Chapter 9.20 PUYALLUP PUBLIC PARKS AND PUBLIC FACILITIES

(1) Use of Words and Phrases. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.

(2) “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.

(3) “Camp” or “camping” means to pitch or occupy camp facilities; to use camp paraphernalia.

(4) “Camp facilities” include, but are not limited to, motor vehicles, trailers, tents, huts, or temporary shelters.

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

(6) “Civic Center” shall consist of the curtilage of the Puyallup Public Library, Pioneer Park, the curtilage of the Pioneer Park Pavilion, the curtilage of City Hall, Pioneer Plaza, City Hall Commons, the Kiwanis Kids Spray Park, Puyallup City Hall parking lots, the parking lot located south of the Puyallup City Library, west of the Pioneer Park Pavilion, east of 3rd Street S.W. and north of 4th Avenue S.W., the public parking lot located south of West Pioneer Avenue and west of 3rd Street S.W., and the curtilage of the Activity Center.

(7) “Facility” or “facilities” means a park building, park structure, or park area operated by the city.

(8) “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.

(9) “Park” means an area under the ownership, management, or control of the city used for public recreation, leisure, and park purposes and so designated by ordinance.

(10) “Parks director” means the director of the city’s parks and recreation department and/or his designee.

(11) “Public facility,” for the purpose of this chapter, means the buildings, structures, and equipment, and the adjoining grounds and appurtenances of any of the following:

(a) Any park maintained by the city of Puyallup and the City of Puyallup Woodbine Cemetery.

(b) Any recreational area maintained by the city of Puyallup, including but not limited to Pioneer Park Pavilion, Bradley Lake Park, Clark’s Creek Park, DeCoursey Park, the Brown Property, Grayland Park, Manorwood Park, Pioneer Park, Puyallup Riverwalk Trail, Puyallup Skatepark, Puyallup Valley Sports Complex, Rainier Woods Park, Sam Peach Park, Veteran’s Park, and Wildwood Park.

(d) Public facilities, including, but not limited to, the Puyallup City Hall, Puyallup Activity Center, the Puyallup Public Library, Puyallup municipal court, Pioneer Park Pavilion, City of Puyallup Woodbine Cemetery, Corporate Yards, Recreation Center, and the War Memorial Building.

(12) “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.

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

(14) “Trail” means a path or track designed for use by pedestrians or bicycles, which is not of sufficient width nor graded or paved so as to permit its use by automobiles, and other rights-of-way specifically posted and designated for nonvehicular use. (Ord. 3153 § 1, 2017; Ord. 3050 § 1, 2013; Ord. 2948 § 1, 2009; Ord. 2840 § 2, 2005).

9.20.010 Compliance with recreation board’s and parks director’s rules and regulations required.

It shall be a violation of this chapter to violate any rule or regulation adopted by the recreation board of the city as provided in PMC 2.24.030 or the parks director. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978).

9.20.015 Administration.

(1) The parks director shall have the authority to promulgate rules setting forth the times and conditions upon which city parks and park facilities will be open, closed, or used by the public.

(2) Persons or community groups desiring to use a park facility shall obtain a permit from the parks director.

(3) Religious services or group rallies may be permitted in city parks where facilities are adequate, and where such activities will not conflict with normal park usage. A community group permit must be obtained prior to the service or rally in accordance with PMC 9.20.100.

(4) All persons must leave park buildings and structures in a condition satisfactory to the parks director. No person shall conduct activities causing extra custodial work unless previous agreement has been made to pay for such work and this is stated on the use permit. The parks director may require a deposit sufficient to cover possible added custodial or security costs.

(5) Persons using facilities by permit will be required to protect, defend, save, and hold the city, its elected and appointed officials, employees, and volunteers, 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 a person or group’s members or employees or third parties on account of any action, including but not limited to personal injuries, death, or damage to property arising out of the use of premises, or in any way arising out of the acts or omissions of the person, group, and/or its agents, employees or representatives.

(6) During all periods of use, persons using facilities by permit shall obtain and maintain public liability insurance in such form and amounts as determined by the parks director.

(7) The use of park facilities for financial gain shall be allowed only through concession contracts with the city or by written permit from the parks director.

(8) Permits and schedules for the use of park facilities are officially issued or distributed by the parks director. Park facility rental policies and fees are adopted in writing by the parks director. Participants shall yield to the holder of such permits or schedules. Participants with or without a permit or schedule shall abide by all rules and regulations within this chapter and as promulgated by the parks director.

(9) It is unlawful for any person to violate or fail to comply with any park rule or regulation duly promulgated by the parks director or as set forth in this chapter. (Ord. 2948 § 2, 2009; Ord. 2840 § 2, 2005).

9.20.020 Certain erections prohibited – Exceptions.

It is unlawful to use, place, or erect any signboard, sign, billboard, bulletin board, post, pole or device of any kind for advertising in any part, or on the public right-of-way attached thereto, or to attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, railing, post or structure within any park, or on the public right-of-way attached thereto, or without the written consent of the parks director to place or erect in any park a structure of any kind; provided, that the parks director may issue a written permit for the placement of temporary directional signs or decorations on occasions of public celebration and picnics. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978).

9.20.030 Removal or destruction of property.

It is unlawful 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 any permanent work in any park. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978).

9.20.040 Animal restrictions.

(1) It is unlawful for an owner to allow the owner’s animal to run at large in any park, or enter any lake, pond, fountain or stream therein. All dogs must be on a leash at all times, except when in those areas specifically designated by the director as off-leash areas.

(2) It is unlawful for an owner to allow the owner’s animal to enter or remain on a city-owned athletic field, except that an owner may allow the owner’s animal to enter or remain on spectator or city-designated areas. The director shall have authority to designate spectator areas and areas where owners may allow pets to enter and remain.

(3) It is unlawful for an owner to allow the owner’s animal to enter or remain in Kiwanis Kids Spray Park at Pioneer Park.

(4) The restrictions herein do not apply to police dogs or service animals, as defined in this section.

(5) For purposes of this section, an “owner” is any person or other entity which controls or possesses an animal. The phrase “controls or possesses” shall include possession, harboring, keeping, controlling, having an interest in, responsibility for, or having custody of an animal.

(6) “Service animal” means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items, as defined by 28 C.F.R. Section 36.104, as amended.

(7) “Police dog” means a dog used by a public safety official that is specially trained for law enforcement or detection work and under the control of a dog handler, as defined by RCW 4.24.410, as amended. (Ord. 3091 § 1, 2015; Ord. 2911 § 1, 2008; Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978).

9.20.050 Fireworks, firearms, and weapons.

It is unlawful to shoot, fire, discharge or explode any air gun, B-B gun, firearm, fireworks, firecrackers, torpedoes or explosives of any kind or to carry any bows and arrows or use any slingshot in any park unless a written permit has been obtained from the parks director. A law enforcement officer acting pursuant to lawful authority is exempt from this section. (Ord. 3004 § 1, 2012; Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978).

9.20.060 Interference with wildlife.

It is unlawful 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 weapon any animal, bird, fowl or fish in any park, or to feed any fowl in the park except at areas designated by the parks director. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978).

9.20.070 Restrictions on loudspeakers, radios, and other sound-making devices.

(1) It is unlawful to operate or use any loudspeaker or mechanical device designed to amplify one’s voice or sound from a musical instrument in a park without a written permit or concession contract from the parks director.

(2) It is unlawful for any person to play a radio, stereo, television set, or similar devices at volumes such that they may be heard over 20 feet from the source except as authorized by a written permit or concession contract from the parks director. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978).

9.20.080 Circuses and exhibitions.

It is unlawful to hold, operate, or conduct a circus, carnival, or traveling exhibition in any park, except such activities as may be a regular part of the parks and recreation program conducted by the parks director, or without a written permit from the parks director. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978).

9.20.090 Sales.

It is unlawful to sell refreshments or merchandise in any park without the written consent of, or a concession contract with, the parks director. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978).

9.20.100 Meetings and literature distribution.

It is unlawful to hold or participate in any religious or political meeting or other assembly, or to distribute literature in any park without first obtaining the written permission of the parks director. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978).

9.20.110 Watercraft restrictions.

It is unlawful to have, keep, or operate any gasoline motorized boat, float, raft or other watercraft in or upon any bay, lake, slough, river, or creek 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 parks director and so designated by signs. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978).

9.20.120 Vehicles and horses.

It is unlawful to drive any motor vehicle over or through any park, except along and upon the park drives, parkways, park boulevards, or at a speed in excess of 15 miles per hour; or to stand or park any vehicle, except in areas that are designated by the parks director. Improperly parked vehicles are subject to towaway. It is unlawful to ride or lead horses in any areas of the park, except in areas designated by the parks director for such purposes and so designated by signs. Official city vehicles conducting city business or other official vehicles as approved by the parks director are exempt from this section. (Ord. 2948 § 3, 2009; Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978).

9.20.130 Camping.

(1) Unlawful Camping in Public Places. Except as permitted by permit pursuant to subsection (4) of this section or as otherwise provided by ordinance, it shall be unlawful for any person to camp in any park or other public place.

(2) Unlawful Storage of Personal Property in Public Places. Except as permitted by permit pursuant to subsection (4) of this section or as otherwise provided by ordinance, it shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in any park or other public place.

(3) Parked Recreational Vehicles Exempt. The provisions of this chapter shall not prohibit recreational vehicles from being parked within or on any park or other public place, subject to the applicable parking provisions of this code, if said recreational vehicle is not at that time being used as temporary living quarters or otherwise inhabited. A recreational vehicle may only be inhabited within or on any park or other public place pursuant to subsection (4) of this section.

(4) Permit.

(a) The director is authorized, by permit, to allow persons to camp, occupy camp facilities, use camp paraphernalia, or store personal property within or on any park or other public place that may be designated by the city for such use in the city of Puyallup.

(b) The director shall approve a permit as provided under this section when, from a consideration of the application and from such other information as may otherwise be obtained, the director finds that:

(i) Adequate sanitary facilities are provided and accessible at or near the campsite;

(ii) Adequate trash receptacles and trash collection is to be provided;

(iii) The camping activity will not unreasonably disturb or interfere with the peace, comfort, and repose of private property owners; and

(iv) The camping activity is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct, or create a disturbance.

(c) The director is authorized to promulgate rules and regulations regarding the implementation and enforcement of this chapter.

(d) No permit shall be issued for a period of time in excess of seven calendar days.

Any person denied a permit may appeal the denial to the hearing examiner pursuant to Chapter 2.54 PMC. The decision of the hearing examiner shall be final unless appealed to the superior court pursuant to said chapter. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978).

9.20.140 Sports events.

It is unlawful to practice or play golf, baseball, cricket, lacrosse, polo, archery, hockey, tennis or other games of like character or to hurl or propel any airborne or other missile or to fly any model airplane except at places set apart for such purposes by the parks director and so designated by signs. (Ord. 2948 § 4, 2009; Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978).

9.20.150 Littering.

It is unlawful to throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk or advertising matter in the park or to deposit any such material therein, except in designated receptacles. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978).

9.20.160 Refuse restrictions.

It is unlawful to deposit any refuse, not generated in parks, in designated receptacles. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978).

9.20.170 Testing motor vehicles.

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 or trail. (Ord. 2948 § 5, 2009; Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978).

9.20.180 Vehicle or animal competitions.

It is unlawful to engage in, conduct, or hold any trials or competitions for speed, endurance or hill climbing involving any vehicle, boat, aircraft or animal in any park without written permission of the parks director. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978).

9.20.190 Fires.

It is unlawful to build any fires in any park except in areas designated by the parks director. Campfires, including those used for cooking and in barbecues, may only be built in areas designated by the parks director. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978).

9.20.195 Lighted material in city park property prohibited.

(1) It is unlawful for any person to smoke cigars, cigarettes, tobacco, or other material or to throw any lighted tobacco, cigars, cigarettes, matches, firecrackers, or other lighted material on or within any city park, including without limitation any shelters or other structures located in such parks; provided, a person may dispose of smoking materials in a receptacle designed for such purpose if such item is placed within a park.

(2) It is unlawful for any person to vape within any city park. “Vape” means consuming, inhaling or tasting of any kind of vapor product using any battery operated or electronic device.

(3) Enforcement officers shall make a good faith effort to warn persons observed to be in violation of this section before issuing a violation notice. The director shall post signs in appropriate locations advising patrons of this section. Failure to comply with this section shall constitute a civil infraction or a civil violation, subject to the procedures and penalties contained in Chapter 1.02 or 1.03 PMC, and, notwithstanding penalty provisions set forth in other provisions of this chapter, shall not be construed as a misdemeanor. (Ord. 3141 § 1, 2017; Ord. 2948 § 6, 2009; Ord. 2840 § 2, 2005).

9.20.200 Alcohol.

It is unlawful to bring into or consume in any park or facility any alcoholic beverages unless written permission has first been made to and approved by the parks director. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978).

9.20.210 Disorderly conduct and profanity.

It is unlawful to use profane or abusive language or to conduct oneself in a disorderly manner on park property or in any public facility owned or managed by the city. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978).

9.20.215 Pedestrian interference.

(1) A person is guilty of pedestrian interference if, in a public place, he or she intentionally:

(a) Obstructs pedestrian or vehicular traffic; or

(b) Aggressively begs.

(2) For purposes of this section, the following definitions apply:

(a) “Aggressively beg” means to beg with the intent to intimidate another person into giving money or goods.

(b) “Beg” means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means.

(d) “Obstruct pedestrian or vehicular traffic” means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one’s constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant with this chapter or with PMC 10.20.040 shall not constitute obstruction of pedestrian or vehicular traffic.

(e) “Public place” means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks, trails, and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to public buildings and the grounds enclosing them.

(3) A violation of this section shall be a civil infraction and shall be subject to a fine of up to $250.00, plus statutory assessments. If the person is unable to pay the monetary penalty, the court may order performance of a number of hours of community service in lieu of a monetary penalty. The default amount shall be $100.00.

(4) Notwithstanding and in lieu of the penalties provided under subsection (3) of this section, a violation of this section is a misdemeanor, punishable by a fine not to exceed $1,000 or imprisonment not to exceed 90 days or by both such fine and imprisonment, if the offender has at least two prior violations of this section. (Ord. 2840 § 2, 2005).

9.20.217 Sitting or lying down upon public sidewalk prohibited.

(1) Prohibition. No person shall sit or lie down upon a public sidewalk, or upon a blanket, chair, stool, or any other object placed upon a public sidewalk, during the hours between 7:00 a.m. and 9:00 p.m. in the following zones:

(a) The central business district core or central business district, which terms mean all areas presently or hereafter designated in the central business district core (CBD-Core) zone or central business district (CBD) zone.

(2) Exceptions. The prohibition in subsection (1) of this section shall not apply to any person:

(a) Sitting or lying down on a public sidewalk due to a medical emergency;

(b) Who, as the result of a disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk;

(c) Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to a street use permit; or a person participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a street use or other applicable permit;

(d) Sitting on a chair or bench located on the public sidewalk which is supplied by a public agency or by the abutting private property owner;

(e) Sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation.

Nothing in any of these exceptions shall be construed to permit any conduct which is prohibited by this or any other chapter of the Puyallup Municipal Code.

(3) No person shall be cited under this section unless the person has been notified by a law enforcement officer that their conduct is prohibited by this section.

(4) A violation of this section shall be a civil infraction and shall be subject to a fine of up to $250.00, plus statutory assessment. If the person is unable to pay the monetary penalty, the court may order performance of a number of hours of community service in lieu of a monetary penalty. The default amount shall be $100.00.

(5) Notwithstanding and in lieu of the penalties provided under subsection (4) of this section, a violation of this section is a misdemeanor, punishable by a fine not to exceed $1,000 or imprisonment not to exceed 90 days or by both such fine and imprisonment, if the offender has at least two prior violations of this section. (Ord. 2948 § 7, 2009; Ord. 2840 § 2, 2005).

9.20.220 Remaining after closing hour.

It is unlawful to remain in any park or public facility after the posted closing time. (Ord. 3136 § 1, 2017; Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978).

9.20.225 Park hours.

(1) The hours during which Puyallup city parks will be open to the public are as follows:

October 1st – March 31st	6:00 a.m. – 8:00 p.m. daily
April 1st – September 30th	6:00 a.m. – 10:00 p.m. daily
Provided, however, the following exceptions for the parks listed below:
Clark’s Creek North:
October 1st – February 28th or 29th	6:00 a.m. – 9:00 p.m. daily
March 1st – September 30th	6:00 a.m. – 11:00 p.m. daily
Clark’s Creek South:
Year-Round	Open 6:00 a.m.; close one-half hour after sunset
DeCoursey Park:
Year-Round	Open 6:00 a.m.; close one-half hour after sunset
Wildwood Park Baseball Fields:
March 1st – September 30th	Open 6:00 a.m. – 11:00 p.m. (baseball field)
Puyallup Valley Sports Complex:
Year-Round	5:30 a.m. – 11:00 p.m.
Riverwalk Trail and Veteran’s Park:
Year-Round	Open one-half hour before sunrise; close one-half hour after sunset
Skate Park:
September 1st – June 15th	Sun. – Thur. 7:00 a.m. – 9:00 p.m.
September 1st – June 15th	Fri. and Sat. 8:00 a.m. – 11:00 p.m.
June 16th – August 31st	8:00 a.m. – 11:00 p.m. daily

(2) Puyallup city parks shall be closed to the public at all other times without written authorization from the parks director. (Ord. 3264 § 1, 2022; Ord. 3050 § 2, 2013; Ord. 2885 § 1, 2007; Ord. 2840 § 2, 2005; Ord. 2300 § 1, 1992).

9.20.226 Puyallup City Hall Commons, Pioneer Plaza, and Civic Center.

(1) The Puyallup City Hall Commons and Pioneer Plaza shall be open to the public during those hours listed in PMC 9.20.225, unless designated otherwise in writing by the city manager or designee, or the parks director or designee.

(2) All park rules and the provisions of this chapter, including rules and ordinances which otherwise apply specifically only to parks, shall apply to the Civic Center for the purpose of enforcement, unless otherwise authorized in writing by the city manager or designee, or director in charge of the particular facility or designee or as indicated differently for parking lots in Chapter 10.40 PMC. (Ord. 3153 § 2, 2017; Ord. 3050 § 3, 2013; Ord. 2971 § 1, 2011).

9.20.227 Hours for curtilage of library and Pioneer Park Pavilion.

The curtilage of the Puyallup Public Library and the Pioneer Park Pavilion shall be open to the public during the hours provided for in PMC 9.20.225(1) except as indicated differently for parking lots in Chapter 10.40 PMC. Permission for use during times not listed in PMC 9.20.225(1) must be approved by the city manager or designee, or the parks director or designee pursuant to PMC 9.20.015. All park rules and the provisions of this chapter, including rules and ordinances which otherwise apply specifically only to parks, shall apply to the areas covered by this section for the purpose of enforcement. (Ord. 3153 § 3, 2017; Ord. 3136 § 2, 2017).

9.20.230 Ejection of persons.

Persons engaged in acts of conduct that create a substantial risk of causing injury to a person, or substantial harm to property, or who have engaged in the use or possession of intoxicating liquors or dangerous drugs, or who have engaged in conduct which tends to or does disturb the public peace, provoke disorder, or endanger the safety of others, may be ordered by a law enforcement officer having probable cause to believe that such conduct has occurred to leave any city park. No person who has been ordered to leave a park pursuant to this section shall fail or refuse to leave, or return to the park during any period ordered not to do so by an official with appropriate jurisdiction. (Ord. 2840 § 2, 2005).

9.20.240 Disruption of public facilities.

A person is guilty of disruption of a public facility if he or she enters or remains in a public facility and:

(1) Intentionally interferes with the proper functioning of the public facility by causing a substantial disruption of the public facility or the activities occurring at the public facility; or

(2) Intentionally interferes with the use of the public facility by other members of the public and such interference is caused while the person is using the public facility in a manner other than that for which the public facility was intended. (Ord. 2840 § 2, 2005).

