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Home My WebLink About2018-007 Parkways; YMC Amendment 13.16ORDINANCE NO. 2018-007 ORDINANCE amending the City of Yakima Municipal Code Title 13 Parks and Playgrounds, Chapter 13.16 Rules and Regulations WHEREAS, the City of Yakima has a number of properties owned by the City and operated and maintained by the Parks and Recreation Division that are not properties that people would generally consider parks; and WHEREAS, these properties, which consist of parkways, ballparks, and walking trails, are used for recreation by residents of the City; and WHEREAS, these places should be covered by the rules and regulations of parks, to be consistent with rules and regulations for recreational areas of the City; and WHEREAS, to provide that consistency it is necessary to define certain terms in the park rules and regulations ordinance to make more clear what properties are covered by the ordinance; and WHEREAS, the City Council finds that it is in the best interests of the residents of the City of Yakima to have more clear definitions in the parks rules and regulations ordinances of the City; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 13.16 of the City of Yakima Municipal Code is hereby amended to read as follows: Chapter 13.16 RULES AND REGULATIONS Sections: 13.16.005 Application of chapter. 13.16.008 Definitions 13.16.010 Vehicles prohibited on other than established way. 13.16.015 Pedestrian right-of-way. 13.16.020 Removing or damaging plantings prohibited. 13.16.030 Defacing and injuring property prohibited. 13.16.040 Breaking glass prohibited. 13.16.050 Fires allowed only in prepared places. 13.16.060 Posting of signs and circulars prohibited. 13.16.065 Advertising within city parks authorized —Restrictions. 13.16.070 Intoxicating liquor regulated —Exceptions. 13.16.075 Smoking prohibited. 13.16.080 Trash to be placed in receptacles —Toilets not to be defaced. 13.16.090 Prohibiting vehicles in parks —Exceptions. 13.16.095 Prohibiting horses, mules, ponies and donkeys in parks —Exceptions and permits. 13.16.100 Public assembly regulated. 13.16.110 Animals prohibited from running at large. 13.16.115 Public areas where restraint of a dog is not required. 13.16.120 Firearms prohibited —Throwing prohibited. 13.16.130 Molesting birds and animals prohibited. 13.16.145 Hazardous and commercial activities prohibited —Regulations. 13.16.149 Additional rules and regulations. 13.16.150 Penalty for violations. 13.16.160 Exclusion from city parks. 13.16.170 Misuse of playground apparatuses, park equipment, water playground features or other park facilities prohibited. 13.16.180 Interfering with division personnel prohibited. 13.16.005 Application of chapter. Unless provided otherwise herein, the rules and regulations of this chapter shall apply to the government, management, and use of all city parks and playgrounds in the city of Yakima. (Ord. 2013-041 § 1 (part), 2013: Ord. 94-56 § 1, 1994: Ord. B-1381 § 1, 1952). 13.16.008 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. 13.16.010 Vehicles prohibited on other than established way. No vehicle shall enter, drive within, or leave any park or playground by other than the established way. (Ord. 2013-041 § 1 (part), 2013: Ord. B-1381, rule 1, 1952). 13.16.015 Pedestrian right-of-way. (1) At all times and at all locations within any park, pedestrians shall enjoy the right-of- way over any motorized or unmotorized vehicle, bicycle, tricycle, animal, skates, or skateboard. (2) A violation of this section shall constitute a civil infraction for which a monetary penalty may be assessed in the amount of two hundred fifty dollars. Each separate day, or portion thereof, during which any violation occurs shall constitute a separate violation. (Ord. 2013-041 § 1 (part), 2013: Ord. 2007-10 § 1, 2007). 13.16.020 Removing or damaging plantings prohibited. No person shall pick, cut, break or take, or in any way injure, any flower, plant, shrub or tree in any park or playground. (Ord. 2013-041 § 1 (part), 2013: Ord. B-1381, rule 2, 1952). 13.16.030 Defacing and injuring property prohibited. No person shall cut, break, mark upon, or in any way injure or deface any of the buildings, seats, fences, gates or other property in any park or playground. (Ord. 2013- 041 § 1 (part), 2013: Ord. B-1381, rule 3, 1952). 13.16.040 Breaking glass prohibited. No person shall throw or break bottles or break glass of any kind in any park or playground, but same must be placed in receptacles provided for such purposes. (Ord. 2013-041 § 1 (part), 2013: Ord. B-1381, rule 4, 1952). 13.16.050 Fires allowed only in prepared places. No campfires or other outdoor or open fires shall be lighted or made anywhere in any park or playground, except in places prepared for such purposes. (Ord. 2013-041 § 1 (part), 2013: Ord. B-1381, rule 5, 1952). 13.16.060 Posting of signs and circulars prohibited. Except as otherwise permitted by this chapter, no person shall post, paint, or affix any placard, bill, notice, sign or advertisement in any park, playground or parkway. (Ord. 2013-041 § 1 (part), 2013: Ord. 3353 § 1, 1991: Ord. 2531 § 6, 1981: Ord. B-1381, rule 6, 1952). 13.16.065 Advertising within city parks authorized —Restrictions. The public works director or his designee is authorized to lease or to enter into contracts with a commercial advertiser for the purposes of leasing advertising space within any city of Yakima ball park. Such leases shall comply with the following restrictions: 1. Space shall be leased at or about market rate for similar advertising space. The market rate for similar advertising space shall be determined by the parks and recreation manager. 