Chapter 10.84 PARKS AND RECREATION FACILITIES

This chapter is declared to be an exercise of the police power of the city. Its provisions shall be liberally construed for the preservation of the natural environment, public peace, health, safety and welfare. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.020 Definitions.

Unless clearly contrary to or inconsistent with the context in which used, the following terms shall be construed as follows:

“Administrator” means the city administrator of the city.

“City” means the city of Buckley, Pierce County, Washington.

“Park” means all parks, squares, greenways, parkways, grounds or other areas maintained by the city and devoted to purposes of play, recreation and pleasure of the general public.

“Trail” means any constructed pathway which has been designed for exclusive use of pedestrians, equestrians or bicyclists and specifically includes the Foothills Trail. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.030 Capturing or striking wildlife.

It is unlawful in any park or on any trail in any manner to capture, strike, molest, threaten, injure, kill or harass, or to attempt to capture, strike, molest, threaten, injure, kill or harass any wildlife with any stick, weapon or other device or thing, or to throw or otherwise propel a missile or object at or in the vicinity of any such wildlife, except that the city administrator may approve the capture of wildlife for research or relocation purposes. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.040 Feeding of wildlife.

It is unlawful for any person to leave, place or distribute foodstuffs of any kind or nature in any park or on any trail with an intent to feed wildlife; provided, this section shall not apply to the feeding of wildlife by parks department personnel. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.050 Trees and vegetation.

It is unlawful for any person to clear, cut, damage or remove any tree or vegetation located within a park or trail without the express, prior written permission of the city administrator. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.060 Animals.

It is unlawful for any person to permit any animal in any park unless under restraint or on a leash no longer than eight feet. All horses shall be confined to those areas designated as roadways, parking areas, or along trails. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.065 Horses on trail.

It is unlawful for any person to ride a horse within any park or on any trail within the city. Horses may be led or walked, single-file, utilizing the shoulder of the trail, three feet outside of the paved travel lane. Where permitted, horses shall be thoroughly broken and properly restrained, and shall not be allowed to graze or go unattended, nor shall they be hitched to any rock, tree or shrub. (Ord. 07-08 § 1, 2008).

10.84.070 Disturbances by animals.

It is unlawful for any person to permit any dog or other pet to disturb or harass any park users, wildlife or other pets. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.080 Dogs and pets prohibited areas.

It is unlawful for any person to permit any dog or other pet in any area in a park or on a trail designated and posted by the city administrator as a place prohibited to animals. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.090 Removal of animal feces.

Any person with a dog, horse or other pet/animal in his or her possession in any park or on any trail shall be responsible for the conduct of the animal, shall carry equipment for removing feces and shall collect and place any feces deposited by such dog, horse or other pet/animal in an appropriate receptacle. It is unlawful for any person to fail to so collect and place any feces deposited by a dog, horse or other pet/animal in his or her possession. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.095 Camping.

Repealed by Ord. 19-24. (Ord. 07-08 § 1, 2008).

10.84.100 Fires.

It is unlawful for any person to set or maintain any fire in a park or on a trail, except in designated facilities, fire rings or in self-contained stoves, including portable grills, barbecues or hibachis. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.110 Alcoholic beverages.

It is unlawful for any person to use or possess any alcoholic beverage in a park or on a trail, including unopened alcoholic beverage containers; provided, this prohibition shall not apply to organized groups which have secured a permit from the city administrator and, if required, from the State Liquor Control Board. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.113 Smoking and tobacco use.

It is unlawful for any person to smoke, or otherwise use a tobacco product, at the Buckley Multi-use Skate Park Facility and/or Buckley Youth Activities Center whether indoors or outdoors. (Ord. 07-08 § 1, 2008).

10.84.115 Climbing trees.

It is unlawful for any person to climb any tree or walk, stand or sit upon monuments, vases, fountains, railings, fences or upon any other property not designated or customarily used for such purposes. (Ord. 07-08 § 1, 2008).

10.84.120 Sound amplification equipment.

It is unlawful for any person to use, operate, play or permit to be used, operated or played in any park or on any trail 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 of over 30 feet therefrom, except pursuant to a permit issued by the city administrator; or except as necessary for the preservation of the public peace or safety. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.130 Posting signs, posters and notices.

It is unlawful for any person to post or attach any sign, poster or notice or any other device of any kind for advertising in any park or along any trail, except with the express prior written permission of the city administrator. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.140 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 or on any trail, except by permit issued by the city administrator. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.150 Sale of merchandise, food or services.

It is unlawful for any person to sell or attempt to sell any merchandise, food or services in any park or along any trail except pursuant to a permit issued by the city administrator. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.170 Fireworks.

Except as otherwise permitted in Chapter 10.44 BMC, it is unlawful to use, exhibit, display or possess any fireworks in any park or on any trail. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.180 Littering.

Pursuant to BMC 10.32.010, it is unlawful to throw or deposit any refuse or other material in any park or on any trail, except in designated litter receptacles. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.185 Firearms restriction.

Repealed by Ord. 08-12. (Ord. 07-08 § 1, 2008).

10.84.190 Removal or destruction of property.

It is unlawful to willfully remove, 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 city administrator. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.195 Use of metal detectors in city parks.

The use and operation of metal detectors, as well as the removal of small contemporary materials, is permitted within city parks or public open space as designated by the recreation services director or designee, and subject to the conditions and limitations specified.

(1) The use of metal detectors within a city park or public open space shall be limited to daylight hours. No use shall be allowed during periods of seasonal or emergency park closure or at any other time a park is closed to the public, except where otherwise posted.

(2) Any person wishing to use a metal detector shall so indicate to the recreation services director at the park where the use is to occur, by complying with the registration process provided for such purpose.

(3) This section does not apply to city employees while engaged in the performance of their duties.

(4) Persons operating metal detectors in park areas shall:

(a) Observe all laws and regulations.

(b) Never destroy or disturb park facilities, natural features, or historical or archeological resources. No item which is, or appears to be, of historical or archaeological significance may be removed from the site at which it was found. Any such find shall be immediately reported to park personnel, and the area in which the find occurred shall be closed.

(c) Limit digging implements to ice picks, screwdrivers and probes not to exceed two inches in width and sand scoops not to exceed six inches in width and eight inches in length, containing perforations no less than one-half inch in width, to be used only on nonvegetated sandy or exposed surfaces. Any holes dug shall be limited to six inches maximum depth and shall be immediately refilled and the surface restored to its earlier condition.

(d) Properly dispose of all found or recovered trash and litter.

(e) Conduct themselves with thoughtfulness, courtesy and consideration for others, and not interfere with other recreational activities. An operator shall not allow any emitted metal detector sound audible to other park users. (Ord. 16-13 § 1, 2013).

10.84.200 Trespassing.

It is unlawful for any person, except an authorized city employee in the performance of his or her duties, or another person duly authorized by the city administrator, to enter or go upon any area which has been designated and posted by the city administrator as a “No Admittance” or “No Trespassing” area, or during any time during which the park or the trail is posted as being closed to the public. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.210 Use of nonmotorized vehicles.

It is unlawful for any person to ride a bicycle or other similar device in any area of a park or trail which is posted as closed to such vehicles. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.220 Motor vehicles.

It is unlawful to ride, propel, drive or direct any motorized vehicle and/or nonvehicle over or through any park (except along and upon designated park streets, drives and parking lots). (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.230 Motor vehicles on trail.

It is unlawful for any person to ride, propel, drive or direct any automobile, truck, motorcycle, motorbike or other motorized vehicle on any trail; provided, this section shall not apply to persons operating electric personal mobility devices (RCW 46.04.1695), power wheelchairs (RCW 46.04.415), authorized maintenance vehicles of the city in the performance of maintenance duties on the trails or the operation of any law enforcement or emergency vehicle in the performance of its duties. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.240 Speed limit.

It is unlawful to ride, propel, drive or direct any bicycle, tricycle, skateboard, motorized vehicle, horse or pony over or through any street, drive or parkway in a park or on a trail in excess of 15 miles per hour when no speed limit is posted, or in excess of any posted speed limit. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.260 Parking of motor vehicles.

It is unlawful to leave a vehicle unattended in any park or parking lot through which access is controlled by a gate during the hours the park is closed to the public, or to leave a vehicle unattended in any park or parking lot through which access is not controlled through a gate between the hours of 2:00 a.m. and 6:00 a.m.; provided, this section shall not apply to persons attending scheduled events and activities or to those who have obtained a permit from the city administrator. Any vehicle parked in an area not designated by the city administrator for parking, or otherwise parked in violation of this section or in such a way as to obstruct traffic, or any vehicle which is apparently abandoned in any park, may be summarily removed and impounded upon order of the city administrator. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.270 Riding on trail.

Every person operating a bicycle upon any trail shall operate the same in a careful and prudent manner and at a rate of speed no greater than is reasonable and proper under the conditions existing at the point of operation, taking into account the amount and character of pedestrian and other bicycle traffic, grade and width of the trail and the condition of surface, and shall obey all traffic control devices. Every person operating a bicycle upon a trail shall yield the right-of-way to any pedestrian thereon, and shall give an audible signal before overtaking and passing any pedestrian. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.280 Obstruction of trail.

No person or group of persons shall gather, loiter, cluster, park and/or place a bicycle or other object upon a trail in such a manner as to obstruct the travel lane and/or free flow of traffic thereon. (Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.285 Park hours.

City of Buckley parks are open 6:00 a.m. to 10:00 p.m. or as otherwise posted. (Ord. 09-23 § 1, 2023).

10.84.290 Violation – Penalty.

Any person violating BMC 10.84.040, 10.84.060, 10.84.065, 10.84.070, 10.84.080, 10.84.090, 10.84.095, 10.84.113, 10.84.115, 10.84.120, 10.84.130, 10.84.140, 10.84.150, 10.84.180, 10.84.210, 10.84.220, 10.84.230, 10.84.240, 10.84.260, or 10.84.270 shall be deemed to have committed a civil infraction and shall be subject to a penalty as provided in Chapter 1.04 BMC. Any person violating BMC 10.84.030, 10.84.050, 10.84.100, 10.84.110, 10.84.170, 10.84.190, or 10.84.200 shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $1,000 and/or imprisonment for not more than 90 days.

