Chapter 12.20 PARKS

This chapter shall constitute the park code of the city and is declared to be an exercise of the police power of the city and to be necessary for the public peace, health, safety and welfare. (Ord. 3794 § 2, 2013; Ord. 3676 § 5, 2008; prior code § 6.22.010)

12.20.020 Constitutionality.

If any part, provision or section of this chapter is held to be void or unconstitutional, all other parts not expressly so held shall continue in full force and effect. (Ord. 3794 § 2, 2013; Ord. 3676 § 5, 2008; prior code § 6.22.020)

12.20.030 Definitions.

A. The terms used in this chapter, unless inconsistent with the context of this chapter, shall be construed as follows:

1. “Board” means the park board of the city.

2. “Director” means the director of public works.

3. “Park” means and includes all city parks, public squares, bathing beaches, bicycle paths and play and recreation grounds under the jurisdiction of the city and includes all city ballfields and all city leased or rented school or private property when the same are being used for recreation.

4. “Superintendent” means the superintendent of parks and recreation or his designee.

B. Unless inconsistent with the context of this chapter, the present, past or future tenses shall be construed to be interchangeable and words in the singular number shall be construed to include the plural. (Ord. 3794 § 2, 2013; Ord. 3676 § 5, 2008; prior code § 6.22.030)

12.20.040 Agreements with nonprofit groups for ballfield use.

The city council may from time to time authorize the director to enter into an agreement or agreements on behalf of the city, the agreements not to exceed one year in duration, with any nonprofit group, organization or association to provide for the use of park ballfields or other similar facilities for organized or league sports, by such nonprofit group, organization or association. Such agreements shall specify the conditions under which such group, organization or association may use ballfields or facilities in organized or league activities and in connection therewith may include special provisions and regulations by which such nonprofit group, organization or association may post signs advertising league sponsors or supporters, may use loudspeakers in connection with and during league activities, may sell refreshments or operate concession stands in connection with and during league activities, and may add fill material to ballfields for use in wet weather. Such agreements may authorize such nonprofit group, organization or association to charge reasonable admission fees to league games or activities. Nothing in this chapter shall be construed to prevent any such agreement or agreements. (Ord. 3794 § 2, 2013; Ord. 3676 § 5, 2008; prior code § 6.22.200)

12.20.050 Camping.

It is unlawful to camp or remain overnight in any park except at places and at such times which may be set aside for such purposes by the director. (Ord. 3794 § 2, 2013; Ord. 3676 § 5, 2008; prior code § 6.22.120)

12.20.060 Concessions.

Except as provided in this chapter, it is unlawful to sell refreshments or merchandise or offer for sale refreshments or merchandise in any park without the written permission of the director or a concession contract with the city. (Ord. 3794 § 2, 2013; Ord. 3676 § 5, 2008; prior code § 6.22.090)

12.20.070 Destruction of park property.

It is unlawful to willfully destroy, mutilate or deface any structure, monument, statue, fountain, wall, fence, railing, vehicle, bench, shrub, tree, lawn or grass, plant, flower, lighting system or sprinkling system or other property lawfully in any park or ballfield. No foreign matter, such as sawdust or sand, may be added to any field in order to use the field in wet weather without the consent of the superintendent. (Ord. 3794 § 2, 2013; Ord. 3676 § 5, 2008; prior code § 6.22.050)

12.20.080 Dogs.

It is unlawful to suffer or permit any dog to run at large in any park or to enter any lake, pond, fountain or stream therein. For the purposes of this section, dogs must be on a leash or tether and under control of a responsible person while in any park. Further, it is unlawful to permit any dog or animal to defecate in any park in violation of Section 6.04.230. (Ord. 3794 § 2, 2013; Ord. 3676 § 5, 2008; prior code § 6.22.060)

12.20.090 Fires.

It is unlawful to build any fire in any park except in an area designated and so posted by the director. (Ord. 3794 § 2, 2013; Ord. 3676 § 5, 2008; prior code § 6.22.160)

12.20.095 Noise.

A. It is unlawful for any person to use, operate, or play or permit to be used, operated or played in any park any radio, tape player, television, musical instrument, record player or any other machine or device producing or reproducing sound at a volume that is audible at a distance over thirty feet therefrom, except pursuant to a permit issued by the director or for events provided or sponsored by the city.

B. Subject to park availability, the director may grant or grant with conditions a permit for an exception to subsection A of this section if the use of the sound amplification equipment:

1. Will not constitute a public nuisance;

2. Will not endanger the public health or safety;

3. Will not endanger public property; or

4. Is associated with an event that is open to the general public.

5. Complies with Section 9.08.010. (Ord. 3794 § 2, 2013)

12.20.100 Hours.

All city parks shall be open from 6:00 a.m. to dusk, except the skate park which shall be open from 7:00 a.m. to dusk. It is unlawful to enter or be in any park between dusk and 6:00 a.m. of any day, except when any park is opened between such hours by the director for a special occasion; provided, this section shall not prohibit persons from simply passing through any park. (Ord. 3794 § 2, 2013; Ord. 3717 § 1, 2009; Ord. 3676 § 5, 2008; prior code § 6.22.180)

12.20.110 Interference with city employees.

It is unlawful for any person to interfere with or in any manner hinder any employee or agent of the city while performing their official duties. (Ord. 3794 § 2, 2013; Ord. 3676 § 5, 2008; prior code § 6.22.210)

12.20.120 Intoxicating liquor.

It is unlawful to consume in any park any whiskey, wine, beer or other intoxicating liquor except as may be permitted under a license or permit issued by the State Liquor Control Board and authorized by the city manager or his or her designee. (Ord. 3830 § 1, 2014; Ord. 3794 § 2, 2013; Ord. 3676 § 5, 2008; prior code § 6.22.170)

