Chapter 10.04
Park Regulations
Sections:
10.04.010 Sign posting and structures prohibited.
10.04.020 Distribution of handbills.
10.04.030 Storage of equipment.
10.04.040 Removal, alteration, or destruction of park property prohibited.
10.04.050 Disturbing wild animals prohibited.
10.04.080 Selling refreshments or merchandise prohibited.
10.04.090 Soliciting prohibited.
10.04.100 Use by groups or assemblies.
10.04.110 Vehicle and animal use restricted.
10.04.140 Endangering persons or property prohibited.
10.04.145 Smoking and vaping prohibited.
10.04.160 Fireworks prohibited.
10.04.170 Sound-amplifying devices.
10.04.180 Intoxicating liquor prohibited.
10.04.190 Littering--Trash deposit.
10.04.200 Park hours--Areas of restricted occupancy--Right to prohibit continued use.
10.04.210 Skateboard park areas.
10.04.220 User's failure to follow park rules--Penalties and prohibition from reentry.
10.04.010 Sign posting and structures prohibited.
Without the prior written consent of the director of parks and recreation, hereinafter referred to in this chapter as the director, or his or her designee, the following acts are unlawful:
(1) To place or erect any sign, board, billboard or similar device of any kind in any park.
(2) To create, place, or erect any structure in any park without obtaining the prior written consent of the director. (Ord. 1519 §1, 2008).
10.04.020 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. 1519 §2, 2008).
10.04.030 Storage of equipment.
Persons using parks should not expect storage space for equipment necessary for their activity. If temporary storage is allowed with the permission of the director, the city shall not be responsible for loss or damage to the equipment or property stored. (Ord. 1519 §3, 2008).
10.04.040 Removal, alteration, or destruction of park property prohibited.
(a) 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.
(b) No physical alteration, whether in the form of additions, modifications, or removal, to the parks or any improvements located therein shall be done without the prior written approval of the city, acting by and through the director of parks and recreation or such other official as may be designated by the mayor.
(c) No foreign matter of any sort (including without limitation such materials as sawdust or sand) may be added to any field for any reason without the prior written consent of the director. (Ord. 1519 §4, 2008).
10.04.050 Disturbing wild animals prohibited.
It is unlawful to tease, feed, annoy, disturb, molest, catch, injure, threaten, kill, shoot or throw any stone or projectile of any kind at, strike with any stick or weapon, or to fetter any nondomesticated animal, bird, fowl, or fish in any park. (Ord. 1519 §5, 2008).
10.04.060 Pets in parks.
(a) 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 properly dispose of all animal waste deposited by such animal.
(b) No person shall allow his or her dog or other pet or domesticated animal to commit any of the following acts:
(1) To bite, disturb, or harass any park user, wildlife, or other animals.
(2) To bark or make noise continuously or with such frequency or volume as to disturb the peace and tranquillity of the park.
(3) To damage, destroy or remove park vegetation. (Ord. 1570 §2, 2013: Ord. 1519 §6, 2008).
10.04.070 Horses prohibited.
Horses are not permitted in any park at any time except with the written permission of the director or within areas specifically designated for such use. (Ord. 1519 §7, 2008).
10.04.080 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 director or without a valid concession contract with the city and being the holder of such other licenses and permits required by any applicable state law or city ordinance. (Ord. 1519 §8, 2008).
10.04.090 Soliciting prohibited.
Except as may be specifically provided by law, no person shall solicit contributions for himself or others in any park. (Ord. 1519 §9, 2008).
10.04.100 Use by groups or assemblies.
Parks and associated facilities 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 director. (Ord. 1519 §10, 2008).
10.04.110 Vehicle and animal use restricted.
(a) 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, parking lots, and drives.
(b) It is unlawful to operate, ride, or drive any wheeled device, vehicle, or animal at a speed in excess of five miles per hour in any park unless a different speed limit is posted.
(c) It is unlawful to stand or park any vehicle except where so designated and posted. It is unlawful to use or operate vehicles in any portion of a park devoted to skateboards.
(d) No device, referred to generically as "toy wheels," shall be utilized in an area in which their use is specifically prohibited. For purposes of this section, a "toy wheel" shall include, but is not limited to, skateboards, roller blades, roller skates, scooters, bicycles, and similar wheeled devices.
(e) The restrictions imposed pursuant to this section shall not apply to such wheeled items as carriages for infants, children's wagons, and similar items nor to snow sleds intended for individual use so long as such utilization does not harm park property. (Ord. 1519 §11, 2008).
10.04.120 Camping prohibited.
It is unlawful to camp in any park except at places so designated and posted. (Ord. 1519 §12, 2008).
10.04.130 Golf prohibited.
Golf activities shall not be permitted in any park unless a supplemental park permit or the written consent of the director is obtained prior to commencement of the activity. (Ord. 1519 §13, 2008).
10.04.140 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. 1519 §14, 2008).
10.04.145 Smoking and vaping prohibited.
Smoking and tobacco use of any kind, including but not limited to the use of cigarettes, cigars, pipe tobacco, smokeless tobacco, and electronic or vaporized smoking devices, is prohibited in any city park area, trail, or athletic fields. (Ord. 1636 §1, 2021).
10.04.150 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 any section of this chapter or any chapter of the municipal code. (Ord. 1519 §15, 2008).
10.04.160 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 the municipal code. (Ord. 1519 §16, 2008).
10.04.170 Sound-amplifying devices.
(a) Except as authorized by a park use agreement or by the prior written permission of the director, or except as necessary for the preservation of public peace or safety, it is unlawful to use any public address system, loudspeaker, or other sound-amplifying device in any park other than in compliance with subsection (b) of this section.
(b) Unless operated by a park user during the course of an activity of which the director has authorized such use, 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 (1) without the use of headphones or a similar personal listening device or (2) at a volume level where discernible noise can be heard more than ten feet from the device or (3) in such a manner as violates any other provisions of the municipal code. (Ord. 1519 §17, 2008).
10.04.180 Intoxicating liquor prohibited.
It is unlawful to possess a container of any alcoholic beverage, whether opened or unopened, while in any park or in any publicly owned parking area associated with a park. For purposes of this section, "possession" means having a container within one's immediate reach or control and not secured in a location such as a vehicle's trunk or storage compartment.
In addition to any other applicable penalty, any person violating this section is guilty of a misdemeanor and upon conviction shall be subject to punishment as provided in Section 1.08.010. (Ord. 1519 §18, 2008).
10.04.190 Littering--Trash deposit.
It is unlawful to commit any of the following acts:
(1) 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
(2) To take garbage or refuse to a park for disposal; or
(3) To deposit garbage or refuse generated outside a park in a receptacle provided for deposit of trash by the public using the park or in any publicly owned parking area associated with a park. (Ord. 1519 §19, 2008).
10.04.200 Park hours--Areas of restricted occupancy--Right to prohibit continued use.
(a) Parks are open to the public daily from six-thirty a.m. to ten p.m. unless other hours are posted at the entrances to a park.
(b) The director shall have the following authority:
(1) To make and enforce special park closure hours for specific parks or areas within parks if the director determines that such special park closure hours are necessary or appropriate to protect public property or public safety, to prevent public nuisances, or to prevent breaches of the peace.
(2) In the director's sole discretion, to permit special hours of utilization by written authorization in the course of utilization for special events, sport leagues, and tournaments so long as the applicant submits a written request no less than one week prior to the intended date or dates of utilization. The request shall contain such information as may be required by the director. If the director authorizes the utilization, it shall be the responsibility of the applicant to provide written notice of such authorization to each residence which abuts the park to be utilized. If the residence is an apartment building, notification to the manager of the building shall be deemed adequate notice.
(c) It is unlawful for any person to enter or remain in a closed park unless permitted and authorized in advance by the director.
(d) No person except an authorized city employee or other person duly authorized pursuant to law shall enter or go upon or into 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.
(e) The misuse of a park facility, the failure to conform with any of the provisions of this chapter, or the failure or refusal to comply with the directions of city employees shall be good cause for requiring the individual to exit the park and to prohibit the individual from reentering the park in the future.
(f) Any person violating this section is guilty of a misdemeanor and upon conviction shall be subject to punishment as provided in Section 1.08.010. (Ord. 1519 §20, 2008).
10.04.210 Skateboard park areas.
Any area of a park devoted to skateboards shall be governed by rules promulgated by the director, 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. 1519 §21, 2008).
10.04.220 User's failure to follow park rules--Penalties and prohibition from reentry.
(a) Fiscal Penalties. Any violation of or any failure to comply with any of the provisions of this chapter which is not defined as a criminal law violation by the municipal code or state law and for which no penalty is otherwise specified by the municipal code or state law shall constitute a civil infraction as contemplated by RCW 7.80.120. Any person found to have committed such a violation may be punished by a civil fine or forfeiture in any sum not exceeding two hundred fifty dollars. The following penalties shall apply:
(1) Initial infraction within any twenty-four-calendar-month period: monetary penalty of fifty dollars;
(2) Second infraction within any twenty-four-calendar-month period: monetary penalty of one hundred dollars;
(3) Third infraction within any twenty-four-calendar-month period: monetary penalty of one hundred fifty dollars;
(4) Fourth and subsequent violation within any twenty-four-calendar-month period: monetary penalty of two hundred fifty dollars.
(b) Prohibition from Reentry.
(1) Any person who is either sentenced pursuant to subsection (a)(4) of this section or who, regardless of the violator's prior history, is found by the director to have committed an act or acts which created or resulted in an unreasonable risk to the safety of persons or property may be forbidden from reentering the premises of a park or its associated public parking areas. The written order prohibiting reentry shall set forth in reasonable detail the reasons for the prohibition and may be for such period as the director deems appropriate and shall be served upon the violator. In the event that attempts to serve the order are unsuccessful, a record of the efforts shall be maintained in the records of the city and the name of the individual may be posted at the entry of the city's parks upon a document setting forth a listing of any individual subject to such order.
(2) Any person who is the subject of an order issued pursuant to subsection (b)(1) of this section shall have the right to appeal that order to the city council in writing within ten calendar days of the service of the order upon the person. The notice of appeal shall be filed in the office of the clerk-controller and set forth the name and contact information for the appellant as well as the grounds for the appeal. The council, after giving written notice to the individual at the address provided in the notice of appeal, shall set a date upon which the appeal shall be heard. The council shall hear such testimony and accept such exhibits as it deems appropriate and issue a written decision with findings. That decision shall be final.
By written resolution, the council may delegate the duty and authority it possesses under this subsection to the parks board or to the hearing examiner. (Ord. 1519 §22, 2008).