HomeMy WebLinkAbout4494 Ordinance - Omnibus 2 PMC Chapter 9.100ORDINANCE NO. 4494
AN OMNIBUS ORDINANCE OF THE CITY OF PASCO,
WASHINGTON, AMENDING SECTIONS 9.100.070, 9.100.100, 9.100.120,
9.100.130, 9.100.140, 9.100.150, 9.100.160, 9.100.170, 9.100.180, 9.100,190,
9.100.200, 9.100.220, 9.100.230, 9.100.260, AND 9.100.270; AND REPEALING
SECTION 9.100.240 OF THE PASCO MUNICIPAL CODE UPDATING AND
CLARIFYING PARK CODE PROVISIONS OF THE MUNICIPAL CODE
WHEREAS, the Municipal Code for the City of Pasco has recently undergone a
comprehensive re -codification and review for consistency and clarity of text; and
WHEREAS, in working through the re -codification and review, certain code provisions
were deemed to be in need of clarification so text was consistent with other provisions and intended
purposes were plainly understood.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Section 9.100.070, entitled "Posting signs" of the Pasco Municipal
Code, shall be and hereby is amended to read as follows:
9.100.070 Posting signs.
(1) 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.
(2) Provided, upon approval of the Director, temporary directional signs or decorations on
occasions of public celebration and picnics may be erected in City parks.
(3) Violation of any of the provisions of this section constitutes a class 3 civil infraction. [Ord.
3616 § 1, 2003; Code 1970 § 9.48.050.]
Section 2. That Section 9.100.100, entitled "Animals" of the Pasco Municipal Code,
shall be and hereby is amended to read as follows:
9.100.100 Animals.
(1) 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.
(2) 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
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prohibited, animals are permitted in a park if on a leash not greater than 10 feet in length, or
otherwise securely caged or securely restrained.
(3) The Director may ban dogs and other pets from areas of any park where the Director
determines it appropriate.
(4) 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.
(5) 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.
(6) Notwithstanding subsection (2) of this section, the Director may designate certain areas in
parks as allowing dogs and/or other pets to be off leash.
(7) Violation of any of the provisions of this section constitutes an class 3 civil infraction.
[Ord. 3616 § 1, 2003; Code 1970 § 9.48.080.]
Section 3. That Section 9.100.120, entitled "Feeding animals" of the Pasco Municipal
Code, shall be and hereby is amended to read as follows:
9.100.120 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
class 3 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.100.]
Section 4. That Section 9.100.130, entitled "Commercial activity" of the Pasco
Municipal Code, shall be and hereby is amended to read as follows:
9.100.130 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 class 2 civil infraction. [Ord. 3616
§ 1, 2003; Code 1970 § 9.48.120.]
Section 5. That Section 9.100.140, entitled "Parking for certain purposes prohibited"
of the Pasco Municipal Code, shall be and hereby is amended to read as follows:
9.100.140 Parking for certain purposes prohibited.
(1) No person shall park any vehicle in any park for the principal purpose of.
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(a) Displaying of commercial or noncommercial signs; or
(b) Displaying such vehicle for sale.
(2) 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.
(3) All parking shall be in designated areas only.
(4) Violation of any of the provisions of this section constitutes an class 3 civil infraction.
[Ord. 3616 § 1, 2003; Code 1970 § 9.48.170.]
Section 6. That Section 9.100.150, entitled "Restrictions on vehicles" of the Pasco
Municipal Code, shall be and hereby is amended to read as follows:
9.100.150 Restrictions on vehicles.
It is unlawful to ride or drive any motorcycle, motor vehicle, motorized foot scooter, horse or pony
over or through any park or on any trail except along and upon the park drives, parkways, or
designated parking areas and on such trails as may be designated for motor vehicle or equestrian
use, or to stand or park any vehicle, except in areas designated by the Director. This restriction
shall not apply to any disabled person utilizing an electric assisted bicycle, a power wheelchair or
a wheelchair conveyance as defined by RCW Title 46. Violation of any of the provisions of this
section constitutes an—class 2 civil infraction. [Ord. 3727 § 2, 2005; Ord. 3673 § 1, 2004; Ord.
3616 § 1, 2003; Code 1970 § 9.48.180.]
Section 7. That Section 9.100.160, entitled "Skateboarding" of the Pasco Municipal
Code, shall be and hereby is amended to read as follows:
9.100.160 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 class 3 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.190.]
Section 8. That Section 9.100.170, entitled "Noise" of the Pasco Municipal Code, shall
be and hereby is amended to read as follows:
9.100.170 Noise.
(1) 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 9.130 PMC; including, but not
limited to:
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(a) 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.
(b) 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.
(c) 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 75 feet from the vehicle itself.
(d) 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 75 feet
or more from the source of the sound.
(2) Violation of any of the provisions of this section constitutes an class 3 civil infraction.
[Ord. 3616 § 1, 2003; Code 1970 § 9.48.200.]
Section 9. That Section 9.100.180, entitled "Remote control models, hang gliders, hot
air balloons" of the Pasco Municipal Code, shall be and hereby is amended to read as follows:
9.100.180 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 class 2 civil infraction. [Ord. 3616 § 1, 2003;
Code 1970 § 9.48.210.]
Section 10. That Section 9.100.190, entitled "Trail use" of the Pasco Municipal Code,
shall be and hereby is amended to read as follows:
9.100.190 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 class 1 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.230.]
Section 11. That Section 9.100.200, entitled "Golfing, baseball, swimming, etc." of the
Pasco Municipal Code, shall be and hereby is amended to read as follows:
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9.100.200 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 feet of
a public dock, ramp, intake structure or navigational aid. Violation of any of the provisions of this
section constitutes an class 1 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.240.]
Section 12. That Section 9.100.220, entitled "Littering" of the Pasco Municipal Code,
shall be and hereby is amended to read as follows:
9.100.220 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 ait class 2 civil infraction. [Ord. 3616 § 1, 2003; Code 1970 § 9.48.250.]
Section 13. That Section 9.100.230, entitled `Building fires" of the Pasco Municipal
Code, shall be and hereby is amended to read as follows:
9.100.230 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 class 1 civil infraction. [Ord. 3616 § 1, 2003; Code 1970
§ 9.48.260.]
Section 14. That Section 9.100.240, entitled "Overnight camping" of the Pasco
Municipal Code, shall be and hereby is repealed.
•• • • • .• •
Section 15. That Section 9.100.260, entitled "Infraction penalties" of the Pasco
Municipal Code, shall be and hereby is amended to read as follows:
9.100.260 Infraction penalties.
Penalties for infractions included in this chapter shall be those penalty amounts as set forth in the
h4faetion Reales fer- GetH4s ef Limited ittrisdietion, Rule 6.2(d)(3), Paf-ks and Reer-eation, as
PMC
1.05.080. Anv infraction not otherwise specifically identified by class shall be a class 2 civil
infraction. [Code 1970 § 9.48.300.]
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Section 16. That Section 9.100.270, currently entitled "Penalty for violations" of the
Pasco Municipal Code, shall be and hereby is amended to read as follows:
9.100.270 Penalty for misdemeanor violations.
Unless othAny person found guilty of violating any of the provisions or- failing
of this chapter identified as a
misdemeanor shall be subject to punishments as provided in PMC 9.01.080. [Ord. 3616 § 1, 2003;
Ord. 3052 § 3, 1994; Ord. 1326 § 3, 1968; Code 1970 § 9.48.310.]
Section 17. This Ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law this 6th day of July, 2020.
Saul Martinez
Mayor
ATTEST: l
Debra Barham, CMC
City Clerk
Published: jt4lqZOZ G
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