12.20.125 Tobacco and cannabis prohibited.

The smoking of tobacco or cannabis products is prohibited in all city parks except that smoking of tobacco is allowed in designated areas. The designated areas where tobacco use is allowed shall be the parking areas within the city parks and such other areas as the director may designate by posting signage. (Ord. 3794 § 2, 2013; Ord. 3777 § 1, 2012)

12.20.130 Littering.

It is unlawful to throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk or advertising matter in any park or to deposit any such material therein except in designated receptacles. (Ord. 3794 § 2, 2013; Ord. 3676 § 5, 2008; prior code § 6.22.140)

12.20.140 Racing.

It is unlawful to engage in, conduct or hold any trials or competitions for speed, endurance or hill climbing involving any vehicle, boat, aircraft or animal in any park. (Ord. 3794 § 2, 2013; Ord. 3676 § 5, 2008; prior code § 6.22.150)

12.20.150 Signs.

It is unlawful to place or erect any sign board, sign, billboard or device of any kind for advertising in any park without the prior consent of the park board. It is unlawful to post any other sign or decoration or erect any structure in any park without the prior consent of the park board. (Ord. 3794 § 2, 2013; Ord. 3676 § 5, 2008; prior code § 6.22.040)

12.20.155 Skate park rules.

1. This facility is used by both experienced and inexperienced skaters. Serious injury or death may result from being hit by a skateboard, falling or colliding. The City of Kelso does not assume responsibility for injuries. SKATE AT YOUR OWN RISK! This skate park is NOT supervised.

2. The use of protective equipment, including helmets, knee and elbow pads, and wrist guards, is strongly recommended.

3. Do not litter.

4. Alcohol, tobacco products, and illegal substances are prohibited.

5. Glass containers are prohibited.

6. Modifications to skate park structures are prohibited.

7. Addition of any obstacles or other structures is prohibited.

8. Motorized vehicles are prohibited.

9. Spectators in the skating area are prohibited.

10. Skating in parking area or areas outside the skating area is prohibited.

Officials of the City of Kelso shall have the authority to eject from the park any person engaging in unlawful behavior on park property, and may further eject any person from returning to the park for a period of seven days. Any person in violation of a trespass order shall be guilty of criminal trespass in the second degree, subject to Kelso Municipal Code 12.20.

In case of an emergency – call 9-1-1.

For maintenance issues – call (360) 577-7119.

(Ord. 3794 § 2, 2013; Ord. 3717 § 1, 2009)

12.20.160 Solicitation.

It is unlawful for any person to act as a peddler or solicitor, or sell or offer for sale any merchandise or service, or to seek or solicit donations or operate or use any loudspeakers in any park without a written permit issued by the city. (Ord. 3794 § 2, 2013; Ord. 3676 § 5, 2008; prior code § 6.22.080)

12.20.170 Sports.

It is unlawful to practice or play golf, baseball, softball, football, archery, soccer, hockey, tennis, badminton or other games of like character or to hurl or propel any airborne or other missile in such a manner as to interfere with other park users, except in those areas designated for such usage by the director. (Ord. 3794 § 2, 2013; Ord. 3676 § 5, 2008; prior code § 6.22.130)

12.20.180 Watercraft.

It is unlawful to have, keep or operate any boat, float, raft or other watercraft in or upon any slough, river or creek within the limits of any park, or to land the same at any point upon the shores thereof bordering upon any park, except at places set apart for such purposes by the board and so designated by signs and except in a case of an emergency. (Ord. 3794 § 2, 2013; Ord. 3676 § 5, 2008; prior code § 6.22.100)

12.20.190 Weapons and fireworks.

Fireworks, bows, arrows, and slingshots are prohibited in any park. It is unlawful to shoot, fire or explode any firearms, fireworks, firecracker, torpedo or explosive of any kind or to shoot or fire any air gun, BB gun, pellet gun, bow and arrows, or use any slingshot in any park; provided, the proper authorities, with the consent of the director of parks, may issue permits for use of safe and sane fireworks in specified areas where fire hazards will not be increased and where the use of the fireworks will be under proper supervision and fireworks displays may be permitted upon securing of a proper permit pursuant to state law and other city ordinances; provided further, this section shall not prevent establishment in any park of a properly designated archery range or course. (Ord. 3794 § 2, 2013; Ord. 3676 § 5, 2008; prior code § 6.22.070)

12.20.200 Vehicle operation.

It is unlawful to ride or drive any bicycle, motor vehicle, horse or pony over or through any park except along and upon the park drives, parkways, park boulevards and/or appropriately marked paths, or at a speed in excess of fifteen miles per hour, or to stand or park any vehicle except in areas designated and posted by the director. Any car parked in an area not designated by the director for parking, or otherwise parked in violation of this chapter or in such a way as to obstruct traffic, or any car which is apparently abandoned in any park, may be summarily removed and impounded upon order of the director. (Ord. 3794 § 2, 2013; Ord. 3676 § 5, 2008; prior code § 6.22.110)

12.20.210 Violation—Penalty.

Violation of or failure to comply with the provisions of this chapter shall constitute a misdemeanor and be punished as provided in the ordinances of the city. (Ord. 3794 § 2, 2013; Ord. 3676 § 5, 2008; prior code § 6.22.230)

12.20.220 Violation—Prosecution.

Anyone concerned in the violation of this chapter, whether directly committing the act or omitting to do the thing constituting the offense, or who aids or abets the same, is and shall be a principal under the terms of this chapter and shall be proceeded against and prosecuted as such. (Ord. 3794 § 2, 2013; Ord. 3676 § 5, 2008; prior code § 6.22.190)