Chapter 10.52
PARK RULES
Sections:
10.52.010 Injury to park property.
10.52.040 Certain vocations prohibited.
10.52.050 Loudspeakers and sound amplification.
10.52.060 Permit for assemblies required.
10.52.070 Circuses and carnivals.
10.52.080 Distribution of literature.
10.52.130 Intoxicating liquors, liquor and drugs.
10.52.210 Parking in public parks when park is closed.
10.52.215 Penalties, exclusion, appeal.
10.52.010 Injury to park property.
It is unlawful for any person to remove, destroy, mutilate, injure, cut, disturb, mark or write upon any structure or building, or part of any structure or building, or any fixture within or attached to a structure or building, or any monument, statue, base, foundation, wall, fence, railing, vehicle, bench, lighting system or sprinkling system, or any other property lawfully located within any park, or to pick, cut or remove any tree, shrub, bush, plant or flower. [Ord. 949, 1983.]
10.52.020 Horses.
It is unlawful for any owner or any other person having control of a horse to allow or permit such horse to enter or remain upon any public park property. [Ord. 949, 1983.]
10.52.025 Dogs.
It is unlawful for any owner or any other person having control of the dogs to allow or permit such dog to enter or remain upon any public park property with the exception of service animals who accompany a person with a disability as defined by the Americans with Disabilities Act as it is currently adopted or as it may be amended in the future. [Ord. 1483 § 1, 2011; Ord. 968 § 1, 1984.]
10.52.030 Explosives.
It is unlawful to possess, use or explode any fireworks, firecrackers or explosives of any kind in any park, except as part of a duly authorized public fireworks display. [Ord. 949, 1983.]
10.52.040 Certain vocations prohibited.
It is unlawful in any park to solicit or ask for any payments or gift of money or to sell, offer or solicit for sale any goods, services or merchandise without the written permission of the city or a concession contract issued by the city. [Ord. 949, 1983.]
10.52.050 Loudspeakers and sound amplification.
It is unlawful to operate or use any loudspeaker or mechanical means of amplifying sound in any park without the written permission of the city; provided, that before granting any such permission, the city shall establish rules and regulations pertaining to the use of such devices. [Ord. 949, 1983.]
10.52.060 Permit for assemblies required.
It is unlawful for any person to hold, sponsor or participate in any organized assembly or special event without first giving notice of the assembly or special event to the city. Such notice shall be given at least two weeks prior to the date established for such assembly. The city is ordered to establish immediately such rules and regulations as shall permit the full peaceful utilization of the park by all the general public as shall reasonably be possible and consistent with the health, safety and general welfare. In this connection, and in addition to the conduct requirements of this chapter, such rules and regulations may require the deposit of cleanup undertakings, the furnishing of waste and sanitary conveniences and effective plans for traffic and crowd control and management. For the purposes of this chapter, a special event is an activity which occurs upon public or private property that will affect the standard and ordinary use of public streets, rights-of-way, sidewalks, parks/facilities and/or which requires extraordinary levels of city services. This includes, but is not limited to, fairs, festivals, carnivals, circuses, sporting events, foot runs/walks that utilize city parks and facilities, cycling events, block parties, markets, parades, exhibitions, auctions, dances, riding galleries, theatrical, musical entertainments, motion picture filming, etc. [Ord. 1708 § 1, 2024; Ord. 1143 § 1, 1992; Ord. 949, 1983.]
10.52.070 Circuses and carnivals.
It is unlawful to operate or conduct any circus, carnival or similar exhibition at or within any city park except as part of an organized recreational program of the parks and recreation department. [Ord. 949, 1983.]
10.52.080 Distribution of literature.
It is unlawful for any person to distribute literature of any kind in any park without first obtaining a written permit to do so from the city. The city shall establish rules and regulations for the issuance of such permit which may prohibit the distribution of literature of a purely commercial advertising nature and shall require the deposit with the city of a litter cleanup deposit in an amount to be determined by the city prior to the issuance of any such written permit. [Ord. 949, 1983.]
10.52.090 Vehicles.
It is unlawful to ride or drive any bicycle, motor vehicle, motorcycle or motor-driven cycle over or through any park except along and upon the public roads, streets or other designated areas within the park or to operate any vehicle at a speed in excess of the posted speed limit. The operator or driver of such motor vehicle, motorcycle, or motor-driven cycle shall be properly licensed if required by state law. [Ord. 949, 1983.]
10.52.100 Camping areas.
It is unlawful for any person or group of persons to camp out in any park.
This prohibition may be waived and variance granted by majority vote of the city council after consultation with the chief of police and the chief of the fire department and upon the determination that the benefit to the community outweighs any detriment to the park.
Application shall be made for a special event permit not less than 60 days prior to the event. [Ord. 1473 § 1, 2010; Ord. 949, 1983.]
10.52.110 Building fires.
It is unlawful for any person to kindle any fire in any park except in such areas as may be designated by the city for such purposes. [Ord. 949, 1983.]
10.52.120 Littering.
It is unlawful for any person to throw or deposit any refuse, litter, garbage, broken glass, crockery, shrubbery, yard trimmings, junk, advertising matter or other waste materials in any park, except in designated receptacles. [Ord. 949, 1983.]
10.52.130 Intoxicating liquors, liquor and drugs.
It is unlawful to bring into any park or consume by mouth, inhalation or injection or possess while in any park any wine, beer or alcoholic beverage, narcotic or dangerous drugs; provided, that this section shall not apply to prescription drugs taken pursuant to the medical direction of a licensed physician or dentist. [Ord. 949, 1983.]
