Chapter 11.24
CITY PARKS
Sections:
11.24.030 Priority of park usage for programs of city parks and recreation department.
11.24.050 Waiver of fees and charges.
11.24.070 Permit exceptions to park hours.
11.24.080 Removal or exclusion from city parks, facilities, and properties.
11.24.090 Penalties for violation.
11.24.010 Parks defined.
The term “parks” means and includes all parks, public squares, park drives, parkways, boulevards, park museums, swimming and wading pools and play and recreation grounds under the ownership of the city of Othello. (Ord. 1580 § 1, 2022; Ord. 1431 § 2 (part), 2015).
11.24.020 Prohibited acts.
The following acts are unlawful:
(a) To use, place or erect any signboard, sign, billboard, bulletin board, post, pole or device of any kind for advertising in any park; or to attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, railing, post or structure within any park; or, without the written consent of the Othello city council, to place or erect in any park a structure of any kind; provided, that the Othello city council may permit the erection of temporary directional signs or decorations on occasions of public celebration and picnics.
(b) To remove, destroy, mutilate or deface any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, shrub, tree, fern, plant, flower, lighting system, or sprinkling system or other property lawfully within any park.
(c) To shoot, fire or explode any firearm, fireworks, firecracker, torpedo or explosive of any kind or to shoot or fire any air gun, bows and arrows, BB gun or use any slingshot in any park.
(d) To sell refreshments or merchandise or to distribute literature in any park without the permission of or a concession contract with the Othello city council.
(e) To consume, possess, or bring or cause to be brought wine, beer, illegal drugs and marijuana and alcoholic beverages in or into any park.
(f) To be under the influence of any alcoholic beverage or drug, or to conduct oneself in a disorderly manner in any park; provided, that the use of said beverage or drug shall not be a defense in a court prosecution under this chapter.
(g) To erect tents, bounce houses or any other temporary structures that require ground anchoring without first receiving authorization from the parks and recreation coordinator or designee.
(h) To remain in any city park during the hours of closure set forth in Section 11.24.060 unless in attendance at an activity for which the city of Othello has actually issued a permit.
(i) To exclusively use any park for preadvertised assemblies or groups consisting of twenty-five or more persons without issuance of a permit by and approval from the parks and recreation coordinator or designee, except for athletic fields, in which case no exclusive use of any park for preadvertised assemblies or groups consisting of ten or more persons may be made without the issuance of a permit by and approval from the parks and recreation coordinator or designee. Such groups shall be required to supply security to the city against damage or destruction of park facilities and impairment of ecological conditions within the park.
(j) To interfere, enter and remain, or disrupt the activities of any valid permittee exercising its right to use the park in accordance with a permit issued by the city of Othello.
(k) To use, operate, maneuver, or permit a child or other person to use, operate or maneuver, any motorized vehicle, including but not limited to automobiles, trucks, motorcycles, minibikes, trail bikes, go-carts, ATVs, dune buggies, gas or electric powered skateboards or scooters in the public parks of the city of Othello, or upon any public property not improved for vehicle use, without prior written approval, authorized by the Othello city council; provided, however, that this section shall not prohibit the use and operation of powered mobility aids, lawnmowers, trucks or other authorized vehicles performing work or other duties or municipal functions or maintaining or repairing improvements on said parks or other public lands.
(l) To camp in any park except at places set aside for such purposes by the Othello city council and so designated by signs.
(m) To throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk or advertising material in any park or to deposit any such material therein except in designated receptacles.
(n) To allow or permit any animal to run at large in any park or enter any swimming pool or wading pool or stream within the parks.
(o) To have or ride any horse, mule or other riding animal except in designated areas.
(p) To commit any pattern of criminal street gang activity or criminal street gang-related offense as defined by RCW 9.94A.030.
(q) No person shall within any park: hunt, pursue, trap, kill, injure, or molest any bird or animal, or have in possession any wild animal, bird, fish, or reptile or the eggs or nest of any bird or reptile except for city, state, or federal officers enlisted to remove dangerous or threatening wildlife. From time to time, the city may permit the collection of fish or wildlife specimens for the purpose of scientific study when such collection has been authorized by a government agency of Washington State or the United States of America.
(r) Urinating, or defecating, except in the appropriate plumbing fixtures in restroom facilities.
(s) Exhibiting, displaying, or drawing any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons, unless otherwise authorized by law.
(t) Sitting or lying on floors of planters, handrails, stairs, counters, window sills, or any other area or fixture not specifically designed for seating purposes, or floors, sidewalks, asphalt, or other ground covering (not to include park fields or grass areas unless a prohibition is otherwise posted thereon) in or on city of Othello parks facilities and properties.
(u) Engaging in sexual activity with self or others.
(v) To allow a dog or animal to defecate in a park and not clean up after the dog or animal and properly dispose of the dog or animal waste.
(w) Climbing on park structures or facilities other than on structures or facilities designed to be climbed on for recreational purposes by the general public (such as playground equipment).
(x) To violate or fail to comply with any park rule or regulation duly adopted and posted by the Othello city council. (Ord. 1580 § 1, 2022; Ord. 1431 § 2 (part), 2015).
11.24.030 Priority of park usage for programs of city parks and recreation department.
Recreational programs organized by the parks and recreation department of the city shall be entitled to priority use of parks and recreational facilities. Any recreational program organized by the city parks and recreation department shall be entitled to exclusive use of such park, or necessary portion thereof, to facilitate such program. The parks and recreation department shall maintain a schedule of programs, teams and times and dates of park usage available for inspection at the public works department. (Ord. 1580 § 1, 2022; Ord. 1431 § 2 (part), 2015).
11.24.040 Fees and charges.
Except as otherwise provided herein, all park use permits shall require a reservation fee, in addition to any applicable per diem or service fees for use of the park, as established by resolution of the Othello city council.
Weekday reservations (Monday through Thursday) must be canceled at least twenty-four hours in advance to receive a refund, minus a nonrefundable processing fee and a fifteen dollar cancellation fee.
Weekend reservations (Friday, Saturday and Sunday) must be canceled by five p.m. the Wednesday before to receive a refund, minus a nonrefundable processing fee and a fifteen dollar cancellation fee.
Cancellations and modifications can only be done at City Hall between eight a.m. through five p.m., Monday through Friday.
No show/noncancellation will result in forfeiture of all fees. Refunds will not be issued after the scheduled reservation. (Ord. 1580 § 1, 2022; Ord. 1431 § 2 (part), 2015).
11.24.050 Waiver of fees and charges.
Upon recommendation of the Othello city council, the parks and recreation coordinator or designee may waive fees and charges for the use of city parks and participation in parks and recreation programs for nonprofit or governmental entities when it is determined a waiver of such fees and/or charges is in the best interest of the city of Othello. Such waiver shall not waive any applicable insurance requirements. Such waiver shall be granted only for activities that benefit the community at large and promote the general health, safety or welfare of the city’s residents. (Ord. 1580 § 1, 2022; Ord. 1431 § 2 (part), 2015).
11.24.060 Hours of operation.
Except as otherwise provided herein, all parks within the city of Othello, including vehicle parking areas within said parks, shall be closed to the general public between the hours of eleven p.m. and six a.m. of the following day, and no person, other than a police officer of the city of Othello, or an authorized employee of the city of Othello, shall be in any city park during these hours of closure; provided, however, that Kiwanis Park shall be closed between the hours of nine p.m. and six a.m. the following day, Sunday through Thursday, and shall be closed between the hours of ten p.m. and six a.m. the following day on Friday and Saturday. For the purposes of this section, the times referred to above shall be daylight savings time or Pacific Standard Time, whichever is in effect on the date in question. (Ord. 1580 § 1, 2022; Ord. 1431 § 2 (part), 2015).
11.24.070 Permit exceptions to park hours.
The closing hour set forth in Section 11.24.060 may be extended only for that period of time necessary to allow conclusion of special events or activities for which a prior permit has been obtained from the city of Othello. (Ord. 1580 § 1, 2022; Ord. 1431 § 2 (part), 2015).
11.24.080 Removal or exclusion from city parks, facilities, and properties.
Any person engaging in prohibited conduct under the provisions of this code may be refused entrance upon or ordered to leave city of Othello parks, facilities and properties by a commissioned law enforcement official or city of Othello parks personnel as authorized by the city administrator. Failure to immediately comply with such a removal order may be grounds for prosecution for criminal trespass.
(a) Procedure for Administrative Exclusion. Except as provided in subsection (a)(4) of this section, Immediate Refusal or Removal, city of Othello police officers and parks employees shall not refuse entrance to anyone who has not been formally excluded from city of Othello parks pursuant to the application of park’s rules or a court order.
(1) Basis for Exclusion. Engaging in prohibited conduct under Section 11.24.020, Prohibited acts, shall be cause for excluding a person from the privilege of entering and using all or any part of city of Othello parks facilities and properties for a period of time as determined by city of Othello based on the conduct and circumstances leading to an exclusion.
(2) Notice Procedure. The city administrator, or his/her designee, shall give written notice by personal delivery or by mailing a copy by regular U.S. mail addressed to the person’s last known address, to any person to be excluded from city of Othello parks facilities and properties. The notice shall specify the reason for exclusion, places and duration of the exclusion, the effective date of the exclusion, the appeal process, and provide the person an opportunity to respond in person, by telephone or in writing, to the proposed action within five calendar days of actual or constructive receipt of the notice by the person being excluded.
An exclusion shall commence on the sixth calendar day after actual or constructive receipt of the notice by the person being excluded, unless the person has timely requested an administrative review of the notice, in which case the city administrator, or his/her designee, shall review the exclusion and shall render a written decision determining whether exclusion is warranted within five calendar days from the date of the person’s request for review. Such written decision shall be delivered personally to the requesting person or delivered by mailing a copy by regular U.S. mail, addressed to the person’s last known address.
If the city administrator, or his/her designee, determines that exclusion is warranted, such exclusion shall commence and be effective upon actual or constructive receipt of the written decision by the person to be excluded.
(3) Constructive Notice. Receipt of a notice is construed to have been accomplished if the person knew or reasonably should have known from the circumstances that he/she is excluded from parks, facilities and properties. Receipt of a notice is also presumed to have been accomplished three calendar days after the notice has been placed in the U.S. mail.
(4) Immediate Refusal or Removal. The city, at its sole discretion, may waive the notice procedure described in subsection (a)(2) of this section and immediately remove a person from city of Othello parks, facilities, and property if (A) the person has engaged in conduct prohibited by Section 11.24.020, and (B) in the city administrator’s, or his/her designee’s discretion, immediate conditions exist that pose safety or security risks, interfere with or impinge on the rights of others, or impede the orderly and efficient use of city of Othello parks facilities and properties.
The notice and administrative review provisions of subsection (a)(2) of this section shall not be available to a person removed from city of Othello parks, parks facilities and properties under subsection (a)(4) of this section for any period less than thirty calendar days.
(5) Refusal to Comply. The refusal to immediately comply with an order excluding a person from city of Othello parks facilities and properties shall be grounds for arrest and/or prosecution for criminal trespass.
(6) Length of Exclusion. The following suggested exclusion lengths are guidelines to be used by the city administrator or his/her designee in determining the duration of a particular exclusion under the provisions of this section. The actual exclusion period imposed may be shorter or longer depending on the circumstances of each case, and the circumstances that form the basis for determining the length of exclusion shall be stated in the written report(s) of the incident(s) leading to the exclusion.
Circumstances considered by the city administrator, or his/her designee in determining the length of exclusion may include, without limitation, the immediate incident, documented history of prior incidents involving the excluded person, law enforcement records, and any other public records available to the city administrator or his/her designee, regarding the person’s conduct while using or accessing city of Othello parks facilities and properties.
First offense: one through ninety days;
Second offense: ninety-one through one hundred eighty days;
Third offense: one hundred eighty-one through three hundred sixty-four days;
Each subsequent offense: three hundred sixty-five or more days.
(7) Appeal Procedure. The following appeal process shall be provided to any person excluded from city of Othello parks facilities and properties for a period of thirty days or more. Not later than ten calendar days after commencement of the exclusion, an excluded person may appeal in writing to the city administrator, or his/her designee, for de novo review of the exclusion. Commencement of the exclusion shall be defined as the date upon which the exclusion became effective and shall be determined by city official records. The appellant may request a hearing or may request review without a hearing based on a written statement setting forth the reasons why the exclusion is invalid or improper. If the excluded person is unable to respond in written format, the city administrator will make reasonable accommodation to allow due process. If no hearing is requested, the city administrator, or his/her designee, shall render a written decision within twenty calendar days after receipt of the appeal.
(8) Hearing. If a hearing is requested, the hearing shall be held within twenty calendar days after receipt of the appeal, and a written decision shall be rendered within twenty calendar days after the hearing. Exclusions shall not be stayed during the appeal process. (Ord. 1580 § 1, 2022).
11.24.090 Penalties for violation.
Any person who violates any of the provisions of Section 11.24.020, Prohibited acts, shall be deemed to have committed a civil infraction and shall be subject to a C-12 penalty. (Ord. 1580 § 1, 2022; Ord. 1431 § 2 (part), 2015. Formerly 11.24.080).