HomeMy WebLinkAbout11/19/2019 14 Regulating Unauthorized Structures in Parks - Amending YMC 13.16.055 a\'4\lyy bxk ik 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 14.
For Meeting of: November 19, 2019
ITEM TITLE: Ordinance amending the City of Yakima Municipal Code for the
purpose of regulating structures in parks
SUBMITTED BY: Jeffrey Schaap,Assistant City Attorney
SUMMARY EXPLANATION:
This proposed ordinance addresses unauthorized structures in city parks. The proposed
ordinance makes it a violation to erect an unauthorized structure in a city park; structure is defined
to include among other things: any structure or shelter, including but not limited to any temporary
makeshift dwelling units, tents, lean-tos, shacks and/or trailers, comprised of tree branches,
wood, plastic, metal, nylon, tarp or any other materials. The ordinance exempts a temporary
structure that has only a roof and no walls (i.e. an open air canopy with no walls). The ordinance
declares such unauthorized structures to be a nuisance and allows for code enforcement to abate
the nuisance. Regulating structures in parks addresses public safety concerns regarding
unauthorized enclosed structures in parks. Unauthorized enclosed structures have posed a
challenge to the enforcement of park code regulations because of the inability to observe
conduct.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Pass ordinance
ATTACHMENTS:
Description Upload Date Type
D rdinance re YM 13.10.055-trek charges 11/0/2019 ordinance
D rdirance re YM 13.10.055-charges accepted 11/0/2019 rdirarce
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ORDINANCE NO. 2O1S^
ANOFl[)|NANCE relating to Parks and Playgrounds; amending the City ofYakima
Municipal Code for the purpose of regulating structures inparks.
BE |T ORDAINED BY THE CITY OFYAK|MA:
Seotion1. A new section, l3.lG.O55. of the City of Yakima Municipal Code is
hereby added to read asfollows:
13.16.056 No Structures in Parks—Exceptions.
A. It is unlawful to erect, install, or place any structure within a park, except as
provided herein.
B. "Structure" means any structure or shelter, including but not limited to any
temporary makeshift dwelling units, tents, lean-tos, shacks and/or trailers,
comprised of tree branches, wood, plastic, metal, nylon, tarp or any other
materials.
C. This section shall not apply to:
I . Any duly authorized structure erected, installed, or placed within a park
by city staff or their authorized designees or any structure erected,
installed, or placed within a park as expressly authorized by the Manager
under o parks use permit.
2. A temporary structure that has only a roof and nowalls.
D. In addition to other remedies provided by law, including, but not limited to,
the penalty provision of this chapter, any structure not allowed under this section
is hereby declared to be a public nuisance. The code enforcement officer or his
or her designee may summarily abate any such structure, or the structure may
be abated ms prescribed in Chapter 6.56YMC.
Seotion2. This ordinance shall bein full force and effect 3O 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 lQ^m
day of November,
2019.
ATTEST: Kathy Coffey, Mayor
Sonya C|aar Tee, City Clerk
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Effective Date:
4
ORDINANCE NO. 2019-
AN ORDINANCE relating to Parks and Playgrounds; amending the City of Yakima
Municipal Code for the purpose of regulating structures in parks.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. A new section, 13.16.055, of the City of Yakima Municipal Code is
hereby added to read as follows:
13.16.055 No Structures in Parks—Exceptions.
A. It is unlawful to erect, install, or place any structure within a park, except as
provided herein.
B. "Structure" means any structure or shelter, including but not limited to any
temporary makeshift dwelling units, tents, lean-tos, shacks and/or trailers,
comprised of tree branches, wood, plastic, metal, nylon, tarp or any other
materials.
C. This section shall not apply to:
1. Any duly authorized structure erected, installed, or placed within a park
by city staff or their authorized designees or any structure erected,
installed, or placed within a park as expressly authorized by the Manager
under a parks use permit.
2. A temporary structure that has only a roof and no walls.
D. In addition to other remedies provided by law, including, but not limited to,
the penalty provision of this chapter, any structure not allowed under this section
is hereby declared to be a public nuisance. The code enforcement officer or his
or her designee may summarily abate any such structure, or the structure may
be abated as prescribed in Chapter 6.56 YMC.
Section 2. 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 19th day of November,
2019.
ATTEST: Kathy Coffey, Mayor
Sonya Clear Tee, City Clerk
Publication Date:
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Effective Date: