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HomeMy WebLinkAbout3616 Ordinance t ORDINANCE N0.364� AN ORDINANCE of the City of Pasco, Washington, amending Chapter 9.48 and repealing Chapter 10.92 of the Pasco Municipal Code concerning City parks. WHEREAS, the City Council of the City of Pasco has determined that the public health, safety and welfare will be promoted by the adoption of a revised City park code, NOW,THEREFORE, The City Council of the City of Pasco,Washington, Does Ordain as Follows: Section 1. That PMC Chapter 9.48 is amended and adopted to read as follows: Chapter 9.48 PARK CODE Sections: 9.48.010 Short title. 9.48.020 Definitions. 9.48.030 Construction of Provisions. 9.48.040 Director Responsibility and Authority. 9.48.045 Hours/Closure—Penalty for Violations. 9.48.046 Use of Park Property- Permit 9.48.050 Posting Signs. 9.48.060 Defacing Property. 9.48.070 Illegal Dumping-Abandonment of Animals. 9.48.080 Animals. 9.48.100 Feeding Animals. 9.48.090 Weapons. 9.48.120 Commercial Activity. 9.48.130 Groups or Assemblies-Special Events. 9.48.140 Reservation - Application. 9.48.150 Reservation Application-Denial. 9.48.160 Parks and Recreation Facilities-Fee for Use. 9.48.170 Parking for Certain Purposes Prohibited. 9.48.180 Restrictions on Vehicles. 9.48.190 Skateboarding. 9.48.200 Noise. 9.48.210 Remote Control Models, Hang Gliders, Hot Air Balloons. 9.48.230 Trail Use. 9.48.240 Golfing, Baseball, Swimming, etc. 9.48.250 Littering. 9.48.260 Building Fires. 9.48.270 Overnight Camping. r 9.48.290 Violation of Park Rules Unlawful. 9.48.310 Penalty for Violations. 9.48.010 SHORT TITLE. This chapter shall constitute the park code of the city and may be cited as such. 9.48.020 DEFINITIONS. The terms herein used, unless clearly contrary to or inconsistent with the context in which used, shall be construed as follows: A. "Director"means the Administrative and Community Services Director. B. "Park" means and includes all city parks, public squares, park drives, parkways, boulevards, athletic facilities, and play and recreation grounds under the jurisdiction of the City. 9.48.030 CONSTRUCTION OF PROVISIONS. This chapter is declared to be an . exercise of the police power of the City for the public peace, health, safety and welfare, and its provisions shall be liberally construed. 9.48.040 DIRECTOR RESPONSIBILITY AND AUTHORITY. It shall be the responsibility of the Director of the city to enforce all provisions of this chapter. 9.48.045 HOURS/CLOSURE—PENALTY FOR VIOLATIONS. Except as provided below, all City parks shall open at six a.m. for public use. and close at ten o'clock p.m. each day. It is unlawful for any person to be or remain in or upon City Park property during the hours of closure without a permit as provided below, or for any person to enter or remain in any such area of a park which has been designated and posted by the Director as a closed area, using such postings as"no admittance", "closed to use"or"no trespassing". Anyone found in violation of this Section is guilty of trespass in the first or second degree as set forth in Section 9.54.020 of this code and subject the penalties provided therein. 9.48.046 USE OF PARK PROPERTY—PERMIT. Permits for the use of park property may be issued by the Director of Administrative and Community Services for hours beyond the closing time set forth in this chapter and such terms and conditions as the Director may determine appropriate to accommodate for organized recreation activities otherwise permitted on park property that cannot be fully accommodated during regular hours. 9.48.050 POSTING SIGNS. A. It is unlawful to use,place or erect any signboard, sign, billboard, bulletin board,post, pole or device of any kind of advertising in any park; or to attach any notice,bill,poster, sign, wire, rod or cord to any tree, shrub, railing,post or structure in any park; or, without the written consent of the Director, to place or erect in any park a structure of any kind. B. Provided, upon approval of the Director, temporary directional signs or decorations on occasions of public celebration and picnics may be erected in city parks: C. Violation of any of the provisions of this section constitutes an infraction. 9.48.060 DEFACING PROPERTY. It is unlawful for any person, except an authorized employee or agent of the city, to remove, destroy, mutilate or deface any park property, structure, facility or station. This prohibition applies to all aspects of the natural or landscaped environment and to any structure, object, equipment, improvement, or other park property. Violation of any of the provisions of this section is a misdemeanor. 9.48.070 ILLEGAL DUMPING-ABANDONMENT OF ANIMALS. A. No person shall deposit household or commercial garbage, trash, refuse, waste, debris, rubbish or organic matter which is brought as such from any private property, in any park garbage receptacle or upon any park property. B. No person shall place, erect, or maintain any structure or obstruction of any kind on park property. C. It is unlawful for any person other than a duly authorized employee of the City of Pasco to do any of the following acts without the written permission of the Director: 1. No person shall intentionally, knowingly, recklessly or with criminal negligence abandon a domesticated animal in a park. 2. No person shall mow, prune, cut, clear, plant on or otherwise alter or disturb any park property or planting. D. Violation of any of the provisions of this section constitutes a misdemeanor. 9.48.080 ANIMALS. A. It is unlawful for any person to ride a horse or other beast of burden upon any park property unless specifically designated for such or without specific permission of the Director. B. It is unlawful for any person to allow or permit any animal to be at large in any park, except dog guides or service animals, as defined in Chapter 70.84 RCW (White Cane Law), or those animals used by a law enforcement officer; provided, that except in areas in which animals are prohibited, animals are permitted in a park if on a leash not greater than ten feet in length, or otherwise securely caged or securely restrained. C. The Director may ban dogs and other pets from areas of any park where the director determines it appropriate. D. Any person with any animal in his or her possession in any park shall be responsible for the conduct of the animal and shall not allow the animal to bite or otherwise molest or annoy other park visitors. E. Any person with an animal in his or her possession in any park shall carry equipment for removing fecal matter, and shall collect and place fecal matter deposited by such animal in an appropriate receptacle. F. Notwithstanding subsection A of this section, the Director may designate certain areas in parks as allowing dogs and/or other pets to be off leash. G. Violation of any of the provisions of this section constitutes an infraction. 9.48.090 WEAPONS. It is unlawful to possess any firearm, air gun, bow and arrow, B.B. gun or use any slingshot in any park; provided, this section shall not apply to law enforcement personnel or to recreation division employees and persons involved in City sponsored recreation activities acting and in accordance with City rules and regulations. Violation of any of the provisions of this section is a misdemeanor. 9.48.100 FEEDING ANIMALS. It is unlawful in any manner to feed any fowl, farm animals or wildlife, except at areas designated by the Director for such purposes. Violation of any of the provisions of this section constitutes an infraction. 9.48.120 COMMERCIAL ACTIVITY. It is unlawful to sell refreshments or merchandise or service, or conduct commercial solicitations in any park, without the permission of the Director, or without a concession contract with the city. Violation of any of the provisions of this section constitutes an infraction. 9.48.130 GROUPS OR ASSEMBLIES —SPECIAL EVENTS. City parks and recreational facilities shall be available for any group or assembly on a first come, first serve basis. However, the following activities require Special Event permits per Chapter 5.25 of this code: athletic, competitive or festival events; concerts, demonstrations (more than 50 people), outdoor music festivals and parades. 9.48.140 RESERVATION—APPLICATION. Reservations for most special events may be made by obtaining a written permit through the office of the Director. A reservation may be obtained by submitting a written application to the director's office, at least fourteen working days prior to the day of the intended use. The application shall contain such information as the Director shall deem necessary to insure compliance with all applicable laws and regulations. 9.48.150 RESERVATION APPLICATION- DENIAL. Applications will be denied, approved or approved with conditions within 5 calendar days of the receipt of said application. Denial of applications will be based on one or more of the following: A. The space had already been applied to for reservation at the time of the application submission, or; B. The event or assembly for which the reservation was sought would, because of its time, place or nature, obstruct or substantially interfere with the enjoyment and use by the general public; or C. The event or assembly for which a reservation was sought was in violation of any applicable ordinance, law or regulation. The Director shall have authority to approve a permit subject to the applicant meeting reasonable conditions consistent with this chapter and all city ordinances and policies as now existing or are hereafter amended. 9.48.160 PARKS AND RECREATION FACILITIES-FEE FOR USE. The Director is authorized to charge fees for the use of city park and recreation facilities as are established by city ordinances and policies as now exist or are hereafter amended. 9.48.170 PARKING FOR CERTAIN PURPOSES PROHIBITED. A. No person shall park any vehicle in any park for the principal purpose of: 1. Displaying of commercial or noncommercial signs; or 2. Displaying such vehicle for sale. B. No person shall park any vehicle in any park for the principal purpose of washing, greasing, or repairing such vehicle except repairs necessitated by an emergency. C. All parking shall be in designated areas only. D. Violation of any of the provisions of this section constitutes an infraction. 9.48.180 RESTRICTIONS ON VEHICLES. It is unlawful to ride or drive any motorcycle, motor vehicle, horse or pony over or through any park except along and upon the park drives, parkways, or designated parking areas, or to stand or park any vehicle, except in areas designated by the Director. Violation of any of the provisions of this section constitutes an infraction. 9.48.190 SKATEBOARDING. Unless otherwise posted, it is unlawful to use skateboards, in-line skates,roller skates, or bicycles on tennis courts and stages. It is unlawful to use skateboards, in-line skates, roller skates, or bicycles in any other area of a park if so posted. Violation of any of the provisions of this section constitutes an infraction. 9.48.200 NOISE. A. No person shall, without prior written approval of the Director or authorized parks department employee, cause or allow to be emitted noise in a park which: Exceeds the maximum permissible noise levels set forth in Chapter 9.61 of this code; including, but not limited to: 1. Any sound made by the unamplified human voice which emanates from a building, structure or property between the hours of 10:00 p.m. and 7:00 a.m. and is received within a residential district. 2. Any sound made by speaker sound amplifier or motor vehicle audio system exterior to the passenger sitting compartment of a motor vehicle on a public street or highway (anywhere within the right-of-right thereof) of a commercial radio station broadcast, or music from an audio tape cassette, compact disc, or other recording medium. 3. Any sound from a motor vehicle audio system such as tape players, radios, and compact disc players, operated at a volume and under conditions, so as to be audible greater than seventy-five (75) feet from the vehicle itself. 4. Any sound from portable audio equipment, such as a radio, tape player or compact disc player, which is operated at such a volume so as to be audible at a distance of seventy-five (75) feet or more from the source of the sound. B. Violation of any of the provisions of this section constitutes an infraction. 9.48.210 REMOTE CONTROL MODELS, HANG GLIDERS, HOT AIR BALLOONS. It is unlawful to operate any remote control and/or motorized model aircraft, rocket, watercraft or similar device in any park, or to launch or land any hang glider or hot air balloon, except at places set apart by the Director for such purposes or as authorized by a permit from the Director. Violation of any of the provisions of this section constitutes an infraction. 9.48.230 TRAIL USE. It is unlawful for any person to travel on a trail at a speed greater than is reasonable and prudent under the existing conditions and having regard to actual and potential hazards. In every event, speed shall be so controlled as may be necessary to avoid colliding with others who are complying with the law and using reasonable care. Violation of any of the provisions of this section constitutes an infraction. 9.48.240 GOLFING, BASEBALL, SWIMMING, ETC. It is unlawful to practice or play golf,baseball, cricket, lacrosse, polo, archery, hockey, or similar games employing hard or dangerous objects except at places set apart for such purposes. It is unlawful to swim in any area where signs prohibiting swimming are posted or within 100' of a public dock,ramp, intake structure or navigational aid. Violation of any of the provisions of this section constitutes an infraction. 9.48.250 LITTERING. No person shall leave, deposit, drop or scatter any bottles, broken glass, ashes, paper,plastic containers, cans or other rubbish, litter or refuse in any city park except in a garbage can or other receptacle designated for such purposes. Violation of any of the provisions of this section constitutes an infraction. 9.48.260 BUILDING FIRES. It is unlawful to build any fires in any park except in areas so designated. Violation of any of the provisions of this section constitutes an infraction. 9.48.270 OVERNIGHT CAMPING. Overnight camping is prohibited on park property except by written permission of the Director. A violation of this section is a civil infraction. 9.48.290 VIOLATION OF PARK RULES UNLAWFUL. It is unlawful to violate or fail to comply with any park rule or regulation duly adopted and posted. Unless otherwise provided, violation of any park rule or regulation duly adopted and posted constitutes an infraction. 9.48.3 10 PENALTY FOR VIOLATIONS. Unless otherwise provided, any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of a misdemeanor. Section 2. That PMC Chapter 10.92 "Traffic in City Parks" is hereby repealed in its entirety. Section 3. This ordinance shall take effect and be in force from five (5) days after its passage and publication as required by law. PAS ED by the City Council of the City of Pasco at a regular meeting this day of 2003. Michael L. Garrison, Mayor ATTEST: APPROVED AS TO FORM: Catherine D. Seaman, Deputy City Clerk Leland B. Kerr y Attorney