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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.
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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