Chapter 12.08
PUBLIC PARKS
Sections:
12.08.010 Public parks – Hours of use.
12.08.020 Injuring park property prohibited.
12.08.030 Depositing waste materials prohibited.
12.08.040 Depositing waste materials in watercourses and swimming pools prohibited.
12.08.050 Acts injurious to watercourses prohibited.
12.08.060 Excavations and removal of earth – Permit required.
12.08.070 Waterpipe, fountain or faucet – Injuring or leaving open prohibited.
12.08.080 Burning materials prohibited – Exceptions.
12.08.090 Advertisements prohibited – Exception.
12.08.100 Animals prohibited – Exceptions.
12.08.110 Driving or parking of motor vehicles.
12.08.123 Consumption of alcohol prohibited – Exception.
12.08.125 Sleeping prohibited.
12.08.130 Unlawful acts prohibited.
12.08.140 Enforcement authorized.
12.08.160 Violation – Penalty.
12.08.180 Trespass in park – Definition – Punishment.
12.08.010 Public parks – Hours of use.
The municipal parks and recreation lands of the City shall be open for use by the public from sunrise, or 6:00 a.m., whichever earlier occurs, until two hours after sunset, or 10:00 p.m., whichever earlier occurs. No person may enter, use, occupy or remain upon or in any municipal park or recreation lands of the City except during the above provided hours of use, without prior written permission of the Mayor or City Council. [Ord. 836 § 2, 2022; Ord. 389 § 1, 1989.]
12.08.020 Injuring park property prohibited.
It is unlawful for any person to injure, destroy, remove, cut or deface any playground or camping apparatus, building, fence, trees, flowers, shrubbery, lights, flagpole, flag rope, or any other property in any park of the City. [Ord. 836 § 2, 2022; Ord. 475 § 1, 1994.]
12.08.030 Depositing waste materials prohibited.
It is unlawful for any person to throw or deposit any beverage or food containers, boxes, garbage, rubbish or other waste materials in any place in such park except in the containers provided therefor. [Ord. 836 § 2, 2022; Ord. 475 § 1, 1994.]
12.08.040 Depositing waste materials in watercourses and swimming pools prohibited.
It is unlawful for any person to throw or deposit any beverage or food containers, boxes, brush, rubbish, garbage or other waste materials or substances in or along, or otherwise pollute, any watercourse or swimming pool in or adjacent to any park of the City. [Ord. 836 § 2, 2022; Ord. 475 § 1, 1994.]
12.08.050 Acts injurious to watercourses prohibited.
It is unlawful for any person to obstruct or change the course of any watercourse, or excavate in or near, or construct abutments on the banks or in any watercourse, in or along such park, except emergency or other necessary construction work pursuant to any required permits, or permit exemptions, from the City and all Federal and State agencies with jurisdiction. [Ord. 836 § 2, 2022; Ord. 475 § 1, 1994.]
12.08.060 Excavations and removal of earth – Permit required.
It is unlawful for any person to remove any sand or gravel out of any watercourse or bank thereof or to excavate or remove any earth from any park of the City without first securing a written permit therefor from the City Council. [Ord. 836 § 2, 2022; Ord. 475 § 1, 1994.]
12.08.070 Waterpipe, fountain or faucet – Injuring or leaving open prohibited.
It is unlawful for any person to injure, destroy or leave open any waterpipe, fountain or water faucet in any park of the City. [Ord. 836 § 2, 2022; Ord. 475 § 1, 1994.]
12.08.080 Burning materials prohibited – Exceptions.
It is unlawful for any person to burn any rubbish, wood or other combustible substance in any park of the City. This section shall not apply to gas, propane or solid fueled camp stoves or camp heaters, nor shall it apply to firewood in the stoves or fireplaces provided for such purposes. [Ord. 836 § 2, 2022; Ord. 475 § 1, 1994.]
12.08.090 Advertisements prohibited – Exception.
Subject to activities allowed by the U.S. Constitution or comparable provision of the Washington State Constitution, it is unlawful for any person to post, tack up, paint, set up or otherwise construct or expose to view any billboard, sign, placard or advertisement of any nature whatsoever in any place in such park, or within one block on either side of the entrances thereto, except during events and consistent with the event permit for park use. [Ord. 836 § 2, 2022; Ord. 475 § 1, 1994.]
12.08.100 Animals prohibited – Exceptions.
It is unlawful for any person to bring to or allow to remain in any City park any horse, cow, swine, goat, fowl, or any other domestic or wild animal, except household pets while on a leash, and except during events and consistent with the event permit for park use. [Ord. 836 § 2, 2022; Ord. 475 § 1, 1994.]
12.08.110 Driving or parking of motor vehicles.
It is unlawful for any person, except than park maintenance or medical or fire emergency personnel, to drive or park any motor vehicle, over or upon any part of such park other than on established roadways and parking areas marked open to public use. [Ord. 836 § 2, 2022; Ord. 475 § 1, 1994.]
12.08.115 Smoking prohibited.
It is unlawful for any person to smoke or light cigars, cigarettes, tobacco, cannabis, or other smoking material, including electronic nicotine delivery devices including, but not limited to, electronic cigarettes, vapor cigarettes, or similar products, within City parks or on City trails. The first violation of this section shall be a civil infraction under EMC 12.08.160(A) and shall be subject to the penalties set forth therein. Any second or further violation of this prohibition shall be a misdemeanor under EMC 12.08.160(B) and shall be subject to the penalties and punishments set forth therein. [Ord. 836 § 2, 2022; Ord. 787 § 1, 2017.]
12.08.120 Certain acts and conduct prohibited.
Repealed by Ord. 677. [Ord. 475 § 1, 1994.]
12.08.123 Consumption of alcohol prohibited – Exception.
It is unlawful for any person to consume alcohol in a City park, except during events and consistent with the event permit for park use. [Ord. 836 § 2, 2022.]
12.08.124 Intoxication.
It is unlawful for any person to enter, remain in, or loiter about in any City park, while in a state of intoxication or while impaired by alcohol, drugs, or any material or substance capable of producing a state of intoxication. [Ord. 836 § 2, 2022.]
12.08.125 Sleeping prohibited.
A. It is unlawful for any person to sleep on seats, benches, tables, picnic areas, play areas, playground equipment, sport fields/courts, pavilion areas, or any other areas within any City park when such activity unreasonably interferes with use by the general public, except during events and consistent with the event permit for park use.
B. No person shall be cited or arrested for violating this section under EMC 12.08.160 unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that the conduct violates the municipal code.
C. Enforcement of this section shall be suspended any time there is no space or beds available in regional homeless shelters that accept persons from the City, to the extent such available space or beds are required by law prior to enforcement. [Ord. 836 § 2, 2022.]
12.08.127 Camping prohibited.
A. It is unlawful for any person to camp within any City park, except during events and consistent with the event permit for park use.
B. “Camp” means to pitch, erect, or occupy camp facilities, or to use camp paraphernalia, or both for the purpose of, or in such a way as will facilitate, remaining overnight, or parking a camper, recreational vehicle, trailer, or other vehicle for the purpose of remaining overnight.
C. “Camp facilities” include, but are not limited to, tents, huts, temporary shelters, campers, recreational vehicles, or trailers.
D. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or cooking facilities and similar equipment.
E. Enforcement of this section shall be suspended any time there is no space or beds available in regional homeless shelters that accept persons from the City, to the extent such available space or beds are required by law prior to enforcement. [Ord. 836 § 2, 2022.]
12.08.130 Unlawful acts prohibited.
It is unlawful for any person to do any other act in any City park which is unlawful and/or contrary to the ordinances of the City and the statutes of the State. [Ord. 836 § 2, 2022; Ord. 475 § 1, 1994.]
12.08.140 Enforcement authorized.
It shall be the duty of the chief law enforcement officer of the City to enforce the provisions of this chapter and he/she shall have authority to appoint such officer or officers as may be necessary to enforce the same. [Ord. 836 § 2, 2022; Ord. 677 § 36, 2008; Ord. 475 § 1, 1994.]
12.08.150 Park regulations.
The City may by resolution adopt reasonable park rules not inconsistent with this chapter for the regulation of day use, motor vehicle use, bicycling, pets, vandalism and litter, overnight camping with a permit, kitchen shelter use, firearms and fireworks, fires, concessions, and/or use of recreational and interpretive facilities. [Ord. 836 § 2, 2022; Ord. 677 § 36, 2008; Ord. 475 § 1, 1994.]
12.08.160 Violation – Penalty.
A. First Offense. The first violation of any of the provisions of this chapter within a 365-day period shall be a civil infraction punishable by a maximum penalty of $250.00.
B. Second Offense. A second or further violation of any of the provisions of this chapter within a 365-day period shall be a simple misdemeanor, and may be punished by a fine of not more than $1,000 or by imprisonment not to exceed 90 days or by both such fine and imprisonment. [Ord. 836 § 2, 2022; Ord. 787 § 2, 2017; Ord. 677 § 36, 2008; Ord. 475 § 1, 1994.]
12.08.170 Park exclusion.
A. The Chief Law Enforcement Officer of the City, or his/her designee, may, by delivering an exclusion notice in person to the offender, exclude from a City park anyone who, within a City park:
1. Violates any provision within this chapter;
2. Violates any City park rule; or
3. Violates any provision of the Everson Municipal Code or Revised Code of Washington.
The offender need not be charged, tried, or convicted of any crime or infraction in order for an exclusion notice to be issued or effective. The exclusion may be based upon observation by the Chief Law Enforcement Officer of the City, his/her designee, or upon the sort of 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 violation and the current violation is not a felony violation or weapon violation, then the Chief Law Enforcement Officer of the City, or his/her designee, may exclude the offender from the City parks for a period not exceeding 90 days from the date of the exclusion notice;
2. Has been the subject of a prior exclusion notice issued within one year prior to the current violation and neither the current nor the past violation was a felony violation or weapon violation, then the Chief Law Enforcement Officer of the City, or his/her designee, shall exclude the offender from the City parks for a period of one year from the date of the exclusion notice;
3. Has been the subject of two or more prior exclusion notices issued within one year prior to the current violation, all from the same City park in which the current violation occurred, or if the current violation is a felony violation or weapon violation, then the Chief Law Enforcement Officer of the City, or his/her designee, shall exclude the offender from the City parks for a period of two years from the date 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.
D. An offender receiving an exclusion notice may seek a hearing before the judge of the Everson Municipal Court to have the exclusion notice rescinded or the period of exclusion shortened. The request for a hearing shall be delivered to the Clerk of the Everson Municipal Court or postmarked no later than 10 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. The hearing should occur within 30 days after the Clerk receives the request for hearing. The Clerk shall take reasonable steps to notify the offender of the date, time, and place of the hearing.
E. The Court may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer oaths to witnesses. The Court shall not issue a subpoena for the attendance of a witness at the request of the offender unless the request is accompanied by the fee required by RCW 5.56.010 for a witness in district court. The offender shall be responsible for serving any subpoena issued at the offender’s request.
F. 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 Court shall consider a sworn report or a declaration under penalty of perjury as authorized by RCW 9A.72.085, 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.
G. If the violation is proved, the exclusion notice shall be upheld; but upon good cause shown, the Court may shorten the duration of the exclusion. If the violation is not proven by a preponderance of the evidence, the Court shall rescind the exclusion. If the Court rescinds an exclusion, the exclusion shall not be considered a prior exclusion for purposes of subsection B of this section.
H. The decision of the Judge of the Everson Municipal Court is final. An offender seeking judicial review of the Court’s decision must file an application for a writ of review in the Whatcom County Superior Court within 14 days of the date of that decision.
I. The exclusion shall remain in effect during the pendency of any administrative or judicial proceeding.
J. 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.
K. This section shall be enforced so as to emphasize voluntary compliance with laws and City park rules, and so that inadvertent minor violations that would fall under this section can be corrected without resort to an exclusion notice. [Ord. 836 § 2, 2022.]
12.08.180 Trespass in park – Definition – Punishment.
A. A person who knowingly:
1. Enters or remains in a City park from which he or she has been excluded during the period covered by an exclusion notice pursuant to EMC 12.08.170; or
2. Enters, remains in, or is otherwise present within the premises of a City park during hours which the City park is not open to the public;
shall be guilty of trespass in parks, a misdemeanor, and, upon conviction, shall be punished by a fine not to exceed $1,000 or imprisonment in jail not to exceed 90 days, or by both such fine and imprisonment.
B. It is not a defense to the crime of trespass in City 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; or
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. 836 § 2, 2022.]