Chapter 12.12 PARK REGULATIONS

This chapter constitutes the park use regulations of the city of Mill Creek and is an exercise of the police power of the city, necessary for the public health, safety and welfare. (Ord. 2003-569 § 1)

12.12.020 Definitions.

The terms used in this chapter, unless clearly contrary to or inconsistent with the context in which used, shall be construed as follows:

A. “City” means the city of Mill Creek.

B. “City manager” means the city manager of the city of Mill Creek or his/her designee.

C. “Park” means and includes all parks, trails, squares, greenways, parkways, grounds or other areas maintained by the city of Mill Creek and devoted to purposes of play, recreation and pleasure of the general public.

D. “Structure” means any piece of work artificially built up or composed of parts jointed together in some definite manner.

E. “Supplemental park permit” means a permit issued under MCMC 12.12.025, 12.12.026 and 12.12.027.

F. “Smoking and tobacco use” means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment and any other use of tobacco products. (Ord. 2006-638 § 2; Ord. 2006-633 § 2; Ord. 2003-569 § 1)

12.12.025 Supplemental park permit authorized.

The city manager may issue a supplemental park permit and require a permit for any actions occurring in any park, including but not limited to the following:

A. Reserving any room or part of any community center, athletic field, picnic facility, stage, or other defined area of a park for a certain time or series of times; and granting the exclusive use thereof during the time reserved.

B. Posting any signs, posters or notices; placing or erecting any structure or obstruction of any kind, whether temporary or permanent; cutting or removing any tree or plant material.

C. Making any improvement to or constructing a public work in a park.

D. Conducting a commercial activity; using any outdoor electrical power outlet; laying cables or extending wires in, under or over a park land; using any park or facility during the hours it is closed to the public.

E. Making any use for an event that differs in kind from the use and enjoyment of the park for recreational facilities purposes by the general public.

No permit is required under this section for city activities, including those by employees or authorized city contractors acting in the scope and course of their duties. Exemptions may be made at the discretion of the city manager for abutting owners who maintain park boulevards with respect to the area maintained; for concessionaires as to the area under concession; and for governmental officials acting under authority of law. Issuance of a permit under this section shall be subject to payment of such fees or charges as required by resolution of the city council, or as authorized by the city manager under this section, and shall be subject to such conditions as deemed advisable by the city manager.

All permits issued under this section shall be wholly of a temporary nature, shall vest no permanent right, and may be immediately revoked at the discretion of the city manager unless the permit expressly states otherwise. Any permit issued under this section shall not preempt or modify any conditional use or other permit issued or required by the city. The city manager may issue supplemental park permits directly under the authority of this chapter or may adopt administrative rules for doing so. (Ord. 2003-569 § 1)

12.12.026 Terms and conditions for supplemental park permits.

The city manager may condition any supplemental park permit or impose such terms and conditions as appropriate to protect the health, safety and welfare of the public and/or the park; to avoid or limit unnecessary interference with other uses or users of the park; to minimize disturbance of the surrounding neighborhood; and to require the user to leave the area under permit in the same condition after the activity or event as it was beforehand. For this purpose, the city manager may require the user to furnish and pay for public liability and property damage insurance, naming the city as an additional insured, in such amounts as reasonably necessary to provide full coverage for personal injury, death, and property damage arising from or as a result of the event or activity; execute an indemnity and/or hold harmless agreement; and/or make a reasonable security deposit or provide a bond.

The terms and conditions of a supplemental park permit (including providing insurance and/or security deposit) shall not infringe upon rights of petition, assembly, or free expression protected by the First Amendment of the United States Constitution and/or Article I, Sections 3, 4, and 5 of the Washington Constitution. If an applicant asserts that a term or condition proposed by the city manager infringes upon a constitutional right, the city manager shall have the burden of showing that the proposed term or condition is a reasonable restriction on the time, place and manner of exercising the right. (Ord. 2003-569 § 1)

12.12.027 Deposits and fees for supplemental park permits.

No refund of fees, charges or expenses shall be made except upon timely cancellation of an event or activity authorized by a supplemental park permit. The city manager is authorized to make refunds of fees and to return all or any portion of any security deposit when no longer needed and after all costs that may be charged against the supplemental park permit have been paid. If costs exceed the amount of any deposit or financial security, the city manager is authorized to bill the supplemental park permit holder, who shall remit such charges within 30 days. Delinquent accounts may be sent to collection. No supplemental park permit shall be issued to any entity having a delinquent account. (Ord. 2003-569 § 1)

12.12.030 Sign posting and structures prohibited.

It is unlawful to place or erect any sign, board, billboard or similar device of any kind in any park without the prior written consent of the city manager. It is unlawful to create, place or erect any structure in any park without obtaining a supplemental park permit. (Ord. 2003-569 § 1)

12.12.033 Distribution of handbills.

It is unlawful to exhibit or distribute any handbills, circulars, or signs in any park in any manner that interferes with or obstructs the normal use of the park or the normal passage of people or vehicles within or through the park. (Ord. 2003-569 § 1)

12.12.035 Equipment regulations.

The misuse of a park facility or the failure to conform with any of the regulations of this chapter, the instructions of city employees, the conditions of a supplemental park permit, or other permit shall be sufficient reason for revoking said permit and/or denying any future permits. (Ord. 2003-569 § 1)

12.12.037 Storage of equipment.

Persons using parks should not expect storage space for equipment necessary for their activity. If temporary storage is provided, the city shall not be responsible for loss or damage to the equipment or property stored. (Ord. 2003-569 § 1)

12.12.040 Removal or destruction of park property prohibited.

It is unlawful to remove, destroy, mutilate or deface any structure, monument, statue, fountain, wall, fence, railing, vehicle, bench, shrub, tree, lawn, grass, plant, flower, lighting system or sprinkling system or any other property or thing lawfully in any park. No foreign matter of any sort (including without limitation sawdust or sand) may be added to any field for any reason without the prior written consent of the city manager. (Ord. 2003-569 § 1)

12.12.050 Molesting wild animals prohibited.

It is unlawful to tease, feed, annoy, disturb, molest, catch, injure, threaten, kill, throw any stone or missile of any kind at, strike with any stick or weapon, or to fetter any animal, bird, fowl or fish in any park. (Ord. 2003-569 § 1)

12.12.055 Pets in parks.

A. Dogs, pets or domestic animals are not permitted on any artificial turf, picnic area, tennis courts or play area in any park or in any park structure unless specifically permitted by posting. This section shall not apply to animal guides or service dogs.

B. Dogs and other pets or domestic animals shall be kept on a leash no greater than 15 feet in length, and under control at all times.

C. Any person whose dog or other pet is in any park shall be responsible for the conduct of the animal and shall promptly remove and dispose of properly all animal waste deposited by such animal.

D. No person shall allow his or her dog or other pet to bite, disturb, or harass any park user, wildlife, or other pets. No person shall allow his or her dog or other pet to bark or make noise continuously or otherwise disturb the peace and tranquillity of the park. No person shall permit his or her dog or other pet to damage, destroy or remove park vegetation.

E. This section is in addition to the provisions of Chapter 6.02 MCMC, Animal Control, and shall be supplemental to such chapter. (Ord. 2003-569 § 1)

12.12.057 Horses prohibited.

Horses are not permitted in any park at any time. (Ord. 2003-569 § 1)

12.12.060 Selling refreshments or merchandise prohibited.

It is unlawful to sell refreshments, merchandise or any other thing in any park without the prior written consent of the city manager or a valid concession contract with the city. (Ord. 2003-569 § 1)

12.12.065 Soliciting prohibited.

Except as may be specifically provided by law, no person shall solicit contributions for himself or others in any park. (Ord. 2003-569 § 1)

12.12.070 Use by groups or assemblies.

Parks and/or picnic shelters shall be available for any person, group or assembly on a first-come, first-served basis, subject to priority use through a supplemental park permit or for classes, special events, public forums, or athletic programs as determined by the city manager. (Ord. 2003-569 § 1)

12.12.080 Vehicles and animals restricted.

It is unlawful to operate, ride or drive any wheeled device, sled, vehicle, or animal over, across or through any park, except along designated paths, drives or streets; provided, however, motorized devices are restricted solely to streets and drives. It is unlawful to operate, ride or drive any wheeled device, vehicle or animal at a speed in excess of 10 miles per hour in any park. It is unlawful to stand or park any vehicle except where so designated and posted. It is unlawful to operate, ride or drive any vehicle for the purpose of testing or ascertaining its fitness or service. It is unlawful to use or operate vehicles in any portion of a park devoted to skateboards. (Ord. 2003-569 § 1)

12.12.085 Skateboard park areas.

Any area of a park devoted to skateboards shall be governed by rules promulgated by the city manager, and as may be posted at the entrance to the skateboard area. A violation of any such rules, whether or not posted, shall be a violation of this chapter. (Ord. 2003-569 § 1)

12.12.090 Camping prohibited.

It is unlawful to camp in any park except at places so designated and posted. (Ord. 2003-569 § 1)

12.12.095 Golf prohibited.

Golf activities shall not be permitted in any park unless a supplemental park permit is obtained prior to commencement of the activity. (Ord. 2003-569 § 1)

12.12.100 Endangering persons or property prohibited.

It is unlawful to knowingly hurl or propel any object or to take any physical action in any park which endangers or is likely to endanger any persons or property or interfere with park purposes. (Ord. 2003-569 § 1)

12.12.110 Firearms prohibited.

Repealed by Ord. 2013-768. (Ord. 2003-569 § 1)

12.12.115 Weapons prohibited.

It is unlawful in any park to carry, discharge or use any airgun, bow and arrow, crossbow, slingshot, or other device the purpose of which is to propel an object from the person using it. It is unlawful in any park to use or brandish any knife or any other device in a manner which threatens or endangers any person or property. (Ord. 2003-569 § 1)

12.12.120 Fires prohibited.

It is unlawful to build or have any fire in any park except where so designated and posted. Portable grills, barbecues or hibachis are permitted so long as they do not otherwise violate this chapter or the Mill Creek Municipal Code. (Ord. 2003-569 § 1)

12.12.125 Fireworks prohibited.

It is unlawful in any park to use, exhibit, display or possess any fireworks or common fireworks as those terms are defined in MCMC 5.12.010. (Ord. 2003-569 § 1)

12.12.127 Sound-amplifying devices.

Except as authorized by a supplemental park permit, or a conditional use permit, or except as necessary for the preservation of public peace or safety, it is unlawful to use any public address system, loudspeaker, “boombox radio,” or other sound amplifying device in any park. No person shall use, operate or play in any park a radio, tape player, disc player, television musical instrument, record player or any other machine or device capable of producing sound without the use of headphones or a similar personal listening device or at a volume level where discernible noise can be heard more than 10 feet from the device so long as they do not otherwise violate any section of this chapter or Chapter 9.14 MCMC. (Ord. 2003-569 § 1)

12.12.130 Intoxicating liquor prohibited.

It is unlawful to possess a container of any alcoholic beverage, whether opened or unopened, while in any park. In addition to any other applicable penalty, any person violating this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $250.00. For purposes of this section, “possession” means having a container within one’s immediate reach or control. (Ord. 2003-569 § 1)

12.12.135 Littering – Trash deposit.

It is unlawful to throw or deposit any refuse or other material in any park, including but not limited to any artificial surfaces, play fields or picnic areas, except in designated receptacles; or to take garbage or refuse to a park for disposal; or to deposit garbage or refuse generated outside a park in a receptacle within the park designated for deposit of trash by the public. (Ord. 2003-569 § 1)

12.12.140 Park hours.

Parks are open to the public daily as posted at each park. Parks are closed to the public daily as posted at each park. It is unlawful for any person to enter a closed park except as authorized by a supplemental park permit, or a conditional use permit. Additionally, the city manager may make and enforce special park closure hours for specific parks or areas within parks if the city manager determines that such special park closure hours are necessary or appropriate to protect public property or public safety, to prevent nuisances, or to prevent breaches of the peace. The city manager may immediately close any park or area within a park at any time for emergencies, temporary cleaning and repair, public safety, or any other similar reason. (Ord. 2003-569 § 1)

12.12.150 Trespassing.

No person except an authorized city employee or other person duly authorized pursuant to law shall enter or go upon any park area which has been posted as a “No Admittance” or “No Trespassing” area, or at a time a park is closed to the public. (Ord. 2003-569 § 1)

12.12.160 Disorderly conduct and profanity prohibited.

It is unlawful to use profane or abusive language or to conduct oneself in a disorderly manner, including but not limited to a state of intoxication or being noticeably under the influence of drugs, in any park. “Profane or abusive language” means obscenity or fighting words constituting unprotected speech. (Ord. 2003-569 § 1)

12.12.165 Smoking and tobacco use prohibited.

Smoking and tobacco use are prohibited in the Mill Creek Sports Park. (Ord. 2006-638 § 1)

12.12.170 Violation – Penalty.

A. Any violation of or any failure to comply with any of the provisions of this chapter in which no penalty is otherwise specified shall constitute a civil infraction as contemplated by RCW 7.80.120 and any person convicted thereof may be punished by a civil fine or forfeiture in the sum of $100.00.

B. Payment of the civil fine within 24 hours of the issuance of the notice of infraction issued under this chapter shall reduce the amount of the fine owing by 50 percent. (Ord. 2006-638 § 3; Ord. 2003-569 § 1)