Chapter 13.20
PARK CURFEW
Sections:
13.20.010 Declaration of necessity.
13.20.020 Using park with unlawful intent or purpose.
13.20.030 Park curfew imposed—Exceptions—Posting and warning as conditions precedent to conviction.
13.20.040 Penalty for violation.
13.20.010 Declaration of necessity.
The city council of the city of Yakima takes notice and finds that the public parks in the city of Yakima have been for several years past and are now subject to occupancy and use at nighttime hours and in such a manner so as to disturb and interfere with the right to the quiet enjoyment and use of private residential properties in the vicinity of the various city parks; and the Yakima city council further finds that the unregulated occupancy and use of public parks, particularly during nighttime hours, constitutes a public nuisance so that the preservation of the public health, comfort, safety, order and general welfare requires that the use, occupancy and congregation of persons in public parks be subject to the curfew imposed, and the regulations and provisions enacted by this chapter. (Ord. 2018-008 § 1 (part), 2018: Ord. 1626 § 1 (part), 1974).
13.20.015 Definitions.
The following definitions apply to this chapter:
(1) “City park” or “park” means all parks and bodies of water contained therein, squares, plazas, trails, pathways, golf courses, playgrounds, playfields, ball parks, skateparks, parkways and other park, recreation and open space areas, parking lots, buildings and facilities comprising the parks and recreation system of the city under the management and control of the city manager or his or her designee.
(2) “Parkway” means the strip of grass and/or plantings in between two lanes of opposite traffic owned and maintained by the city’s parks and recreation department.
(3) “Playground” means equipment, facilities or an apparatus designed for recreation, used primarily by children.
(4) “Ball park” means an athletic field, grounds or stadium in which games, such as baseball, softball, soccer, volleyball or football, are played. (Ord. 2018-008 § 1 (part), 2018).
13.20.020 Using park with unlawful intent or purpose.
It shall be unlawful for any person to enter upon or remain in any public park owned by the city of Yakima with the intent or for the purpose of committing any unlawful act. (Ord. 2018-008 § 1 (part), 2018: Ord. 1626 § 1 (part), 1974).
13.20.030 Park curfew imposed—Exceptions—Posting and warning as conditions precedent to conviction.
A. It is unlawful for any person to enter upon or remain in any public park owned by the city of Yakima between the hours of ten p.m. and six a.m. of the following day, unless the presence of such person in such park during prohibited hours is authorized by a park use permit issued pursuant to YMC 13.16.100, a right-of-way use permit issued pursuant to YMC 8.20, or otherwise is incidental to an activity or function conducted by or under the auspices of the department of parks and recreation of the city of Yakima.
B. No person shall be convicted for violating the curfew imposed by this section unless such violation occurred in a park conspicuously posted with signs warning against entry into or remaining in the park during prohibited hours.
C. No person shall be convicted for violating the curfew imposed by this section unless, prior to being arrested, such person had been warned by a police officer of the conditions established by this section.
D. The provisions of this chapter do not apply to any duly authorized city employee in the performance of his or her duties. (Ord. 2018-008 § 1 (part), 2018: Ord. 2013-034 § 1, 2013: Ord. 3103 § 1, 1988: Ord. 1626 § 1 (part), 1974).
13.20.040 Penalty for violation.
A violation of this chapter is a misdemeanor and is punishable by a fine not to exceed one thousand dollars and by imprisonment for a period not to exceed ninety days. (Ord. 2018-008 § 1 (part), 2018: Ord. 2013-034 § 2, 2013: Ord. 1626 § 1 (part), 1974).