Chapter 13.04
PARK CODE
Sections:
13.04.030 SIGNS, BILLBOARDS, ETC.
13.04.040 DESTROYING PARK PROPERTY.
13.04.060 DISCHARGING FIREARMS OR EXPLOSIVES.
13.04.070 TREATMENT OF ANIMALS AND BIRDS.
13.04.080 SOLICITING AND PEDDLING.
13.04.100 RIDING MOTOR VEHICLES, NON-MOTORIZED VEHICLES AND HORSES.
13.04.160 NONCOMPLIANCE - EJECTION FROM PARK.
13.04.170 PROCEEDING AGAINST VIOLATORS.
13.04.180 PENALTY FOR VIOLATIONS.
13.04.010 TITLE.
This chapter shall be known and may be cited as the park code of the city of Bremerton. (Ord. 2191 §101, 1956)
13.04.020 DEFINITIONS.
The following terms, phrases, words and their derivations will have the meaning given herein, unless inconsistent with the context. Words using the present tense include the future. Words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directive:
(1) "Superintendent" is the person immediately in charge of all park areas and their activities, and to whom all park attendants of any area are responsible.
(2) "Park" is a park, playground, beach, recreation center, or any other area in the city owned or used by the city and devoted to active or passive recreation.
(3) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (Ord. 2191 §102, 1956)
13.04.030 SIGNS, BILLBOARDS, ETC.
It is unlawful to use, place or erect any signboard, sign, billboard, bulletin board, post, pole or device of any kind for advertising in any park; or to attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, railing, post or structure within any park; or without the written consent of the superintendent, to place or erect in any park, a structure of any kind; provided, that the superintendent may permit the erection of temporary directional signs or decorations on occasions of public celebration and picnics. (Ord. 2191 §103, 1956)
13.04.040 DESTROYING PARK PROPERTY.
It is unlawful to remove, destroy, mutilate or deface any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, shrub, tree, fern, plant, flower, lighting system, or sprinkling system or other property lawfully in any park. (Ord. 2191 §104, 1956)
13.04.050 ANIMALS AT LARGE.
It is unlawful to allow or permit any animal to run at large in any park, or enter any lake, pond, fountain or stream therein, except that unleashed dogs are allowed in designated dog park areas within the City of Bremerton park system. (Ord. 4952 §3, 2005: Ord. 2191 §105, 1956)
13.04.060 DISCHARGING FIREARMS OR EXPLOSIVES.
It is unlawful to shoot, fire or explode any firearm, fireworks, firecracker, torpedo or explosive of any kind or to shoot or fire any air gun, bows and arrows, BB gun or use any slingshot in any park, except the superintendent may authorize archery, and the firing of small bore arms and fireworks at designated times and places suitable for their use. (Ord. 5067 §1, 2008: Ord. 2191 §106, 1956)
13.04.070 TREATMENT OF ANIMALS AND BIRDS.
It is unlawful in any manner to tease, annoy, disturb, molest, catch, injure or kill or to throw any stone or missile of any kind at or strike with any stick or weapon any animal, bird or fowl. (Ord. 2191 §107, 1956)
13.04.080 SOLICITING AND PEDDLING.
No person shall solicit alms or contributions for any purpose, whether public or private, nor expose or offer for sale any article or thing, nor shall any person station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing, except the licensed concessionaire acting by and under the authority of the superintendent. (Ord. 2191 §108, 1956)
13.04.100 RIDING MOTOR VEHICLES, NON-MOTORIZED VEHICLES AND HORSES.
(a) It is unlawful to ride or drive any bicycle, tricycle, skateboard, horse or pony over or through any park except within and upon the park drives, parkway, park boulevards and bicycle paths designated for such use, or at a speed in excess of fifteen (15) miles per hour, except as otherwise authorized by the Director of Parks and Recreation.
(b) It is unlawful to park, ride or drive any motorcycle or motor vehicle upon, over or through any park except within and upon park drives, parkways, park boulevards, rights-of-way or parking lots located within a park and designated for such use, except as otherwise authorized by the Director of Parks and Recreation. (Ord. 4915 §3, 2004; Ord. 4267 §1, 1990; Ord. 2191 §110, 1956)
13.04.110 GAMES AND SPORTS.
It is unlawful to practice or play golf, baseball, cricket, lacrosse, polo, archery, hockey, tennis, badminton, or other games of like character or to hurl or propel any airborne or other missile except at places set apart for such purposes by the superintendent. (Ord. 2191 §111, 1956)
13.04.120 POLLUTING WATERS.
No person in a park shall throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, bay or other body of water in or adjacent to any park or storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of the waters. No person in a park shall have brought in or shall dump, deposit, or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse, or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where they are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere. (Ord. 2191 §112, 1956)
13.04.130 FIRES.
It is unlawful to build any fires in any park except in areas designated by the superintendent. (Ord. 2191 §113, 1956)
13.04.140 LIQUOR.
It is unlawful to serve or consume, within any City park, any liquor as defined in RCW 66.04.010(25), as enacted and hereinafter amended, except the service and consumption of liquor are authorized in the following circumstances:
(a) The service and consumption of liquor in designated City parks as authorized in subsections (b) though (g) of this section are:
(1) Permitted by the Washington State Liquor and Cannabis Board; and
(2) Such service and consumption of liquor is limited to beer and wine.
(b) Within Pendergast Regional Park, Evergreen Rotary Park, Lions Park, Harborside Fountain Park and the Louis Mentor Boardwalk when:
(1) The service of liquor is administered during an event or activity which is: (i) licensed by the City as a special event pursuant to Chapter 5.36 BMC, or (ii) authorized by the City Council upon terms and conditions as established by the City Council.
(c) Within the boundaries of the Harborside Fountain Park and the Louis Mentor Boardwalk when:
(1) Such service of liquor is administered by the operator of the Kitsap Conference Center at Bremerton Harborside, as permitted by the City’s Director of Parks and Recreation, or designee, subject to terms and conditions as established by the Director.
(d) Within the mezzanine food service area of the Olympic Soccer and Sports Center ("Indoor Soccer Center") located within Pendergast Regional Park when:
(1) Such service of liquor is administered by the operator of the Indoor Soccer Center.
(e) Within the building of the Bremerton Ice Arena facility ("Ice Arena") located within Eastpark when:
(1) Such service of liquor is administered by the operator of the Ice Arena;
(2) Such service and consumption, when in the viewing stands area, is limited to private events, not public events; however, service and consumption of liquor are prohibited on the field of play; and
(3) Required approval has been granted by the National Parks Service, on behalf of the Secretary of the Interior, pursuant to the deed conveying the property to the City.
(f) Sampling of beer and wine and sales of beer and wine within the boundaries of a farmer’s market licensed or permitted area located within Evergreen Rotary Park when:
(1) Authorized by the City Council upon terms and conditions as established by the City Council; and
(2) Such services comply with the requirements of RCW 66.24.170, 66.24.175, 66.24.240, and 66.24.244 and other related statutory or regulatory requirements, as currently enacted or hereinafter amended; and
(3) The sampling area is located within a forty-eight (48) inch high barrier or other designated booth or stall, the location and aesthetics of which are subject to approval by the Director of Parks and Recreation.
(g) Within the boundaries of Otto Jarstad Park, which is City utility property maintained by the Department of Public Works and Utilities, when:
(1) Permitted by the City’s Director of Public Works and Utilities, or designee, as a private, not a public event, subject to terms and conditions as established by the Director; or
(2) The service of liquor is administered during an event or activity which is: (i) licensed by the City as a special event pursuant to Chapter 5.36 BMC, or (ii) authorized by the City Council upon terms and conditions as established by the City Council.
For purposes of this section, the authorized service and consumption of liquor include any related sale of liquor. "Private event" means events, such as weddings and birthday parties, authorized for use of specific space within a park by private groups pursuant to a permit or rental agreement. (Ord. 5370 §1, 2019: Ord. 5329 §1, 2017: Ord. 5274 §1, 2015: Ord. 5183 §1, 2012: Ord. 5166 §1, 2011: Ord. 5060 §1, 2008: Ord. 5005 §3, 2007: Ord. 2191 §114, 1956)
13.04.150 HOURS.
Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during designated hours. The opening and closing hours for each individual park shall be posted therein for public information. Any section or part of any park may be declared closed to the public by the superintendent at any time and for any interval of time, either temporarily or at regular and intervals (daily or otherwise) and either entirely or merely to certain uses, as the superintendent shall find reasonably necessary. (Ord. 2191 §115, 1956)
13.04.160 NONCOMPLIANCE - EJECTION FROM PARK.
It is unlawful to violate or fail to comply with any park rule or regulation duly posted by the superintendent, and the superintendent or any park attendant shall have the authority to eject from a park, any person acting in violation of this chapter. (Ord. 2191 §116, 1956)
13.04.170 PROCEEDING AGAINST VIOLATORS.
Anyone concerned in the violation of this chapter, whether directly or indirectly committing the thing that constitutes the offense, or who aids or abets the same, and whether present or absent; and anyone who directly or indirectly counsels, encourages, hires, commands, induces, or otherwise procures another to commit such offense, is and shall be a principal under the terms of this chapter and shall be proceeded against and prosecuted as such. (Ord. 2191 §117, 1956)
13.04.180 PENALTY FOR VIOLATIONS.
Violation of or failure to comply with the provisions of this chapter shall constitute a misdemeanor and, upon conviction thereof, be subject to the provisions of Chapter 1.12 BMC. (Ord. 4733, Reaffirmed, 11/30/2000; Ord. 4680, Amended, 12/17/1999; Ord. 2191 §118, 1956)