Chapter 6.82
PARK CODE
Sections:
6.82.025 Construction of provisions.
6.82.030 Regulations issued by director.
6.82.031 Naming parks and park property.
6.82.055 Littering prohibited.
6.82.060 Abandonment of animals.
6.82.080 Selling refreshments or merchandise.
6.82.090 Reservation of park and recreational facilities.
6.82.095 Facility use permit – Application.
6.82.100 Facility use permit – Denial.
6.82.105 Parks and recreation facilities – Fee for use.
6.82.120 Motor vehicle operation.
6.82.145 Remote control models, hang gliders, hot air balloons.
6.82.160 Golfing, baseball, etc.
6.82.173 Smoking and tobacco use.
6.82.175 Trespass in parks – Punishment.
6.82.180 Principal offender defined.
6.82.190 Penalty for violations.
6.82.010 Short title.
This chapter shall constitute the park code of the city of Marysville and may be cited as such. (Ord. 2829 § 1, 2010).
6.82.015 Applicability.
This chapter constitutes the general regulations which will be in effect for all city parks and for all other property under the management of the parks and recreation department. These general regulations are in addition to other applicable city, state, and federal laws and regulations. (Ord. 2829 § 1, 2010).
6.82.020 Definitions.
The terms herein used, unless clearly contrary to or inconsistent with the context in which used, shall be construed as follows:
(1) “Park board” means the members of the parks and recreation board of the city.
(2) “Park” means and includes all city parks, public squares, park drives, parkways, boulevards, docks, piers, boat launches, moorage buoys and floats, golf course, park museums, zoos, beaches, trails, open space, and play and recreation grounds owned by the city and intended for use by the public for recreational or cultural purposes.
(3) “Director” means the director of the city of Marysville parks and recreation department or his/her designee.
(4) “Department” means the city of Marysville parks and recreation department. (Ord. 3037 § 1 (Exh. A), 2016; Ord. 2829 § 1, 2010).
6.82.025 Construction of provisions.
This chapter is declared to be an exercise of the police power of the state and Marysville for the public peace, health, safety and welfare, and its provisions shall be liberally construed. (Ord. 2829 § 1, 2010).
6.82.030 Regulations issued by director.
(1) The director is authorized to issue rules and regulations for the use of park property, facilities, and equipment.
(2) It is unlawful to violate or fail to comply with any park rule or regulation duly adopted and posted by the director.
(3) The city assumes no liability for the condition of the parks property subject to this chapter and the regulations and rules adopted by the director. (Ord. 2829 § 1, 2010).
6.82.031 Naming parks and park property.
The city council will name parks and park property. By resolution the city council may set guidelines for naming parks or delegate its authority to name parks or features within a park. (Ord. 3084 § 1 (Exh. A), 2018).
6.82.035 Enforcement.
Except as otherwise provided in the park code, city law enforcement personnel are authorized and shall be responsible for enforcing the park code. (Ord. 2829 § 1, 2010).
6.82.040 Park hours.
Except as otherwise posted or permitted by the director, city parks are open to the public from 7:00 a.m. until 30 minutes after sunset, and are closed to the public at all other times. (Ord. 3158 § 1 (Exh. A), 2020; Ord. 2829 § 1, 2010).
6.82.045 Posting signs.
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, without the written consent of the director, to place or erect in any park a structure of any kind; provided, however, that the director may approve the posting of temporary directional signs or decorations on occasions of public celebration and picnics. (Ord. 2829 § 1, 2010).
6.82.050 Defacing property.
It is unlawful for any person, except an authorized employee or agent of the city, to remove, destroy, mutilate or deface 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. (Ord. 2829 § 1, 2010).
6.82.055 Littering prohibited.
(1) No person shall throw or deposit litter on any park property, except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park, or upon any street or other public place. Where public receptacles are not provided, all litter shall be carried away and properly disposed of.
(2) No person shall use department litter receptacles in the following manner:
(a) No person shall damage, deface, abuse, or misuse any litter receptacle so as to interfere with its proper function or detract from its proper appearance.
(b) No person shall deposit leaves, clippings, prunings, or gardening refuse in any litter receptacle.
(c) No person shall deposit household garbage in any litter receptacle; provided, that this subsection shall not be construed to mean that wastes of food consumed on park property may not be deposited in litter receptacles.
(3) Whenever litter dumped in violation of this chapter contains three or more items bearing the name of one individual, there shall be a rebuttable presumption that the individual whose name appears on such items committed the unlawful act of littering.
(4) For purposes of this section, “litter” means garbage, refuse, rubbish, or any other waste material which, if thrown or deposited as prohibited in this section, tends to create a nuisance which annoys, injures, or endangers the health, safety, or comfort of the public.
(5) A violation of this section is a civil infraction and shall be enforced in accordance with MMC 4.02.040.
(6) The amount of the civil infraction fine for any person littering in an amount less than or equal to one cubic foot shall be $50.00, not including statutory assessments; the fine for any person littering in an amount greater than one cubic foot shall be $250.00, not including statutory assessments. Unless suspended or modified by a court, the person shall also pay a litter cleanup fee of $25.00 per cubic foot of litter. The court may, in addition to or in lieu of part or all of the cleanup fee, order the person to pick up and remove litter from the property. (Ord. 2829 § 1, 2010).
6.82.060 Abandonment of animals.
No person shall abandon an animal by intentionally, knowingly, recklessly or with criminal negligence leaving a domesticated animal in a park. (Ord. 2829 § 1, 2010).
6.82.065 Animals at large.
(1) It is unlawful for any person to allow or permit any animal to be at large in any park, except dog guides or service animals, as defined in Chapter 70.84 RCW (White Cane Law), or those animals used by a law enforcement officer; provided, that except in areas in which animals are prohibited, animals are permitted in a park if on a leash not greater than 10 feet in length, or otherwise securely caged or securely restrained.
(2) The director may ban dogs and other pets from areas of any park where the director determines it appropriate.
(3) 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.
(4) Any person with an animal in his or her possession in any park shall carry equipment for removing fecal matter, and shall collect and place fecal matter deposited by such animal in an appropriate receptacle.
(5) Notwithstanding subsection (1) of this section, the director may designate certain areas in parks as allowing dogs and/or other pets to be off leash. (Ord. 2829 § 1, 2010).
6.82.070 Weapons.
It is unlawful to shoot or fire any firearm, air gun, bows and arrows, B.B. gun or use any slingshot in any park; provided, this section shall not apply to law enforcement personnel or to department of parks and recreation employees acting pursuant to and in accordance with rules and regulations of the director; and provided further, that this section shall not apply to participants in a parks and recreation program which, as a component of the program, includes the use of such weapons. (Ord. 3037 § 1 (Exh. A), 2016; Ord. 2829 § 1, 2010).
6.82.071 Fireworks.
It is unlawful to possess any fireworks of any kind in any park. The penalty for violation of this section shall be the same as provided for in MMC 9.20.130. (Ord. 2995 § 1, 2015).
6.82.075 Feeding animals.
It is unlawful to tease, annoy, disturb, molest, catch, hunt, trap, injure or kill any animal, bird, fowl or fish unless said activity is on behalf of the city by a representative or agent of the city to remove or control a nuisance or hazardous situation. This provision shall not prevent fishing except in areas so designated by the city council. It shall be unlawful to feed and/or remove ducks, geese or other waterfowl in any public park and/or beach area. (Ord. 2829 § 1, 2010).
6.82.080 Selling refreshments or merchandise.
(1) The sale of food, drink, other merchandise, or any services on park property is prohibited, unless the seller has either written permission from the director, or a concession sales contract with the city.
(2) The rental of any merchandise or materials on park property is prohibited, unless the renter has written permission from the director or a concession contract with the city. (Ord. 2829 § 1, 2010).
6.82.090 Reservation of park and recreational facilities.
City parks and recreational facilities are available for public use in accordance with this chapter and park rules and regulations. Reservations for use of these facilities is required for any community special or private event involving more than routine use of such facilities. Park facilities may only be reserved a total of 12 times within a calendar year by any person, group or nonprofit organization. (Ord. 2829 § 1, 2010).
6.82.095 Facility use permit – Application.
Reservations as required in MMC 6.82.090 shall be made by obtaining a permit through the office of the director of parks and recreation. A facility use permit may be obtained by submitting a written application and an executed facility use agreement to the director’s office, at least 14 working days prior to the day of the intended use. The application and facility use agreement shall contain such information, terms and conditions as the director shall deem necessary to ensure compliance with MMC 6.82.090 through 6.82.100 and/or any other applicable laws, regulations and city policies. (Ord. 2829 § 1, 2010).
6.82.100 Facility use permit – Denial.
Applications that are submitted in a timely manner and that are complete will be denied, approved or approved with conditions within seven calendar days prior to the date scheduled for the event. Denial of applications will be based on one or more of the following:
(1) The space had already been applied to for reservation at the time of the application submission; or
(2) 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
(3) The event or assembly for which a permit is sought is in violation of MMC 6.82.090 through 6.82.100 and/or any other applicable ordinance, law and/or regulation. The director shall have authority to approve a permit subject to the applicant meeting reasonable conditions consistent with MMC 6.82.090 through 6.82.100 and city ordinances, regulations and/or policies as now exist or are hereafter amended. (Ord. 2829 § 1, 2010).
6.82.105 Parks and recreation facilities – Fee for use.
Users are required to pay fees for the use of city parks and recreation facilities as are established by city ordinances, resolution, regulations and/or policies as now exist or are hereafter amended. (Ord. 2829 § 1, 2010).
6.82.110 Boating.
It is unlawful to have, keep or operate any boat, float, raft or other watercraft in or upon any bay, lake, pond, slough, river or creek, within the limits of any park, or to land the same on any point upon the shores thereof bordering upon any park, except at places set apart for such purposes by the parks 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 director or his or her designee. (Ord. 2829 § 1, 2010).
6.82.120 Motor vehicle operation.
(1) The general speed limit for all motor vehicles and motorcycles within city parks is five miles per hour unless otherwise posted by the director.
(2) Motor vehicles and motorcycles may be operated only on paved roadways. “Paved roadways” as used in this subsection does not include paved ways marked by the director for the exclusive use of pedestrians, bicycles, or wheelchairs. (Ord. 2829 § 1, 2010).
6.82.125 Parking.
Motor vehicles shall park only in designated paved or graveled parking areas. Parking spaces within city parks are reserved for the use of park patrons during open park hours in conformance with regulations issued and signs posted by the director; parking during closed park hours, overnight parking, parking outside of designated spaces, and residential parking on park property is prohibited. Nor shall any person park any vehicle in any park for the principal purpose of washing, greasing, or repairing such vehicle except repairs necessitated by an emergency.
Any person parking in a park must comply with the requirements of Chapter 11.08 MMC and penalties for violating this section are as set forth in that chapter. (Ord. 3232 § 1 (Exh. A), 2022; Ord. 2829 § 1, 2010).
6.82.130 Bicycle operation.
Except as otherwise posted or permitted by the director, bicycles, tricycles and unicycles may be operated and ridden only on paved and graveled ways within city parks, and shall not be operated and ridden on trails within the city parks. (Ord. 2829 § 1, 2010).
6.82.135 Skateboarding.
Unless otherwise posted by the director, it is unlawful to use skateboards, in-line skates, roller skates, or bicycles on trails, paths or internal sidewalks of city parks. It is unlawful to use skateboards, in-line skates, roller skates, or bicycles in any other area of a park if so posted. (Ord. 2829 § 1, 2010).
6.82.140 Noise.
(1) No person shall, without prior written approval of the parks director or authorized parks department employee, cause or allow to be emitted noise in a park which:
(a) Exceeds the maximum permissible noise levels set forth in MMC 6.76.040; or
(b) Is a motor vehicle noise specifically prohibited by MMC 6.76.060 or 6.76.070; or
(c) Is a disturbance noise or a nuisance noise as set forth in MMC 6.76.060.
(2) For purposes of this section, the definitions provided in MMC 6.76.020 shall apply and are incorporated herein by this reference.
(3) The penalties for violations of this section and enforcement thereof shall be in accordance with MMC 6.76.090. (Ord. 2829 § 1, 2010).
6.82.145 Remote control models, hang gliders, hot air balloons.
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 director for such purposes or as authorized by a permit from the parks director. (Ord. 2829 § 1, 2010).
6.82.150 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. 2829 § 1, 2010).
6.82.155 Trail use.
Unless otherwise posted, it is unlawful to use bicycles or other similar wheeled vehicles on unpaved trails. Further, it is unlawful for any person to travel on a trail at a speed greater than five miles per hour. 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 five 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. (Ord. 2829 § 1, 2010).
6.82.160 Golfing, baseball, etc.
It is unlawful to practice or play golf, baseball, cricket, polo, archery, hockey, tennis, 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 director. (Ord. 2829 § 1, 2010).
6.82.165 Building fires.
It is unlawful to build any fires in any park except in areas constructed, maintained and designated by the director. (Ord. 2829 § 1, 2010).
6.82.170 Alcoholic beverages.
It is unlawful for any person to consume or possess any alcoholic beverage in a city park, including unopened alcoholic beverage containers, except in those areas and/or at those events for which the appropriate license(s)/permit(s) has been obtained from the state of Washington and a permit has been issued by the director. (Ord. 2829 § 1, 2010).
6.82.173 Smoking and tobacco use.
It is unlawful for any person to smoke or light cigars, cigarettes, tobacco or other smoking material or to use an electronic smoking device within city parks. The director shall post signs in appropriate locations prohibiting smoking in the city’s parks.
“Electronic smoking device” means an electronic or battery-operated device, the use of which resembles smoking, that can be used by a person to simulate smoking through inhalation of vapor or aerosol produced by the device and includes any component part of such product whether or not sold separately. “Electronic smoking device” includes, but is not limited to, an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, and an electronic hookah. (Ord. 3001 § 1 (Exh. A), 2015; Ord. 2919 § 1, 2013).
6.82.175 Trespass in parks – Punishment.
(1) It is criminal trespass if a person knowingly: (a) enters or remains in a park from which he or she has been excluded during the period covered by an exclusion notice pursuant to MMC 6.82.185; (b) 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 with the permission of the director; or (c) 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.”
(2) 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. (Ord. 3158 § 1 (Exh. A), 2020; Ord. 2829 § 1, 2010).
6.82.180 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. (Ord. 2829 § 1, 2010).
6.82.185 Park exclusion.
(1) The parks director and his/her designees are empowered to exercise the authority of law enforcement personnel to the extent necessary to enforce this section.
(2) The parks 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:
(a) Violates any provision of this chapter; or
(b) Violates any park rule; or
(c) Violates any provision of the Marysville 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 be effective. The exclusion may be based upon observation by the parks director or his/her designee or upon civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause.
(3) If the offender:
(a) 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 weapon violation, then the parks director or his/her designee may exclude the offender from the city park in which the current violation occurred for a period not exceeding seven calendar days from the date of the exclusion notice.
(b) Has been the subject of only one prior exclusion notice issued within one year prior to the current violation and neither the current nor the past violation was a weapon violation, then the parks director or his/her designee shall exclude the offender from any or all city parks for a period of 90 calendar days from the date of the exclusion notice.
(c) Has been the subject of two or more prior exclusion notices issued within one year prior to the current violation or, if the current violation is a weapon violation, then the parks director or his/her designee shall exclude the offender from any or all city parks for a period of one year from the date of the exclusion notice.
(4) 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.
(5) Only the parks director or his/her designee after a hearing may rescind, shorten or modify an exclusion notice.
(6) An offender receiving an exclusion notice longer than seven calendar days may seek a hearing to have the exclusion notice rescinded, the period of exclusion shortened, or the areas of exclusion reduced. The hearing examiner shall be an elected or pro tempore Marysville municipal court judge, unless the mayor designates another as hearing examiner. The request for a hearing shall be delivered to the parks director or postmarked no later than seven calendar 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 seven calendar days after the parks director receives the request for hearing. The parks director or his/her designee shall take reasonable steps to notify the offender of the date, time, and place of the hearing.
(7) 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 hearing examiner shall consider a sworn report or a declaration made under penalty of perjury, written by the individual who issued the exclusion notice, without further evidentiary foundation. The hearing examiner may consider information that would not be admissible under the evidence rules in a court of law but which the hearing examiner considers relevant and trustworthy.
(8) If the violation is proved, the exclusion notice shall be upheld; but upon good cause shown, the hearing examiner may shorten the duration of the exclusion or reduce the areas covered by the exclusion. If the violation is not proved by a preponderance of the evidence, the hearing examiner shall rescind the exclusion. If the hearing examiner rescinds an exclusion, the exclusion shall not be considered a prior exclusion for purposes of subsection (3) of this section.
(9) The decision of the hearing examiner is final. An offender seeking judicial review of hearing examiner’s decision must file an application for a writ of review in the Snohomish County superior court within 15 calendar days of the date of that decision.
(10) The exclusion shall remain in effect during the pendency of any administrative or judicial proceeding.
(11) 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.
(12) This section shall be enforced so as to emphasize voluntary compliance with laws and park rules, and so that inadvertent minor violations that would fall under subsections (2)(a) and (b) of this section can be corrected without resort to an exclusion notice. (Ord. 2829 § 1, 2010).
6.82.190 Penalty for violations.
(1) A violation of any of the provisions of MMC 6.82.030, 6.82.045, 6.82.055, 6.82.065, 6.82.075, 6.82.080, 6.82.090, 6.82.095, 6.82.105, 6.82.110, 6.82.120, 6.82.125, 6.82.130, 6.82.135, 6.82.145, 6.82.155, 6.82.160, 6.82.165, and 6.82.173 constitutes a civil infraction and shall be enforced in accordance with MMC 4.02.040. The amount of the civil infraction fine shall be assessed in accordance with the schedule provided in MMC 4.02.040(3)(g)(ii) and shall not exceed $500.00 per violation.
(2) A violation of any of the provisions of MMC 6.82.050, 6.82.060, 6.82.070, 6.82.150, and 6.82.170 is a 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.
(3) The penalty for a violation of other sections of this chapter is as provided in those respective sections. (Ord. 3158 § 1 (Exh. A), 2020; Ord. 2919 § 2, 2013; Ord. 2829 § 1, 2010).