Chapter 13.04 PARK CODE

This chapter is declared to be an exercise of the police power of the city for the public peace, health, safety and welfare and its provisions are to be liberally construed. The park areas, playgrounds, activity centers and other facilities of the parks of the city are established by law for public recreation purposes. The primary purposes of such facilities and parks are for the accommodation of the public as a whole and secondary for the recreational activities of community groups or other groups consistent with the use of such facilities by the public as a whole. (Ord. 1580 § 2, 2006).

13.04.030 Definitions.

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

(a) “Associated marine area” means any water within one hundred feet of any city park area or marine facility such as a dock, pier, float, buoy, log boom, beach, or other such object which is a part of the city park area; provided, such area does not include private property.

(b) “Camp” means to pitch, erect or occupy camp facilities, or to use camp paraphernalia or both for the purpose of, or in such a way as will permit, remaining overnight, or parking a trailer, camper, or other vehicle for the purpose of remaining overnight.

(d) “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment.

(e) “Director” means the director of public works or his designee.

(f) “Motor vehicle” means any personal self-propelled device capable of being moved upon a road and in, upon, or by which any persons or property may be transported or drawn, and shall include, but not be limited to, automobiles, trucks, motorcycles, motor scooters, jeeps, or similar type of four-wheel-drive vehicles and snowmobiles, whether or not they can be legally operated upon the public highways.

(g) “Park” means and includes all city parks, public drives, parkways, streets, park museums, pools, bathing beaches and play and recreational grounds owned and controlled by the city of Omak.

(h) “Park board” means the board of park commissioners as established and created by Chapter 2.20.

(i) “Person” means all natural persons, firms, partnerships, corporations, clubs and all associations or combination of persons whenever acting for themselves or by an agent, servant or employee.

(j) “Special event” is described as a community-wide event with special provisions and requests from the sponsoring group.

(k) “Store” means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location.

(l) “Street” means any highway, lane, road, street, right-of-way, alley and every way or place in Omak open as a matter of right to public vehicular travel.

(m) “Trail” means any path or track designed for use of pedestrians, bicycles, or equestrians, and which is not of sufficient width, nor graded or paved with concrete, asphalt, gravel, or similar substance so as to permit its use by standard passenger automobiles, or other right-of-way specifically designated and posted for non-vehicular use. (Ord. 1580 § 3, 2006).

13.04.040 Hours.

All city parks and park facilities shall be available and open for the use of the public during daylight hours; provided, that the public works director shall establish defined hours of operation according to the season during which parks and park facilities shall be open to the public; and further provided, city council may by resolution establish other hours of operation to provide for extended hours where lighting has been provided, or curtailed hours of operation for areas containing play equipment or for other circumstances deemed appropriate. Such hours shall be posted at the entrance to the park area affected by the hours. No person shall enter or be present at a city park area after closing time except in the designated camping area at the Carl Precht Memorial RV Park. (Ord. 1580 § 4, 2006).

13.04.050 Closed areas.

Any section or part of any park may be declared closed to the public by the public works director at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as the director finds reasonably necessary. (Ord. 1580 § 5, 2006).

13.04.060 Conditions of use by community or other groups.

Community groups or other groups may reserve the use of facilities in all city parks (except Eastside Park during the period that it is under the jurisdiction of the Omak Stampede each year) with the city clerk on the approved application and entering into an indemnity contract as hereinafter provided, proving liability insurance as hereinafter provided, and where such contemplated activities will not conflict in any way with the normal park usage by the public.

Application will include the following:

(a) Sponsoring organization;

(b) Description of the event;

(d) Expected attendance;

(e) Description of the provisions for security which are approved by the city of Omak chief of police;

(f) Plan for provisions for parking, restrooms, cleanup of the grounds, or any other additional provisions required and approved by the city of Omak director of public works;

(g) Provisions for fire safety which are approved by the city of Omak fire chief.

This application needs to come to the city of Omak in a timely manner for scheduling of the park area.

Any alcohol sales require a special permit under Section 13.04.210, approval by the Liquor Control Board and the Omak city council.

Groups or individuals who wish to use both the Stampede Arena facilities and adjoining areas in Eastside Park must obtain use agreements and event approval from both the Omak Stampede, Inc., and the city of Omak, and comply with all requirements of the use agreements for each entity.

Community group use of the parks facilities must be:

(a) Conducted in accordance with the uses and purposes of the city’s parks;

(b) Held without admission charge;

(d) Open to the general public without discrimination;

(e) At all assemblies or functions by groups for/of minors, responsible adults must be present throughout the entire function;

(f) Scheduled during the hours when the facilities are regularly open.

The city clerk shall circulate the application for approval to all department heads. On any uncertainty of the application of any of these provisions, the clerk may refer the application to the council for review and the council’s decision shall be final. (Ord. 1777 § 3, 2014).

13.04.065 Commercial and for-profit use of parks.

The city recognizes there may be situations where it would be in the interest of the city and its citizens to allow use of city park property by organizations or companies that are proposing a for-profit event or facility. Such requests will be evaluated based on the expected benefits derived by development of a significant tourism event or facility or a cultural or commercial opportunity that would not otherwise be feasible in the community.

In such cases, the requestor will provide the following information:

(a) Name of applicant;

(b) Description of the event or facility;

(d) Expected attendance;

(e) Description of the provisions for security which are approved by the city of Omak chief of police;

(f) Plan for provisions for parking, restrooms, cleanup of the grounds, or any other additional provisions required and approved by the city of Omak director of public works;

(g) Provisions for fire safety which are approved by the city of Omak fire chief;

(h) Any other information that may be requested by the city to fully evaluate the request and make an informed decision.

This application needs to come to the city of Omak in a timely manner for scheduling of the park area.

Any alcohol sales require a special permit under Section 13.04.210, approval by the Liquor Control Board and the Omak city council.

Upon receipt of an application submitted under this section of the code, the city council committee that is charged with park issues will meet with the applicant and staff to determine if the request is to be approved, and to set such conditions and requirements on the event or facility as are deemed appropriate. Any contract, concession agreement or special event agreement developed under this section must be approved by the city council by resolution. (Ord. 1777 § 4, 2014).

13.04.070 Groups to leave facilities in a satisfactory condition.

All groups must leave the facility in a condition considered satisfactory. Satisfactory shall mean restoring the facilities to the condition to which they were prior to the use of the group. No group shall conduct activities causing extra cleanup or custodial work unless by prior previous agreement provision has been made to pay the actual cost as estimated by the public works director and a deposit equal to such sum has been deposited with the city clerk to pay for such work. (Ord. 1580 § 7, 2006).

13.04.080 Liability of groups using facilities.

Groups using facilities will be required to protect and save the city, its elected and appointed officials and employees while acting within the scope of their duties harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of the group’s employees or third parties on account of personal injuries, death, or damage to property arising out of use of the premises. (Ord. 1580 § 8, 2006).

13.04.090 Liability insurance to be obtained by groups using facilities.

Commercial groups or groups wanting complete control of the facility shall obtain and maintain continuous public liability insurance and/or other insurance necessary to protect the city and the public on premises used with limits of liability not less than subsections (a), (b), and (c) of this section. However, if it is a high profile activity, or if there are vendors on site, the limits need to be modified to fit the activity.

(a) One million dollars each person personal injury;

(b) One million dollars each occurrence personal injury;

13.04.100 Liability of city—Storage of equipment.

The city will not provide storage space for any group using its facilities. Each group or assembly will be responsible for its own property for loss through theft or fire. (Ord. 1580 § 10, 2006).

13.04.110 Lost and found articles.

The finding of lost articles by park attendants shall be reported to the director who shall make every reasonable effort to locate the owners. The director shall make every reasonable effort to find articles that are reported as lost. (Ord. 1580 § 11, 2006).

13.04.120 Prohibited acts.

All city ordinances shall apply to and be in full force and effect within the public parks of the city. The following will be prohibited in the Omak parks and it is unlawful for any person to commit the following:

(a) Disturbing the Peace. It shall be illegal for any person to disturb the peace of others in their proper use and enjoyment of the park and park facilities.

(b) Posting Signs, Posters and Notices. No person may attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, railing, post or structure within any park; provided, that the erection of temporary directional signs, or decorations on occasions of public celebration and picnic may be done, provided the same are removed at the close of the occasion; and provided, that the same may be attached without causing injury to any property. No person may use, place or erect any signboard, sign billboard, bulletin board, post, pole or device of any kind for advertising in any park. Political signs are prohibited in city parks. Signs by sponsors of approved youth activities are permitted.

(c) Animals at Large Prohibited. It is unlawful for any person to allow or permit any animals owned by him or within his possession or under his control to run at large in any park or enter any lake, pond, fountain or stream located there. All dogs or other pets or domestic animals must be kept on a leash no greater than eight feet in length and under control at all times while in the city park area. All dog waste/feces shall be deposited in the trash by the pet owners.

(d) Dogs, Pets or Domestic Animals Prohibited. Dogs, pets or domestic animals are not permitted in any designated swimming area neither in any city park area nor in any public building; provided, that this section shall not apply to guide dogs.

(e) Disturbance by Animals Prohibited. No person shall allow his dog or other pet or domestic animal to bite or in any way molest or annoy other park visitors. No person shall permit his/her dog or other pet or domestic animal to bark repeatedly or otherwise disturb the peace and tranquility of the park. (Ord. 1580 § 12, 2006).

13.04.130 Horseback riding in designated area only—Not to endanger others.

No horses shall be permitted in any city area, except where designated by resolution of the council and posted to specifically permit such activity. Horses shall not be permitted in any designated swimming area, campground or picnic area. In such areas as may be designated and posted for horseback riding, no person shall ride any horse or other animal in such a manner that might endanger life or limb of any persons or animal and no person shall allow such horse or other animal to stand in such area or any other area of the park unattended or insecurely tied. (Ord. 1580 § 13, 2006).

13.04.140 Motor vehicles.

(a) Parking in Designated Areas Only. No operator of any automobile, trailer, camper, boat trailer, or other vehicle shall park such vehicle in any city park area, except where the operator is using the area for a designated recreational purpose and the vehicle is parked in a designated parking area. No person shall park, leave standing, or abandon a vehicle in any city park area after closing time, except when camping in a designated area, as hereinafter provided, and except for special events granted permission by the city council. Any vehicle found parked in violation of this section may be towed away at the owner’s or operator’s expense.

(b) Operation in Designated Areas Only. No person shall operate any motor vehicle on a trail in any city park area unless such trail has been specifically designated and posted for such use. Subject to the provisions of this section, no person shall operate a motor vehicle within the boundaries of a city park area except on roads, streets, highways, parking lots, or parking areas; provided, that traveling upon such roads, streets, highways, parking lots, or parking areas has not been prohibited by proper posting.

(c) Speed Limits. No person shall drive a motor vehicle within any city parking area at a speed greater than is reasonable and prudent, having due regard for the traffic on, and the surface and width of, the road and in no event at a speed which endangers the safety of persons, property, or wildlife; provided, however, that in no event shall a vehicle be driving at a speed greater than fifteen miles per hour in camp, picnic, utility, or headquarters areas, or in areas of general public assemblage; and provided further, that in no event shall a vehicle be driven at a speed greater than fifteen miles per hour in any other area. The city council, however, upon finding that the safety of persons and the condition of the road and the traffic thereon so warrants, may establish lower speed limits and shall post the same in the area where so established.

(d) Testing Vehicles Prohibited. It is unlawful to operate any motor vehicle or motorcycle for the purpose of testing it, or ascertaining its fitness for service, along or upon any park drive, parkway or park boulevard. (Ord. 1580 § 14, 2006).

13.04.150 Fishing regulations.

All laws, rules and regulations of the State Game Commission relating to season, limits and methods of fishing are applicable to fishing for game fish in city park areas. No person may fish for, or possess, any fish taken from any area which is posted with a sign prohibiting fishing. (Ord. 1580 § 15, 2006).

13.04.160 Disrobing prohibited.

No person shall disrobe in public in any city park area. Clothing sufficient to conform to community standards shall be worn at all times. (Ord. 1580 § 16, 2006).

13.04.170 Refuse and litter to be deposited in designated receptacles.

It is unlawful for any person to throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk or advertising matter in any park or to deposit any waste or abandoned material therein except in designated receptacles. Where receptacles are not so provided, all such trash, waste and garbage shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.

No person in a park shall throw, discharge, or otherwise place or cause to be placed in the waters of any stream, or other body of water in or adjacent to any park or any stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of the waters. (Ord. 1580 § 17, 2006).

13.04.180 Solicitation, peddling, vendors, advertising or use of amplifying devices prohibited.

No persons or vendor shall solicit, sell or peddle any goods, wares, merchandise, liquids or edibles for human consumption, or distribute or post any handbills or circulars or use any loudspeakers or other amplifying device in any city park areas; provided, that nothing contained in this section shall prohibit the city council by resolution from establishing a procedure and rules and regulations permitting sale of goods, wares or merchandise upon first obtaining a permit from the city and the sale of such goods to be consistent with the general intent and use of the parks and park facilities. Groups applying for use permit may request special permission from the council to have a blanket vendor’s permit for their event and the council may grant permission in advance for a one-time vendor permit for the entire event. (Ord. 1580 § 18, 2006).

13.04.190 Sale and use of fireworks in city parks.

The sale and use of fireworks is regulated by Chapter 8.24 of the Omak Municipal Code. (Ord. 1580 § 19, 2006).

13.04.200 Fires prohibited.

No person shall light a fire or burn in the parks except as provided in Section 13.04.205. Barbeques will be allowed in approved barbeque pits. Cooking shall be allowed in the picnic areas and in approved barbeques. (Ord. 1723 § 1, 2011: Ord. 1580 § 20, 2006).

13.04.205 Outdoor open fires in city parks.

Outdoor open fires shall be allowed in city parks during special events under the following conditions:

(a) The event must be a “special event” as defined in Section 13.04.030.

(b) The sponsoring group must obtain council approval for the fire prior to the event.

(d) A burn permit issued by the Omak fire chief or his/her designee shall be required.

(e) The fire area shall be inspected and approved by the Omak fire chief or his/her designee.

(f) An approved portable outdoor fireplace shall be used. An approved heat shield shall be placed underneath to protect the grass underneath from burning.

(g) The size of the fire shall be three feet or less in diameter, and two feet or less in height.

(h) Only natural vegetation such as firewood can be burned.

(i) Water for fire protection and final extinguishment shall be provided by sponsoring group. (Ord. 1723 § 2, 2011).

13.04.210 Alcoholic beverages prohibited except subject to special events permit.

The opening and/or consumption of alcoholic beverages in a city park area is prohibited, except beer and/or wine may be allowed to be served as part of an organized event pursuant to an approved permit pursuant to Sections 13.04.050 through 13.04.080. Such permit must be approved by the city council and shall include conditions authorizing such alcoholic beverages to be served only by a responsible business or organization within an enclosed area and subject to such additional conditions as may be prescribed by the fire chief, police chief, public works director or city council. The permit shall further include a condition requiring compliance with all regulations of the Washington State Liquor Control Board. This section does not apply to the areas within the Omak Stampede Arena as defined in Section 13.04.280 which is managed by the Omak Stampede, Inc., in accord with a management agreement approved by council. (Ord. 1777 § 1, 2014; Ord. 1580 § 21, 2006).

13.04.220 Firearms and weapons permitted in designated areas only.

No person shall possess a firearm with a cartridge in any portion of the mechanism; nor shall any person discharge across, in, or into any park area a firearm, bow and arrow, or air or gas weapon, or any device capable of injuring or killing any person and animal, or damaging or destroying any public or private property, except in such area and under such circumstance as the council may by resolution designate, and post. (Ord. 1580 § 22, 2006).

13.04.230 Aiding and abetting violation considered commission of act.

Any person aiding and abetting the commission of any of the acts constituting an offense whether present or absent, and any person who directly or indirectly counsels, encourages, hires, commands, induces, or otherwise procures another to commit such an offense shall be proceeded against and prosecuted as the commission of the act itself. (Ord. 1580 § 23, 2006).

13.04.240 Park property.

It shall be illegal for any person to commit any of the following acts:

(a) Buildings and Other Property—Disfigurement and Removal. Willfully mark, deface, disfigure, injure, tamper with, or displace or remove, any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines, or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.

(b) Restrooms and Washrooms. Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition.

(c) Removal of Natural Resources. Dig, or remove any beach sand, whether submerged or not, or any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting, or other means or agency.

(d) Erection of Structures. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon, or access such lands, except on special written permit issued under this chapter.

(e) Trees, Shrubbery and Lawns. Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant; nor shall any person attach any rope, wire, or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass area, or in any other way injure or impair the natural beauty or usefulness of the area.

(f) Climbing Trees, Etc. Climb any tree or walk, stand or sit upon monuments, vases, fountains, railings, and fences or upon any other property not designated or customarily used for such purposes.

(g) Hitching of Animals. Tie or hitch a horse or other animal to any tree or plant.

(h) Wild Animals, Birds, Etc.—Hunting. Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile, or bird, nor shall he remove or have in his possession the young of any wild animal, or the eggs or nest, or young of any reptile or bird.

(i) Feeding. Give or offer, or attempt to give, to any animal or bird any tobacco, alcohol or other known noxious substances. (Ord. 1580 § 24, 2006).

13.04.250 Camping on public property.

(a) Camping. No person shall park or use any vehicle, including trailers, motor homes and campers, in the Eastside Park or trailer park located therein for purposes of living or sleeping therein for a period of more than five consecutive days except as allowed during the annual Omak Stampede event.

The Eastside Park has a designated camping area for recreational vehicles and also for tent use. Any other request for camping on city property must be submitted thirty days in advance and will be submitted to the department heads, the park board and the city council for review and approval.

Fees for the use of a campsite or tent site at the Carl Precht R.V. Park will be charged and are set by resolution of the city council.

It shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia in the following areas, except as otherwise provided by ordinance in designated camping areas:

(1) Any park;

(2) Any street;

(3) Any publicly owned parking lot or publicly owned area, improved or unimproved. (Ord. 1580 § 25, 2006).

13.04.260 Storage of personal property in public places.

It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided by ordinance:

(a) Any park;

(b) Any street;

13.04.270 Parked recreational vehicles exempt.

The provisions of this chapter shall not apply to recreational vehicles parked on any street, or in any publicly owned parking lot or publicly owned area, improved or unimproved, if said recreational vehicle is not at that time being used as a temporary living quarters. For purposes of this chapter, “recreational vehicle” means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a mobile home lot. (Ord. 1580 § 27, 2006).

13.04.280 Stampede Arena and facilities.

Omak Stampede, Inc., contracts with the city to manage the Omak Stampede Arena and associated grounds including the Stampede Arena, the Stampede maintenance building, the ticket office and the Stampede restroom. The area under the management authority of the Omak Stampede, Inc., is described as being that portion of Eastside Park encompassed by the Okanogan River Levee on the north, and including all lands northerly and westerly of East Central Street, Ferry Street and Stampede Drive, excepting therefrom the area known as Triangle Park. Use of the areas that are being managed for the city by Omak Stampede, Inc., must be arranged with the Omak Stampede, Inc., and are subject to the rental and facility use plans contained in the management agreement between the city of Omak and the Omak Stampede, Inc.

During the seven-day period of the Stampede (from the Tuesday prior to the Stampede to the Monday following the second weekend in August), all facilities and grounds in Eastside Park are also under the jurisdiction and control of the Omak Stampede, Inc., except the swimming pool and the Carl Precht Memorial RV Park.

During all other times of the year, the fields and facilities in the area known as Eastside Park (excepting the Omak Stampede Arena described above) are available for public use, and special events or sports leagues subject to the provisions of Sections 13.04.050 though 13.04.090.

13.04.290 Swimming pool.

(a) The Omak swimming pool is open for public use starting the last day of school each year with a free swim for the afternoon. The pool manager schedules swimming lessons each year by June 1st and the summer schedule is set by the public works department. The pool generally closes for the season by August 31st. Swimming fees are collected at the swimming pool and the pool personnel issue the passes for the season. The pool is open each week from Monday through Saturday starting in June until the end of August except that it is closed for the annual Omak Stampede celebration from Wednesday until Sunday during August. It will be closed whenever there is a storm in the area and it is determined by the pool manager that thunder/lightning make it unsafe to swim. Parents who drop their children off to swim are responsible for their safety and need to monitor the weather in case the pool is closed.

(b) Groups desiring to reserve the public swimming pool must complete the pool rental agreement two weeks in advance on the approved form attached as Exhibit B to the ordinance codified in this chapter. The pool manager will be responsible for scheduling the use of the pool, notifying applicants of approval and collecting the fees for use of the pool.

(d) Responsible adults (over twenty-one) must accompany the pool party in a ratio of one adult to ten children (1 to 10) and must be present overseeing the party at all times. It will also be their responsibility to call twenty-four hours in advance to confirm their pool reservation.

(e) No alcohol or other drinks, food, or smoking is permitted inside the pool facility.

(f) All pool and diving rules must be followed and any violators will be asked to leave. The city of Omak and its employees will not be responsible for injury resulting from violation of these conditions. The hold harmless agreement for the use of the city facilities must be signed at the time of pool application.

(g) Fees for the use of the swimming pool at the Eastside Park will be charged and are set by resolution of the city council. (Ord. 1580 § 29, 2006).

13.04.300 Penalties for violation.

Failure to perform any act required, or the performance of any act prohibited by this chapter, is designated as a civil infraction and shall not be classified as a criminal offense. Any person, firm or corporation found to have committed a civil infraction shall be assessed a monetary penalty which penalty may not exceed five hundred dollars for each offense.

In addition, every person failing to comply with any provision of this chapter shall be subject to immediate ejection from park areas. (Ord. 1580 § 30, 2006).