Chapter 9.06 PARK CODE

A. “Board of park commissioners” means the advisory board, established by city charter, which acts in an advisory capacity to the mayor, city council, department of parks and recreation and other city departments in respect to park and recreation matters;

B. “Civil infraction” means an offense that is established by city ordinance and punishable by the imposition of a civil fine. A civil infraction proceeding is initiated by the issuance, service, and filing of a notice of civil infraction. A notice of civil infraction may be issued by a person designated by the parks and recreation director to enforce the park code when the civil infraction occurs in that person’s presence. A court may issue a notice of civil infraction if a person designated by the parks and recreation director to enforce the park code files with the court a written statement that the civil infraction was committed in his/her presence or that he/she has reasonable cause to believe that a civil infraction was committed. Procedural rules for civil infractions are set forth in the Infraction Rules for Courts of Limited Jurisdiction.

C. A “gross misdemeanor” is a criminal offense that may be punished by a fine not to exceed five thousand dollars or imprisonment not to exceed three hundred sixty-four days, or by both such imprisonment and fine. A “misdemeanor” is a criminal offense that may be punished by a fine not to exceed one thousand dollars, or imprisonment not to exceed ninety days, or by both such imprisonment and fine. Whenever the performance of any act is prohibited by any ordinance, and no penalty for the violation of such ordinance is imposed, the committing of such act shall be a misdemeanor.

D. “Park” means and includes any and all city parks, public squares, park drives, the Wetmore Theatre Plaza and any other plaza hereinafter deemed to be a park, parkways, boulevards, golf courses, park museums, zoos, bathing beaches, and play and recreation grounds that have been established as parks. (Ord. 3360-13 § 1, 2013: Ord. 2442-00 § 11, 2000: prior code § 14.08.040)

9.06.030 Construction of provisions.

This chapter is declared to be an exercise of the police power of the state and Everett for the public peace, health, safety and welfare, and its provisions shall be liberally construed. (Prior code § 14.08.020)

9.06.034 Parks and recreation director responsibility and authority.

A. It shall be the responsibility of the parks and recreation director of the city to enforce all provisions of the city park code and park rules and regulations.

B. The parks and recreation director and his/her designees shall be empowered to exercise the authority of peace officers to the extent necessary to enforce the city park code, which power shall include issuance of citations.

C. The parks and recreation director and his/her designees shall be empowered to exercise the authority of peace officers to the extent necessary to enforce the city parking laws (Chapter 46.28) within one thousand feet of any city park, which power shall include issuance of citations.

D. Persons designated by the parks and recreation director to enforce the park code shall bear identification reflecting the authority under which they act, which identification shall be shown to any person requesting the same. Persons designated to enforce the park code shall be known as park rangers. (Ord. 3360-13 § 2, 2013: Ord. 2442-00 § 12, 2000: Ord. 1615-89 §§ 1, 4 (part), 1989)

9.06.035 Permit regulations.

The parks and recreation director shall adopt rules and regulations related to activities which may be allowed even though otherwise prohibited by the park code. These rules and regulations shall assure that prohibited activities which are otherwise allowed by permit allow the full, peaceful utilization of the parks by the general public to the greatest extent possible and are consistent with the public health, safety, and welfare. (Ord. 3360-13 § 3, 2013)

9.06.036 Obstructing a park ranger prohibited.

A person commits the offense of obstructing a park ranger if:

A. He or she intentionally uses or threatens to use force to obstruct a person he or she knows or should reasonably know is a park ranger and while such park ranger is performing his or her official duties; or

B. He or she willfully hinders, delays or obstructs any park ranger in the discharge of his or her official powers or duties. (Ord. 3360-13 § 4, 2013: Ord. 1615-89 §§ 2, 4 (part), 1989)

9.06.038 Refusal to give information to park ranger.

A. A person commits the offense of refusal to give information to a park ranger if he or she knows or should know they are in a city park and fails to comply with any of the duties set forth in subsection B of this section.

B. 1. Any person who is requested or signaled to stop by a park ranger has a duty to stop. Whenever any person is stopped for investigation of a park code violation, the park ranger may detain that person for a reasonable period of time necessary to identify the person, check for outstanding warrants and/or driver license status, and complete and issue a notice of infraction or criminal citation.

2. Any person requested to identify himself or herself to a park ranger pursuant to an investigation of a park code violation has a duty to identify himself or herself and give his or her date of birth and current address. (Ord. 3360-13 § 5, 2013: Ord. 1615-89 §§ 3, 4 (part), 1989)

9.06.040 Posting signs.

A. Except with the written consent of the parks and recreation director, it is unlawful to use, place or erect any signboard, sign, billboard, bulletin board, post, pole or device of any kind of advertising in any park; or to attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, railing, post or structure in any park; or to place or erect a structure of any kind in any park.

B. Violation of any of the provisions of this section constitutes an infraction, and may be punished by a penalty of not more than two hundred fifty dollars. (Ord. 3360-13 § 6, 2013: Ord. 2442-00 § 13, 2000: Ord. 1035-84 § 1, 1984; prior code § 14.08.050)

9.06.045 Handbilling.

A. It is unlawful to distribute any handbills, circulars, or signs in any park in a manner that interferes with or obstructs the normal passage of people or vehicles.

B. Violation of any of the provisions of this section constitutes an infraction, and may be punished by a penalty of not more than two hundred fifty dollars. (Ord. 3360-13 § 7, 2013)

9.06.050 Interfering with park property.

A. It is unlawful for any person to tamper or interfere with any park property, structure, facility or station. This prohibition applies to all aspects of the natural or landscaped environment and to any structure, object, equipment, improvement, or other park property.

B. Violation of any of the provisions of this section constitutes an infraction, and may be punished by a fine of not more than two hundred fifty dollars. (Ord. 3360-13 § 8, 2013: Ord. 2442-00 § 14, 2000: prior code § 14.08.060)

9.06.052 Damaging park property.

A. A person commits the offense of damaging park property if he or she knowingly and maliciously causes physical damage to any park property, structure, facility or station. This prohibition applies to all aspects of the natural or landscaped environment and to any structure, object, equipment, improvement, or other park property.

B. Damaging park property is a gross misdemeanor and may be punished by a fine of not more than five thousand dollars or by imprisonment not to exceed three hundred sixty-four days or by both such fine and imprisonment. (Ord. 3360-13 § 9, 2013)

9.06.055 Illegal dumping—Abandonment of animals.

A. It is unlawful to deposit household or commercial garbage, trash, refuse, waste, debris, rubbish or organic matter which is brought as such from any private property, in any park garbage receptacle or upon any park property.

B. It is unlawful to abandon an animal by intentionally, knowingly, recklessly or with criminal negligence leaving a domesticated animal in a park. (Ord. 3360-13 § 10, 2013: Ord. 2442-00 § 10, 2000)

9.06.060 Animals at large.

A. The parks and recreation director may designate certain areas in parks as allowing dogs and/or other pets to be off leash.

B. It is unlawful for any person to allow or permit any animal to be at large in any park. This subsection does not apply to:

1. Areas that are designated as “off-leash” areas;

2. Animals that are dog guides or service animals, as defined in Chapter 70.84 RCW (White Cane Law); or

3. Animals used by a law enforcement officer in the performance of his or her official duties.

C. 1. “At large” means that the animal is not on a leash or otherwise securely caged or securely restrained.

2. “Securely restrained” means that the person who has the animal under restraint has sufficient control over the animal to prevent it from biting or otherwise molesting or annoying other park visitors or their animals, within the immediate area surrounding the animal.

3. Leashes must be visible and no greater than ten feet in length.

D. The parks and recreation director may ban dogs and other pets from areas of any park where he or she determines it appropriate.

E. Any person with any animal in his or her possession in any park shall be responsible for the conduct of the animal and shall not allow the animal to bite or otherwise molest or annoy other park visitors.

F. Any person with an animal in his or her possession in any park shall carry sufficient equipment for removing fecal matter, and shall collect and place fecal matter deposited by such animal in an appropriate receptacle.

G. Violation of any of the provisions of this section under circumstances not amounting to a violation of Chapter 6.08 (Dangerous Dogs) constitutes an infraction, and may be punished by a penalty of not more than two hundred fifty dollars. (Ord. 3360-13 § 11, 2013: Ord. 2442-00 § 15, 2000: prior code § 14.08.070)

9.06.070 Weapons.

A. A person commits the offense of aiming or discharging a firearm if he/she aims any firearm, whether loaded or not, at or toward any human being; or willfully discharges any firearm, air gun, or similar weapon; or throws or otherwise propels any deadly missile, bow and arrow or slingshot in any park.

B. Subsection A of this section does not apply to:

1. Law enforcement personnel;

2. Department of parks and recreation employees acting pursuant to and in accordance with rules and regulations of the parks and recreation director;

3. Participants in a parks and recreation program which, as a component of the program, includes the use of such weapons; or

4. Hunters accessing park areas designated for the purposes of hunting, in accordance with Washington State Department of Fish and Wildlife regulations. Hunters are required to keep gun actions open and unloaded while on city property. (Ord. 3360-13 § 12, 2013: Ord. 2442-00 § 16, 2000: prior code § 14.08.080)

9.06.080 Feeding animals.

It is unlawful in any manner to feed any fowl, farm animals or wildlife, except at areas designated by the parks and recreation director for such purposes. Violation of any of the provisions of this section constitutes an infraction, and may be punished by a penalty of not more than two hundred fifty dollars. (Ord. 3360-13 § 13, 2013: Ord. 2442-00 § 17, 2000: prior code § 14.08.090)

9.06.090 Business activity in parks.

A. Except with the prior written approval of the parks and recreation director, it is unlawful to conduct any type of business activity in any park.

B. As used in this section, “business activity” shall include, but not be limited to, the following:

1. Sale, display for sale, or taking or attempting to take orders for the sale of food, edible, beverage, liquid, merchandise, or any other tangible or intangible thing, right, privilege or claim;

2. Providing classes or other forms of instruction for a fee or other valuable consideration;

3. Use of park facilities for advertising any business, product, or service;

4. Soliciting contributions for commercial ventures; or

5. Seeking opinions, preferences, or other information for commercial purposes. (Ord. 3360-13 § 14, 2013: prior code § 14.08.100)

9.06.100 Selling refreshments or merchandise.

Repealed by Ord. 3360-13. (Ord. 2442-00 § 18, 2000: prior code § 14.08.110)

9.06.104 Groups or assemblies—Reservations.

City parks and recreational facilities shall be available for any group or assembly on a first come, first serve basis. Groups or assemblies calculated to attract a large number of people, relative to the size and capacity of the park or facility must, prior to the event, reserve the space. A large group or assembly is that which would occupy one-tenth or more of the user capacity of the park or facility. (Ord. 889-82 § 2, 1982)

9.06.108 Groups or assemblies—Permit—Application.

Reservations as required in Section 9.06.104 shall be made by obtaining a written permit through the office of the director of parks and recreation. A permit may be obtained by submitting a written application to the director’s office, at least fourteen working days prior to the day of the intended use. The application shall contain such information as the director of parks and recreation shall deem necessary to insure compliance with Sections 9.06.104 through 9.06.116 and/or any other applicable laws and regulations. (Ord. 889-82 § 3, 1982)

9.06.112 Groups or assemblies—Permit—Denial.

Applications will be denied, approved or approved with conditions within ten calendar days prior to the date scheduled for the event. Denial of applications will be based on one or more of the following:

A. The space had already been applied to for reservation at the time of the application submission, or;

B. The event or assembly for which the permit is sought would, because of its time, place or nature, obstruct or substantially interfere with the enjoyment and use by the general public; or

C. The event or assembly for which a permit is sought is in violation of Sections 9.06.104 through 9.06.116 and/or any other applicable ordinance, law or regulation.

The director of parks and recreation shall have authority to approve a permit subject to the applicant meeting reasonable conditions consistent with Sections 9.06.104 through 9.06.116 and city ordinances and policies as now exist or are hereafter amended. (Ord. 889-82 § 4, 1982)

9.06.116 Parks and recreation facilities—Fee for use.

The director of parks and recreation is authorized to charge fees for the use of city park and recreation facilities as are established by city ordinances and policies as now exist or are hereafter amended. (Ord. 3360-13 § 16, 2013: Res. 4057 § 1, 1995; Ord. 889-82 § 5, 1982)

9.06.120 Boating.

A. It is unlawful to have, keep or operate any boat, float, raft or other watercraft in or upon any bay, lake, slough, river or creek, within the limits of any park, or to land the same at any point upon the shores thereof bordering upon any park, except at places set apart for such purposes by the parks and recreation director and so designated by signs. Further, it is unlawful for any person to moor any watercraft overnight in any park, except by permit of the parks and recreation director or his or her designee.

B. Violation of any of the provisions of this section constitutes an infraction, and may be punished by a penalty of not more than two hundred fifty dollars. (Ord. 3360-13 § 17, 2013: Ord. 2442-00 § 19, 2000: prior code § 14.08.130)

9.06.125 Parking for certain purposes prohibited.

A. No person shall park any vehicle in any park for the principal purpose of:

1. Displaying of commercial or noncommercial signs; or

2. Displaying such vehicle for sale.

B. No person shall park any vehicle in any park for the principal purpose of washing, greasing, or repairing such vehicle except repairs necessitated by an emergency.

C. Violation of any of the provisions of this section constitutes an infraction, and may be punished by a penalty of not more than two hundred fifty dollars. (Ord. 2442-00 § 23, 2000)

9.06.130 Restrictions on vehicles.

A. It is unlawful to:

1. Ride or drive any bicycle, tricycle, motorcycle, motor vehicle, off-highway vehicle, horse or pony over or through any park except along and upon the park drives, parkways, park boulevards, or other areas that may be designated by the parks and recreation director.

2. Ride or drive any bicycle or motor vehicle over or through any park at a speed in excess of fifteen miles per hour.

3. Stand or park any vehicle in any park, except in areas that may be designated by the parks and recreation director.

B. Violation of any of the provisions of this section constitutes an infraction, and may be punished by a penalty of not more than two hundred fifty dollars. (Ord. 3360-13 § 18, 2013: Ord. 2442-00 § 20, 2000: prior code § 14.08.140)

9.06.132 Skateboarding.

A. Unless otherwise posted, it is unlawful for any person to use, operate or ride skateboards, in-line skates, roller skates, bicycles, coasters, toy vehicles or any device similar to the foregoing:

1. On tennis courts, pickle ball courts, or stages.

2. In any other area of a park if so posted.

B. Violation of any of the provisions of this section constitutes an infraction, and may be punished by a penalty of not more than two hundred fifty dollars. (Ord. 3360-13 § 19, 2013: Ord. 2442-00 § 8, 2000)

9.06.135 Noise.

A. No person shall, without prior written approval of the parks and recreation director or authorized parks department employee, cause or allow to be emitted noise in a park which:

1. Exceeds the maximum permissible noise levels set forth in Sections 20.08.040 and 20.08.050; or

2. Is a motor vehicle noise specifically prohibited by Section 20.08.080(B); or

3. Is a disturbance noise or a nuisance noise.

B. The following sources of sound shall be disturbance noises and are also subject to regulation under the provisions of Sections 20.08.030 through 20.08.050:

1. Frequent, repetitive or continuous noise made by any animal which unreasonably disturbs or interferes with the peace, comfort and repose of park users or nearby residents;

2. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law;

3. The creation of frequent, repetitive or continuous noise in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine so as to unreasonably disturb or interfere with the peace, comfort or repose of park users or nearby residents;

4. Yelling, shouting, hooting, whistling or singing so as to unreasonably disturb or interfere with the peace, comfort and repose of park users or nearby residents;

5. The use of a sound amplifier or other device capable of producing or reproducing amplified sound, except with prior permission of the parks director or his designee;

6. Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than fifty feet from the source; and

7. Sound from audio equipment, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than fifty feet from the source.

C. “Nuisance noise” means any sound which unreasonably either annoys, injures, interferes with or endangers the comfort, repose, health or safety of park users or nearby residents.

D. No sound source specifically exempted by Chapter 20.08 shall be a disturbance noise or nuisance noise insofar as the particular source is exempted.

E. The provisions of this section shall not apply to regularly scheduled events at parks, such as public address systems for baseball games or park concerts.

F. If the measurement of sound is necessary to determine compliance with this section, such measurement shall be done in accordance with Chapter 20.08.

G. The provisions of this section shall be cumulative and nonexclusive, and shall not affect any other claim, cause of action or remedy; nor, unless specifically provided, shall this section be deemed to repeal, amend or modify any law, ordinance or regulation relating to noise, but shall be deemed additional to existing legislation and common law on noise.

H. For purposes of this section, the following definitions apply:

1. “Motorcycle” means any motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, except farm tractors and such vehicles powered by engines of less than five horsepower.

2. “Motor vehicle” means any vehicle which is self-propelled, used primarily for transporting persons or property upon public highways, and required to be registered pursuant to RCW 46.16A.030.

3. “Noise” means the intensity, duration and character of sounds from any and all sources.

4. “Off-highway vehicle” means any self-propelled motor driven vehicle not used primarily for transporting persons or property upon public highways nor required to be registered pursuant to RCW 46.16A.030.

5. “Person” means any individual, firm, association, partnership, corporation or any other entity, public or private.

I. Violation of any of the provisions of this section constitutes an infraction, and may be punished by a penalty of not more than two hundred fifty dollars. (Ord. 3440-15 § 1, 2015: Ord. 3360-13 § 20, 2013: Ord. 2442-00 § 3, 2000)

9.06.140 Remote control models, hang gliders, hot air balloons.

A. It is unlawful to operate any remote control and/or motorized model aircraft, rocket, watercraft or similar device in any park, or to launch or land any hang glider or hot air balloon, except at places set apart by the parks and recreation director for such purposes or as authorized by a permit from the parks and recreation director.

B. Violation of any of the provisions of this section constitutes an infraction, and may be punished by a penalty of not more than two hundred fifty dollars. (Ord. 3360-13 § 21, 2013: Ord. 2442-00 § 4, 2000)

9.06.142 Disorderly conduct.

A person commits the offense of disorderly conduct in a city park if he or she, while in a city park:

A. Uses abusive or obscene language and thereby intentionally creates a risk of assault; or

B. Intentionally and unreasonably disrupts any lawful assembly or meeting of persons and refuses or intentionally fails to cease such activity when ordered to do so by the person in charge of the assembly or meeting; or

C. Intentionally obstructs vehicular or pedestrian traffic without lawful authority; or

D. Engages in a fight or brawl; provided, “fight or brawl” shall not include boxing matches, or martial arts contests or exhibitions, where all participants in said match, contest or exhibition are wearing boxing gloves, or protective gloves or like protective devices commonly used in martial arts contests or exhibitions. (Ord. 3360-13 § 22, 2013: Ord. 2442-00 § 5, 2000)

9.06.144 Lewd conduct.

A. A person commits the offense of lewd conduct in a city park if he or she intentionally performs any lewd act in a city park. The act of breastfeeding or expressing breast milk is not lewd conduct.

B. A “lewd act” as used in this section is:

1. An exposure of one’s genitals, anus, or any portion of the areola or nipple of the female breast; or

2. The touching, caressing or fondling of the genitals or female breasts; or

3. Masturbation; or

4. Sexual conduct.

C. “Sexual conduct” as used in this section means sexual intercourse or any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party, whether such persons are the same or opposite sex. (Ord. 3360-13 § 23, 2013: Ord. 2442-00 § 6, 2000)

9.06.146 Urinating in public.

A person is guilty of urinating in public in a city park if he or she intentionally urinates or defecates in a city park in a place other than a wash room or toilet room. (Ord. 3360-13 § 24, 2013: Ord. 2442-00 § 7, 2000)

9.06.148 Trail use.

Unless otherwise posted, it is unlawful to use bicycles or other similar wheeled vehicles on trails. Further, it is unlawful for any person to travel on a trail at a speed greater than is reasonable and prudent under the existing conditions and having regard to actual and potential hazards. In every event, speed shall be so controlled as may be necessary to avoid colliding with others who are complying with the law and using reasonable care. Travel at speeds in excess of fifteen miles per hour on a walking/vehicle trail, unless otherwise posted, shall constitute in evidence a prima facie presumption that the person violated this section. Travel at speeds fifteen miles per hour or less shall not relieve the rider from maintaining control of themselves and their equipment, and from the duty to ride with due regard for the safety of all persons. Violation of any of the provisions of this section constitutes an infraction, and may be punished by a penalty of not more than two hundred fifty dollars. (Ord. 3360-13 § 25, 2013: Ord. 2442-00 § 9, 2000)

9.06.150 Golfing, baseball, etc.

A. 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 parks and recreation director.

B. Violation of any of the provisions of this section constitutes an infraction, and may be punished by a penalty of not more than two hundred fifty dollars. (Ord. 3360-13 § 26, 2013: Ord. 2442-00 § 21, 2000: prior code § 14.08.160)

9.06.160 Littering.

A. It is unlawful to leave, deposit, drop or scatter any bottles, broken glass, ashes, paper, cans or other rubbish, litter or refuse in any city park except in a garbage can or other receptacle designated for such purposes.

B. Violation of any of the provisions of this section constitutes an infraction, and may be punished by a penalty of not more than two hundred fifty dollars. (Ord. 3360-13 § 27, 2013: Ord. 2442-00 § 22, 2000: prior code § 14.08.170)

9.06.170 Automobile testing.

Repealed by Ord. 2442-00. (Prior code § 14.08.180)

9.06.180 Speed or endurance competitions.

It is unlawful to engage in, conduct or hold any trials or competitions for speed, endurance or hill climbing involving any vehicle, boat, aircraft or animal in any park. (Prior code § 14.08.190)

9.06.190 Building fires.

A. It is unlawful to build any fires in any park except in areas designated by the parks and recreation director.

B. Violation of any of the provisions of this section constitutes an infraction, and may be punished by a penalty of not more than two hundred fifty dollars. (Ord. 3360-13 § 28, 2013: Ord. 2442-00 § 24, 2000: prior code § 14.08.200)

9.06.200 Golf course liquor concessionaires.

A. Concessionaires of the city operating at the club houses of Legion Memorial and Walter E. Hall golf courses are authorized, subject to appropriate city, state, and federal requirements, to sell and/or dispense liquor; provided, however, that the privilege shall be limited to those concessionaires who operate full restaurant facilities in conjunction with the sale and/or dispensing of liquor.

B. The sale or dispensing of any liquor on city park property other than by a concessionaire or person authorized by the city is unlawful.

C. The sale or dispensing or consumption of liquor under this section shall be limited to the concessionaire’s premises only; provided, however, the concessionaire is permitted to sell liquor on the golf courses and such liquor sold may be consumed on the golf courses as well.

D. All liquor sold on city-owned golf courses shall be in containers opened at the time and point of sale and shall not be taken onto the parking lot. (Ord. 3296-12 § 3, 2012: Ord. 2715-03 § 1, 2003; Ord. 2625-02 § 1, 2002: prior code § 14.08.210)

9.06.202 Consumption or possession of liquor in a city park.

A. A person commits the offense of consumption or possession of liquor in a city park if he or she consumes or possesses liquor in a city park.

B. The prohibitions of subsection A of this section include possession of unopened liquor packages.

C. The prohibitions of subsection A of this section shall not apply under circumstances where the person consuming or possessing liquor in a park does so under circumstances that are otherwise allowed by provision of the Everett Municipal Code. (Ord. 3360-13 § 29, 2013: Ord. 3296-12 § 2, 2012: Ord. 2442-00 § 1, 2000)

9.06.203 Opening or consuming marijuana in a city park—Failure to respond—Failure to comply.

A. It is unlawful to open a package containing marijuana, usable marijuana, or a marijuana-infused product, or consume marijuana, usable marijuana, or a marijuana-infused product, in a city park. A person who violates this section is guilty of a civil infraction and shall be penalized in accordance with the penalty schedule for class 3 civil infractions under Chapter 7.80 RCW.

B. Any person who, after receiving a statement of the options provided in Chapter 7.80 RCW for responding to the notice of civil infraction and the procedures necessary to exercise these options, fails to exercise one of the options in a timely manner is guilty of a misdemeanor regardless of the disposition of the notice of civil infraction. A notice of civil infraction may be complied with by an appearance by counsel.

C. A person who willfully fails to pay a monetary penalty or to perform community restitution as required by a court under this section may be found in contempt of court as provided in Chapter 7.21 RCW.

D. The terms “marijuana,” “usable marijuana,” and “marijuana-infused product” shall be defined as set forth in Chapter 10.02. (Ord. 3360-13 § 30, 2013)

9.06.204 Possession of marijuana in a city park.

A. Any person who possesses forty grams or less of marijuana in a city park shall be guilty of a misdemeanor.

B. Subsection A of this section shall not apply to or affect the following: the possession, by a person twenty-one years of age or older, of usable marijuana or marijuana-infused products in amounts that do not exceed those set forth in subsection C of this section.

C. The amounts of usable marijuana or marijuana-infused products applicable to this section are:

1. One ounce of usable marijuana;

2. Sixteen ounces of marijuana-infused product in solid form;

3. Seventy-two ounces of marijuana-infused product in liquid form.

D. The terms “marijuana,” “usable marijuana,” and “marijuana-infused product” shall be defined as set forth in Chapter 10.02. (Ord. 3360-13 § 31, 2013)

9.06.205 Possessing or obtaining tobacco by minor.

A. It is unlawful for any person under the age of eighteen to possess or obtain, or attempt to obtain, cigarettes or tobacco products in a city park. Violation of any of the provisions of this section constitutes a civil infraction, and may be punished by a penalty of not more than two hundred fifty dollars. In addition to or in lieu of the monetary penalty, the court may order participation in up to four hours of community service or participation in a smoking cessation program, or both.

B. Any person requested to identify himself or herself to a park ranger pursuant to an investigation of a violation of this section has a duty to identify himself or herself and give his or her current address. Refusal to give the information required by this section is punishable under Section 9.06.038. (Ord. 3360-13 § 32, 2013: Ord. 2442-00 § 2, 2000)

9.06.206 Unlawful camping in city park.

A. A person commits the offense of unlawful camping in a city park if he or she camps in any park, except as otherwise provided by ordinance or park rule or as permitted pursuant to Section 8.56.060.

B. Definitions.

1. “Camp” means to pitch, use, or occupy camp facilities for the purposes of habitation, as evidenced by the use of camp paraphernalia.

2. “Camp facilities” include, but are not limited to, tents, huts, temporary shelters, or vehicles if said vehicle is being used as a temporary living quarters.

3. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks or cooking facilities or equipment. (Ord. 3360-13 § 33, 2013)

9.06.207 Unlawful storage of personal property in city park.

A. A person commits the offense of unlawful storage of personal property in a city park if he or she stores personal property, including camp facilities and camp paraphernalia, in a city park, except as otherwise provided by ordinance or park rule.

B. Definitions.

1. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.

2. “Camp facilities” and “camp paraphernalia” have the same meanings as set forth in Section 9.06.206(B). (Ord. 3360-13 § 34, 2013)

9.06.208 Trespass in parks.

A. A person commits the offense of trespass in parks if he or she knowingly: (1) enters or remains in a park from which he or she has been excluded during the period covered by an exclusion notice pursuant to Section 9.06.235; (2) enters, remains in, or is otherwise present within the premises of a park during hours which the park or portion of the park is not open to the public, unless the person is present within the park to participate in an activity either conducted by the parks and recreation department or conducted pursuant to the terms of a permit issued by the parks and recreation department; or (3) enters or remains in any area of a park which has been designated and posted by the director as a closed area, using such postings as “no admittance” or “closed to use” or “no trespassing.”

B. Unless otherwise posted, city parks are open to the public from six a.m. to dusk. “Dusk” is defined as thirty minutes after sunset. The parks are closed to the public outside of posted times. The parks and recreation director shall have the authority to modify the time a city park is open and closed to the public where the director determines it appropriate.

C. The provisions of this section do not apply to any duly authorized department of parks and recreation or other city employee in the performance of his or her duties, or other person authorized by law.

D. It is not a defense to the crime of trespass in parks:

1. That the underlying exclusion issued pursuant to this chapter is on appeal when the excluded person is apprehended, charged, or tried under this section; nor

2. That the excluded person entered or remained in the park pursuant to a permit that was issued in the name of another person either before or after the date of the exclusion notice. (Ord. 3630-18 § 1, 2018; Ord. 3360-13 § 35, 2013: Ord. 3236-11 § 8, 2011: Ord. 3059-08 § 1, 2008; Ord. 2442-00 § 29, 2000)

9.06.210 Violation of park rules unlawful.

It is unlawful to violate or fail to comply with any park rule or regulation duly adopted and posted by the parks and recreation director. Unless otherwise provided, violation of any park rule or regulation duly adopted and posted by the parks and recreation director constitutes an infraction, and may be punished by a penalty of not more than two hundred fifty dollars. (Ord. 3360-13 § 36, 2013: Ord. 2442-00 § 25, 2000: prior code § 14.08.220)

9.06.220 Reward for assistance in enforcing chapter.

The parks and recreation director may offer, post and pay a suitable reward not exceeding twenty-five dollars for information leading to the arrest and conviction of anyone violating the provisions of this chapter. (Ord. 3360-13 § 37, 2013: Ord. 2442-00 § 26, 2000: prior code § 14.08.230)

9.06.230 Principal offender defined.

Anyone concerned in the violation of this chapter whether directly committing the act or omitting to do the thing constituting 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. (Prior code § 14.08.240)

9.06.235 Procedure for exclusion from city parks.

A. The parks and recreation 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, anyone who within a city park:

1. Violates any provision of this chapter; or

2. Violates any park rule; or

3. Engages in any conduct constituting probable cause that he or she is committing or has committed any criminal offense; or

4. Conducts himself/herself in a manner that unreasonably interferes with the use and enjoyment of the premises by other members of the public or the work environment of city staff.

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 parks and recreation director or his/her designee or upon civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause.

B. If the offender:

1. Has not been excluded from any city park by an exclusion notice issued within one year prior to the current violation, then the parks and recreation director or his/her designee may exclude the offender from any or all city parks for a period of sixty days from the date of issuance of the exclusion notice.

2. Has been the subject of a prior exclusion notice issued within one year prior to the current violation, then the parks and recreation director or his/her designee may exclude the offender from any or all city parks for a period of one hundred eighty days from the date of issuance of the exclusion notice.

C. 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.

D. The original exclusion notice will be forwarded to the Everett police department records unit for entry into the police records management system. One copy of the exclusion notice will be maintained by park staff and one copy will be delivered to the subject of the notice as provided in this section.

E. An offender receiving an exclusion notice may request a hearing to have the exclusion notice rescinded or modified. The hearing examiner shall be an elected or pro tempore Everett municipal court judge, unless the mayor designates another as hearing examiner. The request for a hearing shall be delivered to the parks and recreation 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. Immediately upon receipt of a request for hearing on an exclusion notice, department staff will forward the information directly to the legal department—criminal division (prosecutor), who will cause the scheduling of the hearing and take reasonable steps to notify the offender of the date, time and place of the hearing. An exclusion notice should only be rescinded or modified following a hearing as described herein.

F. The decision following a hearing is final. An offender seeking judicial review of the hearing examiner’s decision must file an application for a writ of review in the Snohomish County superior court.

G. The exclusion notice remains in effect during the pendency of any administrative or judicial proceeding.

H. 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.

I. It is the intent of the parks and recreation department that this section be enforced so as to emphasize voluntary compliance with laws and park rules, and so that inadvertent minor violations that would fall under subsection B.1 of this section can be corrected without resort to an exclusion notice. (Ord. 3360-13 § 38, 2013: Ord. 2442-00 § 28, 2000)

9.06.240 Penalty for violations.

Unless otherwise provided, any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of a misdemeanor and may be punished by a fine of not more than one thousand dollars or by imprisonment not to exceed ninety days or by both such fine and imprisonment. (Ord. 2442-00 § 27, 2000: Ord. 293-74 § 2 (part), 1974; prior code § 14.08.250)