2. Each lease shall be for a period not to exceed three years and shall be renewable thereafter. 3. The space leased shall not be used for the purposes of advertising alcoholic beverages or tobacco products. 4. The director of public works may include in each lease such additional provisions as are necessary to implement this activity and which are necessary to maintain the safety and integrity of the city of Yakima parks. (Ord. 2013-041 § 1 (part), 2013: Ord. 2004-21 § 1, 2004: Ord. 3353 § 2, 1991). 13.16.070 Intoxicating liquor regulated —Exceptions. No intoxicating liquor or alcoholic beverage of any kind or nature shall be possessed, consumed or brought within the limits of any city park, city playground, or any property owned, operated and/or managed by the Yakima Greenway Foundation and its successors and assigns within the boundaries of the city of Yakima, except for the following: (a) For any event not constituting a special event subject to Chapter 9.70 YMC, intoxicating liquor or alcoholic beverages may be possessed, consumed or sold pursuant to applicable city park permit and a valid permit issued by the Washington State Liquor Control Board at Sarg Hubbard Park, Sherman Park, the Gateway Sports Complex at Kiwanis Park, Fisher Park Golf Course, and/or the Harman Center at Gailleon Park. (b) For any event constituting a special event subject to Chapter 9.70 YMC, intoxicating liquor or alcoholic beverages may be possessed, consumed or sold in any city park pursuant to the terms and conditions of such special event permit issued pursuant to Chapter 9.70 YMC. (Ord. 2013-041 § 1 (part), 2013: Ord. 2013-016 § 1 (Exh. A), 2013: Ord. 2012-09 § 2, 2012: Ord. 2004-50 § 1, 2004: Ord. 2004-18 § 1, 2004: Ord. 94-56 § 2, 1994: Ord. 2906 § 1, 1985: Ord. 2675 § 1, 1983: Ord. B-1381, rule 7, 1952). 13.16.075 Smoking prohibited. A. It is unlawful for any person to smoke or light cigars, cigarettes, tobacco, or other smoking material within twenty-five feet of any city playground area. B. For the purposes of this section, "smoke" or "smoking" means the carrying, holding, or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment. C. A violation of this section is a civil infraction punishable by a fine of one hundred dollars, not including any statutory assessments. This penalty is in addition to any other remedies or penalties as provided by law. (Ord. 2013-041 § 1 (part), 2013). 13.16.080 Trash to be placed in receptacles —Toilets not to be defaced. No papers, boxes, food, litter, trash or material of any kind shall be thrown on the grass, walks or driveways, but the same must be placed in the receptacles provided for that purpose. The comfort stations and toilets shall not be defaced nor improperly used, nor the plumbing thereof obstructed or injured. (Ord. 2013-041 § 1 (part), 2013: Ord. B-1381, rule 8, 1952). 13.16.090 Prohibiting vehicles in parks —Exceptions. It shall be unlawful for any person to ride, drive or otherwise operate, or park any automobile, motor -driven cycle, motorized foot scooter or other vehicle in or on any city park pathways or playground, except within areas specifically provided and marked to accommodate driving or of parking such vehicles; provided, this prohibition shall not apply to motorized vehicles specifically manufactured or designed for the transportation of a physically or medically impaired wheelchair -bound person, nor shall this prohibition apply to city employees, agents and contractors in repairing, maintaining or performing construction work on park property in the course of their employment or pursuant to a contract with the city. (Ord. 2013-041 § 1 (part), 2013: Ord. 2004-19 § 1, 2004: Ord. 2180 § 1, 1978: Ord. B-1381, rule 9, 1952). 13.16.095 Prohibiting horses, mules, ponies and donkeys in parks —Exceptions and permits. A. It is unlawful for any person to ride, drive, stand, graze or otherwise allow any horse, donkey, mule or pony in or on any city parkway, park or playground. B. Such animals shall be allowed within the limits of any city parkway, park or playground specifically provided and marked to accommodate such animals. C. Such animals may be allowed within the limits of any city parkway, park or playground by written permit issued by the parks and recreation manager for carriage rides and sleigh rides. Any person applying for such permit shall make written application to the parks and recreation manager at least ten days prior to the event for which a permit is sought. The application shall contain the following information: the name and address of the person requesting the permit, the date, time, place and nature of the event for which a permit is sought, whether the event is private or commercial, and any information which the parks and recreation manager deems necessary to protect city property or the health and safety of the public. The parks and recreation manager may issue such permit to any applicant; provided, that prior to issuance such applicant shall file with the parks and recreation manager a certificate of insurance in the amount of at least five hundred thousand dollars combined single limit liability for bodily injury and property damage with the city of Yakima, its officers, employees and agents as named insureds. Such permit shall include conditions to protect the general public and public property, including but not limited to a condition for snow cover and frozen turf to protect parks and playgrounds from sleighs, a condition that animals used to pull such sleighs and carriages shall be under the immediate control of the permittee, a condition that permittees shall properly dispose of all debris and waste resulting from the permitted use and permittees shall repair all damages caused by the permitted use of the parks, playgrounds and parkways. Uses permitted under Chapter 9.70 of this code are exempt from this section. It is unlawful to violate any conditions of a permit issued under this section. (Ord. 2013- 041 § 1 (part), 2013: Ord. 3073 § 1, 1988: Ord. 2181 § 1, 1978). 13.16.100 Public assembly regulated. Except for events held under the auspices of the department of parks and recreation, no persons shall conduct or engage in any event calculated to attract a large concourse of people, nor shall any person participate in a public assembly, in any park or playground without a written park use permit issued by the director of parks and recreation. Application for such a permit shall be made to the director on forms furnished by him for that purpose, and shall contain all information called for on such forms as deemed necessary by the director to enable him to perform his duties in regulating the use of parks and playgrounds. Upon proper application being made, the director shall issue a park use permit unless: (1) The event or assembly for which the permit is sought would obstruct or substantially interfere with recreational or other park use and enjoyment by the general public; (2) The place, date and time of the event or assembly for which a permit is sought had previously been scheduled by the department, or allocated by permit, for some other event; (3) The event or assembly for which a permit is sought is solely of a private or commercial nature; or (4) The event or assembly for which a permit is sought has for its purpose the violation of criminal law. No persons shall conduct or engage in any event calculated to attract a large concourse of people, nor shall any person participate in a public assembly in any parkway without a right-of-way use permit or special event permit. (Ord. 2013-041 § 1 (part), 2013: Ord. 1184 § 2, 1969: Ord. B-1381, rule 10, 1952). 13.16.110 Animals prohibited from running at large. Except as provided in YMC 13.16.115, no cattle, horses, dogs or other animals shall be turned into, or allowed to run at large in, any park, playground or parkway, nor shall any dog or other animal be permitted to enter any pool or water of any park. All dogs brought into any park or playground must be held on leash. (Ord. 2015-023 § 1, 2015: Ord. 2013-041 § 1 (part), 2013: Ord. B-1381, rule 11, 1952). 13.16.115 Public areas where restraint of a dog is not required. An owner or handler may accompany a dog without a leash as otherwise required by this chapter in the following places: A. Randall Park —Dog Park. Fenced and designated area, south of Wide Hollow Creek, near South 48th Avenue; B. Any area designated by the director of the parks and recreation department. Provided that the dog has not been declared a potentially dangerous dog or a dangerous dog pursuant to Chapter 6.20 of the city of Yakima Municipal Code and is under the control of the owner or handler at all times. The owner or handler shall not allow a dog to damage park property, enter areas off limits to pets, fight with other dogs, and/or harass, threaten or injure a person or animal. Any animal in any park in violation of this section may be impounded, at the expense of the animal's owner, on the order of any animal control or police officer. The prohibitions of this chapter do not apply to service animals while performing their qualifying services, or to animals in the course of official police or rescue activities. (Ord. 2015-023 § 2, 2015). 13.16.120 Firearms prohibited —Throwing prohibited. No person shall throw stones or other missiles in any park or playground, or into the waters of any pool, wading pool or swimming pool. (Ord. 2013-041 § 1 (part), 2013: Ord. 2009-19 § 1, 2009: Ord. B-1381, rule 12, 1952). 13.16.130 Molesting birds and animals prohibited. No person shall molest or attempt to touch any bird or animal in any park. (Ord. 2013-041 § 1 (part), 2013: Ord. B-1381, rule 13, 1952). 13.16.145 Hazardous and commercial activities prohibited —Regulations. A. Hazardous Activities. No person shall engage in any activity in any park or playground involving a manifest hazard to the general public or to other persons using, or in the vicinity of, such park or playground, including, but not limited to, such activities as golfing, archery, flying or self-propelled model airplanes (except rubber -band powered model airplanes) and other activities of similar nature, except in areas specifically designated by the director of parks and recreation for such purpose, without first obtaining written permission of the director to engage in such activities. B. Commercial Activities. No person shall sell or offer for sale in any park or playground any goods, wares, refreshments, or other articles, nor sell, expose for sale, or take or solicit orders for future delivery of photographs in any playground, without the written permit of the director of parks and recreation. C. Permit. The director of parks and recreation may issue permits to regulate activities otherwise prohibited by subsections A and B of this section only when the activity is to be carried out by an applicant which exhibits proof to the director that the applicant has complied with all licensing and permit regulations and other laws and regulations applicable to the activity for which a permit is sought, and only when the activity for which a permit is sought will not interfere with recreational or other park use and enjoyment by the general public. Commercial activities in a parkway require a right-of-way use permit. (Ord. 2013-041 § 1 (part), 2013: Ord. 1184 § 3, 1969: Ord. 387 § 1, 1962: Ord. 357 § 1, 1962). 13.16.149 Additional rules and regulations. The parks and recreation commission is authorized to adopt further rules and regulations, consistent with and to administer the provisions of this chapter, affecting the control and use of parks and playgrounds. (Ord. 2013-041 § 1 (part), 2013: Ord. 1184 § 6, 1969). 13.16.150 Penalty for violations. It is unlawful for any person to violate or fail to comply with any rule or regulation provided for in this chapter. Unless otherwise specified, any person convicted of violating or of failing to comply with any rule or regulation provided for in this chapter shall be punished by a fine of not more than two hundred fifty dollars or by imprisonment in the city jail facility for a term not to exceed ninety days or by both such fine and imprisonment. (Ord. 2013-041 § 1 (part), 2013: Ord. 93-69 § 1, 1993: Ord. 1533 § 7, 1973: Ord. 1184 § 4, 1969: Ord. B-1381 § 2, 1952). 13.16.160 Exclusion from city parks. A. Notification of Exclusion. In addition to other penalties that may be imposed by law for the violation of the posted rules and regulations and/or the commission of other offenses in city of Yakima parks, Yakima police officers and the parks and recreation manager, or his/her designee, are authorized to exclude from city parks an individual who they have probable cause to believe has committed a crime or infraction while in a city of Yakima park. The notice of exclusion shall be in writing and shall inform the affected person of the reason for the exclusion, referencing a police report incident number is sufficient, the period of exclusion, and that failure to comply with the notice of exclusion shall be grounds for criminal prosecution. Service of the notice of exclusion may be accomplished by personal service or by mailing a copy, addressed to the person's last known address, by certified and regular United States mail. Unless otherwise specified on the notice, the period of exclusion shall take effect immediately upon actual or constructive receipt of the notice by the person being excluded. A person may not defeat the effectiveness of a notice of exclusion by refusing to accept the notice. Receipt of the notice of exclusion is construed to have been accomplished five days after the notice is placed in the U.S. mail. Failure to immediately comply with a notice of exclusion may subject the violator to prosecution for criminal trespass. B. Appeal. A person who has been excluded from city parks, as described in subsection A of this section, may submit a written request for a review of the exclusion. The request must be postmarked by the United States Postal Service or received by the city clerk within ten calendar days after the effective date of the exclusion. Upon receiving a timely request, the appointed hearings examiner shall conduct a hearing in which the city may present evidence supporting the exclusion, including but not limited to evidence that the notice of exclusion procedures were followed, and that at the time of the exclusion there was probable cause to believe a crime or infraction was committed in a city park by the excluded individual. The excluded party may present evidence as to why the exclusion was improper or should be reduced in time. This may be done by phone or in person at a time and location determined by the appointed hearings examiner. Within ten calendar days following the hearing, the appointed hearings examiner shall issue a written decision affirming, modifying or terminating the exclusion. The appointed hearings examiner's decision shall be final. C. Savings. If any section, subsection, paragraph, sentence, clause or phrase of this section is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this section. (Ord. 2013-041 § 1 (part), 2013: Ord. 2011-48 § 1, 2011). 13.16.170 Misuse of playground apparatuses, park equipment, water playground features or other park facilities prohibited. No person shall in any manner use any of the playground apparatuses, park equipment, water playground features or other park facilities for any purpose other than their intended purpose. (Ord. 2017-006 § 1, 2017). 13.16.180 Interfering with division personnel prohibited. No person shall interfere with or in any manner hinder any employee or authorized volunteer of the park and recreation division while the employee or authorized volunteer is engaged in constructing, repairing, maintaining or caring for any park property, equipment, or facilities. (Ord. 2017-006 § 2, 2017). Section 2. Severability. If any section, subsection, paragraph, sentence or clause of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of the ordinance. Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 6th day of March, 2018. ATTEST: �Kathy Coffey, \n1 A Sonya C a_ r Tee, City Clerk r c' Publication Date: March 9, 2018 Effective Date: April 8, 2018 �t c;, S; i,N 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 10. For Meeting of: March 6, 2018 ITEM TITLE: Ordinances regarding parkways; YMC 13.16 Rules and Regulations and YMC 13.20 Park Curfew SUBMITTED BY: Ken Wilkinson, Park and Recreation Manager Sara Watkins, Senior Assistant City Attorney SUMMARY EXPLANATION: In late 2017, City Council requested that the park rules and regulations and curfew ordinances be changed to include Naches Parkway as a park. Tonight staff presents a draft for Council consideration to create a section in both the rules and regulations and curfew ordinances that defined the terms "park," "parkway," "ballpark" and "playground." These proposed changes state that all of these types of recreation facilities are considered "parks" for purposes of the rules and regulations, as well as for purposes of the park curfew. To be consistent with right-of-way use permit requirements for property within the City's right-of- way, such as the parkway, it was also clarified that permits for activities on parkways would need to be done through the right-of-way use permitting requirements in YMC 8.20, not the park and recreation permit process. This ordinance does not declare that the Naches Parkway, or any other parkway, trail, or pathway is specifically a "park" but it does provide definitions that may aid City staff in enforcing the park rules and curfew on all parks -maintained property in the City. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: No NA Pass Ordinances 2 BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date D Ordinance re YMC 13.16 - track changes 2/13/2018 D Ordinance re YMC 13.16 - Final 2/13/2018 Et Ordinance re YMC 13.20 - track changes 2/13/2018 D Ordinance re YMC 13.20 - Final 2/13/2018 Type Ordinance adinance 0dinance Ordinance ORDINANCE NO. 2018- ORDINANCE amending the City of Yakima Municipal Code Title 13 Parks and Playgrounds, Chapter 13 16 Rules and Regulations WHEREAS, the City of Yakima has a number of properties owned by the City and operated and maintained by the Parks and Recreation Division that are not properties that people would generally consider parks, and WHEREAS, these properties, which consist of parkways, ballparks, and walking trails, are used for recreation by residents of the City, and WHEREAS, these places should be covered by the rules and regulations of parks, to be consistent with rules and regulations for recreational areas of the City, and WHEREAS, to provide that consistency it is necessary to define certain terms in the park rules and regulations ordinance to make more clear what properties are covered by the ordinance, and WHEREAS, the City Council finds that it is in the best interests of the residents of the City of Yakima to have more clear definitions in the parks rules and regulations ordinances of the City, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 13 16 of the City of Yakima Municipal Code is hereby amended to read as follows Chapter 13 16 RULES AND REGULATIONS Sections 13 16 005 Application of chapter 13 16 008 Definitions 13 16 010 Vehicles prohibited on other than established way 13 16 015 Pedestrian right-of-way 13 16.020 Removing or damaging plantings prohibited 13 16 030 Defacing and injuring property prohibited 13 16 040 Breaking glass prohibited 13 16 050 Fires allowed only in prepared places. 13 16 060 Posting of signs and circulars prohibited 13 16 065 Advertising within city parks authorized —Restrictions. 13 16 070 Intoxicating liquor regulated —Exceptions. 13 16 075 Smoking prohibited 13 16 080 Trash to be placed in receptacles —Toilets not to be defaced 13 16 090 Prohibiting vehicles in parks —Exceptions 13 16 095 Prohibiting horses, mules, ponies and donkeys in parks —Exceptions and permits 13 16 100 Public assembly regulated 13 16 110 Animals prohibited from running at large 13 16 115 Public areas where restraint of a dog is not required 13 16 120 Firearms prohibited —Throwing prohibited 13 16 130 Molesting birds and animals prohibited. 13.16.145 Hazardous and commercial activities prohibited —Regulations. 13.16.149 Additional rules and regulations 13 16.150 Penalty for violations 13 16.160 Exclusion from city parks 13.16.170 Misuse of playground apparatuses, park equipment, water playground features or other park facilities prohibited 13.16.180 Interfering with division personnel prohibited. 13.16.005 Application of chapter. Unless provided otherwise herein, the rules and regulations of this chapter shall apply to the government, management, and use of all city parks and playgrounds in the city of Yakima (Ord. 2013-041 § 1 (part), 2013 Ord 94-56 § 1, 1994 Ord B-1381 § 1, 1952). 13.16.008 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 compnsinq 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 volle_yball or football. areplayed 13.16.010 Vehicles prohibited on other than established way. No vehicle shall enter, drive within, or leave any park or playground by other than the established way (Ord 2013-041 § 1 (part), 2013 Ord. B I1381, rule 1, 1952) 13.16.015 Pedestrian right-of-way. (1) At all times and at all locations within any park, pedestrians shall enjoy the right-of- way over any motorized or unmotorized vehicle, bicycle, tricycle, animal, skates, or skateboard. (2) A violation of this section shall constitute a civil infraction for which a monetary penalty may be assessed in the amount of two hundred fifty dollars Each separate day, or portion thereof, during which any violation occurs shall constitute a separate violation (Ord. 2013-041 § 1 (part), 2013 Ord 2007-10 § 1, 2007) 13.16.020 Removing or damaging plantings prohibited. No person shall pick, cut, break or take, or in any way injure, any flower, plant, shrub or tree in any park or playground (Ord 2013-041 § 1 (part), 2013. Ord B-1381, rule 2, 1952) 13.16.030 Defacing and injuring property prohibited. No person shall cut, break, mark upon, or in any way injure or deface any of the buildings, seats, fences, gates or other property in any park or playground (Ord 2013- 041 § 1 (part), 2013 Ord B-1381, rule 3, 1952) 13.16.040 Breaking glass prohibited. No person shall throw or break bottles or break glass of any kind in any park or playground, but same must be placed in receptacles provided for such purposes (Ord 2013-041 § 1 (part), 2013 Ord BM1381, rule 4, 1952) 13 16 050 Fires allowed only in prepared places. No campfires or other outdoor or open fires shall be lighted or made anywhere in any park or playground, except