Chapter 12.08 COUNTY PARKS AND LAND BANK PROPERTY

This chapter sets out regulations for the public use of San Juan County parks and land bank property. This chapter is declared to be an exercise of the police powers of the County and its provisions shall be liberally construed for the protection of the natural environment, public peace, health, safety and welfare. (Ord. 33-2009 § 2; Ord. 127-1990 § 2. Formerly 9.17.010, 9.17.020)

12.08.020 Definitions.

Unless clearly inconsistent with the context in which used, the following definitions shall apply for this chapter:

“Barge” means a vessel, to be distinguished from freight ferries by their practice of transporting bulk cargoes of single or aggregate materials, which may be piled loose on the deck, and which cargoes require ramp intermediate off-loading procedures.

“Camp” means to remain overnight, to erect a tent or other shelter, or to use sleeping equipment, a vehicle, boat or a trailer camper, for the purpose of or in such a way as will permit remaining overnight, or the establishing, setting up and use of a site or location for cooking and preparation of meals and other related activities.

“Commercial” means of or relating to a business or private enterprise.

“Day use” means any allowed use of a park, including, but not limited to, use of beach or boat ramp, use of restrooms or picnic areas, that does not involve an overnight stay.

“Designee” means any person authorized by the parks director or land bank director to act on his or her behalf to carry out the duties of the park department or land bank, respectively, as provided in this chapter.

“Freight ferry” means a vessel that can be distinguished from barges by its practice of transporting cargoes requiring simple roll-on/roll-off on-loading and off-loading procedures at the ramp.

“Group” means a party consisting of nine or more people who will function as a unit for activities such as hiking, camping, socializing, and/or preparing and eating meals.

“Land bank commission” means the advisory body which assists the land bank director in the management of the land bank and advises the County administrator and County council in the selection of the land bank director.

“Land bank contractor” means a municipal corporation, governmental or private agency, or individual hired by the County to maintain and manage a particular land bank property.

“Land bank director” means the director of the San Juan County land bank or designee.

“Land bank preserve” means property managed by the land bank for public use including easements for trails.

“Land bank property” includes all land bank property whether or not it is open for public use. All land bank preserves are land bank property.

“Nonprofit” means a group consisting of members of a registered not-for-profit organization which may include, but not be limited to, schools, churches, Boy Scout and Girl Scout troops, Camp Fire Boys and Girls, YMCAs, etc.

“Park” means all parks and bodies of water contained therein, drives, trails, beaches, playgrounds, gardens and other park recreation, open space areas, boat ramps and launching facilities, buildings and all other facilities comprising the parks and recreation system of the County.

“Park contractor” means a municipal corporation, governmental or private agency, or individual hired by the County to maintain and manage a particular County park.

“Parks commission” means the parks and recreation commission of the County as created in Chapter 2.40 SJCC.

“Parks director” means the director of the parks and recreation department for the County or his designee.

“Permit” means a written authorization with terms and conditions, issued by the parks director or land bank director, authorizing a specific use of a County park property or land bank preserve.

“Person” means any individual, corporation, association, society, firm, partnership or any branch of state or local government.

“Ramp” means a boat ramp at any County park.

“Reservation” means advance scheduling for a campsite space, room space, or other park area or facility.

Wherever consistent with the context of this chapter, words in the present, past or future tense shall be construed to be interchangeable, words in the singular shall be construed to include the plural, and words in the masculine gender shall apply to the feminine and neuter gender. (Ord. 33-2009 § 3; Ord. 13-2008 § 7; Ord. 28-2007 § 2; Ord. 1-2003 § 1; Ord. 127-1990 § 2. Formerly 9.17.030)

12.08.025 Authority.

All decisions and actions taken pursuant to this chapter by the parks director shall relate solely to the governance of County parks. All decisions and actions taken pursuant to this chapter by the land bank commission or land bank director shall relate solely to the governance of land bank preserves. (Ord. 33-2009 § 4)

12.08.030 Enforcement.

Repealed by Ord. 33-2009. (Ord. 13-2008 § 8; Ord. 14-2000 § 7(BB); Ord. 127-1990 § 2. Formerly 9.17.040)

12.08.035 Fees.

Upon the recommendation of the parks commission or land bank commission, the County council may adopt a fee schedule for the use of park facilities or land bank properties by individuals and groups. The fees may cover such things as camping, group events and special uses. (Ord. 33-2009 § 6)

12.08.040 Permit system.

A. The County administrator may approve or establish a permit system as proposed by the parks commission or land bank commission and may require permits for any commercial, nonprofit group, or other special use of a County park or land bank preserve which permit system will be administered by the parks director or land bank director, respectively. Such permit system may establish the allowed commercial, nonprofit group and other special uses of County parks and land bank preserves.

