Chapter 9.60
PARK AND PUBLIC PROPERTY RULES
Sections:
9.60.040 Damage to park property.
9.60.070 Firearms, weapons, fireworks, and explosives.
9.60.090 Signs and billboards.
9.60.100 Drugs, alcohol, and tobacco.
9.60.110 Driving areas and speed limits.
9.60.120 Waste and garbage disposal.
9.60.125 Sound amplification equipment prohibited.
9.60.140 Watercraft restrictions.
9.60.145 Director to post rules.
9.60.150 Noncompliance and ejection from park.
9.60.160 Penalty for violations.
9.60.005 Police power.
This chapter is declared to be an exercise of the police power of the city; its provisions shall be liberally construed for the preservation and protection of the natural environment, public peace, health, safety, and welfare. (Ord. 035-21 § 2).
9.60.010 Definitions.
Whenever used in this chapter, the following terms shall be defined as follows:
“Air or gas weapon” means any air pistol or air rifle, designed to propel a BB, brass BB, pellet, paint ball or other projectile by the discharge of compressed air, carbon dioxide or other gas.
“Alcoholic beverages” or “liquor” includes the four varieties of liquor defined as alcohol, spirits, wine, and beer; all fermented, spirituous, vinous, or malt liquor; and all other intoxicating beverages; and every liquor, solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine, or beer. A liquor, semisolid, solid, or other substance that contains more than one percent alcohol by weight is conclusively deemed to be intoxicating.
“Boat” or “watercraft” means any floating vessel whether propelled or not.
“Camping” means erecting a tent or shelter or arranging bedding or both for the purpose of remaining overnight, or parking a trailer, camper, RV, van, or other vehicle for the purpose of remaining overnight. Indicia of camping include but are not limited to: tents or other temporary shelters, bedding, storage of personal belongings, and use or storage of cooking equipment.
“Director” means the public works director.
“Facility” or “facilities” means a park building, park structure, or park area operated by the city.
“Firearm” means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.
“Motor vehicle” means a self-propelled device capable of being moved upon a street and in which persons or property may be transported, and shall include, but shall not be limited to, automobiles, trucks, motorcycles, motor scooters, recreational vehicles, utility vehicles, vans, and jeeps or similar type four-wheel-drive vehicles, but shall exclude motorized wheelchairs.
“Nonresidential public property” means any street, sidewalk, city park, public park, or any other open area where the city or other governmental agency has a property interest, to include easements. “Nonresidential public property” does not include houses, apartments, or other fixed residential living quarters owned or leased by the city.
“Park” is a park, playground, beach, activity center, recreation center, or any other area in the city owned by or under the management and control of the city and devoted to active or passive recreation for the general public. “Park” also includes all bodies of water located within parks, tidelands, and parking areas associated with parks.
“Person” means all natural persons, firms, partnerships, corporations, clubs and all associations or combinations of persons whenever acting for themselves or by an agent, servant or employee.
“Projectile weapon” means a weapon that is designed for the purpose of launching projectiles without the use of compressed air or gunpowder. Projectile weapons include bows, crossbows, and slingshots. For the purposes of this chapter, projectile weapons do not include anything meeting the definition of “firearm.”
“Trail” means any path or track designed for use by pedestrians, bicycles, or equestrians; and which is not of sufficient width, nor graded or paved with concrete, asphalt, gravel, or similar substance, so designed as to permit its use by standard passenger automobiles, or other right-of-way specifically designated and posted for nonvehicular use. (Ord. 004-23 § 2; Ord. 035-21 § 3; Ord. 004-15 § 1).
9.60.020 Purpose.
The parks, playgrounds, activity centers, buildings, and other facilities of the city of Port Orchard are established for public recreation purposes. (Ord. 004-15 § 1).
9.60.030 Hours.
(1) Unless otherwise posted, parks shall be open to the public every day of the year from dawn to dusk. This means that, unless otherwise posted, parks shall close one-half hour after sunset and reopen one-half hour before sunrise. Any section or part of any park may be declared closed to the public by the director at any time and for any interval of time, either temporarily or at regular times and intervals (daily or otherwise) and either entirely or merely to certain uses, as the director shall find reasonably necessary. The public will be notified of any changes in hours by the posting of a sign (temporary or otherwise) at the park’s main entrance.
(2) It is unlawful to be in a park, or leave a vehicle unattended in a park, after closing time.
(3) This section does not apply to scheduled parks department events or to dedicated roads and sidewalks used for transportation which are not designated as closed. (Ord. 035-21 § 4; Ord. 004-15 § 1).
9.60.040 Damage to park property.
(1) It is a violation of this chapter for any person to remove, damage, destroy, mutilate, or deface any structure, or any part of any structure, or any fixture therein or attached thereto; or to remove, damage, destroy, mutilate, or deface any monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, lighting system, sprinkling system, trail, walkway or any other property lawfully located within a city park.
(2) It is a violation of this chapter for any person to remove, damage, cut, destroy, mutilate, or deface any shrub, tree, fern, plant, flower, or any vegetation located on property owned or leased by the city without the express written permission of the director or designee. (Ord. 035-21 § 5; Ord. 004-15 § 1).
9.60.050 Soliciting.
No person shall solicit alms or contributions for any purpose, whether public or private, nor expose or offer for sale any article or thing, nor shall any person station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing, except as authorized by the city council. (Ord. 004-15 § 1).
9.60.060 Animals.
(1) No animals shall be allowed in any city park other than dogs or cats. It is unlawful for any person to allow or permit any dog or cat to run at large at any park, or to permit any dog or cat with or without a leash, except service animals or dogs used by public law enforcement agencies and under control of a law enforcement officer, to enter any public beach, swimming or wading area, pond, fountain, stream or organized athletic areas thereon, except in areas specifically designated by the director for the exercising of dogs and cats. It is also unlawful for any person to permit any dog or cat to enter any area which the director or designee has posted as a place prohibited to animals. It is further unlawful for any person to permit any dog or cat, whether on or off leash, to disturb or harass any park users or other pets. Any person with a dog or cat in their possession in any park shall be responsible for both the conduct of the animal and shall also be responsible to remove from the park any feces deposited by such animal.
(2) It is a violation of this chapter for any person in any park, in any manner, to tease, annoy, disturb, molest, catch, injure or kill, feed or throw any stone or missile of any kind at, or strike with any stick or weapon any animal, bird or fowl; or to catch any fish or feed any fowl except at those places as may be so designated for the catching of fish or the feeding of fowl by the public works director. It is further unlawful for any person to permit any dog or cat to molest or disturb wildlife in any city park or the nest or breeding place for such wildlife. (Ord. 017-23 § 1 (Exh. A); Ord. 035-21 § 6; Ord. 004-15 § 1).
9.60.070 Firearms, weapons, fireworks, and explosives.
No person except duly authorized law enforcement personnel shall possess a projectile weapon, fireworks, explosive device, or air or gas weapon in a city park. No person shall discharge, shoot, fire, or explode across, in, or into any city of Port Orchard park area a firearm, projectile weapon, BB gun, air or gas weapon, rockets, fireworks, or explosive of any kind, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property. This section shall not apply where the director or designee has authorized in writing a special recreational activity or apply to law enforcement officials acting in official capacity. The director may condition special recreational activity as necessary in order to protect the public health, safety, and welfare, including requiring cleanup and restoration be completed following such activity. Furthermore, this section will not apply where the possession and/or discharge of a personal protection spray is expressly authorized under RCW 9.91.160, as adopted or hereinafter amended. (Ord. 035-21 § 7; Ord. 004-15 § 1).
9.60.080 Fires.
It is a violation of this chapter for any person to build any fire in any park except in authorized fire pits or park-installed cooking facilities. (Ord. 004-15 § 1).
9.60.090 Signs and billboards.
It is a violation of this chapter for any person 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 director of public works, to place or erect in any park a structure of any kind; provided, that the director of public works may permit the erection of temporary directional signs or decorations on occasions of public celebration and picnics. (Ord. 004-15 § 1).
9.60.100 Drugs, alcohol, and tobacco.
(1) It is a violation of this chapter for any person to have possession of or consume any type of intoxicants in a city park with the following exceptions: canned or bottled beer and wine may be consumed by persons 21 years of age or older during group functions authorized by the city of Port Orchard and with a Washington State Liquor Control Board banquet permit. A beer or wine garden, in conjunction with a special event, may be allowed by the city council through special exception only. Use of any controlled substance as defined by Chapter 69.50 RCW is prohibited at all times and subject to enforcement as provided in Chapters 9.14 and 9.57 POMC.
(2) It is a violation of this chapter to smoke or light a cigar, cigarette, joint, pipe, or other smoking device in a park or in the adjacent parking area. (Ord. 004-15 § 1).
9.60.110 Driving areas and speed limits.
(1) It is a violation of this chapter for any person to ride or drive any vehicle over or through any park except along and upon roadways or drives open to public vehicular travel. No vehicle travel is allowed on trails, athletic fields or other park grounds.
(2) It is a violation of this chapter to drive any vehicle in a park at a speed in excess of the posted speed limit or in excess of five miles per hour where no speed limit is posted. (Ord. 004-15 § 1).
9.60.120 Waste and garbage disposal.
It is a violation of this chapter for any person in any manner to place or cause to be placed in the water of any fountain, pond, lake, bay, stream or other body of water in any park or into a storm sewer or drain flowing into such waters any substance, matter or thing which will or may result in pollution of the waters, nor shall any person bring into any park any rubbish, waste, garbage or refuse or leave such anywhere within the park. All waste and garbage generated within a park by picnic or other lawful means shall be placed in proper receptacles where such are provided; where receptacles are not provided, all such waste or garbage shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere. (Ord. 004-15 § 1).
9.60.125 Sound amplification equipment prohibited.
(1) It is unlawful for any person to use, operate, or play or permit to be used, operated, or played in any park any radio, tape player, CD player, MP3 player, television, musical instrument, record player, speaker, or any other machine or device producing or reproducing sound at a volume that is audible at a distance over 30 feet therefrom, except pursuant to a permit issued by the director or designee.
(2) Subject to park availability, the director or designee will grant or grant with conditions a permit for an exception to subsection (1) of this section if the use of the sound amplification equipment:
(a) Will not constitute a public nuisance under POMC 9.24.050;
(b) Will not endanger the public health or safety;
(c) Will not endanger public property; and
(d) Is associated with an event that is open to the general public.
(3) Violations of subsection (1) of this section and violations of permits issued pursuant to subsection (2) of this section shall be considered a public disturbance noise infraction under POMC 9.24.050 and enforced as set forth therein. (Ord. 035-21 § 8).
9.60.130 Camping prohibited.
(1) It is a violation of this chapter to camp in any park or on nonresidential public property, except in places set aside for such purposes and posted for such purposes by the director or designee, or by permit issued by the director or designee.
(2) A person is guilty of unlawful camping if they use park property or nonresidential public property, as defined in this chapter, as a temporary or permanent place of dwelling, lodging, residence, or living accommodation.
(3) Indicia of camping include but are not limited to: tent or other temporary shelter, including use of RV, van, or trailer, bedding, storage of personal belongings, and use or storage of cooking equipment.
(4) Unlawful camping is a misdemeanor.