in places prepared for such purposes (Ord 2013-041 § 1 (part), 2013. Ord BI1381, rule 5, 1952) 13.16.060 Posting of signs and circulars prohibited. Except as otherwise permitted by this chapter, no person shall post, paint, or affix any placard, bill, notice, sign or advertisement in any park, playground or parkway (Ord 2013-041 § 1 (part), 2013 Ord 3353 § 1, 1991 Ord 2531 § 6, 1981 Ord B-1381, rule 6, 1952) 13.16.065 Advertising within city parks authorized —Restrictions. The public works director or his designee is authorized to lease or to enter into contracts with a commercial advertiser for the purposes of leasing advertising space within any city of Yakima ball park. Such leases shall comply with the following restrictions 1 Space shall be leased at or about market rate for similar advertising space The market rate for similar advertising space shall be determined by the parks and recreation manager 2 Each lease shall be for a period not to exceed three years and shall be renewable thereafter 3 The space leased shall not be used for the purposes of advertising alcoholic beverages or tobacco products 4 The director of public works may include in each lease such additional provisions as are necessary to implement this activity and which are necessary to maintain the safety and integrity of the city of Yakima parks (Ord 2013-041 § 1 (part), 2013 Ord 2004-21 § 1, 2004 Ord 3353 § 2, 1991) 13.16.070 Intoxicating liquor regulated —Exceptions. No intoxicating liquor or alcoholic beverage of any kind or nature shall be possessed, consumed or brought within the limits of any city park, city playground, or any property owned, operated and/or managed by the Yakima Greenway Foundation and its successors and assigns within the boundaries of the city of Yakima, except for the following (a) For any event not constituting a special event subject to Chapter 9 70 YMC, intoxicating liquor or alcoholic beverages may be possessed, consumed or sold pursuant to applicable city park permit and a valid permit issued by the Washington State Liquor Control Board at Sarg Hubbard Park, Sherman Park, the Gateway Sports Complex at Kiwanis Park, Fisher Park Golf Course, and/or the Harman Center at Gailleon Park (b) For any event constituting a special event subject to Chapter 9 70 YMC, intoxicating liquor or alcoholic beverages may be possessed, consumed or sold in any city park pursuant to the terms and conditions of such special event permit issued pursuant to Chapter 9.70 YMC (Ord 2013-041 § 1 (part), 2013. Ord 2013-016 § 1 (Exh A), 2013. Ord. 2012-09 § 2, 2012 Ord 2004-50 § 1, 2004. Ord 2004-18 § 1, 2004 Ord 94-56 § 2, 1994: Ord 2906 § 1, 1985 Ord 2675 § 1, 1983 Ord B-1381, rule 7, 1952) 13.16.075 Smoking prohibited. A. It is unlawful for any person to smoke or light cigars, cigarettes, tobacco, or other smoking material within twenty-five feet of any city playground area. B. For the purposes of this section, "smoke" or "smoking" means the carrying, holding, or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment. C A violation of this section is a civil infraction punishable by a fine of one hundred dollars, not including any statutory assessments This penalty is in addition to any other remedies or penalties as provided by law (Ord 2013-041 § 1 (part), 2013) 13.16.080 Trash to be placed in receptacles —Toilets not to be defaced. No papers, boxes, food, litter, trash or material of any kind shall be thrown on the grass, walks or driveways, but the same must be placed in the receptacles provided for that purpose. The comfort stations and toilets shall not be defaced nor improperly used, nor the plumbing thereof obstructed or injured. (Ord. 2013-041 § 1 (part), 2013 Ord. B-1381, rule 8, 1952). 13.16.090 Prohibiting vehicles in parks —Exceptions. It shall be unlawful for any person to ride, drive or otherwise operate, or park any automobile, motor -driven cycle, motorized foot scooter or other vehicle in or on any city park pathways or playground, except within areas specifically provided and marked to accommodate driving or of parking such vehicles, provided, this prohibition shall not apply to motorized vehicles specifically manufactured or designed for the transportation of a physically or medically impaired wheelchair -bound person, nor shall this prohibition apply to city employees, agents and contractors in repairing, maintaining or performing construction work on park property in the course of their employment or pursuant to a contract with the city (Ord 2013-041 § 1 (part), 2013. Ord. 2004-19 § 1, 2004 Ord 2180 § 1, 1978: Ord. B-1381, rule 9, 1952) 13.16.095 Prohibiting horses, mules, ponies and donkeys in parks —Exceptions and permits. A It is unlawful for any person to ride, drive, stand, graze or otherwise allow any horse, donkey, mule or pony in or on any city boulevardparkway, park or playground B Such animals shall be allowed within the limits of any city boulevardparkway, park or playground specifically provided and marked to accommodate such animals C. Such animals may be allowed within the limits of any city ooulevardparkway, park or playground by written permit issued by the parks and recreation manager for carriage rides and sleigh rides. Any person applying for such permit shall make written application to the parks and recreation manager at least ten days prior to the event for which a permit is sought. The application shall contain the following information. the name and address of the person requesting the permit, the date, time, place and nature of the event for which a permit is sought, whether the event is private or commercial, and any information which the parks and recreation manager deems necessary to protect city property or the health and safety of the public. The parks and recreation manager may issue such permit to any applicant; provided, that prior to issuance such applicant shall file with the parks and recreation manager a certificate of insurance in the amount of at least five hundred thousand dollars combined single limit liability for bodily injury and property damage with the city of Yakima, its officers, employees and agents as named insureds Such permit shall include conditions to protect the general public and public property, including but not limited to a condition for snow cover and frozen turf to protect parks and playgrounds from sleighs, a condition that animals used to pull such sleighs and carriages shall be under the immediate control of the permittee, a condition that permittees shall properly dispose of all debris and waste resulting from the permitted use and permittees shall repair all damages caused by the permitted use of the parks, playgrounds and boulevardsparkways Uses permitted under Chapter 9 70 of this code are exempt from this section It is unlawful to violate any conditions of a permit issued under this section. (Ord 2013- 041 § 1 (part), 2013 Ord 3073 § 1, 1988 Ord 2181 § 1, 1978). 13.16.100 Public assembly regulated. Except for events held under the auspices of the department of parks and recreation, no persons shall conduct or engage in any event calculated to attract a large concourse of people, nor shall any person participate in a public assembly, in any park or playground without a written park use permit issued by the director of parks and recreation. Application for such a permit shall be made to the director on forms furnished by him for that purpose, and shall contain all information called for on such forms as deemed necessary by the director to enable him to perform his duties in regulating the use of parks and playgrounds Upon proper application being made, the director shall issue a park use permit unless (1) The event or assembly for which the permit is sought would obstruct or substantially interfere with recreational or other park use and enjoyment by the general public; (2) The place, date and time of the event or assembly for which a permit is sought had previously been scheduled by the department, or allocated by permit, for some other event, (3) The event or assembly for which a permit is sought is solely of a private or commercial nature, or (4) The event or assembly for which a permit is sought has for its purpose the violation of criminal law No persons shall conduct or engage in any event calculated to attract a large concourse of people, nor shall any person participate in a public assembly in any parkway without a right-of-way use permit or special event permit (Ord 2013-041 § 1 (part), 2013: Ord. 1184 § 2, 1969: Ord. B-1381, rule 10, 1952) 13.16.110 Animals prohibited from running at large. Except as provided in YMC 13.16.115, no cattle, horses, dogs or other animals shall be turned into, or allowed to run at large in, any park, playground or parkway, nor shall any dog or other animal be permitted to enter any pool or water of any park. All dogs brought into any park or playground must be held on leash (Ord 2015-023 § 1, 2015: Ord 2013-041 § 1 (part), 2013 Ord B-1381, rule 11, 1952) 13.16.115 Public areas where restraint of a dog is not required. An owner or handler may accompany a dog without a leash as otherwise required by this chapter in the following places A Randall Park —Dog Park Fenced and designated area, south of Wide Hollow Creek, near South 48th Avenue; B Any area designated by the director of the parks and recreation department Provided that the dog has not been declared a potentially dangerous dog or a dangerous dog pursuant to Chapter 6 20 of the city of Yakima Municipal Code and is under the control of the owner or handler at all times The owner or handler shall not allow a dog to damage park property, enter areas off limits to pets, fight with other dogs, and/or harass, threaten or injure a person or animal. Any animal in any park in violation of this section may be impounded, at the expense of the animal's owner, on the order of any animal control or police officer The prohibitions of this chapter do not apply to service animals while performing their qualifying services, or to animals in the course of official police or rescue activities (Ord 2015-023 § 2, 2015) 13.16.120 Firearms prohibited —Throwing prohibited. No person shall throw stones or other missiles in any park or playground, or into the waters of any pool, wading pool or swimming pool (Ord 2013-041 § 1 (part), 2013: Ord 2009-19 § 1, 2009: Ord. B-1381, rule 12, 1952) 13.16.130 Molesting birds and animals prohibited. No person shall molest or attempt to touch any bird or animal in any park (Ord 2013-041 § 1 (part), 2013 Ord B-1381, rule 13, 1952) 13.16.145 Hazardous and commercial activities prohibited —Regulations. A. Hazardous Activities No person shall engage in any activity in any park or playground involving a manifest hazard to the general public or to other persons using, or in the vicinity of, such park or playground, including, but not limited to, such activities as golfing, archery, flying or self-propelled model airplanes (except rubber -band powered model airplanes) and other activities of similar nature, except in areas specifically designated by the director of parks and recreation for such purpose, without first obtaining written permission of the director to engage in such activities B Commercial Activities No person shall sell or offer for sale in any park or playground any goods, wares, refreshments, or other articles, nor sell, expose