B. All permits shall be of a temporary nature, shall vest no permanent right and may be revoked upon 30 days’ notice, or, if the permit so states, upon shorter notice. Permits are not transferable. Permits for the use of any boat ramp shall be obtained at least 48 hours (two business days) in advance of the intended use from the director.

C. Permits issued under this chapter may contain conditions to protect park or land bank resources and the health, safety and welfare of the public or the park; to avoid or limit unnecessary interference with other users or uses of the park; to minimize disturbance of the surrounding neighborhood; and to require the user to leave the area used in a condition after the activity as it was beforehand. The parks director shall issue permits including use conditions for park property and the land bank director shall issue permits including use conditions for land bank preserves.

D. It is unlawful to use a park or conduct an activity or hold an event in any park or land bank preserve for which a permit is required by this chapter without first obtaining a permit from the director. (Ord. 33-2009 § 7; Ord. 13-2008 § 9; Ord. 1-2003 § 2; Ord. 127-1990 § 2. Formerly 9.17.050)

12.08.050 Terms and conditions.

Repealed by Ord. 33-2009. (Ord. 13-2008 § 10; Ord. 1-2003 § 3; Ord. 127-1990 § 2. Formerly 9.17.060)

12.08.060 Permit administration and general requirements.

A. Any person who has obtained a permit from the parks director or land bank director must produce and exhibit such permit upon request.

B. No person under the age of 18 may sign for a reservation or obtain a permit under this chapter.

C. The parks director or land bank director reserves the right to cancel a permittee’s activity.

D. All permittees must leave the facility in a condition considered satisfactory to the parks director or land bank director. No group shall conduct activities causing extra custodial work unless previous agreement has been made to pay for such work.

E. At all assemblies of minors under 18 years of age, responsible adults must be present throughout the entire function.

F. A person using facilities by reservation or agreement may be required to protect and save San Juan County, its elected and appointed officials and employees while acting within the scope of their duties as such, harmless from and against all claims, demands, and causes of action of any kind and character, including the cost of defense thereof, arising in favor of the persons, employees, or third parties due to personal injuries, death, or damage to property arising out of the premises, or in any way arising out of the acts or omissions of the person and/or their agents, employees, or representatives. Users of any and all park facilities or areas do so at their own risk. San Juan County assumes no liability or responsibility due to accidents or injury through authorized or unauthorized use of park facilities or land bank preserves. (Ord. 33-2009 § 9; Ord. 13-2008 § 11; Ord. 1-2003 § 4)

12.08.070 Park and land bank contractors.

A. Individual parks or land bank preserves may be managed and/or maintained by a contractor. The land bank or parks department contractor shall operate and maintain the park in accordance with the rules in this chapter and the terms of a written contract with the County for operation and maintenance. A park or land bank contractor may act as a designee of the director only as set out in the contract and specifically provided for by this chapter.

B. All contracts with private contractors to manage a County park or land bank preserve shall be approved by the County administrator upon the recommendation of the parks and recreation commission or land bank commission. (Ord. 33-2009 § 10; Ord. 13-2008 § 23; Ord. 28-2007 § 6)

Article II. Property Regulations

12.08.090 General regulations.

A. Use of trails in parks or land bank preserves shall be limited to pedestrians unless otherwise posted.

B. There shall be no hunting in parks or land bank preserves unless otherwise posted.

C. All visitors to parks and land bank preserves shall comply with this chapter and any limitations on use or directives posted on signs erected by the County. (Ord. 33-2009 § 11)

12.08.100 Posting signs, posters and notices.

Except as authorized by the parks director or land bank director, it is unlawful to use, place or erect any signboard, sign, billboard, post, pole or device of any kind for advertising or notification in any park, or land bank property; or to attach any notice, bill, poster, sign or card to any tree, shrub, post, railing or structure within any park or land bank property. (Ord. 33-2009 § 12; Ord. 13-2008 § 12; Ord. 127-1990 § 2. Formerly 9.18.010)

12.08.110 Rescission of privilege.

A. The parks director or land bank director may order anyone to leave the premises of a park or land bank property if he or she has reasonable grounds to believe that an individual has:

1. Caused injury to another or created a substantial risk of injury to another; or

2. Caused damage to property of the County, the park, land bank property or the property of another or created a substantial risk of such damage. Damage shall include the actions described in SJCC 12.08.120(B).

