Chapter 2.20 BOARD OF PARK COMMISSIONERS

“Park” means areas of land, with or without water, developed and used for public recreational purposes, including landscaped tracts, picnic grounds, playgrounds, athletic fields, camps, foot, bicycle and bridle paths, motor vehicle drives, wildlife sanctuaries, museums, zoological and botanical gardens, facilities for bathing, boating, hunting and fishing, as well as other recreational facilities for the use and benefit of the public.

“Board” means board of park and cemetery commissioners. (Ord. 1957 § 1 (Exh. A), 2022; Ord. 174 § 1, 1951)

2.20.020 Creation – Eligibility.

There is created a board of park and cemetery commissioners consisting of seven members, who shall be appointed by the mayor, with approval of the city council, six of whom shall be residents of the city and one of whom may be a nonresident of the city so long as the member resides within the Washougal urban growth boundary. No commissioner shall receive any compensation for his services. (Ord. 1957 § 1 (Exh. A), 2022; Ord. 1742 § 1 (Exh. A), 2013; Ord. 1168 § 1, 1995; Ord. 574 § 1, 1976; Ord. 564 § 1, 1975; Ord. 174 § 1, 1951)

2.20.030 Terms – Filling vacancies.

The first commissioners appointed shall determine by lot whose term shall expire in one, two, and three years respectively, and their terms shall begin after their appointment has been approved by the city council, and upon taking the usual oath of qualification. The terms of office, except the first, shall begin on the first Monday in June, and, at the expiration of each commissioner’s term, the mayor shall appoint, with the approval of the council, one member for a three-year term. Members of the board may be removed at any time by the mayor, and vacancies for the remainder of unexpired terms shall be filled in the same way that original appointments are made. Immediately after their appointment, members of the board shall meet and organize by electing one of their members president and such other officers as may be necessary. Complete dissolution of the board can only be accomplished by a majority vote of the city council. (Ord. 1957 § 1 (Exh. A), 2022; Ord. 881 § 1, 1987; Ord. 174 § 3, 1951)

2.20.040 General powers and duties.

(1) The board thus constituted shall have all the powers and perform all the duties as provided by the laws of the state relating to boards of park and cemetery commissioners. The board shall be an advisory body to the city council and city manager with the power to make recommendations to the city council and city manager for the purpose of operating the cemetery, conducting any form of recreation or cultural activity that will employ the leisure time of the people in a constructive and wholesome manner, and shall be an advisory body to the city council, thereby making recommendations to the city council and city manager as to the supervision of the cemetery and all parks belonging to the city, advise and recommend as to the plans, promotion, management and construction, development, maintenance and operation, either within or without city limits, parks, squares, parkways, and boulevards, play and recreation facilities for the improvement and ornament of the same; make recommendations to the city council and city manager upon entering into any contract in writing, acting independently or in conjunction with any organization, the United States, the state of Washington, any county, city or town, park district, school district, or any such public organizations for the purpose of conducting a recreation program or exercising any other power granted by this section.

(2) The board may also solicit or receive, with confirmation from the city council, any gifts or bequests of money or other personal property or any donation to be applied, principal or income, for either temporary or permanent use for the cemetery, playgrounds, parks, or other recreational purposes. Powers of the board include making recommendations to grant concessions and privileges herein under such restrictions and for such compensation as it shall prescribe, the revenue from which shall be used for park purposes; provided, that no concession or privilege shall ever be granted for the sale of any intoxicating liquors, beer and/or wine in any public park, and that no concession or privilege shall be granted for a period of more than three years unless approved by ordinance.

(3) The board shall have no power to acquire land or property or to accept gifts of real or personal property, without the approval of the city council, and any property shall be in the name of the city under the control of the city council. (Ord. 1957 § 1 (Exh. A), 2022; Ord. 881 § 2, 1987; Ord. 799 § 1, 1982; Ord. 750 § 1, 1980; Ord. 734 § 1, 1980; Ord. 592 § 1, 1976; Ord. 174 § 4, 1951)

2.20.050 Rules and regulations.

Park rules and regulations shall be as set forth in Article II of this chapter. (Ord. 1957 § 1 (Exh. A), 2022; amended during 6/89 supplement; Ord. 813 § 1, 1983; Ord. 592 § 2, 1976; Ord. 527 § 1, 1974; Ord. 174 § 5, 1951)