(5) A person is not guilty of unlawful camping if, at the time the person is on public property, there is no available overnight shelter. “Available overnight shelter” means a public or private shelter, with available overnight space, open to individuals experiencing homelessness, at no charge, located within the city of Port Orchard. If the person is unable to utilize an available overnight shelter due to voluntary actions such as intoxication, drug use, unruly or assaultive behavior, or violation of shelter rules, the overnight shelter space shall still be considered available for the purposes of this section. (Ord. 017-23 § 1 (Exh. A); Ord. 004-23 § 3; Ord. 035-21 § 9; Ord. 004-15 § 1).
9.60.135 Trespassing.
It is unlawful for any person except an authorized city employee in the performance of their duties, or other person duly authorized pursuant to law, to enter or go upon any area which has been designated and posted by the director or designee as a “No Admittance” or “No Trespassing” area, or to enter a park during any time during which the park is posted as being closed to the public. (Ord. 017-23 § 1 (Exh. A); Ord. 035-21 § 10).
9.60.140 Watercraft restrictions.
It is a violation of this chapter to have, keep, or operate any boat, float, raft or other watercraft in or upon any water body within the limits of any park or to launch the same at any point upon the shores thereof bordering upon any park, except at places set apart for such purposes by the city and so designated by signs. (Ord. 004-15 § 1).
9.60.145 Director to post rules.
The director shall have the power and the authority to establish rules applicable to the various city park properties to carry out the purposes of this chapter and to regulate the use of parks, regulate conduct in parks, and designate restricted areas in parks. Such rules shall be in effect and shall be enforceable when such rules are posted at or near the main entrance to the park. Park users shall comply with rules as posted. It shall be unlawful to violate or fail to comply with any park rule or regulation duly posted by the director or designee. (Ord. 035-21 § 11).
9.60.150 Noncompliance and ejection from park.
(1) It is unlawful to violate or fail to comply with any park rule or regulation duly posted by the director, and the superintendent or any park attendant shall have the authority to eject from a park any person acting in violation of this chapter.
(2) The director or designee or authorized agent may order the expulsion of any person from any or all parks for a period of one to seven days if they observe such person:
(a) Using abusive or disruptive language and behaving in such a manner so as to disrupt or threaten to disrupt a park facility or program or which interferes with others’ use of the park facility or participation in such program;
(b) Using tobacco or cannabis products in an unauthorized area or facility;
(c) Causing injury or risk of injury to another person or persons;
(d) Causing damage or risk of damage to city property; or
(e) Violating any provision of this chapter.
(3) The director or designee or authorized agent may order the expulsion of any person from any or all parks for a period of seven days to one year if such person:
(a) Has been expelled from a park two or more times in any 30-day period;
(b) Caused injury to another person;
(c) Sells, possesses or uses illegal drugs or alcohol;
(d) Violates any applicable local, state, or federal law relating to the possession or use of weapons; or
(e) Commits more than one violation of this chapter in any 30-day period.
(4) Any order of expulsion under this section shall be in writing and shall be personally served or sent by certified mail to the person expelled at their last known address.
(5) Any person who enters a park during a period during which they have been expelled under this section is guilty of a misdemeanor. (Ord. 017-23 § 1 (Exh. A); Ord. 035-21 § 12; Ord. 004-15 § 1).
9.60.160 Penalty for violations.
The police department shall have the authority to enforce this chapter. Violations of POMC 9.60.040, 9.60.050, 9.60.060, 9.60.070, 9.60.080, and 9.60.090; violations of POMC 9.60.100 relating to alcohol and tobacco; and violations of POMC 9.60.110, 9.60.120, 9.60.125, 9.60.130, 9.60.135, 9.60.140 and 9.60.150 shall be subject to the civil infraction procedures in Chapter 7.80 RCW and be subject to the monetary penalties for a class 3 civil infraction as provided in RCW 7.80.120(1)(c). Violations of POMC 9.60.100 relating to any controlled substance as defined by Chapter 69.50 RCW is subject to enforcement as provided in Chapters 9.14 and 9.57 POMC. (Ord. 035-21 § 13; Ord. 004-15 § 1).