Chapter 12.22
CITY PARKS
Sections:
12.22.015 Removal or destruction of park property.
12.22.035 Capturing, molesting or feeding animals.
12.22.045 Fireworks and explosives.
12.22.049 Park ADA development standards.
12.22.050 Low impact development in city parks.
12.22.060 Alcoholic beverages prohibited.
12.22.080 Closing hours – Unlawful entry.
12.22.100 Expulsion from parks.
12.22.110 Enforcement limitations.
12.22.120 Violation – Penalty.
12.22.130 Adoption of rules and regulations by director.
12.22.005 Scope of chapter.
This chapter constitutes the park code of the city, and is hereby declared to be an exercise of the police power of the city necessary for the public peace, health, safety and welfare. (Ord. 1700 § 1, 2009).
12.22.010 Definitions.
As used in this chapter, the following terms shall have the meanings indicated, unless the context clearly requires otherwise:
A. “Camp” means to pitch, use, or occupy camp facilities or camp paraphernalia for the purposes of habitation.
B. “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.
C. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks or cooking facilities or equipment.
D. “Park” means and includes all city parks, community centers, public squares, pools, trails, nature areas, play and recreational grounds, and associated parking areas under the management and control of the parks, recreation and aquatics department. A current map of city parks shall be available for public inspection in the office of the city clerk and on the city’s website.
E. “Parks director” means the parks, recreation and aquatics director of the city as established by Chapter 2.45 FMC, or his or her designee.
F. Low Impact Development. See FMC 15.32.020.
G. Low Impact Development Facilities. See FMC Title 21.
H. Low Impact Development Techniques. See FMC Title 21. (Ord. 2098 § 1, 2023; Ord. 2061 § 1, 2021; Ord. 1962 § 10, 2017; Ord. 1685 § 1(Exh. A), 2009; Ord. 1536-04 § 2, 2004).
12.22.015 Removal or destruction of park 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, ball field or open space area. 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 parks director. (Ord. 1700 § 2, 2009).
12.22.020 Restrictions.
Repealed by Ord. 1700. (Ord. 1536-04 § 3, 2004).
12.22.025 Pet restrictions.
A. Dogs and other pets and domesticated animals are not permitted in any designated play areas or in any enclosed building, as defined in FMC 19.06.120, in any park, unless specifically permitted by posting.
B. Dogs and other pets and domesticated animals must be kept on a leash and under control at all times. It is unlawful to allow or permit any dog, or other pet or domesticated animal to run at large in any park or to enter any body of water, except in designated off-leash areas.
C. Any person whose dog or other pet or domesticated animal is in any park area shall be responsible for the conduct of the animal and for removing feces deposited by such animal and disposing it in a garbage receptacle.
D. The parks director is authorized to approve dogs off-leash for dog training programs or special events.
E. The restrictions of this section do not apply to police dogs or service animals. (Ord. 1700 § 3, 2009).
12.22.035 Capturing, molesting or feeding animals.
It is unlawful to trap, capture, purposely tease, annoy, disturb, molest, catch, injure or kill in any manner or to throw any stone or article of any kind at or strike with any stick or weapon any animal, bird, fowl or fish within a park, or to feed any fowl, fish or other nondomesticated animal within any park. This section shall not apply to authorized pest abatement actions of city personnel or its contractors for the purpose of public health and safety. (Ord. 1700 § 4, 2009).
12.22.045 Fireworks and explosives.
It is unlawful to shoot, fire or explode any fireworks, firecrackers, or explosive of any kind within any park unless a written permit has been obtained from the parks director, and all other applicable laws are complied with. (Ord. 1700 § 5, 2009).
12.22.049 Park ADA development standards.
All new construction and alterations in city parks shall comply with the 2010 ADA Standards for Accessible Design adopted by the Department of Justice and Accessible Public Rights-of-Way: Planning and Design for Alterations published by the United States Access Board, and subsequent amendments thereto. (Ord. 2032 § 4, 2020).
12.22.050 Low impact development in city parks.
Stormwater runoff in city parks shall be managed via low impact development techniques and facilities to the maximum extent practicable. Where it does not impede the programmatic uses of the park, city parks shall be used to help control stormwater runoff for municipal rights-of-way and/or adjacent development. (Ord. 1685 § 1(Exh. A), 2009).
12.22.055 Peddlers.1
It is unlawful to perform the following activities in a park without a written permit or concession contract or a special events permit issued by the city, and compliance with Chapter 5.01 FMC:
A. Soliciting, selling, offering for sale, peddling or vending any goods or services;
B. Advertising any goods or services. (Ord. 1700 § 6, 2009).
12.22.060 Alcoholic beverages prohibited.
It is unlawful for any person to use or possess any alcoholic beverage in a park, including unopened beverage containers, provided this prohibition shall not apply to organized groups which have secured a permit from the parks director and, if required, from the State Liquor Control Board. (Ord. 1700 § 7, 2009).
12.22.070 Littering.
It is unlawful to throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk or advertising matter in any park or to deposit any such material therein, except in designated receptacles; provided, however, that it is further unlawful to deposit in such designated litter receptacles or elsewhere within a park any refuse, litter or other trash collected at the home, business, or other dwelling of any person and intentionally brought to the park solely for the purpose of disposing of such refuse, litter or trash. (Ord. 2061 § 2, 2021; Ord. 1700 § 8, 2009).
12.22.075 Camping.
A. It is unlawful for any person to camp in any park.
B. It is unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in any park. (Ord. 2061 § 3, 2021).
12.22.080 Closing hours – Unlawful entry.
A. Community Center and Aquatic Center. Community Center and Aquatic Center hours of operation shall be as established by the director.
B. Hylebos and Milgard Nature Area Hours. The Hylebos and Milgard nature areas shall be open to the public the following hours:
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April 1st – September 30th |
7:00 a.m. – 8:00 p.m. |
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October 1st – March 31st |
7:00 a.m. – 5:00 p.m. |
It is unlawful to enter or remain in the Hylebos or Milgard nature areas outside of open hours. The director may extend open hours for sanctioned events, but only that portion of a park being used for the event will be open beyond normal hours.
C. Park Hours – Other Park Property. It is unlawful to enter or remain in any other park property during hours of darkness, except for activities authorized by the parks director. “Hours of darkness” means the period that commences 30 minutes after sunset and ends 30 minutes before sunrise. The director may extend open hours for sanctioned events such as sporting events on lighted fields, but only that portion of a park being used for the event will be open beyond normal hours.
D. Any person entering or remaining in a park when it is closed, except as authorized in subsections (A) through (C) of this section, is subject to arrest and prosecution for criminal trespass under Chapter 9.31 FMC, punishable as set forth therein. (Ord. 2098 § 2, 2023; Ord. 2084 § 1, 2022; Ord. 2061 § 4, 2021; Ord. 1700 § 9, 2009).
12.22.090 Loitering.
Loitering, as defined in FMC 9.22.010(H), is prohibited in restrooms in park and recreation facilities. (Ord. 1700 § 10, 2009).
12.22.100 Expulsion from parks.
A. In addition to any other penalty imposed pursuant to this chapter, a police officer or the parks director or designee may order the expulsion of any person from any park for a period of one to 30 days if such person is observed:
1. Using abusive or disruptive language or engaging in conduct that disrupts a park facility or program.
2. Directing ethnic or offensive remarks at another person based on such person’s actual or perceived race or ethnic group, nationality, religion, disability, sex or sexual orientation.
3. Causing injury or risk of injury to another person or persons.
4. Causing damage or risk of damage to city property.
5. Violating any provision of this chapter.
B. A police officer or the parks director or designee may order the expulsion of any person from any park for a period of 30 days to one year if such person:
1. Has been expelled from the park two or more times in any 30-day period.
2. Causes injury to another person.
3. Sells, possesses or uses alcohol or illegal drugs.
4. Possesses or uses any illegal weapon, or carries, exhibits, displays, or draws a firearm or other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.
5. Commits more than one violation of this chapter in any 12-consecutive-month period.
C. Any order of expulsion under this section shall be in writing, and shall contain the date of issuance, the violation which the person is alleged to have committed, and a citation of the code, statute, or park rule violated. The order shall specify the length and places of exclusion and the method for appealing the order. It shall be signed by the issuing individual. The order shall be personally served on the person expelled or sent by first class mail to the person at the person’s last known address.
D. The person being expelled need not be charged, tried, or convicted of any crime or be issued an infraction or have an infraction found committed in order for an expulsion order to be issued or effective. The expulsion may be based upon observation by a parks employee or by a police officer or upon the sort of civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause.
E. The written order of expulsion shall be a notice of trespass. Any person on city park property, in violation of the written order of expulsion, is in violation of this chapter and any knowing violation also constitutes criminal trespass under Chapter 9.31 FMC, punishable as set forth therein.
F. Appeal.
1. A person receiving an exclusion notice longer than one day may file a written appeal before the hearing examiner to have the expulsion order rescinded or the duration of the exclusion shortened. The written appeal must be under oath and set forth all facts relied upon by the person for his or her contention that the order should be rescinded or shortened. The written appeal shall be accompanied by a copy of the order which is being appealed. The written appeal must be delivered to the city clerk or postmarked no later than seven calendar days after the issuance of the expulsion order. The hearing should occur within 10 business days after the written appeal is received by the city. The city clerk shall take reasonable steps to notify the offender of the date, time, and place of the hearing.
2. At the hearing, the violation must be proved by a preponderance of the evidence in order to uphold the expulsion order. The expulsion order establishes a prima facie case that the offender committed the violation as described. The hearing examiner 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.
3. If the violation is proved, the expulsion order shall be upheld; but upon good cause shown, the hearing examiner may shorten the duration of the exclusion. If the violation is not proved by a preponderance of the evidence, the hearing examiner shall rescind the order. If the hearing examiner rescinds an expulsion order, the order shall not be considered a prior exclusion for purposes of this section.
4. The expulsion order shall be stayed during the pendency of any appeal proceeding.
5. 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. (Ord. 2061 § 5, 2021; Ord. 1700 § 11, 2009).
12.22.110 Enforcement limitations.
The following provisions shall be applied when investigating conduct which occurs in parks between the hours of 9:00 p.m. and 7:00 a.m.:
Prior to issuing any infraction or expulsion order pursuant to this chapter based on camping, or storing camp facilities and camp paraphernalia, which occurs between the hours of 9:00 p.m. and 7:00 a.m., the investigating officer shall inquire whether the camping or storage is due to homelessness. If the officer learns that such is the case, the officer shall determine, in accordance with relevant city policy, whether adequate shelter space is available to accommodate the subject of the investigation.
A. If the officer determines that all such shelter space is full, the officer shall not issue an infraction or expulsion order.
B. If the officer determines adequate shelter space to be available, the officer may, within the officer’s discretion (1) provide directions to the shelter location, or (2) offer one-time transport to the shelter location. In the event the subject of the investigation declines the offer of shelter, but refuses to leave the park, the officer then may, within the officer’s discretion, issue an infraction and/or expulsion order.
C. For purposes of this section, “officer” includes police officer, parks director, or designee authorized to issue civil infractions and expulsion orders under this chapter. (Ord. 2061 § 6, 2021).
12.22.120 Violation – Penalty.
Unless specifically enforced pursuant to other law, including, but not limited to, another section, chapter or title of the Fife Municipal Code, violation of any provision of this chapter or any rule or regulation adopted by the parks director shall constitute a Class 1 civil infraction pursuant to Chapter 1.24 FMC, and shall be subject to a penalty of up to $250.00, not including statutory assessments. Such penalty is in addition to any other remedies or penalties provided by law including, but not limited to, another section, chapter or title of the Fife Municipal Code or the Revised Code of Washington. Each day during which a violation occurs or exists shall be deemed a separate civil infraction. (Ord. 2061 § 7, 2021; Ord. 1700 § 12, 2009; Ord. 1536-04 § 4, 2004. Formerly 12.22.030).
12.22.130 Adoption of rules and regulations by director.
The parks director shall have the power to promulgate and adopt reasonable rules and regulations pertaining to the operation, management and use of the parks, and shall post them in conspicuous places in the parks. (Ord. 1700 § 13, 2009; Ord. 1536-04 § 5, 2004. Formerly 12.22.040).
Code reviser’s note: Ordinance 1700 adds the provisions of this section as Section 12.22.050. This section has been editorially renumbered to prevent duplication of numbering.