2.20.060 Park budget.

Repealed by Ord. 1957. (Ord. 908 § 1, 1988; Ord. 881 § 4, 1987; Ord. 592 § 4, 1976; Ord. 174 § 7, 1951)

Article II. Park Rules and Regulations

2.20.070 Park rules and regulations – Generally.

The following rules as contained in WMC 2.20.070 through 2.20.250 shall be cited as the “park rules and regulations” for the city, which ultimately will be under the direction of the mayor. (Ord. 933 § 1, 1988)

2.20.080 Definitions.

Whenever used in these rules, as set out in this article, the following terms shall be defined as follows:

(1) “Camp” means to erect a tent or other shelter, or to use a sleeping bag, a vehicle or a trailer camper for the purpose of or in such a way as will permit remaining overnight.

(2) “Camp site” means designated camping sites which are designated for the use of tent campers, and at which no water and/or electrical facilities are available for hookup to a trailer or a camper.

(3) “City of Washougal park area” means any area under the ownership, management or control of the public works department and designed as such.

(4) “Motor vehicle” means any self-propelled device capable of being moved upon a road, by which any persons or property may be transported, and shall include, but not be limited to, automobiles, trucks, motorcycles, motor scooters, jeeps or similar type four-wheel drive vehicles, and snowmobiles.

(5) “Park employee” means an assigned city parks and recreation department employee.

(6) “Parks and recreation department” means the city parks and recreation department which shall be under the direction of the city public works department.

(7) “Person” means all persons, firms, partnerships, corporations, clubs and all associations or combination of persons whenever acting for themselves or by an agent, employee or member.

(8) “Trail” means any path or track designed for use by pedestrians or bicycles; and which is not permitted its use by standard passenger automobiles, or other right-of-way specifically designated and posted for nonvehicular use.

(9) “Trailer” means a towed vehicle which contains any sleeping or housekeeping accommodations, boat, animal, apparatus or is designed for the purpose of transporting any of the same by towing behind a vehicle. (Ord. 933 § 1, 1988)

2.20.090 Purpose.

The parks, playgrounds, activity centers, buildings and other facilities of the public works department are established by law for public recreation purposes. The public recreation program consists primarily of activities planned and directed by the parks and recreation department and secondarily of recreation activities of community groups brought under control of the division when conducted under permit at the public park facility. (Ord. 933 § 1, 1988)

2.20.100 Hours.

The city parks are open during daylight hours only with the exception of special permission. The director shall establish for each city park area, according to existing conditions, times and periods when it will be open or closed to the public. Such times and periods shall be posted at the entrance to the park area. No person shall enter or be present at a park area after closing time. (Ord. 933 § 1, 1988)

2.20.110 Posting signs, posters and notices.

(1) It is unlawful for any person, without prior written permission of the director, to attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, railing, post or structure within any park; provided, the director may permit the erection of temporary directional signs or decorations on occasions of public celebration and picnics.

(2) It is unlawful for any person, without prior written permission of the director, to use, place or erect any signboard, sign, billboard, bulletin board, post, pole or device of any kind for advertising in the park, or to place or erect in any park a permanent or temporary structure of any kind. (Ord. 933 § 1, 1988)

2.20.120 Damage to park property unlawful.

It is unlawful for any person to dig or damage any animal and/or plant life within a city park area. (Ord. 933 § 1, 1988)

2.20.130 Animals at large prohibited.

It is unlawful for any person to allow or permit any pet to run at large unless in specified designated areas or to permit any pet with or without a leash, except seeing eye dogs or dogs used for law enforcement, to enter any public beach, swimming or wading area, ponds, fountain, stream or organized athletic areas. Any person with a dog or other pet in his possession in any park shall be responsible for both the conduct of the animal and have removed from the park feces deposited by such animal. (Ord. 933 § 1, 1988)

2.20.140 Certain vocations prohibited.

Except as provided elsewhere in these rules, it is unlawful for persons to conduct activities in a city park area for private voluntary gain (profit). Said activities must be conducted in accordance with the city regulations, held without admission charge, be open to the general public without discrimination and scheduled during hours when the park areas are regularly open. (Ord. 933 § 1, 1988)

2.20.150 Permit for assemblies and scheduled events required.

(1) It is unlawful for any person to hold, sponsor or participate in any organized assembly without first obtaining permission from the director.

