Chapter 12.08 CITY PARKS

C. "Facilities" means any park, building, structure, roadway, equipment or area owned by the city and operated by the Wapato public works department, or any subdivision thereof. (Ord. 1250 §1E, 2011: Ord. 952 (part), 1993)

12.08.020 Administration--Hours.

All Wapato city parks shall be open to the general public from dawn to dusk each day. Written permission may be obtained from the director for events lasting extended hours per day or events lasting more than one day. During the hours that the park is closed, anyone found therein shall be in violation of this chapter. (Ord. 1250 §1F, 2011: Ord. 952 (part), 1993)

12.08.030 Reservations.

A person or persons may make application to reserve department facilities for specific uses and for specific periods of time. Reservations shall be made through the director or city hall, using the reservation application form to be provided by the city. The department reservation policies and procedures are:

A. All uses are subject to current department rules, regulations, policies and fee schedules.

B. All applications are on a first-come, first-served basis.

C. The department reserves the right to deny use of any park facility to any person, persons or group.

D. No reservation will be guaranteed or effective until an appropriate fee is received by the department, all required permits are secured and all additional department requirements have been satisfied.

E. Parties or persons being granted a reservation shall adhere to this chapter when using any department facilities. (Ord. 1250 §1G, 2011: Ord. 952 (part), 1993)

12.08.040 Reserved areas.

Any area or facility within the boundary of any park which has been reserved for any person or persons shall not be used by others during the period reserved. No equipment in the reserved area may be moved or removed from the area on the day of the reservation. (Ord. 1250 §1H, 2011: Ord. 952 (part), 1993)

12.08.050 Ballfield usage.

Ballfields may be reserved and used, subject to the following guidelines, which shall be in addition to the provisions for making a reservation as stated above:

A. City league and tournament games will have priority on the city softball fields.

B. The fee for ballfield usage shall be set by fee resolution, and shall be paid in full except as otherwise negotiated by the director or mayor.

C. The city shall provide maintenance and preparation on the fields the morning of the event if requested more than seven days prior to the ballfield reservation and payment for such services, in an amount to be determined by the director, is paid at least forty-eight hours in advance.

D. The person or persons reserving the ballfields will be responsible for maintaining control over all ball players to ensure all city park rules and regulations are strictly adhered to.

E. City park field equipment, such as bases, will be returned to the director at the end of each day. In the event any field equipment is destroyed, broken, stolen, or lost, the person or persons who reserved the facility shall be responsible to replace the equipment.

F. Teams or leagues will be allowed to practice on the fields when no other games are scheduled on a first-come, first-served basis, free of charge. (Ord. 1254 §1, 2011: Ord. 1250 §1I, 2011: Ord. 1239 §3, 2011: Ord. 952 (part), 1993)

12.08.060 Cleanup.

All groups must leave the facility or area in a condition considered satisfactory to the director. No group shall conduct activities causing extra custodial work unless previous arrangements have been made to pay for such work and such activities are authorized in writing as approved by the director or the mayor. (Ord. 1250 §1J, 2011: Ord. 952 (part), 1993)

12.08.070 Liability.

A person or persons using facilities by reservation shall protect and save the city, 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 or character, including the cost of defense thereof, arising in favor of the said persons and facility users within the group that has reserved the facility, on account of 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 said persons or users. Users of any and all Wapato city park facilities or areas do so at their own risk. The city of Wapato assumes no liability or responsibility due to accidents or injury through authorized or unauthorized use of department facilities. (Ord. 1250 §1K, 2011: Ord. 952 (part), 1993)

12.08.080 Liability insurance.

A person or persons using facilities by reservation may be required to obtain and maintain during all periods of use public liability insurance acceptable to the city and/or other insurance necessary to protect the public and the city on premises reserved. The liability coverage limits shall be determined by the mayor or director based on the type of use. The group shall provide a certificate of insurance or an insurance binder prior to use of the facilities to the director. Upon written request of the city, a duplicate of the policy shall be provided to the mayor as evidence of the insurance protection provided. This insurance shall not be canceled or reduced without prior written notice to the city. (Ord. 1250 §1L, 2011: Ord. 952 (part), 1993)

12.08.090 Adults to accompany minors.

At all assemblies of minors, responsible adults must be present throughout the entire function. (Ord. 952 (part), 1993)

12.08.100 Storage of equipment--Liability of city.

The city will not provide secure storage for equipment owned by facility users. The city cannot be held responsible for loss through theft or fire. City insurance shall cover city-owned equipment only. (Ord. 952 (part), 1993)

12.08.110 Concessions.

The city reserves all concession rights to all city-owned facilities, subject to the following policies:

A. Nonprofit groups and organizations may sell or arrange for a concessionaire to sell services, goods or food items to members of their group or organization using a park facility and to spectators at that facility and are exempt from this section; provided, that arrangements and notice to the department are given and the concessions are approved prior to the event.

B. Concessionaires will be required to complete the reservation application form.

C. Concessionaires other than nonprofit groups and organizations shall pay to the city ten percent of the gross revenue for goods, food items and/or services sold at the city-owned softball park or related parking areas. Concessionaires shall submit an accounting to the department within three days following the event along with the ten percent payment to the city clerk/treasurer.

D. The number of concessions necessary to accommodate the event may be limited, at the discretion of the director.

E. Concessionaires will be responsible for cleaning litter around their locations and providing for a city trash bin. (Ord. 1250 §1M, 2011: Ord. 952 (part), 1993)

12.08.120 Equipment regulations--Failure to perform.

The misuse of a facility or the failure to conform with these regulations will be sufficient reason for denying any future application for use of city facilities. (Ord. 1250 §1N, 2011: Ord. 952 (part), 1993)

12.08.130 Motor vehicles--Parking.

No operator of any automobile, trailer, camper or other vehicle shall park such vehicle in any city park area other than a designated motor vehicle parking area, except with written permission of the director. No person shall park, leave standing, or abandon a motor vehicle, camper or trailer, in any city park area after closing time, except when camping in a designated area, or with permission of the director. Any vehicle found parked in violation of this section may be towed away at the owner’s or operator’s expense.

Official city vehicles or vehicles driven by city staff on official city business are exempt from this provision.

This section may be waived only by the mayor, or his designee, in writing, prior to vehicles being parked in violation of this section. (Ord. 1250 §1O, 2011: Ord. 952 (part), 1993)

12.08.140 Motor vehicles--Driving.

No operator of any automobile, trailer, camper, or other motor vehicle shall drive such vehicle in any city park area, except when authorized by the director.

Official city vehicles or vehicles driven by city staff on official city business are exempt from this provision. (Ord. 1250 §1P, 2011: Ord. 952 (part), 1993)

12.08.150 Animals.

Dogs are permitted in any city park; provided, that they must be kept on a leash or other restraining device and under control at all times. Any person with an animal in his possession in any park shall be responsible for both the conduct of the animal and for removal from the park grounds of all feces deposited by such animal. No animals shall be allowed in the swimming pool area. Owners of animals must abide by the provisions of Chapters 6.04 (Animal Control) and 6.06 (Prohibited Dogs). (Ord. 1250 §1Q, 2011: Ord. 952 (part), 1993)

12.08.160 Damage to property.

No person shall cut down, destroy or in any way injure or damage any shrub, tree, vine, grass, standing or growing or which has been cut down, in any city park or facility unless authorized to do so by the director. No person shall deface, damage or destroy any property, material, equipment, restrooms or facility which is under the jurisdiction of the department. (Ord. 1250 §1R, 2011: Ord. 952 (part), 1993)

12.08.170 Property and equipment.

No person shall remove any city or department owned property, material or equipment from any park or facility. (Ord. 1250 §1S, 2011: Ord. 952 (part), 1993)

12.08.180 Rubbish.

No person shall leave, deposit, drop or scatter bottles, broken glass, ashes, waste paper, cans or other rubbish in a city park area or facility, except in a garbage can or other receptacle designated for such purposes. If there is no garbage can or other receptacle on site, all rubbish shall be carried out of the facility by its owner for disposal. (Ord. 1250 §1T, 2011: Ord. 952 (part), 1993)

12.08.190 Outside household or commercial waste.

No person shall deposit any household or commercial garbage, refuse, waste or rubbish which is brought as such from any private property, in any city park area garbage can or other receptacle designated for rubbish collection at a facility. No person shall drain or dump refuse, oil, gas, or waste from any trailer, camper, automobile, or other vehicle, except in designated disposal areas or receptacles. (Ord. 1250 §1U, 2011: Ord. 952 (part), 1993)

12.08.200 Solicitation.

No person shall solicit, sell or peddle any goods, wares, merchandise, liquids, or edibles for human consumption or post any signs or use any loudspeakers or other amplifying device in any city park area, except by approved concession or by permission by the mayor in writing prior to conducting any solicitation or business.

All persons approved to solicit by the mayor shall obtain prior to conducting any solicitation or business, a business license from the city. (Ord. 1250 §1V, 2011: Ord. 952 (part), 1993)

12.08.210 Fireworks.

No person shall possess, discharge, set off, or cause to be discharged in or into any city park area or facility any firecrackers, torpedoes, rockets, fireworks, explosives, or substance harmful to the life or safety of persons or property, unless so authorized by the department. (Ord. 1250 §1W, 2011: Ord. 952 (part), 1993)

12.08.220 Firearms--Weapons.

Except by permission of the department, no person shall possess a loaded firearm; nor shall any person possess or discharge across, in, or into any city park area a firearm, arrow, air or gas operated weapon, knife, throwing star or any other device capable of injuring or killing any person or animal, or damaging or destroying any public or private property.

This section shall not prohibit the discharge of firearms for ceremonial purposes. If discharge is for ceremonial purposes, notice shall be given to the Wapato police chief in writing at least twenty-four hours in advance of the ceremony. (Ord. 1250 §1X, 2011: Ord. 952 (part), 1993)

12.08.230 Alcoholic beverages.

The sale, possession and/or consumption of alcoholic beverages in or at a facility, other than the community center, is prohibited. (Ord. 1250 §1Y, 2011: Ord. 952 (part), 1993)

12.08.235 Alcoholic beverages at the community center.

Alcoholic beverages may be allowed at the community center under certain conditions, subject to Washington State Liquor Control Board rules, regulations, and approval. Approval from the city is needed in addition to the approval from the Washington State Liquor Control Board. Approval by the city for events with alcoholic beverages shall be given, in advance, by the mayor or his designee, and shall require additional security at the event, as well as may require providing the city with proof of insurance. (Ord. 1250 §2I, 2011)

12.08.240 Kitchen area.

Repealed by Ord. 1250. (Ord. 1239 §4, 2011: Ord. 952 (part), 1993)

12.08.250 Penalties--Violation--Enforcement.

A. Every person who violates any of the provisions of this chapter, other than Sections 12.08.210 and 12.08.220, shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not more than one thousand dollars and/or by imprisonment in the city jail for not more than ninety days. All or any portion of the penalties may be suspended on condition of restitution for damages, if any, at the discretion of the city prosecutor. In addition, every person failing to comply with any provision of this chapter shall be subject to immediate ejection from the city park area or facility. The mayor, public works director, department employees, and other law enforcement officers are authorized and directed to enforce the provisions of this chapter.

B. Every person who violates Section 12.08.220 involving the discharge of a firearm or dangerous weapon shall be subject to the penalties outlined in RCW 9.41.230, adopted herein by reference.

C. Every person who violates Section 12.08.220 regarding possession of a weapon capable of causing bodily harm shall be subject to the penalties outlined in RCW 9.41.270, adopted herein by reference.

D. Every person who violates Section 12.08.210 shall be subject to the penalties and enforcement provisions found in Chapter 70.77 RCW, adopted herein by reference. (Ord. 1250 §1Z, 2011: Ord. 952 (part), 1993)