Violation of BMC 10.84.280 constitutes criminal trespass in violation of RCW 9A.52.080, and is a misdemeanor. (Ord. 08-12 § 2, 2012: Ord. 07-08 § 1, 2008; Ord. 14-95 § 1, 1995).

10.84.295 Parks and recreation department fees.

Admission, facility rental and/or user fees associated with the parks and recreation facilities and programs to include the City Multi-Purpose Center shall be established by resolution of the city council. (Ord. 13-08 § 6, 2008).

10.84.300 Expulsion from parks.

(1) The recreation services director and his/her designees shall be empowered to exercise the authority of peace officers to the extent necessary to enforce this section.

(2) The recreation services director or his/her designees may, by delivering an exclusion notice in person to the offender, or by first class mail and certified mail to the offender at the offender’s last known address, exclude from a city park or city recreation facility anyone who within a city park or city recreation facility:

(a) Violates any provision of this chapter; or

(b) Violates any park or recreation facility rule; or

The offender need not be charged, tried, or convicted of any crime or infraction in order for an exclusion notice to be issued or be effective. The exclusion may be based upon observation by the recreation services director or his/her designee or upon civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause.

(3) If the offender:

(a) Has not been excluded from any city park or city recreation facility by an exclusion notice issued within one year prior to the violation and the current violation is not a weapon violation, then the recreation services director or his/her designee may exclude the offender from the city park or city recreation facility in which the current violation occurred for a period not exceeding seven days from the date of the exclusion notice.

(b) Has been the subject of only one prior exclusion notice issued within one year prior to the current violation and neither the current nor the past violation was a weapon violation, then the recreation services director or his/her designee may exclude the offender from any or all city parks and city recreation facilities for a period of 90 days from the date of the exclusion notice.

(c) Has been the subject of two or more prior exclusion notices issued within one year prior to the current violation, or if the current violation is a weapon violation, then the recreation services director or his/her designee may exclude the offender from any or all city parks and city recreation facilities for a period of one year from the date of the exclusion notice.

(4) The exclusion notice shall be in writing and shall contain the date of issuance. The exclusion notice shall specify the length and places of exclusion. It shall be signed by the issuing individual. Warning of the consequences for failure to comply shall be prominently displayed on the notice.

(5) Only the recreation services director or his/her designee after a review may rescind, shorten or modify an exclusion notice for a period not exceeding seven days.

(6) An offender receiving an exclusion notice longer than seven days may seek a hearing to have the exclusion notice rescinded, the period of exclusion shortened, or the areas of exclusion reduced. The hearing examiner shall be the city of Buckley police chief, unless the mayor designates another as the hearing examiner. The request for a hearing shall be delivered to the recreation services director or postmarked no later than seven days after the issuance date of the exclusion notice. The request for hearing shall be in writing and shall be accompanied by a copy of the exclusion notice on which the hearing is sought. Such requests shall be forwarded by the recreation services director or his/her designee to the hearing examiner. The hearing should occur within seven days after the recreation services director receives the request for hearing. Hearings will be conducted by written request only.

(7) At the hearing, the violation must be proved by a preponderance of the evidence in order to uphold the exclusion notice. If the exclusion notice was issued because of the alleged violation of any criminal law, the offender need not be charged, tried, or convicted for the exclusion notice to be upheld. The exclusion notice establishes a prima facie case that the offender committed the violation as described. The hearing examiner shall consider a sworn report or a declaration made under penalty of perjury, written by the individual who issued the exclusion notice, without further evidentiary foundation. The certifications authorized in Rule 6.13 of the Criminal Rules for Courts of Limited Jurisdiction shall be considered without further evidentiary foundation. The hearing examiner may consider information that would not be admissible under the evidence rules in a court of law but which the hearing examiner considers relevant and trustworthy.

(8) If the violation is proved, the exclusion notice shall be upheld; but upon good cause shown, the hearing examiner may shorten the duration of the exclusion or reduce the areas covered by the exclusion. If the violation is not proved by a preponderance of the evidence, the hearing examiner shall rescind the exclusion. If the hearing examiner rescinds an exclusion, the exclusion shall not be considered a prior exclusion for purposes of subsection (3) of this section.

(9) The decision of the hearing examiner is final. An offender seeking judicial review of hearing examiner’s decision must file an application for a writ of review in the Pierce County superior court within 15 days of the date of that decision.

(10) The exclusion shall remain in effect during the pendency of any administrative or judicial proceeding.

(11) No determination of facts made by a person conducting a hearing under this section shall have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of those same facts in a subsequent criminal prosecution or civil proceeding.

(12) This section shall be enforced so as to emphasize voluntary compliance with laws and park and recreation facility rules, and so that inadvertent minor violations that would fall under subsection (3)(a) of this section can be corrected without resort to an exclusion notice. (Ord. 04-11 § 1, 2011).