Chapter 9.60 MUKILTEO PARK CODE

D. “Dusk” means the time at one-half hour after sunset as published by the National Weather Service. (Ord. 1331 § 1, 2013: Ord. 1223 § 2 (Exh. A) (part), 2009)

9.60.020 Hours.

A. All city parks, except Lighthouse Park, shall be closed from dusk to dawn unless otherwise posted by the city of Mukilteo.

B. Lighthouse Park shall be closed between the hours of ten p.m. and six a.m. between October 1st and April 30th and ten p.m. and four a.m. from May 1st through September 30th unless otherwise posted by the city of Mukilteo. (Ord. 1331 § 2, 2013; Ord. 1223 § 2 (Exh. A) (part), 2009)

9.60.030 Trespassing.

A. It is unlawful for any person except a duly authorized city employee in the performance of his/her duties, or other person duly authorized pursuant to law, to enter or go upon any area which has been designated and posted by the city as a “no admittance” or “no trespassing” area for the purpose of protecting the environment or for the purpose of protecting the public from conditions which constitute a potential hazard to life or physical well-being.

B. It is unlawful for any person to knowingly enter, remain in, or otherwise be present within park premises during hours when the park or portion of the park is not open to the public, unless the person is present within the park to participate in an activity conducted by the city or has obtained written permission from the city to do so in accordance with the city’s special event permit policy.

C. A violation of this section is subject to criminal arrest and prosecution pursuant to RCW 9A.52.070 or 9A.52.080. (Ord. 1480 § 6, 2023; Ord. 1223 § 2 (Exh. A) (part), 2009)

9.60.040 Posting signs, posters and notices.

A. It is unlawful for any person, without prior written permission of the city of Mukilteo, to attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, railing, post or structure within any park; provided, that the city may permit the erection of temporary signs, decorations or temporary stands and buildings on occasions of group or public celebrations and picnics.

B. It is unlawful for any person, without prior written permission of the city, to affix to, stake in, or place on the ground any signboard, sign, billboard, bulletin board, post, pole or device of any kind in any city park, that will be left unattended or to place or erect in any park a permanent or temporary structure of any kind; provided, that before granting any such permit, the city shall establish general rules and regulations pertaining hereto, including provisions pertaining to removal, protection of the city park department and its employees, and protection of the interests of the general public and of persons using said park. (Ord. 1223 § 2 (Exh. A) (part), 2009)

9.60.050 Injury to park property unlawful.

A. It is unlawful for any person to remove, destroy, mutilate, injure, cut, disturb or mark or write upon any structure or building, or any part of any structure or building, or any fixture therein, or attached thereto, or any monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, lighting system or sprinkling system, or any other property lawfully located within any park.

B. It is unlawful for any person to pick, cut, or remove any tree, shrub, bush, plant, flower, rock, or wood of any kind, including but not limited to logs and other woody debris placed in a park for beach and/or habitat enhancement and driftwood, or to remove any animal, bird, fish or other sealife except as permitted and regulated by the laws of the state related to fish and game.

C. A violation of subsection A of this section is subject to criminal arrest and prosecution pursuant to RCW 9A.48.090. (Ord. 1480 § 7, 2023; Ord. 1223 § 2 (Exh. A) (part), 2009)

9.60.060 Animals running at large prohibited.

A. It is unlawful for any person to allow or permit any dog or other pet to run at large in any park except dogs used by a law enforcement officer or fire department personnel and except in areas specifically designated by the city for off-leash use. All dogs or other pets must be physically controlled at all times by a leash no greater than eight feet in length while in the park.

B. It is unlawful for any person to allow or permit any dog or other pet to enter any public beach, swimming or wading area, pond, fountain, stream or organized athletic area thereon, except for guide or service dogs.

C. Any person with a dog or a pet in his/her possession in any park shall be responsible for both the conduct of the animal and shall remove from any park feces deposited by such animal. (Ord. 1223 § 2 (Exh. A) (part), 2009)

9.60.070 Explosives/fireworks.

It is unlawful for any person to possess fireworks or explosives, including consumer fireworks as defined in RCW 70.77.136, in any city park. (Ord. 1223 § 2 (Exh. A) (part), 2009)

9.60.080 Teasing, annoying or injuring animals prohibited.

It is unlawful for any person in any park, in any manner, to tease, annoy, disturb, molest, catch, injure or kill or to throw any stone or missile of any kind at, or strike with any stick or other object, any animal, including but not limited to bird or fowl. (Ord. 1223 § 2 (Exh. A) (part), 2009)

9.60.090 Certain vocations prohibited.

A. It is unlawful in any park to aggressively solicit or ask for any payment or gift of money.

B. It is unlawful in any park to solicit in-hand donations of money, on-the-spot exchanges of money, or to exchange money for the in-person sale of any goods, services, or merchandise without written permission of the city or a concession contract issued by the city. (Ord. 1223 § 2 (Exh. A) (part), 2009)

9.60.100 Loudspeakers and sound amplification.

It is unlawful to operate or use any loudspeaker or mechanical means of amplifying sound in any park without a written special event permit issued by the city; provided, that before granting any such permit, the city shall establish general rules and regulations pertaining thereto, which rules and regulations may be more restrictive than the requirements set forth in Chapter 8.18. (Ord. 1223 § 2 (Exh. A) (part), 2009)

9.60.110 Permit for assemblies required.

It is unlawful for any person to hold, sponsor or participate in any organized assembly without first giving to the city written notice thereof and obtaining therefrom a written permit to do so in accordance with the city’s special event permit policy. Such rules and regulations may require a fee for “cleanup” undertakings, the furnishing of waste and sanitary conveniences and effective plans for traffic and crowd control and management. (Ord. 1223 § 2 (Exh. A) (part), 2009)

9.60.120 Circus, carnivals and similar activities.

It is unlawful to operate or conduct any circus, carnival or similar exhibition except as part of an organized recreation program of the city’s recreation and cultural services division. (Ord. 1223 § 2 (Exh. A) (part), 2009)

9.60.130 Distribution of literature.

It is unlawful for any person to distribute any handbills, circulars, or signs in any park in any manner that interferes with or obstructs the normal passage of people or vehicles. (Ord. 1223 § 2 (Exh. A) (part), 2009)

9.60.140 Fishing for commercial purposes.

It is unlawful at any park boat launch ramp or parking area associated with any park boat launch ramp to engage in or attempt to engage in any commercial fishing activities as defined by RCW 77.15.110, including handling, processing or otherwise disposing of or dealing in food fish or parts thereof for profit, or by sale, barter or trade, or in commercial channels, or to have, keep, launch, land or operate any boat equipped with gear unlawful for fishing for personal use as specified by the State Director of Fisheries pursuant to RCW Title 77; provided, that this section shall not be applied to impair the exercise of any right protected by the Treaty of Point Elliott (12 Stat. 927 (1859)). (Ord. 1223 § 2 (Exh. A) (part), 2009)

9.60.150 Vehicles.

It is unlawful to ride or drive any bicycle, motor vehicle, motorcycle or motor-driven cycle over or through any park except along and upon the public roads, streets, designated parking areas, or other designated areas therein or to operate any vehicle at a speed in excess of the posted speed limit. Both the operator and driver of such motor vehicle, motorcycle or motor-driven cycle and such vehicle shall be properly licensed if required by state law. (Ord. 1223 § 2 (Exh. A) (part), 2009)

9.60.160 Skateboards and skates.

It is unlawful to use skateboards, in-line skates, or roller skates in any park, except by obtaining city written permission to do so in accordance with the city’s special event permit policy. (Ord. 1223 § 2 (Exh. A) (part), 2009)

9.60.170 Camping areas.

It is unlawful for any person or group of persons to camp in any park except by obtaining city written permission to do so in accordance with the city’s special event permit policy. (Ord. 1223 § 2 (Exh. A) (part), 2009)

9.60.180 Building fires.

It is unlawful for any person to build or kindle any fire in any park except at Lighthouse Park in city-constructed and -maintained fire rings. (Ord. 1223 § 2 (Exh. A) (part), 2009)

9.60.190 Depositing refuse and litter.

It is unlawful for any person to throw or deposit any refuse including litter, garbage, broken glass, crockery, shrubbery, yard trimmings, junk, advertising matter or other waste materials in any park except in designated receptacles. It is unlawful for any person to deposit refuse not generated in parks in a receptacle within a park. (Ord. 1223 § 2 (Exh. A) (part), 2009)

9.60.200 Intoxicating liquors and drugs prohibited.

A. It is unlawful to bring into any park, possess, or consume, while in any park, any wine, beer or other alcoholic beverage; provided, this prohibition shall not apply to city-sponsored or co-sponsored events with an approved special event permit.

B. It is unlawful to bring into any park or consume by mouth, inhalation or injection, or possess while in any park, narcotic or illegal drugs; provided, however, that this section shall not apply to any person consuming a drug obtained by such person by lawful prescription and taken pursuant to the medical direction of a licensed physician.

C. A violation of subsection B of this section is subject to criminal arrest and prosecution pursuant to RCW 69.50.4013. (Ord. 1480 § 8, 2023; Ord. 1223 § 2 (Exh. A) (part), 2009)

9.60.210 Parking.

No person shall park, leave standing, or abandon a vehicle in any Mukilteo park area after closing time except in designated paid parking stalls or boat and trailer permit parking stalls with appropriate overnight parking permit/ticket displayed in windshield. Any vehicle found parked in violation of this section may be towed away at the owner’s or operator’s expense. (Ord. 1223 § 2 (Exh. A) (part), 2009)

9.60.220 Adoption of rules and regulations by mayor or designee.

The mayor shall have the authority to promulgate and adopt reasonable rules and regulations pertaining to the operation, management and use of the parks, and shall post the same in conspicuous places in the parks. Such rules and regulations may include the establishment of hours during which any park or portion thereof, as designated by signs located within the designated portion, shall be closed to the general public; such closures may be for reasons of public safety, welfare and convenience, or for reasons of park maintenance. It is unlawful for any person to violate or fail to comply with any park rule or regulation duly adopted and posted by the city. (Ord. 1223 § 2 (Exh. A) (part), 2009)

9.60.230 Violations—Penalty.

Every person convicted of a violation of any provision of this chapter or of any rule or regulation promulgated pursuant to the authority granted by this chapter shall be guilty of a Class I civil infraction and shall be punished by a monetary penalty of not more than two hundred fifty dollars. The court may also order a person found to have committed a civil infraction under this chapter to make restitution for damage to park property. Juvenile offenders will be referred to the juvenile court for appropriate action; provided, however, that any parking violation occurring within a recreational area shall be designated as an infraction and subject to the penalties provided by law. (Ord. 1223 § 2 (Exh. A) (part), 2009)