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HomeMy WebLinkAbout2018-008 Park Curfew; YMC Amendment 13.20ORDINANCE NO. 2018-008 ORDINANCE amending the City of Yakima Municipal Code Chapter 13.20 Park Curfew 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 should be covered by the same curfew rules as other city parks to be consistent with other park properties; 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 use those terms consistently throughout 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 park curfew ordinance of the City; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 13.20 of the City of Yakima Municipal Code is hereby amended to read as follows: Chapter 13.20 PARK CURFEW Sections: 13.20.010 Declaration of necessity. 13.20.015 Definitions 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. 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, piayfields, 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. 13.20.020 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. 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. 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. 2013-034 § 2, 2013: Ord. 1626 § 1 (part), 1974). 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: -thy Coff Sonya CI.: ee, City Clerk Publication Date: March 9, 2018 Effective Date: April 8, 2018 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 Chapter 13.20 Park Curfew 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 should be covered by the same curfew rules as other city parks to be consistent with other park properties; 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 use those terms consistently throughout 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 park curfew ordinance of the City, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 13 20 of the City of Yakima Municipal Code is hereby amended to read as follows. Chapter 13.20 PARK CURFEW Sections 13.20 010 Declaration of necessity 13.20 015 Definitions 13.20.020 Using park with unlawful intent or purpose 13 20.030 Park curfew imposed—Exceptions—P conditions precedent to conviction 13 20.040 Penalty for violation. 13.20.010 Declaration of necessity. osting and warning as 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. 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 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. 1626 § 1 (part), 1974). 13.20.030 Park curfew imposed—Exceptions—P osting 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 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 2013-034 § 2, 2013 Ord. 1626 § 1 (part), 1974). 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: