Chapter 6.05
PARK REGULATIONS
Sections:
6.05.040 Special event permits.
6.05.050 Sale of goods or services.
6.05.060 Rules governing use of City parks and facilities – Violation an infraction.
6.05.080 Rules governing use of City parks and facilities – Violation a misdemeanor.
6.05.010 Definitions.
The following definitions shall be used in this chapter:
“Airborne vehicle” means any vehicle, whether capable of carrying humans or not, which is designed for the purpose of becoming and remaining airborne, including but not limited to airplanes, helicopters, hang gliders, model aircraft, unmanned aircraft systems (UAS or drone vehicles), and hot air balloons.
“Alcoholic beverages” or “liquor” shall include alcohol, spirits, wine, beer, and malted beverages as those terms are defined pursuant to RCW 66.04.010.
“City” means the City of Spokane Valley, Washington.
“Commercial use” includes, but is not limited to, the sale of any goods or services in City parks or facilities, including food and beverage.
“Department” means the City of Spokane Valley parks and recreation department.
“Director” means the city manager or designee who is anticipated to be the director of the parks and recreation department.
“High-risk or damaging activities” means use of such devices which create an elevated risk of harm to users or other park users, or which create an elevated risk of damage to the facilities. Examples of such devices include, but are not limited to, inflatable play equipment, dunk tanks, hard-tip lawn darts, Frisbee golf discs, and slip-n-slides.
“Motor vehicle” means any self-propelled device capable of being moved upon a road and in, upon, or by which any persons or property may be transported, including but not limited to automobiles, trucks, motorcycles, mopeds, Class 2 or Class 3 motorized bicycles, motorized foot scooters, golf carts, all-terrain vehicles or similar-type all-wheel-drive vehicles, and snowmobiles, whether or not they can be legally operated upon the public highways.
“Open space, trails or parks,” collectively referred to as “City parks,” means any recreation or similar real property under the ownership, management, or control of the City.
“Park facility” or “facilities” means any building, structure, equipment, sign, shelter, swimming pool, vegetation, playground, or other physical property owned or controlled by the City for park purposes.
“Person” means any individual, group, firm, partnership, corporation, association, or club. City staff are excluded from this definition.
“Pets” means any domesticated animal, with the exception of qualifying service animal.
“Trail” means any path, track, or right-of-way designed for use by pedestrians, nonmotorized bicycles, or other nonmotorized modes of transportation. (Ord. 19-018 § 2, 2019; Ord. 65 § 1, 2003).
6.05.020 Purpose.
City parks, including facilities and programs of the department, are established and maintained by the City for public recreational purposes. Chapter 6.05 SVMC is an exercise of the police power of the City, and its provisions shall be liberally construed for the preservation and protection of the natural environment, public peace, health, safety, and welfare. Unlawful and inappropriate behavior in the City’s parks diminishes these precious assets and deprives citizens individually and as a whole of the full use and enjoyment of the natural beauty, recreational opportunities, and peaceful repose that parks are intended to preserve. (Ord. 19-018 § 2, 2019; Ord. 65 § 2, 2003).
6.05.030 Hours of operation.
Unless otherwise established or approved in writing by the director, City parks shall have the following hours of operation:
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April 15th to October 15th – open at 6:00 a.m. and close at 9:00 p.m.; and |
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October 16th to April 14th – open at 6:00 a.m. and close at 7:00 p.m. |
Use of the Appleway Trail after these times shall be limited to nonmotorized transportation, and all other after-hours uses of these amenities is prohibited. (Ord. 19-018 § 2, 2019; Ord. 65 § 3, 2003).
6.05.040 Special event permits.
A special event permit is required prior to holding a special event in any City park. If the department deems necessary, special event permits may be required for events involving more than the routine use of a City park. Applicants shall apply for a special event permit and such applications shall be processed pursuant to Chapter 5.15 SVMC.
When deemed necessary by the City to mitigate anticipated impacts on the park, traffic, and general public health and welfare, and when deemed appropriate to carry out other requirements set forth in this Chapter 6.05 SVMC, the director may impose special conditions for a special event, which shall be included in the permit. The department reserves the right to cancel a permit for good cause. If reasonably possible, the City shall provide notice of cancellation at least 24 hours in advance of the event.
A cancellation or denial of a special event permit for an event occurring in a City park may be appealed to the city manager by filing a written appeal with the city clerk within 10 days of the date of the decision. Upon such appeal, the city manager may reverse, affirm, or modify the department’s decision pursuant to the criteria set forth in SVMC 6.05.040. (Ord. 19-018 § 2, 2019; Ord. 09-038 § 3, 2009; Ord. 65 § 5, 2003. Formerly 6.05.050).
6.05.050 Sale of goods or services.
City parks are established for recreational purposes. Accordingly, commercial use, whether by for-profit or nonprofit entities, is prohibited except through written agreement with the City or by permit issued by the department. The City may require appropriate compensation from any commercial use, which may include, but shall not be limited to, a per-event fee. Such compensation may be in addition to any rental fee. Such compensation shall be determined based upon the nature of the event, the public benefit of the event, and the impact to the City and City park facilities from the event, including how much of the park facilities will be unavailable to other users. Any agreement or permit for sale of goods or services in City parks shall include procuring and maintaining liability insurance at least consistent with that required in SVMC 5.15.070. (Ord. 19-018 § 2, 2019; Ord. 09-038 § 3, 2009; Ord. 65 § 6, 2003. Formerly 6.05.060).
6.05.060 Rules governing use of City parks and facilities – Violation an infraction.
A. Camping. Camping in City parks and facilities is defined and regulated pursuant to Chapter 7.50 SVMC.
B. Fires. No person shall ignite or maintain any fire or participate in igniting, maintaining, or using any fire within open space, trail, park, or facility except in a designated barbecue unit or in a designated fire pit unless specifically authorized by the department.
C. Food Waste, Washing of Clothes or Animals. No person shall clean fish or wash any clothing or other articles for personal or household use, or any dog or other animal except at designated areas.
D. Game Fish. No person may fish for or possess any fish taken from any river, pond, stream or other body of water which area is posted with a sign prohibiting fishing, except as approved by special event permit for Valleyfest.
E. Horses. Horses are prohibited in City parks and facilities.
F. Littering. Littering in City parks and facilities is prohibited. All waste and garbage shall be disposed of in a garbage can or other receptacle designed for such purpose. Litter shall include excretory waste from humans or pets.
G. Motor Vehicles – Operation. No person shall operate any motor vehicle on open space, trail, or park property unless such area has been specifically designated and posted for such use. No person shall operate a motor vehicle within the boundaries of a City park except on roads, streets, highways, parking lots, parking areas, or where otherwise permitted by posted notice or special event permit pursuant to SVMC 6.05.040 and Chapter 5.15 SVMC. This subsection shall not apply to emergency, maintenance, or other authorized vehicles.
H. Motor Vehicles – Parking. No operator of any motor vehicle, trailer, camper, or other vehicle shall park such vehicle in any City park or facility except where the operator is using the area for a permitted recreational purpose, and the vehicle is parked either in the designated parking area or in another area with the written permission of the department. No person shall park, leave standing, or abandon a vehicle in any facility after closing time except persons using park facilities as part of an event authorized in writing by the department. Any vehicle found in violation of SVMC 6.05.060 may be towed away at the owner’s expense. SVMC 6.05.060 shall not apply to maintenance and emergency vehicles or vehicles authorized by the department.
I. Motor Vehicles – Speed Limits. No person shall drive a motor vehicle within any City park or facility at a speed greater than posted, having due regard for traffic, surface, and width of the road, and in no event at a speed which endangers the safety of persons, property, or wildlife.
J. Parking Lots and Roadway – Games Prohibited. Games of any kind are prohibited in parking lots and roadways except through a special event permit.
K. Pets.
1. All pets are prohibited in designated picnic areas, sport courts, or play areas in any City park or in any building unless permitted by posted notice.
2. When allowed, pets shall be kept on a leash no greater than 15 feet in length, and shall be kept under control at all times.
3. Any person whose pet is in any open space, trail, or park area shall be responsible for the conduct of the animal and for removing feces deposited by the animal.
4. No person shall allow his or her pet to bite, disturb, or harass any facility users, wildlife, or other pets. No person shall permit his or her pet to bark or make noise continuously or otherwise unreasonably disturb the peace and tranquility of other park users. No person shall permit pets to damage park vegetation.
L. Presence in City Facilities When Closed. No person shall enter or be present in facilities when closed except persons using facilities as part of an event authorized in writing by the department.
M. Skateboards and Rollerblades Permitted – Limited Exclusions. Riding skateboards and rollerblades is generally permitted on pathways and sidewalks in City parks, except where posted by the department. Pathways and sidewalks includes only areas designed for walking, and does not include benches, railings, walls, or other areas or facilities for freestyle stunts, which are prohibited.
N. Sound Amplification. No person shall use, operate, or play in a City park any machine or device producing sound at a volume that is audible at a distance of over 30 feet therefrom except pursuant to a permit issued by the department.
O. Swimming. Swimming shall only be permitted in areas specifically posted for such use, and is otherwise prohibited. Mirabeau Springs is closed to entry or swimming by humans and pets.
P. Tents and Shelters in Parks. Unless authorized by the department, no person shall erect, maintain, use, or occupy a temporary tent or shelter in any City park or facility unless there is an unobstructed view through such tent or shelter from at least two sides; provided, however, that nothing in this subsection shall be construed to authorize overnight camping.
Q. Trail Use.
1. For the purposes of this subsection, “trail use” shall be construed to include all forms of movement or transportation on a trail, including but not limited to foot, bicycle, skateboard, rollerskates, and rollerblades.
2. Trail use is open to all nonmotorized users unless otherwise designated and posted. Trail use restrictions may be posted at park entrances, trailheads or, in some cases, on individual trails.
3. Every person traveling on a trail shall obey the instructions of any official traffic control device or trail sign.
4. Motorized vehicles are prohibited on City trails; however, wheelchairs and assistive mobility devices powered by electric motors, and authorized maintenance or emergency vehicles, are exempt.
R. Trespassing. No person except an authorized City employee or emergency response personnel shall enter or go upon any area or facility which has been designated and posted as a “No Admittance” or “No Trespassing” area, during any time when the park is closed to the public, or after law enforcement personnel have informed that person in writing that they are excluded from a designated park facility or facilities.
S. Washing of Vehicles. No person shall clean or wash any motor vehicle in any City park or facility.
T. Hitting Golf Balls. No person shall hit golf balls within a City park or facility.
U. Airborne Vehicles. No person shall launch, operate, or land an airborne vehicle while standing on or in any City park or facility, except in areas specifically designated and posted by the City for such use. Use of hot air balloons may be allowed through a special event permit issued pursuant to SVMC 6.05.040 and Chapter 5.15 SVMC.
V. Signs. No person shall distribute or post any handbills, circulars, or signs in any City park, except by written agreement or permit issued by the department.
W. High-Risk or Damaging Activities. No person shall engage in high-risk or damaging activities in any City park except by special event permit issued by the department, or as otherwise posted on site as an allowed use for disc golf. Use of hard-tip lawn darts is prohibited in all park facilities. (Ord. 19-018 § 2, 2019; Ord. 65 § 7, 2003. Formerly 6.05.070).
6.05.070 Violation.
Any person violating any provision of SVMC 6.05.030, 6.05.040, 6.05.050, or 6.05.060 shall have committed a class 3 infraction. For violations of SVMC 6.05.050 and 6.05.060, the City shall have all authority under the law to enforce violations, including but not limited to use of injunctive remedies through superior court. (Ord. 19-018 § 2, 2019; Ord. 05-002 § 1, 2005; Ord. 65 § 8, 2003. Formerly 6.05.080).
6.05.080 Rules governing use of City parks and facilities – Violation a misdemeanor.
A. Alcohol Consumption. No person shall knowingly allow, conduct, hold, maintain, or consume an alcoholic beverage in City parks or facilities without first obtaining a permit from the department.
B. Designated Areas. The city council shall, through resolution, designate specific areas in City parks and facilities where alcohol may be consumed after obtaining an alcoholic beverage permit.
C. Application for Alcoholic Beverage Permit. Application for permits shall be in writing and filed with the department. The application shall be filed no less than 10 days prior to the gathering at which alcoholic beverages will be consumed. Fees for such permits shall be established by separate city council resolution. The department shall prescribe the form of the application, which shall include name and age of applicant, public place where permit is to be used, type of activity, date of activity, measures to control the consumption of alcoholic beverages, and such other matters as deemed appropriate by the department. These permit requirements shall be in addition to those required by the Washington State Liquor and Cannabis Board for a liquor permit.
The director shall review and either approve or deny the application within five days from receipt. The director may impose reasonable conditions upon the permit. An applicant may appeal a decision to grant, deny, or condition an alcoholic beverage permit to the city manager, who can reverse, affirm, or modify the department’s decision pursuant to the criteria set forth in SVMC 6.05.040.
D. Damage to Property. No person shall remove, damage, or destroy any area or City property in a City park or facility, including natural or manmade features, or excavation of any kind unless related to metal detecting, in which case a small hole may be made, provided it is entirely filled in with any turf replaced. The hanging or anchoring of any items from park facilities, fences, trees, and other vegetation is prohibited. The hanging of piñatas is permitted within picnic shelter structures provided it is done in a way that it is not likely to result in damage to the facility or to any person.
E. Damage to Wildlife. Except for fishing authorized by state law, it is unlawful in any park to capture, attempt to capture, tease, annoy, disturb, feed, or strike any bird or animal, or to throw or otherwise propel any object at or in the vicinity of any bird or animal.
F. Dumping in Water Prohibited. No person shall deposit any waste or refuse of any nature, including human or animal waste, into any river, stream, lake or other body of water running in, through, or adjacent to any City park.
G. Weapons.
1. No person except authorized law enforcement personnel shall possess a bow and arrow, crossbow, or air or gas weapon in a City park or facility. No person shall discharge across, in, or onto any facility any weapon, including but not limited to a firearm, bow and arrow, slingshot, crossbow, air or gas weapon (including paintball), or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property.
2. Possession of firearms in any stadium or convention center operated by the City, county, or other municipality is prohibited except that such restrictions shall not apply to:
a. Any pistol in the possession of a person licensed pursuant to RCW 9.41.070 or exempt from the licensing requirement pursuant to RCW 9.41.060; or
b. Any showing, demonstration, or lecture involving the exhibition of firearms pursuant to RCW 9.41.300(2)(b)(ii).
H. Fireworks. No person shall possess, discharge, or cause to be discharged in any City park or facility any firecracker, torpedo, rocket, firework, explosive, or similar device.
I. Interference with Trails. No person shall place, deposit, or otherwise locate any object, structure or device, whether natural or artificial, that threatens or endangers any trail, interferes with normal use of the trail, or that threatens or endangers any person traveling thereon. This shall not apply to City employees in the performance of their duties or to persons acting pursuant to written direction of the City.
J. Outside Household or Commercial Waste. No person shall bring in or deposit household or commercial garbage or other waste which is brought in such form from any private property, in any City park or facility garbage can or other receptacle.
K. Removal of Property. No person shall remove any City property from a City park or facility without prior written permission of the department.
L. Solicitation. No person shall solicit, sell, or peddle any goods, services, food or drink, or distribute or post any handbills, circulars, or signs, or use any loudspeaker or other amplifying device, in any City park, except by contract or by permit issued by the department.
M. Waste from Vehicles. No person shall drain or dump refuse or waste from any trailer, camper, automobile, or other vehicle in any City park or facility. (Ord. 19-018 § 2, 2019; Ord. 09-041 § 1, 2009; Ord. 65 § 9, 2003. Formerly 6.05.090).
6.05.090 Violation – Penalty.
Any person violating any provision of SVMC 6.05.080 shall be guilty of a misdemeanor. (Ord. 19-018 § 2, 2019; Ord. 65 § 10, 2003. Formerly 6.05.100).
6.05.100 Other sanctions.
In addition to any prescribed penalty in Chapter 6.05 SVMC, any person failing to comply with any provision of Chapter 6.05 SVMC or who otherwise engages in dangerous, illegal, or unreasonably disruptive behavior pursuant to Chapter 6.10 SVMC shall be subject to exclusion pursuant to Chapter 6.10 SVMC and the criteria and procedures set forth therein. (Ord. 22-003 § 4, 2022; Ord. 19-018 § 2, 2019; Ord. 65 § 11, 2003. Formerly 6.05.110).
6.05.110 Rules and policy.
The director may develop rules, policies, and forms to implement Chapter 6.05 SVMC. (Ord. 19-018 § 2, 2019; Ord. 65 § 12, 2003. Formerly 6.05.120).