9.20.250 Trespass – City property.

(1) If the city has reasonable grounds to believe that a person has violated an applicable law or rule while such individual is on or within any city or other publicly owned facility, building, or outdoor area, the city manager or designee may prohibit the person from entering or remaining in or upon the real property of the city of Puyallup by issuing a notice of trespass to the person.

(a) A notice of trespass may be issued regardless of whether the person is charged with a crime or issued a civil infraction.

(b) The authority of those designated by the city manager to issue a notice of trespass shall be limited to the building in which the conduct occurs or the curtilage of the building. Law enforcement is authorized to issue a notice of trespass at any location within the city.

(2) A trespass notice should, to the extent possible, contain the following information:

(a) Name, gender, address, date of birth, physical characteristics, and contact information of the person;

(b) A citation to, or description of, the law or rule that was violated;

(d) A summary of the factual basis for issuance of the notice;

(e) The identity of the person who issued the notice; and

(f) A summary of the appeal rights.

(3) A trespass notice that is not based on a crime shall be in effect from the date of issuance and shall have a duration of:

(a) Up to 45 calendar days;

(b) Up to 180 calendar days if the person has been the subject of a prior city-issued notice of trespass within two years; or

(c) Up to 365 calendar days if the person has been subject of two or more prior city-issued notices of trespass within two years.

(4) A trespass notice that is based on a crime shall be in effect from the date of issuance and shall have a duration of:

(a) Up to 365 calendar days;

(b) Up to two years from the date of issuance if the person has been the subject of a prior city-issued notice of trespass within two years; or

(c) Up to five years if the person has been the subject of two or more prior city-issued notices of trespass within two years.

(5) Notwithstanding the foregoing, the city may modify the effective date or extend the duration of a notice of trespass in order to more effectively protect the health, safety or welfare of persons or property. The reasons on which a modification or extension is based shall be memorialized in writing.

(6) For good cause, the city may terminate or reduce the duration of a notice of trespass.

(7) The city manager or designee or the legal department shall promptly review the notice of trespass to determine if reasonable grounds exist establishing that a rule or law was violated. If it is determined that reasonable grounds do not exist establishing that a rule or law was violated the notice of trespass shall be rescinded, and the restrictions imposed thereby annulled.

(8) Nothing herein precludes a court of competent jurisdiction from ordering a person to refrain from entering or remaining in or upon the real property of the city of Puyallup.

(9) The procedure for contesting a city-issued notice of trespass is as follows:

(a) A person who is issued a notice of trespass may contest the notice by filing a request for a hearing with the Puyallup municipal court within 14 calendar days of issuance of the notice, and/or the date on which the city modifies the effective date of the notice or extends the duration of notice.

(b) It shall be the burden of the city to establish by a preponderance of the evidence that reasonable grounds exist that the contesting person violated an applicable law or rule; or when applicable, that the city modified the effective date or extended the duration of the notice of trespass in order to more effectively protect the health, safety or welfare of persons or property.

(c) Absent issuance of subpoenas pursuant to the Civil Rules for Courts of Limited Jurisdiction, the hearing shall occur by motion and affidavit in accordance with the Civil Rules.

(d) All restrictions contained in the notice shall remain in effect during the appeal process.

(10) Notwithstanding other penalty provisions in this chapter, violations of a city-issued notice of trespass shall be subject to and governed by Chapter 9A.52 RCW. (Ord. 3098 § 1, 2015; Ord. 3036 § 1, 2013).

9.20.260 Penalty.

(1) Any person, party, firm, corporation, or other legal entity found in violation of any of the provisions of this chapter shall be fully subject to the civil infraction or civil violation procedures and penalties contained in Chapter 1.02 or 1.03 PMC. Each day or portion of a day during which a violation of this chapter is committed or continued shall constitute a separate offense.

(2) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor, punishable by a fine of a sum not exceeding $1,000 or by imprisonment not exceeding 90 days or by both such fine and imprisonment. Each separate day or portion thereof during which any violation of any adopted code or provision of this code continues shall constitute a separate violation and upon conviction thereof shall be punished as provided in this section.

(3) This section is not applicable and does not modify the penalty provisions stated in PMC 9.20.215 and 9.20.217. (Ord. 2948 § 8, 2009; Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978. Formerly 9.20.230).