10.52.200 Park closures.
Public parks within the city shall be closed from 10:00 p.m. to 7:00 a.m. [Ord. 1213 § 1, 1995.]
10.52.210 Parking in public parks when park is closed.
(1) The provisions in this code grant the Clarkston police department and its officers the authority to tow vehicles parked in public parks for criteria contained herein.
(2) No person who owns or has possession or control of a vehicle may park the vehicle in any public park when that park is closed.
(3) Authorized vehicles are excluded from the provisions of this section.
(4) A law enforcement officer upon observing a vehicle in violation of this section shall inform operator that he/she is in violation of this code and shall allow operator the opportunity to avoid impound of the vehicle through immediate compliance with this code and removal of the vehicle from the public park.
(5) Notice by Posted Signs. The city of Clarkston shall post signs in accordance with RCW 46.55.070 at each public park which shall indicate the times during which a vehicle may be impounded as an unauthorized vehicle and the name, telephone number, and address of the towing company where the vehicle may be redeemed. All persons who park in the city’s public parks will be deemed to be on notice that violation of this section may result in immediate impound of their vehicle.
(6) Penalties. Any person found to be in violation of this section shall be subject to citation for an infraction as defined in this code. Any vehicle parked in violation of this section may be immediately impounded as authorized by CMC 11.24.150 and 11.24.170 if no owner or operator is present who will immediately comply with this section. Impounded vehicles may be redeemed as provided in RCW 46.55.120. [Ord. 1668 § 1, 2022.]
10.52.215 Penalties, exclusion, appeal.
(1) Violations of city ordinances relating to city parks, including without limitation Chapters 10.52 and 10.74 CMC (hereinafter jointly referred to as “park ordinances”), is hereby declared a public nuisance under Chapter 10.56 CMC, and an infraction as defined in this code, unless otherwise designated within this section.
(2) In addition to any other penalty authorized in this code, the city may also impose a civil exclusion for violations, as follows:
(a) Any person who has been cited to appear in court based upon probable cause to believe that the person has committed a violation of the park ordinances or of a crime committed in any park of this city may be prohibited from being present in any/all of the parks of the city or on the pedestrian or public ways immediately adjacent thereto for designated periods of time of not more than 10 days for the first such exclusion, for 20 days for the second such exclusion, for 30 days for the third such exclusion, and for one year for a subsequent exclusion.
(b) The exclusion notice shall be issued and hand delivered by the authorized officer (specifically to include, but not limited to, police officers and/or code enforcement officer) at the time the person is arrested or cited. The exclusion notice shall be in writing, and shall specify the offense(s), the geographical extent of the exclusion, the date the exclusion takes effect, the procedure for filing an appeal, and any applicable extension. The period of exclusion shall commence upon the issuance of the notice of exclusion but shall be stayed upon the filing of a notice of appeal, which shall remain in place until the chief of police issues a decision.
(c) Extension of exclusion may be imposed for one year in addition to the period of the original exclusion when there is probable cause of additional violations of the park ordinances or any provision of this section.
(d) Violation of exclusion notice shall constitute the crime of criminal trespass second degree, pursuant to RCW 9A.52.080, and subjects the violator to immediate arrest and an extension of the exclusion for an additional 30 days.
(3) Appeals.
(a) A person who has been issued an exclusion notice or had their exclusion period extended may appeal the action or decision by filing a written request with the police department, within 10 business days after receipt of notice of action or decision, setting forth the name and address of the applicant, and the reasons why the notice or extension should be rescinded or reversed. Upon appeal, the police chief shall schedule a hearing, and communicate a hearing date/time within 10 days. Failure to file an appeal within 10 days shall serve as a waiver of all rights to review the action or decision and any such appeal shall be dismissed.
(b) The name and address set forth in the hearing request shall be deemed conclusively correct, and mailing to the person at such address, by first class mail, shall be deemed delivered five days after the mailing. Failure of the person to actually receive the notice of hearing or the decision if mailed to the address set forth in the request shall not in any way invalidate or otherwise affect the validity of any action or decision.
(c) If a request for an appeal is filed, an exclusion notice or extension of exclusion period shall be subject to a stay until such time as the police chief has issued a final decision upholding or rescinding the action or decision. No other stay than for appeal to the police chief shall be granted.
(d) Unless the excluded person and the city agree to a longer period, an appeal shall be heard by the police chief within 10 business days of the filing of the request.
(e) The police chief shall hear and determine the appeal on the basis of the grievant’s written statement, and any additional evidence deemed appropriate. The city has the burden of proof to demonstrate, by a preponderance of the evidence, that the issuance of the exclusion notice is based upon the requisite criteria, or the extension of the exclusion notice is the result of additional violation(s) as set forth above.
(f) The police chief shall issue a written decision within 10 business days of the hearing date. A copy of the decision shall be mailed to the person’s address as set forth on the request, and shall be deemed effective upon actual receipt, or three days after mailing, whichever is sooner. If issuance of an exclusion notice or extension of period of exclusion is upheld, a period of exclusion shall commence immediately upon the effective date of the decision.
(g) Appeal of the police chief’s decision as to an exclusion notice may be appealed to the municipal court upon the same procedure for request and hearing as described in this section. [Ord. 1711 § 1, 2024; Ord. 1709 § 1, 2024.]