Chapter 10.03
Park Code
Sections:
10.03.010 Chapter 10.03 DMC constitutes park code.
10.03.020 Exercise of police power.
10.03.040 Alcoholic beverages.
10.03.105 Ross Memorial Plaza as a pet free park.
10.03.120 Damage or removal of plants prohibited.
10.03.121 Digging, excavating and metal detecting devices prohibited.
10.03.130 Vehicular standards.
10.03.140 Special regulations.
10.03.150 Emergency conditions.
10.03.160 Penalty for violation.
10.03.010 Chapter 10.03 DMC constitutes park code.
This chapter shall constitute the park code of the City of DuPont and may be cited as such. Conduct in all public parks of the City of DuPont shall be subject to all the general police power regulation of the City of DuPont and not exclusively to the provisions of this chapter. (Ord. 00-674 § 1; Ord. 08-865 § 1).
10.03.020 Exercise of police power.
This chapter is hereby declared to be an exercise of the police power of the City of DuPont for the public peace, health, safety and welfare, and its provisions shall be liberally construed. (Ord. 00-674 § 2; Ord. 08-865 § 1).
10.03.030 Definitions.
The terms used herein shall be construed as follows:
(a) “Park” means and includes all land areas, open space, trails, and facilities designated for passive and/or active recreation which are owned by the City of DuPont. (Ord. 00-674 § 3; Ord. 08-865 § 1).
10.03.040 Alcoholic beverages.
The display, possession or consumption of any alcoholic beverage is prohibited in any City park except in particular areas or facilities which may be expressly designated from time to time by the City of DuPont. (Ord. 00-674 § 4; Ord. 08-865 § 1).
10.03.050 Fires.
Fires are prohibited in any park except for equipment used for cooking or in park facilities specifically designated and authorized for camp fires. (Ord. 00-674 § 5; Ord. 08-865 § 1).
10.03.060 Firearms, weapons.
Repealed by Ord. 18-1039. (Ord. 00-674 § 6; Ord. 08-865 § 1).
10.03.070 Fireworks.
The display, possession and use of fireworks are prohibited in all parks except with prior written permission from the City of DuPont. (Ord. 00-674 § 7; Ord. 08-865 § 1).
10.03.080 Park hours.
Parks shall be open at dawn and close at dusk. Use of a park during hours of closure requires prior written permission from the City of DuPont. This section shall not apply to those trails located within or adjacent to City right-of-way and designated as such in the City of DuPont Parks, Recreation, and Open Space Plan, or to those trails or other areas as may be further designated through the land use and development process. (Ord. 00-674 § 8; Ord. 08-865 § 1; Ord. 09-883 § 1).
10.03.090 Disposal of trash.
No person shall deliberately break glass in any park or throw or leave litter on park property and equipment. All bottles, cans and trash of any kind shall be placed in receptacles provided for that purpose or taken off park property for proper disposal. The dumping of any unwanted item or any household or commercial refuse, rubbish or trash in any park is prohibited. (Ord. 00-674 § 9; Ord. 08-865 § 1).
10.03.100 Animal control.
All pets must be on a leash while on park property except that dogs may be off-leash in any designated off-leash area. Pet feces must be immediately removed from park property. It is unlawful for any person accompanied by a pet not to have in his or her possession the equipment necessary to remove that pet’s feces from park property. Any person in violation of this section is subject to a civil fine pursuant to DMC 1.17.110. Each day during which a violation occurs constitutes a separate infraction. (Ord. 00-674 § 10; Ord. 08-865 § 1; Ord. 14-963 § 7).
10.03.105 Ross Memorial Plaza as a pet free park. Pets are hereby prohibited in Ross Memorial Plaza. Any person in violation of this section is subject to a civil fine pursuant to DMC 1.17.110. (Ord. 18-1036 § 1).
10.03.110 Overnight use.
No person shall camp, set tents or shelters for overnight use, or sleep on seats or benches in any park, except as may be expressly authorized by the City of DuPont. (Ord. 08-865 § 1).
10.03.120 Damage or removal of plants prohibited.
Unauthorized cutting, removal, or destruction of any turf, tree, plant, shrub, or flower on park property is prohibited. While inside any park, having in one’s possession any newly-plucked branch, tree, plant, or shrub without specific permission may be deemed presumptive evidence of such cutting, removal, or destruction. (Ord. 08-865 § 1).
10.03.121 Digging, excavating and metal detecting devices prohibited.
Unauthorized digging, excavating or use of any metal detecting devices for the purposes of locating any item to be retrieved, uncovered, or discovered through digging or excavating is prohibited in all parks and City owned or controlled property. Digging or excavating includes, but is not limited to, the disturbance, removal or displacement of soil, turf, and subsurface materials of any kind by hand or by tool or machine. This prohibition and any associated penalties for its violation does not include accidental and/or de minimis disturbance of soil, turf, subsurface materials or similar. City employees, volunteers and private parties authorized by the Director or designee are exempt from this prohibition and any associated penalties. (Ord. 24-1139 § 1).
10.03.130 Vehicular standards.
It is unlawful for any person operating a motor vehicle to enter or leave a park by other than established vehicular entrances and exits. The parking of vehicles in any park other than in designated parking areas is prohibited. Except for authorized maintenance vehicles and equipment, no person shall drive or park a motor vehicle on grass or landscaping within park property unless prior approval has been obtained from the City of DuPont. It is unlawful for any person to park a vehicle along roadways or in parking areas in a manner that impedes the normal flow of traffic or that causes conditions that are hazardous to public safety. All vehicles, including bicycles, shall obey posted regulatory signs. (Ord. 08-865 § 1).
10.03.140 Special regulations.
The City of DuPont may post special regulations on any park property where such regulations are necessary for the public peace, and the health, safety and welfare of park users. Violation of such regulations shall constitute a violation of this chapter. (Ord. 00-674 § 11; Ord. 08-865 § 1. Formerly 10.03.110).
10.03.150 Emergency conditions.
In case of an emergency, or where life or property are endangered, all persons, if requested to do so by an employee of the City of DuPont, shall immediately leave the specified area and remain off the premises until permission is given by the City to return. (Ord. 00-674 § 12; Ord. 08-865 § 1. Formerly 10.03.120).
10.03.160 Penalty for violation.
Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be subject to the terms and conditions of Chapter 1.17 DMC, Enforcement. (Ord. 00-674 § 13; Ord. 08-865 § 1. Formerly 10.03.130).