Chapter 13.01
PARK USE REGULATIONS

Sections:

13.01.005    Definitions.

13.01.010    City-owned lakes – Boats for hire.

13.01.015    City-owned lakes – Certain engine-powered boats prohibited – Exceptions in connection with city-wide celebrations.

13.01.017    Overnight moorage prohibited.

13.01.020    Bathing.

13.01.030    Destruction of property by animals – Owner responsibility.

13.01.040    Public comfort stations.

13.01.050    Hours of park closure.

13.01.060    Prohibited areas.

13.01.062    Placing obstacles in park.

13.01.063    Tobacco prohibited.

13.01.065    Riding of bicycles prohibited in certain area of Lake Sacajawea Park on July 4th.

13.01.067    Repealed.

13.01.070    Displays and sales.

13.01.080    Park officers and employees not affected.

13.01.090    Fireworks prohibited.

13.01.095    Building wood or charcoal fires prohibited.

13.01.100    Domestic animals and exotic animals prohibited.

13.01.110    Animals prohibited in certain areas.

13.01.115    Animals prohibited in certain area of Lake Sacajawea Park on July 4th.

13.01.120    Dogs and other animals deemed nuisance.

13.01.130    Animal waste.

13.01.140    Teasing, annoying or injuring animals prohibited.

13.01.145    Game refuge, sanctuary, or reserve – Disturbance of wildlife.

13.01.150    Large animal control.

13.01.170    Trespassing.

13.01.180    Parking of motor vehicles.

13.01.190    Possession or consumption of alcoholic beverages in public parks.

13.01.200    Sound amplification equipment prohibited.

13.01.210    Soliciting.

13.01.220    Ball games and other sports.

13.01.400    Penalties.

13.01.005 Definitions.

(1) The terms used in this chapter, unless clearly contrary to or inconsistent with the context in which used, shall be construed as follows:

(a) “At large” means an animal off or outside of the premises belonging to its owner or keeper and not in the company of and under the control of its owner or keeper.

(b) “Child” means a person 10 years of age and under.

(c) “Director” means the city director of parks and recreation or his/her designee.

(d) “Disability” means that as defined under the Americans with Disabilities Act of 1990, codified at 42 U.S.C. 12101 et seq.

(e) “Dog guide” means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing-impaired persons.

(f) “Park” means and includes all public parks, public squares, golf courses, bathing beaches, and play and recreation grounds within the city limits, and includes all city ball fields and all city-leased or -rented schools or private property when the same are being used for public recreation.

(g) “Service animal” means an animal that is trained for the purposes of assisting or accommodating a disabled person’s sensory, mental, or physical disability.

(h) “Special event(s)” shall be as defined in Chapter 7.40 LMC.

(2) Whenever consistent with the context of this chapter, words in the present, past or future tenses shall be construed to be interchangeable with each other and the words in the singular number shall be construed to include the plural. (Ord. 3110 § 1, 2009; Ord. 2373 § 1, 1989. Formerly 7.36.005).

13.01.010 City-owned lakes – Boats for hire.

It is unlawful for any person to rent or have for hire any boat or water conveyance for operation on any lake owned by the city without securing a permit or other written approval from the city. (Ord. 3110 § 1, 2009; Ord. 2422 § 1, 1990; Ord. 1638 § 1, 1973. Formerly 7.36.010).

13.01.015 City-owned lakes – Certain engine-powered boats prohibited – Exceptions in connection with city-wide celebrations.

It is unlawful to operate any internal-combustion-engine-powered boat on any city-owned lake. Electric outboard motors, three horsepower or less, may be used to propel boats on city-owned lakes. This section shall not apply to boats operated by city employees or agents for lake maintenance purposes, or to boats operated by the Washington State Department of Wildlife. This section shall also not apply to remote-control model boats which are powered by internal combustion gasoline engines. (Ord. 3110 § 1, 2009; Ord. 2698 § 1, 1998; Ord. 2422 § 2, 1990. Formerly 7.36.015).

13.01.017 Overnight moorage prohibited.

It is unlawful for any person to moor a watercraft overnight in any park, except by permit of the director. (Ord. 3110 § 1, 2009).

13.01.020 Bathing.

It is unlawful for any person to wade, swim, or bathe in any city park lake except in places designated by the park superintendent for such purposes. (Ord. 3110 § 1, 2009; Ord. 2040 § 1, 1981; Ord. 1638 § 2, 1973. Formerly 7.36.020).

13.01.030 Destruction of property by animals – Owner responsibility.

The owner of any animal damaging or destroying park property will be held liable for the full value of the property so damaged or destroyed, in addition to any animal impounding fees and penalties otherwise lawfully imposed. (Ord. 3110 § 1, 2009; Ord. 1638 § 3, 1973. Formerly 7.36.030).

13.01.040 Public comfort stations.

(1) No male person, other than a child with its mother, or a park employee in the discharge of his regular duties, shall enter a public park comfort station marked “women,” or stand or remain about the entrance to any such comfort station. No female person, other than a child with its father, or a park employee in the discharge of her regular duties, shall enter a public park comfort station marked “men,” or stand or remain about the entrance to any such comfort station. However, a person of the opposite gender may assist a disabled person in using a comfort station regardless of the designation of the comfort station as “men” or “women.”

(2) The following acts are unlawful:

(a) For any person to blow, spread or place any nasal or other bodily discharge, or spit, urinate or defecate on the floors, walls, partitions, furniture, fittings, or any portion of any public park comfort station or in any place in such station, except directly into the particular fixture provided for that purpose;

(b) For any person to stand or climb on any public water closet, toilet, toilet seat, basin, partition or other furniture or fitting located in any public park comfort station;

(c) For any person to interfere with any park attendant in the discharge of his or her duties;

(d) For any person to use towels, soap, toilet paper, or any other facilities provided in a public park comfort station in any improper or wasteful manner;

(e) For any person to place or deposit refuse or any other materials in any basin, toilet, sink, fountain, or other container in a public park not provided for such purpose, or in any manner to obstruct the regular flow of water in any such toilet, sink, basin, or fountain. (Ord. 3110 § 1, 2009; Ord. 1638 § 4, 1973. Formerly 7.36.040).

13.01.050 Hours of park closure.

It is unlawful for any person to be in any public park at any time between the hours of 10:00 p.m. and 5:00 a.m. of the following morning, except from June 1st through Labor Day between the hours of 11:00 p.m. and 5:00 a.m. of the following morning, or as provided in Chapter 7.29 LMC, without written approval of the director except under the following circumstances:

(1) Vehicular traffic crossing such park on a park roadway;

(2) Pedestrians crossing through such park;

(3) Participants or spectators of athletic contests in park areas floodlighted for those contests, or at other events authorized by the city council;

(4) People using the path around Lake Sacajawea for purposes of walking and running only;

(5) People using a boat launch to launch or retrieve his/her boat at Gerhart Gardens; or

(6) People exercising their dog(s) at Gerhart Gardens Dog Park. (Ord. 3146 § 2, 2010; Ord. 3110 § 1, 2009; Ord. 1638 § 5, 1973. Formerly 7.36.050).

13.01.060 Prohibited areas.

(1) No person shall ride, drive or walk on such parts or portions of the parks or pavement therein which are closed to public travel by duly erected signs or barriers or interfere with, damage or destroy any such signs or barriers.

(2) No person shall enter any building, enclosure, or place within any of the public parks upon which the words “no admittance” shall be displayed or posted by sign, placard, or otherwise, without the consent of the director.

(3) In case of an emergency, or in any case where life and property are endangered, all persons, if requested to do so by the director, or when directed by any officer of the Longview police department, shall immediately depart from the portion of the grounds specified by such officer or employee and shall remain off the same until permission is given to return. (Ord. 3110 § 1, 2009; Ord. 1638 § 6, 1973. Formerly 7.36.060).

