HomeMy WebLinkAbout03/06/2018 10 Parkways and Park Curfew; YMC Amendment 13.16 and 13.20BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
1
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:
City Manager
STAFF RECOMMENDATION:
No
NA
Pass Ordinances
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
• Ordinance re YMC 13.16 - track changes 2/13/2018
O Ordinance re YMC 13.16 - Final 213/2018
Et Ordinance re YMC 13.20 - track changes 2/13/2018
O Ordinance re YMC 13.20 - Final 2/13/2018
Type
Ordinance
adinance
Odinance
Ordinance
2
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 comprisinq 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 11381, 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 13171381, 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 ooulevarciparkway, 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 Targe.
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:
12
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
13.16.130
13.16.145
13.16.149
13.16.150
13.16.160
13.16.170
13.16.180
13
Firearms prohibited—Throwing prohibited.
Molesting birds and animals prohibited.
Hazardous and commercial activities prohibited—Regulations.
Additional rules and regulations.
Penalty for violations.
Exclusion from city parks.
Misuse of playground apparatuses, park equipment, water playground
features or other park facilities prohibited.
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. B01381, 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,
14
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. B01381, 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. B01381, 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.
15
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.
16
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
17
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 Targe.
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
18
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.
19
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.
20
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:
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:
24
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—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.
25
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—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).
26
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: