Chapter 12.32 CITY PARKS AND TRAILS

The parks, playgrounds, activity centers, trails, and other facilities of the department are established for public recreation purposes. This chapter and Chapter 5.50 MVMC, which applies to the use of city parks for special events, are an exercise of the city’s police power for the public peace, health, safety, and welfare, and shall be liberally construed to meet the city’s goal of managing and maintaining park facilities in an attractive and intact condition, readily available to the people who wish to use and enjoy them. (Ord. 3844 § 1, 2022; Ord. 3764 § 2, 2018).

12.32.020 Definitions.

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

1. “Department” means the Mount Vernon parks and enrichment services department.

2. “Director” means the director of the department.

3. “Park” means and includes all city parks, playgrounds, public squares, park drives, parkways, park facilities, trails or trail corridors, promenades, the downtown riverfront plaza, and any other plaza deemed to be a park, playfields, recreation grounds, and other property under management of the department within the jurisdiction of the city of Mount Vernon; other property includes but is not limited to unimproved lands or open space under management of the department.

4. “Park facility” or “facilities” means any building, structure, or park area operated by the department.

5. “Park ranger” means a parks enforcement officer who shall be a fully commissioned general authority Washington peace officer. The park ranger is hereby granted the full authority of a general authority peace officer commissioned to enforce local infractions, local criminal laws, and criminal laws of the state of Washington generally as set forth in RCW 10.92.020(4) as now or hereafter amended. Persons designated as park ranger shall bear identification reflecting the authority under which they act, which identification shall be shown to any person requesting the same.

6. “Person” means all persons, groups, firms, partnerships, corporations, clubs, and all associations or combinations of persons whenever acting for themselves or as an agent, servant, or employee. (Ord. 3869 § 1, 2023; Ord. 3844 § 1, 2022; Ord. 3764 § 2, 2018).

12.32.030 Administrative rules.

A. The director shall have authority to promulgate and adopt reasonable rules and regulations pertaining to the operation, management and use of the parks unless otherwise prohibited by the parks code. These rules and regulations shall allow the full, peaceful access and utilization of the parks by the public to the greatest extent possible when reasonable and are consistent with the public health, safety, and welfare.

B. Knowingly violating an administrative rule adopted and promulgated by the director that has been posted at the entrance to a park or on bulletin boards in a park constitutes an infraction. The posting of park rules at the entrance(s) to or on bulletin boards in a park is evidence that the person knew of the rule. (Ord. 3844 § 1, 2022; Ord. 3764 § 2, 2018).

12.32.040 Obstructing a park ranger prohibited.

A person commits the offense of obstructing a park ranger when:

A. He or she intentionally uses or threatens to use force to obstruct a person he or she knows or should reasonably know is a park ranger and while such park ranger is performing his or her official duties; or

B. He or she willfully hinders, delays, or obstructs any park ranger in the discharge of his or her official powers or duties. (Ord. 3844 § 1, 2022; Ord. 3764 § 2, 2018).

12.32.050 Refusal to give information to park ranger.

A. A person commits the offense of refusal to give information to a park ranger if he or she knows or should know they are in a city park and fails to comply with any of the duties set forth in subsection B of this section.

B. Any person who is requested or signaled to stop by a park ranger has a duty to stop. Whenever the park ranger obtains evidence warranting detention of a person for investigation of a municipal code violation, the park ranger may detain that person for a reasonable period of time necessary to identify the person, check for outstanding warrants and/or driver license status, and complete and issue a notice of infraction or criminal citation. (Ord. 3844 § 1, 2022; Ord. 3764 § 2, 2018).

12.32.060 Violation of park rules unlawful.

Repealed by Ord. 3844. (Ord. 3764 § 2, 2018).

12.32.070 Unlawful camping in city park.

A. A person commits the offense of unlawful camping in a city park if he or she camps in any park or on public property within 50 feet of a park trail, except as otherwise provided by ordinance or park rule or as permitted pursuant to Chapter 5.05 MVMC. This section shall not apply to (1) streets or rights-of-way under the management of Mount Vernon public works and (2) public space open to the general public adjacent to city right-of-way. Notwithstanding the foregoing, it shall remain unlawful to camp in a city park with established park hours, playgrounds, playfields and recreation grounds, public squares, park drives, parkways, park facilities, trails or trail corridors, parking facilities, promenades, the downtown riverfront plaza and any other plaza deemed to be a park, except as otherwise provided by ordinance or park rule or as permitted pursuant to Chapter 5.05 MVMC.

B. Definitions.

1. “Camp” means to pitch, use, or occupy camp facilities for the purposes of habitation, as evidenced by the use of camp paraphernalia.

2. “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.

3. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks or cooking facilities or equipment. (Ord. 3844 § 1, 2022; Ord. 3764 § 2, 2018).

12.32.075 Unlawful use or abandonment of vehicle.

A. A person commits unlawful use of a vehicle when he or she:

1. Rides or drives any motor vehicle, motorcycle, or motor-driven cycle, as defined in Chapter 46.04 RCW, over or through any park or trail except along and upon the public roads, streets, designated parking areas, or other designated areas therein or operates any vehicle at a speed in excess of the posted speed limit, unless permitted pursuant to Chapter 5.05 MVMC. The operator of such motor vehicle, motorcycle, or motor-driven cycle and such vehicle shall be properly licensed if required by state law.

2. Parks any vehicle in any park or parking lot for the principal purpose of displaying a sign that advertises a business or product or for displaying such vehicle for sale.

3. Washes, greases, or performs repairs other than minor repairs such as replacing windshield wipers or repairs necessitated by an emergency.

B. A person commits unlawful abandonment of a vehicle if her or she leaves any vehicle unattended for more than 24 hours in a park.

C. Violation of any of the provisions of this section constitutes an infraction. (Ord. 3844 § 1, 2022).

12.32.080 Trespass in parks.

A. A person commits trespass in parks when he or she:

1. Enters or remains in a park from which her or she has been excluded during the period covered by an exclusion notice pursuant to MVMC 12.32.200; or

2. Enters, remains in, or is otherwise present, including parking lots serving a park, during hours which the park or portion of the park is not open to the public; or

3. Enters or remains in any park or area of a park which has been designated and posted by the director as a closed area, using such postings as “no admittance,” “closed to use,” or “no trespassing.”

B. The provisions of this section do not apply to any duly authorized city employee in the performance of his or her duties, persons, other than those excluded from parks, present within the park to participate in an activity either conducted by the department or pursuant to the terms of a permit issued by the department, or other person authorized by law to be in a park.

C. It is not a defense to the crime of trespass in 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.

D. Unless specifically excepted below, parks are open to the public between 6:00 a.m. and 10:00 p.m. from April 1st to October 31st and between 7:00 a.m. and 7:00 p.m. from November 1st to March 31st.

1. Hillcrest Park Lodge and Vaux Retreat Center may remain open until 12:00 a.m. (midnight) when rented pursuant to rules established by the department; provided, however, that music or other amplified sounds shall terminate at the hour of 10:00 p.m. Friday through Sunday.

2. Trails are open for public use between the hours of 5:00 a.m. and 12:00 a.m. (midnight).

E. The director or his or her designee shall have the authority to close or modify the hours a city park or park facility is open to the public when deemed appropriate. (Ord. 3844 § 1, 2022; Ord. 3764 § 2, 2018. Formerly 12.32.190).

12.32.090 No trespassing areas.

Repealed by Ord. 3844. (Ord. 3764 § 2, 2018).

12.32.100 Sound amplification equipment prohibited.

A. Except as authorized by the director, or as permitted pursuant to Chapter 5.05 MVMC, 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 when any of such equipment is operated in such a manner as to be audible at a distance of 50 feet. It is unlawful to exceed noise levels prescribed by MVMC 9.28.060 and 9.28.070.

B. Violation of any of the provisions of this section constitutes an infraction. (Ord. 3844 § 1, 2022; Ord. 3764 § 2, 2018).

12.32.110 Littering and illegal dumping.

A. It is unlawful to leave, deposit, drop or scatter any bottles, broken glass, ashes, paper, cans or other rubbish, litter, vegetation, debris, refuse, or personal property in any city park except in a garbage can or other receptacle designated for such purposes.

B. It is unlawful to deposit household or commercial garbage, trash, refuse, waste, debris, rubbish, or organic matter, which is brought as such from any private property, in any park garbage receptacle or upon any park property.

B. Violation of any of the provisions of this section constitutes an infraction. In addition to any monetary penalty, the person responsible for illegal littering and dumping is liable to pay restitution for any costs incurred by the city to remove the litter or garbage and the department is authorized to effect the collection of such costs. (Ord. 3844 § 1, 2022; Ord. 3764 § 2, 2018).

12.32.120 Building fires.

A. It is unlawful to build any fires in any park except in a city-provided barbecue, barbecue pit, or fire ring, or as permitted pursuant to Chapter 5.05 MVMC. Fires may be restricted in accordance with a burn ban.

B. It is unlawful to use any material other than charcoal for fires in areas designated by the department. The use of wood and any combustible material other than charcoal for fires is prohibited unless permitted pursuant to Chapter 5.05 MVMC.

C. Violation of any of the provisions of this section constitutes an infraction. In addition to any monetary penalty, the person responsible for damage caused by an unauthorized fire shall be liable to pay restitution for any costs incurred by the city to repair the damage and the department is authorized to effect the collection of such costs. (Ord. 3844 § 1, 2022; Ord. 3764 § 2, 2018).

12.32.130 Removal, destruction, or unauthorized use of park property, exceptions.

A. It is unlawful for any person to remove, injure, deface, damage, or destroy park property. This prohibition applies to all aspects of the natural or landscaped environment and to any structure, object, equipment, improvement, or other park property and includes, but is not limited to mowing, pruning, cutting, clearing, planting, or otherwise altering or disturbing any park property.

B. It is unlawful to collect, gather, or harvest natural resources or other materials on park property except by written permission of the director.

C. Except as would be allowed under a permit issued by the director, it is unlawful to use utilities such as electricity, lighting, water, or sewer for personal use when the utility is secured, when security designed to prevent use by other than city employees is damaged or broken, or when posted for official use only.

D. Use of metal detectors is prohibited in all planter beds, areas marked as environmentally sensitive, no trespassing, do not enter, or closed area signs; and in all athletic areas or areas designated by the director. After digging, the person shall fill in any hole and return the area and soil to its original condition. Violation of any of the provisions of this subsection regarding the use of metal detectors constitutes an infraction. In addition to any monetary penalty, the person responsible for unrepaired damage shall be liable to pay restitution for any costs incurred by the city to repair the damage and the department is authorized to effect the collection of such costs. (Ord. 3844 § 1, 2022; Ord. 3764 § 2, 2018).

12.32.135 Posting of signs prohibited – Exception.

A. It is unlawful for any parson to paint, mark or write on, or post or otherwise affix, any handbill or sign to or upon any park property including, but not limited to any sidewalk or walkway; post; fence; hydrant; tree, shrub, or tree stake or guard; electric light, power or telephone pole or wire appurtenance thereof; any lighting system; drinking fountain; street, traffic, or park information sign; or other structure or building with in a park unless associated with an event permitted under Chapter 5.05 MVMC.

B. It is unlawful for any person to:

1. Leave a sign in a park when the park is closed or after the conclusion of an event permitted under Chapter 5.05 MVMC; or

2. Leave a sign unattended in a park, meaning being more than five feet away from the sign, except when the sign is affixed to a vehicle, complies with regulations for vehicle signs in Chapter 17.87 MVMC, and the person’s principal purpose for being in the park is other than displaying the sign.

C. Any handbill or sign found posted or otherwise affixed upon or within a park contrary to the provisions of this section may be removed at the direction of the director or his or her designee.

D. Violation of any of the provisions of this section constitutes an infraction. In addition to any monetary penalty, the person responsible for any such illegal posting shall be liable for the costs incurred in the removal thereof and the department is authorized to effect the collection of such costs. (Ord. 3844 § 1, 2022).

12.32.140 Urinating or defecating on park property.

It is unlawful to intentionally urinate or defecate in any park except through facilities specifically provided for the purpose. (Ord. 3844 § 1, 2022; Ord. 3764 § 2, 2018).

12.32.150 Unlawful encroachments on park property – Exceptions.

A. A person commits the offense of unlawful encroachment on park property if he or she constructs or erects any building structure of whatever kind, whether permanent or temporary in character, unless the structure is authorized in a permit issued by the director or his or her designated representative or is a commercially available and manufactured instant and free-standing shelter no larger than 12 feet by 12 feet that is open on at least three sides, not staked to the ground, and used to provide protection from the sun or rain during the park’s open hours.

B. Violation of any of the provisions of this section constitutes an infraction. In addition to any monetary penalty, the person responsible for any such illegal encroachment shall be liable for the costs incurred in the removal thereof and the department is authorized to effect the collection of such costs. (Ord. 3844 § 1, 2022; Ord. 3764 § 2, 2018).

12.32.160 Restrictions on animals in parks.

A. Dogs and other domestic animals are not allowed within those areas of city parks posted or otherwise identified as closed to animals under rules and regulation adopted by the director.

B. All dogs, where allowed on city park property, must be under control by means of a leash or carrying cage; provided, that this requirement does not apply to areas of park property specifically designated by the city for off-leash use or as otherwise permitted by the director or his or her designee.

C. Horses are only allowed on paved roads open to motor vehicles, and on bridle paths when designated by director or when permitted pursuant to Chapter 5.05 MVMC.

D. Owners or handlers are responsible for cleaning up their animals’ waste deposits left on park property.

E. Owners and handlers are required to have in their possession the equipment necessary to remove their animals’ fecal matter when accompanied by said animal on public property or public easement.

F. It is unlawful for any person to allow or permit any dog or other pet to enter any wading area, spray park, fountain, posted organized athletic area thereon, except for guide dogs or service animals.

G. Other than fishing in compliance with Washington Department of Fish and Wildlife rules and regulations, no person shall hunt, catch, or injure any wild animal on park property.

H. Violation of any of the provisions of this section constitutes an infraction. (Ord. 3844 § 1, 2022; Ord. 3764 § 2, 2018).

12.32.170 Alcoholic beverages.

A. The opening or consuming of any alcoholic beverage on park property is prohibited, except in those areas, or at those events, that:

1. Have appropriate licensing from the state of Washington; and

2. Have explicit written permission of the department including pursuant to Chapter 5.05 MVMC.

B. Violation of any of the provisions of this section constitutes an infraction. (Ord. 3844 § 1, 2022; Ord. 3764 § 2, 2018).

12.32.180 Unlawful use of marijuana in parks.

A. A person commits the offense of unlawful use of marijuana in a park when he or she opens a package of marijuana or consumes marijuana in a park.

B. “Marijuana,” as used in this section, includes “marijuana products,” “useable marijuana,” “marijuana concentrates,” and “marijuana-infused products” as those terms are defined in Chapter 69.50 RCW.

C. Violation of any of the provisions of this section constitutes a Class 3 civil infraction and may be punished by a penalty of not more than $50.00, not including statutory assessments. (Ord. 3844 § 1, 2022; Ord. 3764 § 2, 2018).

12.32.190 Unlawful use of tobacco products in parks.

A. A person commits the offense of unlawful use of tobacco products if he or she uses tobacco products in a park, park facility, or within 25 feet of any park facility.

B. “Tobacco products” as used in this section, includes:

1. “Cigarettes” as defined in RCW 82.24.010(2) as presently adopted or hereafter amended;

2. “Tobacco products” as defined in RCW 82.26.010(21) as adopted or hereafter amended, except commercially produced nicotine gum and patches; and

3. “Vapor products” as defined in RCW 70.345.010(18) as presently adopted or hereafter amended.

C. Violation of any of the provisions of this section constitutes an infraction. (Ord. 3844 § 1, 2022).

12.32.200 Procedure for exclusion from city parks.

A. The director or his/her designees, park ranger, or Mount Vernon police officer may exclude from a city park anyone who within a city park:

1. Violates any provision of this chapter; or

2. Violates any park rule; or

3. Engages in any conduct constituting probable cause that he or she is committing or has committed any criminal offense in the park.

B. The person 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 or upon review of civilian reports which would ordinarily be relied upon by police officers in the determination of probable cause, by the director, the director’s designee, park ranger, city employee, or Mount Vernon police officer.

C. If the person to be excluded:

1. Has not been excluded from any city park by an exclusion notice issued within one year prior to the current violation, and the current violation is not a criminal violation, then the person may be excluded from any or all city parks for a period of 60 days from the date of issuance of the exclusion notice.

2. Has been the subject of one or more prior exclusion notices issued within one year prior to the current violation, or if the current violation is a criminal violation, then the person may be excluded from any or all city parks for a period of one year from the date of issuance of the exclusion notice.

D. 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.

E. The original exclusion notice will be forwarded to the Mount Vernon police department records unit for entry into the police records management system. One copy of the exclusion notice will be maintained by park staff and one copy will be delivered to the subject of the notice by personal service or by mailing the notice to the person by first class or certified mail at the person’s last known address.

F. A person receiving an exclusion notice may request a hearing to have the exclusion notice rescinded or modified. The city office of the hearing examiner established under Chapter 2.34 MVMC, including hearing examiner pro tempore, shall be the tribunal to conduct and rule on any hearing request. The request for a hearing shall be delivered to the Mount Vernon police department or postmarked no later than seven 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. Immediately upon receipt of a request for hearing on an exclusion notice, police department staff will forward the information directly to the legal department, criminal division (prosecutor), who will cause the scheduling of the hearing and take reasonable steps to notify the excluded person of the date, time and place of the hearing. An exclusion notice should only be rescinded or modified following a hearing as described herein.

G. The decision following a hearing is final. A person seeking judicial review of the hearing examiner’s decision must file the appropriate writ or other pleading in the Skagit County superior court.

H. The exclusion notice remains in effect during the pendency of any administrative or judicial proceeding.

I. 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.

J. The city intends that this section be enforced so as to emphasize voluntary compliance with laws and park rules and that inadvertent minor violations can be corrected without resort to an exclusion notice. (Ord. 3844 § 1, 2022; Ord. 3764 § 2, 2018).

12.32.210 Penalty for violations.

A. Unless otherwise provided, violation of any section of this chapter designated as an infraction or any park rule or regulation duly adopted and posted by the director may be punished by a penalty of not more than $250.00, not including statutory assessments.

B. Unless otherwise provided, any person violating any provisions or failing to comply with any of the mandatory requirements of this chapter not otherwise designated as an infraction shall be guilty of a misdemeanor and may be punished by a fine of not more than $1,000, not including statutory assessments, or by imprisonment not to exceed 90 days or by both such fine and imprisonment. (Ord. 3844 § 1, 2022; Ord. 3764 § 2, 2018).

Code reviser’s note: Ord. 3764 added this section as 12.32.010. It has been editorially renumbered to avoid duplication of numbering.