for sale, or take or solicit orders for future delivery of photographs in any playground, without the written permit of the director of parks and recreation C. Permit. The director of parks and recreation may issue permits to regulate activities otherwise prohibited by subsections A and B of this section only when the activity is to be carried out by an applicant which exhibits proof to the director that the applicant has complied with all licensing and permit regulations and other laws and regulations applicable to the activity for which a permit is sought, and only when the activity for which a permit is sought will not interfere with recreational or other park use and enjoyment by the general public. Commercial activities in a parkway require a right-of-way use permit (Ord 2013-041 § 1 (part), 2013: Ord. 1184 § 3, 1969 Ord 387 § 1, 1962 Ord 357 § 1, 1962) 13.16.149 Additional rules and regulations. The parks and recreation commission is authorized to adopt further rules and regulations, consistent with and to administer the provisions of this chapter, affecting the control and use of parks and playgrounds. (Ord. 2013-041 § 1 (part), 2013 Ord 1184 § 6, 1969) 13.16.150 Penalty for violations. It is unlawful for any person to violate or fail to comply with any rule or regulation provided for in this chapter Unless otherwise specified, any person convicted of violating or of failing to comply with any rule or regulation provided for in this chapter shall be punished by a fine of not more than two hundred fifty dollars or by imprisonment in the city jail facility for a term not to exceed ninety days or by both such fine and imprisonment. (Ord. 2013-041 § 1 (part), 2013: Ord. 93-69 § 1, 1993: Ord. 1533 § 7, 1973: Ord. 1184 § 4, 1969: Ord. B-1381 § 2, 1952). 13.16.160 Exclusion from city parks. A Notification of Exclusion In addition to other penalties that may be imposed by law for the violation of the posted rules and regulations and/or the commission of other offenses in city of Yakima parks, Yakima police officers and the parks and recreation manager, or his/her designee, are authorized to exclude from city parks an individual who they have probable cause to believe has committed a crime or infraction while in a city of Yakima park. The notice of exclusion shall be in writing and shall inform the affected person of the reason for the exclusion, referencing a police report incident number is sufficient, the period of exclusion, and that failure to comply with the notice of exclusion shall be grounds for criminal prosecution. Service of the notice of exclusion may be accomplished by personal service or by mailing a copy, addressed to the person's last known address, by certified and regular United States mail. Unless otherwise specified on the notice, the period of exclusion shall take effect immediately upon actual or constructive receipt of the notice by the person being excluded A person may not defeat the effectiveness of a notice of exclusion by refusing to accept the notice Receipt of the notice of exclusion is construed to have been accomplished five days after the notice is placed in the U S mail Failure to immediately comply with a notice of exclusion may subject the violator to prosecution for criminal trespass B. Appeal. A person who has been excluded from city parks, as described in subsection A of this section, may submit a written request for a review of the exclusion,. The request must be postmarked by the United States Postal Service or received by the city clerk within ten calendar days after the effective date of the exclusion Upon receiving a timely request, the appointed hearings examiner shall conduct a hearing in which the city may present evidence supporting the exclusion, including but not limited to evidence that the notice of exclusion procedures were followed, and that at the time of the exclusion there was probable cause to believe a crime or infraction was committed in a city park by the excluded individual The excluded party may present evidence as to why the exclusion was improper or should be reduced in time This may be done by phone or in person at a time and location determined by the appointed hearings examiner Within ten calendar days following the hearing, the appointed hearings examiner shall issue a written decision affirming, modifying or terminating the exclusion The appointed hearings examiner's decision shall be final C. Savings. If any section, subsection, paragraph, sentence, clause or phrase of this section is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this section (Ord 2013-041 § 1 (part), 2013 Ord 2011-48 § 1, 2011) 13.16.170 Misuse of playground apparatuses, park equipment, water playground features or other park facilities prohibited. No person shall in any manner use any of the playground apparatuses, park equipment. water playground features or other park facilities for any purpose other than their intended purpose. (Ord. 2017-006 § 1, 2017) 13.16.180 Interfering with division personnel prohibited. No person shall interfere with or in any manner hinder any employee or authorized volunteer of the park and recreation division while the employee or authorized volunteer is engaged in constructing, repairing, maintaining or caring for any park property, equipment, or facilities (Ord 2017-006 § 2, 2017). Section 2 Severability. If any section, subsection, paragraph, sentence or clause of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of the ordinance. Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL, signed and approved this 20th day of February, 2018. ATTEST Kathy Coffey, Mayor Sonya Claar Tee, City Clerk Publication Date Effective Date: