Chapter 12.36
CITY PARKS, RECREATIONAL VEHICLE FACILITIES AND COMMUNITY CENTER
Sections:
12.36.010 City parks and facilities—General regulations.
12.36.015 Sedro-Woolley school district.
12.36.020 Recreational vehicle facilities, covered areas and athletic fields.
12.36.025 Fee waivers for city-owned facilities.
12.36.030 Community center facility.
12.36.050 Amphitheatre at Riverfront Park.
12.36.060 Use of amphitheatre rental revenue.
12.36.070 Conditions of use for city parks and facilities (“premises”).
12.36.080 Orders of exclusion.
12.36.090 Sedro-Woolley senior center building.
12.36.095 Use of senior center building rental revenue.
12.36.010 City parks and facilities—General regulations.
The following regulations shall apply to the use of city parks and facilities (“premises”):
A. No person shall possess, display or consume any alcoholic beverages or intoxicating liquors while in any city park unless with a valid liquor permit.
B. No person shall throw, drop, deposit, discard or otherwise dispose of litter in any city park except in a designated litter container.
C. No person shall permit an animal in a city park except when contained by a leash, and animal waste must be picked up and properly disposed; provided, that the leash requirement in this subsection does not apply to dogs within the fenced perimeter of the S-W Bark Park when the dog is attended and under the control of the owner or of an authorized person over twelve years of age.
The mayor is authorized to promulgate rules and regulations for the use of the S-W Bark Park; the same shall be posted at the S-W Bark Park.
D. No person shall enter the Skagit River from Riverfront Park, except when launching boats from the boat ramp, nor otherwise cross over the fence at the Riverfront Park.
E. No person shall remove or relocate any tables, garbage cans, or other equipment in any city park.
F. No person shall operate or park a vehicle in any city park except in designated traffic and parking areas, and in conformance with posted traffic regulations.
G. No person shall use city park facilities without prior payment when such payment is required by ordinance.
H. No person shall commit any felony while on the premises.
I. No person shall commit any violation of the Sedro-Woolley Municipal Code while on the premises.
J. All persons shall comply with any departmental rule or regulation for use of the premises.
K. No person shall use profane and/or inappropriate language that is likely to offend, intimidate, harass, discriminate against or inflame others.
L. No person shall conduct himself/herself in a manner that unreasonably interferes with the use and enjoyment of the premises by other members of the public or the work environment of city staff.
M. No person shall either cause damage to or act in a manner likely to cause damage to city property or the property of any other person.
N. Foreign objects, including but not limited to ramps and rails, are not allowed in the skate park and will be removed and discarded without notice.
O. Bicycles are prohibited in the skate park at all times and are subject to impound for a period of time not to exceed thirty days.
P. The skate park is closed to any and all users from ten p.m. to eight a.m. from June 1st to October 15th and Fridays and Saturdays all year round. From October 16th to May 31st, the skate park is closed from eight p.m. to eight a.m., Sunday through Thursday. There is no trespassing allowed during these hours. (Ord. 1905-18 § 1, 2018; Ord. 1752-12 § 1, 2012: Ord. 1666-10 § 1 (Appx. A) (part), 2010: Ord. 1615-08 §§ 2, 3, 2008; Ord. 1126 § 1, 1993)
12.36.015 Sedro-Woolley school district.
Upon approval by the city council, the city may enter into an interlocal agreement with the Sedro-Woolley school district that would govern the district’s use of city-owned facilities without regard to the rules and fees in this chapter. (Ord. 1588-07 § 3, 2007)
12.36.020 Recreational vehicle facilities, covered areas and athletic fields.
In addition to the rules that shall apply to the use of city parks, the following regulations shall apply to the use of recreational vehicle facilities and covered areas and shelters, and athletic fields:
A. Length of Stay. No person shall use the Riverfront Park recreational vehicle facility more than five consecutive days. No person shall use the Bingham Park recreational vehicle facility more than five consecutive days. No person shall leave a recreational vehicle unattended for longer than forty-eight hours. Extension of time limit is subject to availability. The city reserves the right to remove unattended vehicles during times of flood or other natural disaster at the owner’s expense. The city reserves the right to deny usage to any person. The Riverfront Park recreational vehicle facility is closed seasonally to minimize risk during flood season. Closure dates are established by the public works operations division supervisor annually.
B. Recreational Vehicle Park Fees.
1. A fee of the amount listed in the master fee schedule adopted by resolution of the city council per night shall be charged in advance for each space rented that does not have full sewer hook-ups.
2. A fee of the amount listed in the master fee schedule adopted by resolution of the city council per night shall be charged in advance for each space rented that has full sewer hook-ups.
C. Athletic field user fees are listed in the master fee schedule adopted by resolution of the city council.
D. Reservations.
1. For purposes of this section, “resident” and “all others” are defined in Section 12.36.030(C)(3)(b) and (c).
2. Reservations for the Riverfront Park recreational vehicle facility may be made up to one year in advance at City Hall. Ten spaces will be designated available for reservation. These spaces may be reserved by paying a nonrefundable administrative fee of the amount listed in the master fee schedule adopted by resolution of the city council plus the daily fee established in subsection B of this section for the period being reserved at the time the reservation is made.
3. The large covered eating area at the Riverfront Park may be reserved by paying a fee at the time the reservation is made as follows: for residents, the amount listed in the master fee schedule adopted by resolution of the city council; and for all others, the amount listed in the master fee schedule.
4. The small covered eating area at the Riverfront Park may be reserved by paying a fee at the time the reservation is made as follows: for residents, the amount listed in the master fee schedule adopted by resolution of the city council; and for all others, the amount listed in the master fee schedule.
5. The Memorial Park shelter may be reserved by paying a fee at the time the reservation is made as follows: for residents, the amount listed in the master fee schedule adopted by resolution of the city council; and for all others, the amount listed in the master fee schedule.
6. The Bingham Park shelter may be reserved by paying a fee at the time the reservation is made as follows: for residents, the amount listed in the master fee schedule adopted by resolution of the city council; and for all others, the amount listed in the master fee schedule.
7. The Hammer Heritage Square may be reserved by paying a fee at the time the reservation is made as follows: for residents, the amount listed in the master fee schedule adopted by resolution of the city council; and for all others, the amount listed in the master fee schedule, except that the city council may authorize the use of this facility free of charge to the Sedro-Woolley Farmers Market on an annual basis.
8. If the reservation for park facilities is not canceled at least sixty days before the reservation date, it will not be refunded without approval of the mayor, or his/her designee. If the covered eating area is not reserved, it is available to the public without charge on a first-come, first-served basis. Reservations may be made at the city clerk’s office. (Ord. 2013-22 § 31, 2022; Ord. 1976-21 § 1, 2021; Ord. 1857-16 § 1, 2016; Ord. 1796-14 §§ 1, 2, 2014; Ord. 1643-09 § 1, 2009; Ord. 1596-07 §§ 1, 2, 2007; Ord. 1566-07 § 1, 2007; Ord. 1403-01 § 1, 2001: Ord. 1396-00 § 1, 2000: Ord. 1347-99 § 1, 1999: Ord. 1258-96 § 1, 1996: Ord. 1202 § 1, 1994: Ord. 1126 § 2, 1993)
12.36.025 Fee waivers for city-owned facilities.
City facilities may be utilized free of any charge for rental or utilities by the city of Sedro-Woolley any city use and for certain community events sponsored by and authorized by the council including the following events: Founders’ Day, Loggerodeo (includes 4th of July), City of Lights Festival, and Thanksgiving. Additional events may be authorized at the discretion of the council. (Ord. 1588-07 § 1, 2007)
12.36.030 Community center facility.
In addition to the rules that shall apply to the use of city parks, the following regulations shall apply to the use of the city-owned community center:
A. Permitted Uses. The community center will be used for social functions such as parties, class reunions, wedding receptions and other similar activities. No retail sales or other profit-making activities shall be permitted unless they are carried out by a nonprofit organization. This organization must show proof that it has nonprofit status. Any activity not mentioned above will require city council approval. The city reserves the right to deny usage to any person or organization.
B. Reservations. The community center and buildings may be reserved for the periodic and temporary use of the residents and groups within the city. Reservations must be made in person at the city finance director’s office, where a calendar of such reservations will be maintained. Reservations may be made up to one year in advance of the reserved date.
C. Rental Fees. Rental fees for the use of the community center are listed in the master fee schedule adopted by resolution of the city council.
If alcoholic beverages, live music, or dancing are to be provided at the community center, the fees will be as listed in the master fee schedule adopted by resolution of the city council.
Rental fees must be paid at the time the reservation is made. If the reservation is not canceled at least sixty days before the reservation date, it will not be refunded.
1. Payment in Kind. Upon the prior approval of the city council, the city may accept rental payments from community groups through in-kind contributions to the city including, but not limited to, improvements to the community center or other city-owned facilities. This section is intended, for example, to allow the Sedro-Woolley Rotary Club to establish a rental credit in the amount of the value of an improvement to a city-owned facility.
2. Community Group Eligibility. To be eligible to receive the rates for community groups (rate table in subsection C of this section), the person, group or organization must submit a request to and receive approval from the mayor or designee. To approve the reduced rate, the mayor or designee shall find that the group meets the definition of a community group and that the event provides a benefit to the citizens of the city of Sedro-Woolley. Such decision shall be final.
3. Definitions.
a. “Community groups” means those civic organizations located within the city of Sedro-Woolley.
b. “Resident” means a person who resides within the corporate limits of the city of Sedro-Woolley, a property owner as shown on the Skagit County assessor’s rolls who owns real estate within the corporate limits of the city of Sedro-Woolley or a business that includes a permanent physical location within the corporate limits of the city of Sedro-Woolley.
c. “All others” means any person, group or organization that does not categorically fall into any other definition herein.
D. Time Limits. Persons or groups using the community center must be out of the premises as follows:
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Sunday through Thursday |
11:00 p.m. |
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Friday through Sunday |
12:00 midnight |
E. Security Deposit. After use of the community center, it must be cleaned up and restored to the city in the same condition as found by the user. The person renting the reservation shall be liable for any cost of cleanup and repair of damage. A security deposit must be paid no less than three days prior to the event, in the amount of the greater of:
1. If alcohol is served or permitted, the amount listed in the master fee schedule adopted by resolution of the city council;
2. If dancing or live music is permitted, the amount listed in the master fee schedule adopted by resolution of the city council;
3. If the audio/visual equipment is rented, the amount listed in the master fee schedule adopted by resolution of the city council; or
4. If alcohol, dancing and music are not permitted, the amount listed in the master fee schedule adopted by resolution of the city council.
This deposit may be in the form of cash. All or a portion of this deposit may be retained if the premises are not cleaned and restored to their original condition or if there is any damage to the premises, furnishings, exterior premises, or equipment including but not limited to the audio/visual equipment. This remedy is cumulative, and in addition to any other remedy or cause of action provided by law or agreement. Each group shall have the use of the community center as long as they conduct their activities in a lawful manner either inside or outside the building, so as to not interfere with neighboring property owners. The city shall have the right to revoke all privileges if warranted by complaints of excessive noise or any other valid complaint. Complaints against any user of the community center or violation of any city ordinance shall be grounds for forfeiture of privileges and forfeiture of security and damage deposit.
Renter is responsible for leaving the facility in clean, broom-swept condition, with garbage removed as indicated in the rental agreement. Any required cleaning, as determined by the city, shall be charged to the renter in the amount listed in the master fee schedule adopted by resolution of the city council per hour.
F. Key. All community center keys shall be returned no later than noon of the next working day following its use. Any user not returning a key will be charged the actual cost of rekeying the building and replacing all keys.
G. Security/Facility Monitor.
1. For any event in which alcoholic beverages, live music or dancing is to be allowed or provided, the user must pay an additional fee of the amount listed in the master fee schedule adopted by resolution of the city council for each hour of use (minimum of four hours); includes all time from setup to cleaning. This fee shall be paid to the city at least three days prior to the event, based upon the anticipated hours of use as determined by the mayor or designee, and will not be refunded once the use commences. Additional charges for use beyond the amount paid for in advance will be assessed at a rate of the amount listed in the master fee schedule per hour; no refunds will be given for use that is less than the amount paid for in advance.
2. The mayor may, in his/her reasonable discretion, require the user to pay an additional fee equal to the hourly cost of overtime pay plus benefits and assessments for two police officers, for each hour of anticipated use (for a minimum of four hours each), as determined by the mayor or his designee. This fee shall be paid to the city at least three days prior to the event, and will not be refunded once the use commences, regardless of the actual hours of use.
3. The police chief or designee and the facility monitor shall have the authority to terminate use privileges at any time for good cause. “Good cause” shall include the existence of any condition which threatens the safety of life or property. In such event, no portion of the fee shall be refunded. Any user whose privileges are terminated under this provision shall be barred from renting the facility for a period of ten years following the termination.
H. Additional Rules and Regulations. In addition to the foregoing, the mayor or his/her designee may make additional rules and regulations for the use of the community center, and incorporate the same into the agreement to be signed by the user.
I. Annual Users. For those users who are otherwise qualified to use the community center and use the facility on a recurring basis of at least three times per month, each month of the year, the rental fee shall be the amount listed in the master fee schedule adopted by resolution of the city council per use. All other rules and conditions shall apply to annual users.
J. Consecutive Days. For those users who rent the community center for more than one day per use, the rental fee for each additional consecutive day beyond the first day shall be the amount listed in the master fee schedule adopted by resolution of the city council less than the rates in this chapter.
K. Audio/Visual Equipment. An additional fee of the amount listed in the master fee schedule adopted by resolution of the city council is charged for the use of the community center audio/visual equipment.
L. Storage Closet. An additional fee of the amount listed in the master fee schedule adopted by resolution of the city council is charged for the rental of the community center storage closet. Only organizations with long-term facility use agreements are eligible to rent storage closets. (Ord. 2038-23 § 1, 2023; Ord. 2013-22 § 32, 2022; Ord. 1740-12 §§ 1, 2, 2012; Ord. 1732-12 § 1, 2012; Ord. 1719-11 § 1, 2011; Ord. 1710-11 § 1, 2011: Ord. 1701-11 § 1, 2011: Ord. 1588-07 §§ 2, 4, 2007; Ord. 1432-02 § 1, 2002: Ord. 1303-98 § 1, 1998: Ord. 1189 § 1, 1993: Ord. 1126 § 3, 1993)
12.36.035 Regulations for golf course.
Repealed by Ord. 1643-09. (Ord. 1596-07 § 3, 2007; Ord. 1566-07 § 2, 2007; Ord. 1549-06 § 1, 2006)
12.36.040 Penalties.
Any person convicted of a violation of Section 12.36.010 shall be punished by a fine not to exceed the amount listed in the master fee schedule adopted by resolution of the city council, or by imprisonment for a period not to exceed ninety days, or by both such fine and imprisonment. (Ord. 2013-22 § 33, 2022; Ord. 1126 § 4, 1993)
12.36.050 Amphitheater at Riverfront Park.
In addition to the rules that shall apply to the use of city parks, the following regulations shall apply to the use of the amphitheater at Riverfront Park:
A. Reservations.
1. Nonprofit, City-Sanctioned Festivals and Private Uses. Reservations for the amphitheater at Riverfront Park may be made up to one year in advance at City Hall by paying a fee at the time the reservation is made as follows: for residents the amount listed in the master fee schedule adopted by resolution of the city council, and for all others, the amount listed in the master fee schedule. This fee includes the use of the large shelter. If the reservation is not canceled at least sixty days before the reservation date, it will not be refunded without approval of the mayor, or his/her designee. If the amphitheater is not reserved, it is available to the public without charge on a first-come, first-served basis; provided, that no power shall be supplied and no sound amplification may be used.
2. Events Staged for Profit or Not Listed in Subsection (A)(1) of This Section. Reservations for the amphitheater at Riverfront Park may be made up to one year in advance by application to the city council for a special events permit. The finance department is delegated authority to develop a special events permit application form and process. The fee for a special events permit shall be listed in the master fee schedule adopted by resolution of the city council, and is nonrefundable and payable at the time of the application. In making its decision, the city council will consider the information in the application, the impact the event may have on the community, Riverfront Park and its other users, risks associated with the event and benefits to the community. It is the intent of the council to make the amphitheater available to users in this category on a very limited basis when those users will provide opportunities for arts and entertainment that would not otherwise be available to the Sedro-Woolley community. Upon approval from the city council, the applicant must pay a rental fee as follows: for residents, the amount listed in the master fee schedule and for all others, the amount listed in the master fee schedule. This fee includes the use of the large shelter. This fee is nonrefundable. Decisions of the city council are final.
B. Noise. Use of this facility is subject to the city’s public disturbance noise ordinance, Chapter 9.46, including the provision allowing for the issuance of a permit for weddings, receptions, parties, musicals, theatrical performances or other similar events. It is the express intent of the city council to allow for the use of the amphitheater while also allowing the general public to continue to use and enjoy the park and to not unreasonably disturb the residential neighbors.
C. Security/Facility Monitor.
1. For any event in which alcoholic beverages, live music or dancing are to be allowed or provided, the user must pay an additional fee of the amount listed in the master fee schedule adopted by resolution of the city council for each hour of use (minimum of four hours); includes all time from setup to cleaning. This fee shall be paid to the city at least three days prior to the event, based upon the anticipated hours of use as determined by the mayor or designee and will not be refunded once the use commences. Additional charges for use beyond the amount paid for in advance will be assessed at a rate of the amount listed in the master fee schedule per hour; no refunds will be given for use that is less than the amount paid for in advance.
2. The mayor may, in his/her reasonable discretion, require the user to pay an additional fee equal to the hourly cost of overtime pay plus benefits and assessments for a number of police officers, for each hour of anticipated use (for a minimum of four hours each), as determined by the mayor or his designee. This fee shall be paid to the city at least three days prior to the event, and will not be refunded once the use commences, regardless of the actual hours of use.
3. The police chief or designee and the facility monitor shall have the authority to terminate use privileges at any time for good cause. “Good cause” shall include the existence of any condition which threatens the safety of life or property. In such event, no portion of the fee shall be refunded. Any user whose privileges are terminated under this provision shall be barred from renting the facility for a period of ten years following the termination.
D. Additional Rules and Regulations. In addition to the foregoing, the mayor or his/her designee may make additional rules and regulations for the use of the amphitheater, and incorporate the same into the agreement to be signed by the user. (Ord. 2013-22 § 34, 2022; Ord. 1652-09 § 1, 2009)
12.36.060 Use of amphitheatre rental revenue.
Fifty percent of the revenue generated from the rental of the amphitheatre shall be deposited into the city’s facilities maintenance reserve fund (Fund 303). (Ord. 1652-09 § 3, 2009)
12.36.070 Conditions of use for city parks and facilities (“premises”).
In addition to the general regulations adopted in Section 12.36.010, the mayor is authorized to establish conditions of use for city premises and shall post those conditions in a manner calculated to give notice to members of the public. (Ord. 1666-10 § 1 (Appx. A) (part), 2010)
12.36.080 Orders of exclusion.
The mayor or designee is authorized to exclude members of the public from city premises for alleged violations of those conditions of use for a maximum of one hundred eighty days. Any person who has been served with an exclusion notice is subject to arrest for criminal trespass under Chapter 9.54.
The mayor is authorized to promulgate rules and regulations to effectuate this section and shall include in those rules and regulations a process for review of exclusion notices by the Sedro-Woolley municipal court. (Ord. 1666-10 § 1 (Appx. A) (part), 2010)
12.36.090 Sedro-Woolley senior center building.
In addition to the rules that shall apply to the use of city parks, the following regulations shall apply to the use of the Sedro-Woolley senior center building:
A. Permitted Uses. The Sedro-Woolley senior center building will be primarily used for the operation of the Sedro-Woolley senior center and related senior-oriented functions. Private parties, residents and community groups may rent portions of the Sedro-Woolley senior center building for community meetings, classes and other similar activities on a space-available basis and upon approval of the senior center coordinator. No retail sales shall be permitted. No alcoholic beverages shall be permitted. The kitchen facility is not available for rental use. Any activity not mentioned above will require city council approval. The city reserves the right to deny usage to any person or organization.
B. Reservations. The Sedro-Woolley senior center building may be reserved for the periodic and temporary use of the residents and groups within the city. Reservations must be made in person at the city finance director’s office, where a calendar of such reservations will be maintained. Reservations may be made up to one year in advance of the reserved date. No reservation shall be made without first coordinating with and receiving the written approval of the senior center coordinator. In most cases, reservations will be allowed for rental periods of less than a full day; the reservation shall indicate the approved rental period, which is not to exceed eighteen hours.
C. Rental Fees. Rental fees for the use of the Sedro-Woolley senior center building are listed in the master fee schedule adopted by resolution of the city council.
Rental fees must be paid at the time the reservation is made. If the reservation is not canceled at least sixty days before the reservation date, it will not be refunded.
1. Payment in Kind. Upon the prior approval of the city council, the city may accept rental payments from community groups through in-kind contributions to the city including, but not limited to, improvements to city-owned facilities. This section is intended, for example, to allow the Sedro-Woolley Rotary Club to establish a rental credit in the amount of the value of an improvement to a city-owned facility.
2. Community Group Eligibility. To be eligible to receive the rates for community groups, the person, group or organization must submit a request to and receive approval from the mayor or designee. To approve the reduced rate, the mayor or designee shall find that the group meets the definition of a community group and that the event provides a benefit to the citizens of the city of Sedro-Woolley. Such decision shall be final.
3. Definitions.
a. “Community groups” means those civic organizations located within the city of Sedro-Woolley.
b. “Resident” means a person who resides within the corporate limits of the city of Sedro-Woolley, a property owner as shown on the Skagit County assessor’s rolls who owns real estate within the corporate limits of the city of Sedro-Woolley or a business that includes a permanent physical location within the corporate limits of the city of Sedro-Woolley.
c. “All others” means any person, group or organization that does not categorically fall into any other definition herein.
D. Security Deposit. After use of the Sedro-Woolley senior center building, it must be cleaned up and restored to the city in the same condition as found by the user. The person renting the facility shall be liable for any cost of cleanup and repair. A security deposit must be paid no less than three days prior to the event, in the sum of the amount listed in the master fee schedule adopted by resolution of the city council.
This deposit may be in the form of cash. All or a portion of this deposit may be retained if the premises are not cleaned and restored to its original condition or if there is any damage to the premises, furnishings, or exterior premises. This remedy is cumulative, and in addition to any other remedy or cause of action provided by law or agreement. Each group shall have the use of the Sedro-Woolley senior center building as long as it conducts its activities in a lawful manner either inside or outside the building, so as to not interfere with neighboring property owners. The city shall have the right to revoke all privileges if warranted by complaints of excessive noise or any other valid complaint. Complaints against any user of the facility or violation of any city ordinance shall be grounds for forfeiture of privileges and forfeiture of security and damage deposit.
E. Key. All facility keys shall be returned no later than noon of the next working day following its use. Any user not returning a key will be charged the actual cost of rekeying the building and replacing all keys.
F. Additional Rules and Regulations. In addition to the foregoing, the mayor or his/her designee may make additional rules and regulations for the use of the Sedro-Woolley senior center building, and incorporate the same into the agreement to be signed by the user. (Ord. 2013-22 § 35, 2022; Ord. 1702-11 § 1, 2011)
12.36.095 Use of senior center building rental revenue.
One hundred percent of the revenue generated from the rental of the Sedro-Woolley senior center building shall be deposited into the city’s facilities maintenance reserve fund (Fund 303). (Ord. 1702-11 § 2, 2011)