13.01.062 Placing obstacles in park.

It shall be unlawful for any person to place any obstacle whatsoever in any park or playground in the city except by the permission in writing of the director, or the city manager, except for those items of a temporary nature to promote the intended use of the park for picnics and other activities, such as lawn chairs, blankets, etc., but at no time shall the use of such obstacles exceed any eight-hour period of time unless for a special event as defined in Chapter 7.40 LMC. (Ord. 3125 § 3, 2010; Ord. 2122 § 1, 1983. Formerly 10.32.020).

13.01.063 Tobacco prohibited.

(1) The use of tobacco products is prohibited on the grounds of the Longview Public Library, the Longview Community Garden and in all parks of the city (this does not include the Mint Valley Golf Course), except for areas designated as a “tobacco permitted area” by signs posted by the city in the following parks:

(a) Lake Sacajawea;

(b) Roy Morse Park;

(c) John Null Park;

(d) Seventh Avenue Park;

(e) Gerhart Gardens Park.

Provided, that this prohibition shall not apply to designated parking areas.

(2) For purposes of this section, “tobacco products” shall be defined as set forth in RCW 70.155.010 as now in existence or later amended. (Ord. 3217 § 1, 2012; Ord. 3142 § 1, 2010).

13.01.065 Riding of bicycles prohibited in certain area of Lake Sacajawea Park on July 4th.

It shall be a Class IV civil infraction to ride a bicycle within the area of Lake Sacajawea Park bounded by Washington Way, Louisiana Street, Kessler Boulevard and Nichols Boulevard between the hours of 8:00 a.m. and midnight on the fourth day of July; provided, however, this section shall not be applicable to bicycles ridden by on-duty law enforcement personnel. (Ord. 3110 § 1, 2009; Ord. 2827 § 1, 2002. Formerly 7.36.065).

13.01.067 Works of art.

Repealed by Ord. 3172. (Ord. 3110 § 1, 2009).

13.01.070 Displays and sales.

(1) It is unlawful for any person to display advertisements or articles for sale on or within any public park without the prior written permission of the director.

(2) It is unlawful for any group or organization to use any public park within the city for any promotion, concert, show, sale or display of merchandise, or food stands, without the prior written permission of the director, as outlined in Chapter 7.40 LMC. (Ord. 3110 § 1, 2009; Ord. 2966 § 1, 2006; Ord. 2963 § 1, 2006; Ord. 1638 § 7, 1973. Formerly 7.36.070).

13.01.080 Park officers and employees not affected.

Nothing contained herein shall prevent the performance of any act or service by the park officers or employees which has been duly authorized by the director. (Ord. 3110 § 1, 2009; Ord. 1638 § 8, 1973. Formerly 7.36.080).

13.01.090 Fireworks prohibited.

Except as allowed by a permit for a public display of fireworks, it shall be unlawful for any person to possess, ignite, explode or discharge fireworks of any description in any of the public parks within the city. (Ord. 3110 § 1, 2009; Ord. 2086 § 1, 1982. Formerly 7.36.090).

13.01.095 Building wood or charcoal fires prohibited.

It is unlawful to build any wood or charcoal fires in any park except by a written permit approved by the director. (Ord. 3110 § 1, 2009).

13.01.100 Domestic animals and exotic animals prohibited.

Except for dogs and domestic cats, and domestic animals (as defined in LMC 6.06.010) weighing less than 60 pounds, it is unlawful for the owner, keeper or possessor of any domestic animal, as defined in LMC 6.06.010, or exotic animal, as defined in LMC 6.06.400, to cause, permit or allow such domestic or exotic animal to be in any public park in the city. (Ord. 3110 § 1, 2009; Ord. 2694 § 1, 1998; Ord. 2373 § 2, 1989. Formerly 7.36.100).

13.01.110 Animals prohibited in certain areas.

It is unlawful for the owner or keeper of any domestic animal (as defined in LMC 6.06.010) to cause, permit, or allow such domestic animal to enter any public beach, fountain, organized athletic area, sports field, children’s playground equipment area, or city golf course except in such locations that are specifically designated as “pet areas”; provided, however, that this section shall not apply to dog guides or service animals and dogs in the performance of law enforcement activities. (Ord. 3110 § 1, 2009; Ord. 2373 § 3, 1989. Formerly 7.36.110).

13.01.115 Animals prohibited in certain area of Lake Sacajawea Park on July 4th.

It shall be a Class IV civil infraction for the owner or keeper of any domestic animal to cause, permit or allow such domestic animal to be within the area of Lake Sacajawea Park bounded by Washington Way, Louisiana Street, Kessler Boulevard and Nichols Boulevard between the hours of 8:00 a.m. and midnight on the fourth day of July; provided, however, this section shall not be applicable to animals that are a part of a concession permitted to occur in Lake Sacajawea Park, dog guides, service animals or dogs owned by a governmental agency for use in connection with law enforcement. (Ord. 3110 § 1, 2009; Ord. 2893 § 1, 2004. Formerly 7.36.115).

13.01.120 Dogs and other animals deemed nuisance.

The director may ban dogs and other animals from areas of any park where it is determined the same may be a nuisance. The following dogs or other animals, in addition to those designated in LMC 13.01.150, are declared to be a nuisance:

(1) Any dog or other animal which chases or habitually or frequently runs after, snaps at or jumps at or upon any person, or runs after and chases any animals or fowl;

(2) Any dog or other animal which by frequent or habitual howling, yelping or barking annoys or disturbs a neighborhood or the quiet and repose of several persons;

(3) Any dog or other animal continually or habitually at large;

(4) Any dangerous or potentially dangerous dog as defined in Chapter 6.06 LMC;

(5) Any dog or other animal which destroys, defaces or disturbs public or private property or landscaping;

(6) Any female dog or other animal which is not on a leash held by the owner or keeper during its mating period. (Ord. 3110 § 1, 2009; Ord. 2373 § 4, 1989. Formerly 7.36.120).

13.01.130 Animal waste.

It is unlawful for the owner or custodian of any dog or other animal to permit, either willfully or by failure to exercise due care, such animal to commit a public nuisance by defecating in any park. It shall be a defense to a charge under this section that such owner or custodian of the dog or other animal immediately remove and properly dispose of the feces deposited by the dog or other animal. (Ord. 3110 § 1, 2009; Ord. 2373 § 5, 1989. Formerly 7.36.130).

13.01.140 Teasing, annoying or injuring animals prohibited.

It is unlawful for any person in any park in any manner to tease, annoy, disturb, molest, catch, injure, kill, feed or throw any stone, missile, or fireworks of any kind at or strike with any stick or weapon any animal, bird or fowl; or to encourage or direct any animal to tease, annoy, disturb, molest, catch, injure or kill any other animal or fowl. This section shall not be interpreted as to make it unlawful for any owner or custodian of a domestic animal to feed and/or play with such animal in any park. (Ord. 3110 § 1, 2009; Ord. 2373 § 6, 1989. Formerly 7.36.140).

13.01.145 Game refuge, sanctuary, or reserve – Disturbance of wildlife.

It is unlawful to enter any area in a park or on city property that is designated and posted by the city as a game refuge, sanctuary, reserve or wetlands; or to molest or disturb wildlife or the nest or breeding place. (Ord. 3110 § 1, 2009).

13.01.150 Large animal control.

It is unlawful for any owner, keeper or possessor having control thereof to allow or permit any horse or other large animal to enter or remain upon any public park property. Any animal which enters or remains upon any public park property contrary to these provisions is declared to be a public nuisance and may be impounded as such; provided, that the provisions of this section shall not apply to any law enforcement use or controlled animal show trial or class held upon any public park property pursuant to authority granted by the director. A “large animal,” for the purposes of this section, is defined as any animal weighing over 200 pounds or an animal which is commonly known as a farm animal. (Ord. 3110 § 1, 2009; Ord. 2694 § 2, 1998; Ord. 2373 § 7, 1989. Formerly 7.36.150).

13.01.170 Trespassing.

It is unlawful for any person except an authorized city employee in the performance of his/her duties, or other person duly authorized pursuant to law, to enter or go upon any area which has been designated and posted by the director as a “No Admittance” or “No Trespassing” area or during any time during which the park is posted as being closed to the public. Violation of this section shall be considered a criminal violation as provided in LMC 9.16.070 and 9.16.080. (Ord. 3110 § 1, 2009).

13.01.180 Parking of motor vehicles.

It shall be a Class III civil infraction for any person to drive or park any automobile or other vehicle within the area of any park or public playground in the city, except on areas clearly designated or dedicated as motor vehicle areas. Driving of motor vehicles within such area or areas shall be limited to that necessary for parking purposes. It is further unlawful to leave a vehicle unattended in any park or parking lot between the hours of 10:00 p.m. and 5:00 a.m. of the following morning, except from June 1st through Labor Day between the hours of 11:00 p.m. and 5:00 a.m. of the following morning, except for the sole purpose of carrying out the activities outlined in LMC 13.01.050(1) through (6). Provided, however, this section shall not apply to persons that have obtained a written permit to park for specific events from the director; the operation or parking of a vehicle that is not in strict conformity with any such written permit shall be a violation of this section and a Class III civil infraction. Any vehicle parked in violation of this section may be impounded by the city. (Ord. 3125 § 2, 2010; Ord. 3110 § 1, 2009).

13.01.190 Possession or consumption of alcoholic beverages in public parks.

It is unlawful for any person to consume or possess any unsealed or opened container of alcoholic beverage in a public park; provided, this prohibition shall not apply to organized groups which have secured a permit from the director and, if required, from the Washington State Liquor Control Board. Violation of any of the provisions of this section is a misdemeanor, and may be punished by a fine of not more than $1,000 or by imprisonment not to exceed 90 days or by both such fine and imprisonment. (Ord. 3110 § 1, 2009).

13.01.200 Sound amplification equipment prohibited.

(1) 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 30 feet therefrom, except pursuant to a permit issued by the director or for events provided or sponsored by the city.

(2) Subject to park availability, the director may grant or grant with conditions a permit for an exception to subsection (1) of this section if the use of the sound amplification equipment:

(a) Will not constitute a public nuisance;

(b) Will not endanger the public health or safety;

(c) Will not endanger public property; or

(d) Is associated with an event that is open to the general public. (Ord. 3110 § 1, 2009).

13.01.210 Soliciting.

It is unlawful for any person to solicit, sell or peddle any goods, services, wares, merchandise, liquids or edibles for human consumption in any park, except by permit issued by the director. (Ord. 3110 § 1, 2009).

13.01.220 Ball games and other sports.

It is unlawful to practice or play golf, baseball, lacrosse, archery, or other games of like character, that endanger the enjoyment or safety of other people while in the park or hurl or propel any engine or chemically propelled missiles or planes, except at places set apart for such purposes by the director and so designated by signs. (Ord. 3110 § 1, 2009).

13.01.400 Penalties.

(1) Criminal Penalties. Any violations of this chapter that may meet the criteria of a criminal act, such as theft, malicious mischief or other applicable crime, shall be referred to the Longview police department for investigation and charges. The penalties for such criminal act shall be that as set forth in the applicable laws of the Longview Municipal Code or state of Washington.

(2) Civil Penalties. Any violations not otherwise determined to be a “criminal act” shall be processed in accordance with Chapter 1.33 LMC. To supplement that chapter, civil penalties for violation of this chapter shall be as follows:

(a) Basic initial penalty of $200.00 per violation, plus restitution, if any, except as otherwise stated.

(b) Additional initial penalties and/or offset of such penalties as provided in LMC 1.33.430. (Ord. 3110 § 1, 2009).