3. Fails to abide by ordinance and park rules.

Upon such an order being given, the recipient shall no longer be invited, licensed or privileged to remain on the premises of the park or land bank property from which he or she was ordered to leave. A person who has been ordered to leave the park or land bank property by the parks director or land bank director shall not reenter the premises of that park, from which he or she was ordered to leave, for a period of 24 hours thereafter. (Ord. 33-2009 § 13; Ord. 13-2008 § 13; Ord. 28-2007 § 3; Ord. 127-1990 § 2. Formerly 9.18.020)

12.08.120 No trespass areas – Removal or destruction of property.

A. It is unlawful for any person except a duly authorized County employee, contractor, volunteer or designee in the performance of his or her duties, or other person authorized by law, to enter or to go upon any area that has been designated or posted by the parks director or land bank director as a “no admittance,” “closed” or “no trespassing” area.

B. It is unlawful for any person except a duly authorized County employee, contractor, volunteer or designee in the performance of his or her duties to remove, destroy, mutilate or deface any structure, monument, statue, fence, bench, plant, geological formation, historical or archeological object, gate, barricade, lock or other property lawfully in any park, or to remove sand, soil, sod, driftwood or other natural features from any park or land bank property.

C. It is unlawful to leave a boat overnight on land bank or park property except by permission of the land bank director or parks director. (Ord. 33-2009 § 14; Ord. 13-2008 § 14; Ord. 28-2007 § 4; Ord. 127-1990 § 2. Formerly 9.18.040)

12.08.130 Restrictions on hours of use.

A. Parks.

1. It is unlawful to stand, park, drive, ride in or on any motor vehicle or animal in any park between the hours of 10:30 p.m. and 6:30 a.m.; provided, that the parks director, by rule, may further restrict such hours upon a finding that such restricted hours are reasonably necessary to protect public safety, welfare or park property. Hours established by rule shall take effect as soon as the rule has been approved by the County administrator and one or more signs have been posted on park entrances informing the public as to the restricted hours.

2. It is unlawful to leave a vehicle unattended in any park between the hours of 10:30 p.m. and 6:30 a.m. except in designated campsites or in parking areas with the consent of the parks director. Unattended vehicles parked in violation of this section are subject to impoundment pursuant to law.

3. Campers arriving or leaving parks at other hours must enter or exit and conduct themselves quietly and not disturb other campers, neighbors or County staff.

B. Land Bank.

1. It is unlawful to stand, park, drive, ride in or on any motor vehicle or animal in a land bank preserve other than the hours between dawn and dusk.

2. It is unlawful to leave a vehicle unattended in a land bank preserve after dusk and before dawn, except with the consent of the land bank director. Unattended vehicles parked in violation of this section are subject to impoundment pursuant to law. (Ord. 33-2009 § 15; Ord. 13-2008 § 15; Ord. 127-1990 § 2. Formerly 9.18.050)

12.08.140 Littering, garbage disposal.

A. It is unlawful to throw or deposit any refuse or other material in any park or land bank property, except in designated receptacles; or to take garbage or refuse to a park or preserve for disposal in the park or preserve.

B. It is unlawful to deposit garbage, trash, grease, oil, fuel, debris or other liquid or solid material in the water areas of any park or land bank property or on the dock or floats except into containers provided for that purpose. (Ord. 33-2009 § 16; Ord. 127-1990 § 2. Formerly 9.18.160)

12.08.150 Fires.

A. Except with the permission of the land bank director it is unlawful to:

1. Ignite or maintain any fire or to participate in igniting, maintaining or using any fire on land bank property.

B. Except with the permission of the parks director it is unlawful to:

1. Ignite or maintain any fire or to participate in any igniting, maintaining or using any fire within any park except within designated areas such as a fire stove or fire ring; or

2. Ignite in any stove or fire ring any household rubbish or other materials banned for outdoor burning by air pollution control regulations; or

3. Ignite or maintain any fire during any stage of a fire alert or when prohibited by the parks director; or

4. Ignite or maintain any fire within a park between the hours of 10:30 p.m. and 6:30 a.m. (Ord. 33-2009 § 17; Ord. 13-2008 § 16; Ord. 127-1990 § 2. Formerly 9.18.170)

12.08.160 Camping.

A. It is unlawful to camp on any land bank property.

B. It is unlawful to camp in any park except at places set aside and posted for such purpose by the director. Persons under 18 years of age must be accompanied by an adult for overnight camping privileges. (Ord. 33-2009 § 18; Ord. 13-2008 § 17; Ord. 127-1990 § 2. Formerly 9.18.180)

12.08.170 Nonpayment of fees.

It is unlawful for any person to fail to pay County-authorized fees for the use of parks or land bank preserves. This includes all uses of any kind of which the County has adopted a fee schedule. (Ord. 33-2009 § 19; Ord. 127-1990 § 2. Formerly 9.18.170)

12.08.180 Sound amplifying devices.

Except as authorized by the parks director or land bank director for specific events and times or except as necessary for public health and safety, it is unlawful to use any public address system, loudspeaker, vehicle horn, megaphone or other sound amplifying device for the purpose of open-air communication, except as necessary and permitted to direct commercial vehicle loading. (Ord. 33-2009 § 20; Ord. 13-2008 § 18; Ord. 28-2007 § 5; Ord. 127-1990 § 2. Formerly 9.18.200)

12.08.190 Discrimination prohibited.

It is the policy of the County, in the exercise of its police powers for the protection of the public health, safety and general welfare, and for the maintenance of peace and good government, to assure equal opportunity for full enjoyment and use of park facilities and land bank preserves to all persons, free from restrictions because of race, color, sex, marital status, sexual orientation, political ideology, age, creed, religion, ancestry, national origin, residence or the presence of any sensory, mental or physical handicaps. (Ord. 33-2009 § 21; Ord. 127-1990 § 2. Formerly 9.18.210)

12.08.200 Permits.

Repealed by Ord. 33-2009. (Ord. 13-2008 § 19; Ord. 127-1990 § 2. Formerly 9.18.220)

12.08.210 Traffic control.

Within parks or land bank preserves it is unlawful to:

A. Disobey any posted traffic control sign in a park.

B. Travel or move in or on a motorized vehicle off the paved or graveled roadway and designated parking areas within a park, and to disturb vegetation of any kind.

C. Pass any vehicle in a park, while driving a motor vehicle, by means of leaving the paved or graveled portion of the roadway or designated parking area.

D. Travel in or on a heavy equipment vehicle such as those that move on revolving crawler tracks instead of rubber tires, or any other vehicle not intended for operations on surfaced roadways, in any park, either on or off the paved or graveled portion of a roadway, or designated parking area unless authorized by the land bank director or parks director.

E. Operate a motor vehicle in excess of 10 miles per hour or the otherwise posted speed limits. Drivers must, at all times, drive at a speed that is safe for the current conditions and have due regard for pedestrians and wildlife.

F. Operate any motor vehicle on a trail 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 County park or land bank preserve except on roads, streets, parking lots or parking area; provided, that traveling upon such roads, streets, parking lots or parking areas has not been prohibited by a posted sign or physical barrier such as a gate. (Ord. 33-2009 § 23; Ord. 127-1990 § 2. Formerly 9.18.230)

12.08.215 Concessions.

A. San Juan County reserves all concession rights in County parks. Groups and organizations may sell or arrange for concessionaire sales; provided, that arrangements and fees to the department are agreed upon in a written contract in advance of the event.

B. No concessions are allowed on land bank property. (Ord. 33-2009 § 24)

12.08.220 Animals running at large.

It is unlawful for any person to allow any dog or pet to run at large in any park, or land bank preserve, and all such animals must be on a leash no greater than 10 feet in length. Any person with a dog or other pet in his or her possession or under his or her control in any park or land bank preserve shall be responsible for the conduct of the animal, shall carry equipment for removing feces, and shall place feces deposited by such animal in an appropriate receptacle. It is unlawful to allow dogs to be present on land bank property not open for public use. (Ord. 33-2009 § 25; Ord. 127-1990 § 2. Formerly 9.18.240)

Article III. Regulations for Specific Parks and Recreation Areas

12.08.250 Boat ramp use regulations in County parks.

A. Permit Required.

1. A permit as described in SJCC 12.08.040 for the use of boat ramps within County parks shall be obtained at least 48 hours in advance of the intended use from the director for all commercial use of the ramp during hours which permit commercial activity. Under special circumstances, the parks director or his or her authorized representative may waive the 48-hour notice requirement and/or authorize commercial use during times other than those times specified on the permit under special circumstances. No permit is required for noncommercial use.

2. Every permit shall contain a list of the restrictions for the use of the ramp as set forth in subsection (D) of this section and shall require that all commercial users of the ramp acknowledge possession of insurance coverage for such activities. The permit holder will be further required to hold the County harmless from any and all actions or claims resulting from ramp use, as set forth in SJCC 12.08.060. No permit is required for recreational use of the ramp.

B. Hours of Permitted Ramp Use. Commercial activity on ramps is restricted to nonholiday weekdays throughout the year between the hours of 7:00 a.m. and 7:00 p.m.

C. Peak Season Commercial Barge Use. The ramp will remain closed to commercial barge operations during the County park’s peak-use season, or May 15th until September 15th. Exceptions may be made through the variance procedure set forth in SJCC 12.08.320.

D. Restrictions on Ramp Use.

1. It is unlawful to use the ramp for any commercial purpose other than the practices and procedures of on-loading and off-loading freight ferries and barges. It is unlawful to conduct on-loading of freight ferries and barges at any place within a park other than at the ramp proper. Off-loading shall take place on ferries and barges only.

2. It is unlawful to use any park property for a staging area for inter-island commercial operations. It is unlawful to leave materials and vehicles related to any commercial operations unattended in the parks between the departure time and the subsequent return time of any freight ferry or barge.

3. It is unlawful to reserve or retain use of the ramp by means of parking or mooring, or to obstruct the ramp and dock access road with commercial vehicles and materials prior to on-loading of freight ferries and barges. It is further unlawful for freight ferries, barges and tug boats to occupy the ramp unnecessarily prior to or after on- or off-loading.

4. It is unlawful to operate heavy equipment vehicles, such as those that move on revolving crawler tracks instead of rubber tires, or any other vehicle not intended for operations on surfaced roadways on any portion of the park other than on the ramp proper. Vehicles of this type shall enter and exit the park by trailer only.

5. It is unlawful to conduct ramp operations in an unnecessarily noisy or boisterous manner or to leave vehicle engines running while waiting for transport. Operation of chainsaws, compressors, generators, pumps or other loud equipment shall require the express permission of the director.

6. It is unlawful for commercial operations to occupy the ramp to the indefinite exclusion of recreational use. Commercial activity shall stop, and the ramp shall be yielded at intervals of not more than 60 minutes when recreational users are waiting to launch or haul out boats.

7. It is unlawful to clear beach sand, flotsam, etc., from the ramp in anticipation or in preparation for commercial use of the ramp by leaving or dumping such materials in piles above the mean high water line or by dumping on breaker logs, beach vegetation or in lawn areas. In all such clearing operations, the ramp user shall evenly distribute this material over the immediate beach area in a direction perpendicular to the ramp. (Ord. 33-2009 § 26; Ord. 13-2008 § 20; Ord. 127-1990 § 2. Formerly 9.19.010)

Article IV. Violations, Penalty and Enforcement

12.08.300 Violation – Penalty.

Every offense defined in this chapter and made unlawful constitutes a Class 1 civil infraction and shall be punished by a fine no greater than provided in RCW 7.80.120(a). No act that is a crime under state law shall be prosecuted as a civil infraction pursuant to this chapter. Such crimes shall be prosecuted pursuant to the laws of the state of Washington. (Ord. 33-2009 § 27; Ord. 127-1990 § 2. Formerly 9.19A.010)

12.08.310 Appeals.

Any person aggrieved by a decision made by the parks director or land bank director may appeal in writing to the parks commission or land bank commission, respectively, whose decision shall be final. (Ord. 33-2009 § 28; Ord. 13-2008 § 21; Ord. 127-1990 § 2. Formerly 9.19A.020)

12.08.320 Variances or exceptions.

The parks and recreation commission or land bank commission may grant a variance from or exception to the regulations contained in this chapter. Approval for a variance or exception will be at the discretion of the parks commission or the land bank commission and will be given only in those instances where the applicant can show that neither the public peace, health, safety, welfare or the natural environment will be adversely affected. Any request for a variance shall be heard at a regular meeting of the parks or land bank commission. (Ord. 33-2009 § 29; Ord. 13-2008 § 22; Ord. 127-1990 § 2. Formerly 9.19A.030)