05.040. Because this section sets no separate fine schedule, a violation defaults to the general misdemeanor penalty in FWRC 1.10.010: up to a $1,000 fine, up to 90 days in jail, or both. The director can also expel a violator from city parks for one to seven days under FWRC 4.05.050.

Outdoor Smoking Restrictions

Federal Way bans smoking and vaping in city parks, facilities, and restrooms outright, and bars tobacco or vapor use within 50 feet of covered picnic shelters, swimming beaches, playgrounds, athletic fields, spectator areas during games, or concession areas under FWRC 4.05.370. Smoking indoors is likewise barred except where a building posts a designated area.

Key details: Buffer distance: 50 feet from picnic shelters, fields, playgrounds. Covered outdoor areas: Beaches, athletic fields, concession areas. Indoor buildings: Smoking banned except posted areas. Devices covered: Tobacco and vaping devices both banned. Cross reference: Indoor city buildings: Chapter 4.10 FWRC.

Smoking or vaping tobacco within a city park, facility, or restroom, or within 50 feet of a covered picnic shelter, swimming beach, playground, athletic field, spectator area, or concession stand, violates FWRC 4.05.370 and FWRC 4.05.040. As with other park code violations, the general misdemeanor penalty in FWRC 1.10.010 applies: up to a $1,000 fine, up to 90 days in jail, or both, with each day of a continuing violation treated as a separate offense. Repeated or disruptive violations can also draw a one to seven day park expulsion under FWRC 4.05.050.

This is not one of those rules that cities tend to ignore. Federal Way actively enforces its outdoor smoking restrictions requirements.

The Bottom Line

Federal Way is tougher than many cities when it comes to public conduct. Out of the 6 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Federal Way, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

This guide is based on Federal Way's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.