(2) Religious services or group rallies may be permitted in park areas where facilities are adequate, and where such activities will not conflict in any way with normal park usage. To avoid conflict, written permission for such activities must be obtained in advance from the director. (Ord. 933 § 1, 1988)

2.20.160 Building fires.

It is unlawful for any person to build any fire in any park except in such areas as may be designated by signs posted in such park areas. (Ord. 933 § 1, 1988)

2.20.170 Intoxicating liquors prohibited.

It is unlawful for any person to bring into any park or consume any intoxicating liquor. (Ord. 933 § 1, 1988)

2.20.180 Selling refreshments or merchandise.

It is unlawful to sell refreshments or merchandise in any park within the city of Washougal without first obtaining a concession permit from the director. The director shall establish rules and regulations relating to the issuance of such permit. (Ord. 1663 § 1 (Exh. A), 2010; Ord. 1099 § 1, 1993; Ord. 933 § 1, 1988)

2.20.190 Driving areas – Speed limits.

It is unlawful for any person to ride or drive any motor vehicle over or through any park trail or path except along and upon the park drive, parkways or parking areas, or at a speed in excess of the posted speed limit. (Ord. 933 § 1, 1988)

2.20.200 Parking.

(1) No operator of any automobile, trailer, camper, boat trailer or other vehicle shall park or put such vehicle in any park area, except where the operator is using the area for a designated recreational purpose and the vehicle is parked either in a designated parking area, or in another area with the permission of a park employee. No person shall park or abandon any vehicle in any park area after closing time. Any vehicle found parked in violation of this section may be towed away at the owner’s or operator’s expense.

(2) It is unlawful to park a motor vehicle in a designated handicapped parking space without the officially recognized symbol. All improperly parked vehicles are subject to being towed away at the owner’s or operator’s expense. (Ord. 933 § 1, 1988)

2.20.210 Camping areas and permits.

It is unlawful for any person to camp in any city park except as permitted in Chapter 9.66 WMC. (Ord. 1838 § 1, 2018; Ord. 933 § 1, 1988)

2.20.220 Practicing and playing certain games.

It is unlawful for any person to practice or play golf, baseball, cricket, polo, lacrosse, archery, hockey or other games of like character or to hurl or propel any missile except at park areas set apart and/or designated for such purposes by the director which will not conflict in any way with normal park usage. (Ord. 933 § 1, 1988)

2.20.230 Amplified music and public address system.

It is unlawful to operate a powered public address system or amplified music speaker system or other means of amplifying sound in any park areas without a written permit from the director. Battery-operated portable radios and tape players are permitted; provided, they shall not be operated at a volume or in any manner which unreasonably disturbs the peace of others. (Ord. 933 § 1, 1988)

2.20.240 Adoption of rules and regulations by director.

The director, under the direction of the city manager, has the power to promulgate and adopt reasonable rules and regulations pertaining to the operation, management and use of the parks, and shall post the same in conspicuous places in the parks. Such rules and regulations may include the establishment of hours during which any park or portion thereof, as designated by signs located within the designated portion, shall be closed to the general public; such closures may be for reasons of public safety, welfare and convenience, or for reasons of park maintenance. (Ord. 1906 § 1 (Exh. A), 2020; Ord. 933 § 1, 1988)

2.20.250 Penalty for violations.

Violations of the park rules and regulations, as set out in this article, are a misdemeanor. Violators will be dealt with in accordance of existing state laws and city ordinances. (Ord. 933 § 1, 1988)

Article III. Specific Park Rules and Regulations

2.20.260 Cottonwood Beach/Captain Clark Park.

The city hereby adopts Port of Washougal Regulations for enforcement in the Cottonwood Beach/Captain Clark Park area of the Port. A violation of Port rules is a misdemeanor subject to prosecution by the city of Washougal with a fine of up to $1,000 and/or 90 days in jail.

A copy of the Port rules and regulations to be enforced by the city of Washougal is attached to the ordinance codified in this section marked as Exhibit “A” and by this reference incorporated herein. (Ord. 1514 § 1, 2005)