Chapter 12.30
PARK RULES AND REGULATIONS
Sections:
12.30.030 Rules and regulations.
12.30.040 Public use encouraged.
12.30.010 Definitions.
As used in this chapter, the following definitions shall apply:
A. “Park” means any publicly or privately owned real property placed under the jurisdiction of the city, the city parks committee or designate for park or recreational purposes, including all land granted to the city for such purposes.
B. “Parks committee” means the parks and recreation advisory committee established by Chapter 2.16 FMC. (Ord. 1-2014 § 1 (Att. A); Ord. 10-2010 § 2 (Att. 2); Ord. 7-2002 § 1; Ord. 4-1984 § 1)
12.30.020 Council authority.
The Fairview city council, except as herein otherwise provided, shall have the general management and supervision of all parks, squares, openings and public grounds surrounding public buildings now owned or hereafter acquired by the city, and also the power to regulate and control the planting, trimming, growing, use, preservation and maintenance of all shade or ornamental trees, shrubs, plants or flowers in, upon or over any street, boulevard, path or sidewalk of the city. (Ord. 1-2014 § 1 (Att. A); Ord. 10-2010 § 2 (Att. 2); Ord. 7-2002 § 1; Ord. 4-1984 § 2)
12.30.030 Rules and regulations.
The city council may by resolution adopt such rules and regulations for the use, management and supervision of the parks, squares, openings, public grounds and grounds surrounding public buildings or other places of recreation now belonging or hereafter acquired by the city as may be reasonable or necessary. Such rules and regulations shall be consistent with the provisions of the City Charter and other pertinent city ordinances and in accordance with Chapter 2.16 FMC. (Ord. 1-2014 § 1 (Att. A); Ord. 10-2010 § 2 (Att. 2); Ord. 7-2002 § 1; Ord. 4-1984 § 3)
12.30.040 Public use encouraged.
City parks are maintained for the recreation of the public and for the benefit of the citizens and inhabitants of the city of Fairview and the greatest possible use thereof is encouraged, subject only to such regulations as will preserve the parks and public areas for purposes for which they are laid out and the enjoyment, convenience and safety of all concerned. (Ord. 1-2014 § 1 (Att. A); Ord. 10-2010 § 2 (Att. 2); Ord. 7-2002 § 1; Ord. 4-1984 § 4)
12.30.050 Park permits.
It shall be unlawful for any person or organization or association to conduct or participate in any organized entertainment, demonstration or public gathering or to make any address in a park without the written permission of the city manager or designate being first obtained. Specific provisions relating to application for such permit shall be as established.
The city manager or designate may issue permits for activities otherwise prohibited, where approval has been obtained from the city manager or designate in advance and sufficient protection of city facilities and the public’s health and safety is provided. (Ord. 8-2021 § 1; Ord. 9-2014 § 1 (Exh. A); Ord. 1-2014 § 1 (Att. A); Ord. 10-2010 § 2 (Att. 2); Ord. 7-2002 § 1; Ord. 4-1984 § 6. Formerly 12.30.060)
12.30.060 Prohibited conduct.
The following conduct unless otherwise exempted shall be prohibited within all parks under the ownership, jurisdiction, or operation of the city; these regulations do not apply to parks operated by public agencies other than the city unless expressly adopted thereby:
A. Unless specifically authorized by city permit and subject to the further requirement, if any, of the OLCC, it shall be unlawful for any person to possess or drink any alcoholic beverage in any park or part thereof where such area has been posted identifying such prohibition. Unless specifically authorized by permit, it shall be unlawful for any person to sell any alcoholic beverage in any park or part thereof.
B. Park Hours – Closure. All Fairview city parks shall be open only from dawn to dusk. It shall be unlawful for any person to be in a park at any other time.
C. Additional Park Closures. Notwithstanding subsection B of this section, the city manager or designate, or an officer of the city police department, may close any park or any part thereof, at any time, by erecting barricades prohibiting access thereto at appropriate locations. Notices that any park or part thereof is closed shall be posted at appropriate locations during the period of such closure, if feasible; however, failure to post such notices shall not invalidate such closure nor shall it be a defense to the charge of violating this section. The closure as indicated shall be done only in the interest of public safety and health and such decision for closure shall be based upon one or more of the following criteria or conditions existing in or near that park:
1. Life or property appears to be endangered and other means cannot reasonably be utilized to eliminate the danger.
2. The overcrowding of persons or vehicles has occurred so that necessary access to emergency assistance or emergency vehicles is unavailable.
3. Park property or other property located near the park reasonably appears to be endangered.
4. That loud and unreasonable noise, fighting, violence or threatening behavior or abusive or obscene language or gestures is occurring and is caused by sufficient numbers of persons so that other means cannot reasonably be utilized to eliminate the condition.
5. A hazardous condition exists.
6. Violations of criminal offenses or ordinances are occurring and are caused by sufficient numbers of persons so that other means cannot reasonably be utilized to eliminate the conditions.
7. That other conditions exist such that the safety of persons or property cannot reasonably be assured and a present danger thereto exists.
D. Park Closure Control. During the period of closure of a park in accordance with the above provisions, it shall be unlawful for any person to enter such park or any part thereof that has been closed or remain in such park or part thereof after having been notified of the closure and having been requested to leave by the city manager or designate or an officer of the police department. Such closure shall not exceed 18 hours without the written approval of the city manager. No person shall ride, drive, or walk on such part or portions of parks or pavements as may be closed to public travel or interfere with barriers erected against the public. And no person shall enter any building, enclosure, or place within any of the parks upon which the words “No Admittance” shall be displayed or posted by sign, placard or otherwise without the consent of the official in charge or police officer. No person shall refuse the request to obey any reasonable direction of the city manager or designate or police officer.
E. Animals in Parks. It shall be unlawful for the owner, possessor, or keeper of any animal to permit the same to enter upon or to roam at large in any park and if such animal is found in any pond or fountain or in any park it may be impounded.
Owners of dogs or other animals damaging and destroying park property will be held liable for the full value of the property damaged or destroyed in addition to any penalties that may be imposed for violation of this section. Dogs shall be permitted in the park only when under leash. It shall be unlawful for any person to ride a horse or to permit a horse to enter into any park, except in places designated by park authorities for horseback riding. It shall be unlawful for any person to use any weapon, stick, stone, or missile of any kind to destroy, injure, disturb, or molest any wild or domestic animal, fowl, or fish within park limits, except for purposes of self-defense.
F. Bathing/Swimming. It shall be unlawful for any person to wade, swim, or bathe in any waters or waterways in or adjacent to a city park, except in places designated by park authorities for such purposes.
G. Motorized Vehicles. No motorized vehicles shall be permitted in any park or portion thereof within the city except for duly authorized vehicles.
H. Bicycles. It shall be unlawful to ride a bicycle off of paths or streets, on paths designated by park officials as closed to bicycles, or in areas reserved for pedestrian use in any park. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or on any paved area reserved for pedestrian use. Bicyclists shall at all times operate their bicycles with reasonable regard to the safety of others.
I. Use of Skateboards and Skates. It shall be unlawful for any person to ride or operate a skateboard or skates on any brickwork, cobblestone or ornamental surface, railing, picnic table, bench, fountain area, planter, or sculpture located in a public area.
J. Floating Devices. It shall be unlawful for any person to operate, occupy, or otherwise use a floating device (e.g., boat, canoe, raft, inner tube, model boat, etc.) in any waters or waterways in or adjacent to a city park, except in places designated for such purposes.
K. No overnight camping or campfires shall be permitted within or upon any public park within the city.
L. No firearms or explosive devices of any kind shall, without permit, be permitted upon or within any public park or premises within the city.
M. Uses of Certain Devices or Equipment. It shall be unlawful for any person to use a beanshooter, slingshot, javelin, shotput, discus, golf equipment, archery equipment, or paintball equipment in or upon any park, except that any of the above equipment or devices may be used in areas specifically designated or provided for the particular use.
N. Advertising – Conducting Business. It shall be unlawful for any person to solicit for or conduct any business or to sell or to offer to sell any article or service or solicit for a charitable contribution in a public park unless such person has been granted a concession or park permit. It shall be unlawful for any person to place or carry any structure, sign, bulletin board, and advertising device of any kind whatsoever or erect any post or pole or make attachment of any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, fence, railing, fountain, pole, post or structure or place any advertising or like device upon any portion of a public park; provided, however, that the city parks committee or its designate may by written permit allow erection of temporary decoration on occasions of public celebrations or holidays.
O. Toilet Facilities. It shall be unlawful to urinate or defecate in any park except in a toilet facility designed for that purpose.
P. Rubbish and Litter. It shall be unlawful for any person to obstruct the free use and enjoyment of any park or place any straw, dirt, chips, paper shavings, shells, ashes, swill or garbage or other rubbish or refuse or debris in or upon any park or to dump any refuse or debris, rubbish, swill, garbage or the like which has originated from outside the park for the purposes of disposing thereof upon park premises.
Q. Vandalism. It shall be unlawful for any person to remove, destroy, break, injure, mutilate or deface in any way any structure, monument, statue, vase, fountain, wall, fence, railing, pond, vehicle, bench, tree, shrub, fern, plant, flower or other property in any park.
R. Annoying Children and Others. It shall be unlawful for any person to solicit the acquaintance of another in any park or annoy or follow children or distribute obscene literature or in any way annoy one another. No one shall use loud, boisterous, threatening, abusive, insulting or indecent language, or behave in a disorderly manner or do any act tending to be a breach of the public peace within or upon a park or premises of the city.
S. Damaging Park Property. It shall be unlawful for any person to willfully cut, remove, deface, injure, damage or destroy any property in any city park or public place or any fence, gate or other enclosure or part thereof around any city park.
T. Structures in Parks. Unless authorized by the city council or its park committee or designate, and subject to the terms of such permit, it shall be unlawful for any person to excavate for, erect, install or do any act as a part of or commencement of excavation, erection or installation for a permanent or temporary structure or facility in or upon any park or public property.
U. Smoking. Smoking as set forth under Chapter 12.50 FMC is prohibited.
V. Fishing. Fishing at the West Pond at Salish Ponds Wetland Park is limited to those areas identified as “designated fishing areas” and is limited to the number of fishers who can safely be on designated fishing platforms at any one time and as noted on signs. Fishers must follow all signage located at Salish Ponds Wetland Park. (Ord. 8-2021 § 1; Ord. 6-2016 § 1 (Exh. A); Ord. 8-2015 § 1 (Exh. A); Ord. 1-2014 § 1 (Att. A); Ord. 10-2010 § 2 (Att. 2); Ord. 13-2007 § 1; Ord. 7-2002 § 1; Ord. 4-1984 § 7. Formerly 12.30.070)
12.30.070 Penalties.
Any person who shall violate any provision of this chapter as herein set forth shall be deemed guilty of a misdemeanor and upon conviction before the municipal judge be subject to a fine of not more than $250.00 for each violation thereof. Each day or portion of a day such violation continues or occurs shall be deemed a separate violation. (Ord. 1-2014 § 1 (Att. A); Ord. 10-2010 § 2 (Att. 2); Ord. 13-2007 § 1; Ord. 7-2002 § 1; Ord. 4-1984 § 8. Formerly 12.30.080)
12.30.080 Trespass.
In addition to other measures provided for violation of this chapter, a Fairview police officer shall have the right to exclude any person who violates any provision thereof for a period of not more than 60 consecutive days.
A. Such an exclusion order shall be in writing signed by the officer issuing the same and shall be issued and served in the form of a citation with return made to the Fairview police department. The exclusion order shall include instructions for appealing the order pursuant to subsection B of this section.
B. Such exclusion order may be appealed to the city council or its designee as set forth in subsection A of this section. Any appeal shall be in writing and made within 10 calendar days of the issuance of the exclusion order and set out why said exclusion is unlawful or otherwise improper.
C. The city council or designee shall decide any appeal properly filed pursuant to subsection B of this section within 20 calendar days of the issuance of the exclusion order.
D. An appeal properly filed pursuant to subsection B of this section stays the exclusion period until the city council or designee issues a final decision on the appeal.
E. Violation of a valid exclusion order when in effect shall be considered a criminal trespass. (Ord. 2-2021 § 2 (Exh. B); Ord. 1-2014 § 1 (Att. A); Ord. 10-2010 § 2 (Att. 2); Ord. 13-2007 § 1; Ord. 7-2002 § 1; Ord. 4-1984 § 9. Formerly 12.30.090)