Chapter 12.08
PARK RULES
Sections:
12.08.040 Merchandising, advertising and signs.
12.08.050 Permits – Required – Application.
12.08.060 Permits – Standards for issuance.
12.08.070 Permits – Conditions of issuance.
12.08.090 Permits – Conditions relevant to all issued permits.
12.08.120 Permits – Liability of permittee.
12.08.130 Permits – Revocation.
12.08.140 Decisions of director final.
12.08.150 Enforcement authorized.
12.08.160 Ejection of violators.
12.08.180 Penalty for violation.
12.08.010 Parks defined.
As used in this chapter, a “park” means an area of land, with or without water, developed and used for public recreational purposes, including landscaped tracts, picnic grounds, playgrounds, athletic fields, recreation centers, camps, foot, bicycle and bridle paths, motor vehicle drives, wildlife sanctuaries, museums, zoological and botanical gardens, facilities for bathing, boating, hunting and fishing, as well as other recreational facilities owned by the city of Pacific and utilized for the benefit of the public. (Ord. 1477 § 4, 2000).
12.08.020 Park rules.
The following regulations apply to any park within the city of Pacific:
A. There shall be no loitering in or about the vicinity of any park.
B. No motor-powered vehicle shall be allowed in other than designated parking areas except vehicles duly authorized by the city.
C. No fires shall be allowed in other than designated areas.
D. No person shall tease, annoy, disturb, molest, catch, injure or kill, or throw any stone or missile of any kind at, or strike with any stick or weapon, any animal, fish or fowl.
E. No pets shall be allowed that are not leashed, caged or otherwise securely restrained from running free.
F. No person shall cut, remove or otherwise destroy any tree, flower or shrub, nor allow their pets or livestock to cause such damage, except with written permission from the maintenance superintendent.
G. No livestock shall be permitted to enter or remain within any city park or around any recreational facility except that horses may be permitted in those areas specially designed for horses.
H. No person shall mutilate, deface, injure, damage or molest, nor shall any person throw litter about any building installation, personal property or equipment.
I. No overnight camping unless authorized by the board.
J. No person shall dump any substance at a city park whatsoever without having first obtained the written permission of the city’s utility superintendent or park superintendent. The written permission shall be limited specifically to the type of material that may be dumped and be valid for no more than a one-month period of time.
K. The use of any type of fireworks in city of Pacific parks is unlawful, unless properly permitted in accordance with Chapter 70.77 RCW.
L. Driving any motorized vehicle on park property is prohibited unless properly permitted or in areas designated for motor vehicles. (Ord. 1584 §§ 1, 2, 2004; Ord. 1477 § 4, 2000).
12.08.030 Hours of operation.
Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during designated hours. The opening and closing hours for each individual park shall be posted therein for public information. (Ord. 1737 § 3, 2009; Ord. 1477 § 4, 2000).
12.08.040 Merchandising, advertising and signs.
No person in a park shall:
A. Vending and Peddling. Expose or offer for sale any article or thing, nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing, except on special written permit issued under this chapter;
B. Advertising. Announce, advertise, or call the public attention in any way to any article or service for sale or hire, except on written permit issued under this chapter other than incidental advertising;
C. Signs. Paste, glue, tack or otherwise post any sign, placard, advertisement, or inscription other than by written permit under subsection B of this section, nor shall any person erect or cause to be erected any sign whatever on any public lands or roads in or adjacent to a park other than by written permit under subsection B of this section. (Ord. 1737 § 4, 2009).
12.08.050 Permits – Required – Application.
A. Use Permit. Any group or organization desiring to reserve park facilities for a specific purpose, which purpose will exclude the general public from the use thereof, shall obtain a use permit before engaging in such activity, which use permit may be issued by the director, or his designee, on forms supplied by the director, or his designee.
B. Sales and Advertising Permit. Any group or organization desiring to engage in any of the activities described in PMC 12.08.040 shall obtain a sales and advertising permit before engaging in such activity, which sales and advertising permit may be issued by the Pacific city council on forms supplied by the director or his designee. (Ord. 1737 § 5, 2009).
12.08.060 Permits – Standards for issuance.
A. Use Permit. The director, or his designee, shall issue a use permit under this chapter when he finds:
1. That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park;
2. That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;
3. That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct;
4. That the proposed activity will not entail unusual, extraordinary or burdensome expense of police and/or public works operation by the city. The city may require the applicant to hire private security personnel;
5. That the facilities desired have not been reserved for other use at the day and hour required in the application.
B. Sales and Advertising Permit. The city council may issue a sales and advertising permit when it determines that:
1. The proposed sales and advertising will enhance public or private enjoyment of the park facilities;
2. The proposed sales and advertising activities will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation. (Ord. 1737 § 6, 2009).
12.08.070 Permits – Conditions of issuance.
The director or his designee, or the city council, whoever issues the permits set forth in PMC 12.08.050 and 12.08.060, may place such conditions on receipt of the permit as are necessary to ensure adherence to the standards set forth in PMC 12.08.060. (Ord. 1737 § 7, 2009).
12.08.090 Permits – Conditions relevant to all issued permits.
At the time of expiration of all permits, the permittee shall assure:
A. All conditions placed on the permit and all applicable park rules and regulations and all applicable ordinances have been complied with;
B. The park has been returned to the condition in which it existed prior to the effective date of the permit including removal of all temporary structures, litter, signs, advertising or other debris resulting from or associated with the activities engaged in pursuant to the permit. (Ord. 1737 § 8, 2009).
12.08.100 Permits – Appeal.
A. Use Permits. Within three days after the receipt of an application for a use permit, the director, or his designee, shall apprise an applicant in writing of his reasons for refusing a permit, and any aggrieved person shall have the right to appeal in writing within 10 days to the city’s hearing examiner, which shall consider the application under the standards set forth in PMC 12.08.060 and sustain or overrule the director’s, or his designee’s, decision within 21 days.
B. Sales and Advertising Permits. Within five days of its receipt of the application for a sales and advertising permit or at the next regularly scheduled council meeting following the filing of such application, whichever is later, the city council shall either grant or refuse the sales and advertising permit. If it refuses the permit, it shall apprise the applicant in writing of its reasons for refusing the permit. The decision of the city council shall be final unless any aggrieved party appeals the decision to the county superior court within 10 days of the date of the decision. (Ord. 1737 § 9, 2009).
12.08.110 Permits – Effect.
A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in the permits. (Ord. 1737 § 10, 2009).
12.08.120 Permits – Liability of permittee.
The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued. (Ord. 1737 § 11, 2009).
12.08.130 Permits – Revocation.
The director, or his designee, shall have the authority to revoke all permits issued under this chapter upon a finding of violation of any rule, condition, regulation or ordinance, or upon good cause shown. (Ord. 1737 § 12, 2009).
12.08.140 Decisions of director final.
All decisions of the director, or his designee, regarding compliance by the recipient of any permit with the conditions of the permit and the provisions of this chapter shall be final. (Ord. 1737 § 13, 2009).
12.08.150 Enforcement authorized.
The director and delegated park attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter. (Ord. 1737 § 14, 2009).
12.08.160 Ejection of violators.
The director and any delegated park attendant shall have the authority to eject from the park any person acting in violation of this chapter. (Ord. 1737 § 15, 2009).
12.08.170 Permit fee.
There shall be a nonrefundable permit fee as established by city resolution for any permit required by this chapter. (Ord. 1737 § 16, 2009).
12.08.180 Penalty for violation.
Any person or persons convicted of a violation of this chapter shall be punished by a fine not to exceed $500.00 and/or the specified amount to repair any and all damages caused by the violation. (Ord. 1737 § 17, 2009; Ord. 1477 § 4, 2000. Formerly 12.08.040).