HomeMy WebLinkAbout08/06/2013 20 Parks Curfew; YMC Amendments 13.20.030 and 13.20.040BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. �Ca
For Meeting of: 8/612013`
ITEM TITLE: Ordinance concerning Parks and Playgrounds, park curfew,
removing a condition precedent to conviction and revising the
penalty for violation of conditions; and amending Sections
13.20.030 and 13.20.040 of the City of Yakima Municipal
Code.
SUBMITTED BY: Bronson Faul, Assistant City Attorney
SUMMARY EXPLANATION:
This proposed ordinance would clarify provisions of Section 13.20.030 of the Yakima Municipal
Code regarding the trespass of persons from City parks. This ordinance amends the placement
of signs so that warnings are posted at park entrances, removes a provision that mandates
police officers give trespassers the reasonable opportunity to vacate the park, provides an
exception for duly authorized City employees in the performance of their duties, and clarifies a
criminal offense is a misdemeanor.
Resolution:
Other (Specify):
Contract:
Start Date:
Item Budgeted: NA
Funding Source /Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
Ordinance: X
Contract Term:
End Date:
Amount:
Public Safety
APPROVED FOR
SUBMITTAL: City Manager
RECOMMENDATION:
Staff respectfully requests City Council pass the Ordinance.
ATTACHMENTS:
Name: Description:
0 Ordinance re Park Curfew-strikeout copy.docx Ordinance re Park Curfew-Strikeout copy
0 Ordinance re Park Curfew-final copy.docx Ordinance re Park Curfew-Final copy
ORDINANCE NO. 2013-
AN ORDINANCE concerning Parks and Playgrounds,
conviction and revising the penalt y
amending Sections 13.20.030 and
Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
removing a condition precedent to
for violation of conditions; and
13.20.040 of the City of Yakima
Section 1. Section 13.20.030 of the City of Yakima Municipal Code is amended to read
as follows:
13.20.030 Park curfew imposed— Exceptions —Park 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 Section 13.16.100 of this code 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 are -,rd- its h^i- Adari°° 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,was warned by a police officer of the conditions
established by this Section.r;e vM^' -+i ^r aAd- ;.yas the .reane.r aft—rQed ease„a;b'e
OPPE rWRity to to the park premises (Ord. 3103 § 1, 1988: Ord. 1626 § 1 (part), 1974).
D. The provisions of this chapter do not apply to any duly authorized city employee in the
performance of his or her duties.
Section 2. Section 13.20.040 of the City of Yakima Municipal Code is amended to read
as follows:
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. "r GR
days- (Ord. 1626 § 1 (part), 1974).
Section 3. This ordinance shall become effective and shall be in full force and effect 30
days after its passage and publication in accordance with law.
PASSED BY THE CITY COUNCIL, signed and approved this _th day of
.2013.
ATTEST:
City Clerk
Publication Date:
Effective Date:
Micah Cawley, Mayor
ORDINANCE NO. 2013-
AN ORDINANCE concerning Parks and Playgrounds,
conviction and revising the penalt y
amending Sections 13.20.030 and
Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
removing a condition precedent to
for violation of conditions; and
13.20.040 of the City of Yakima
Section 1. Section 13.20.030 of the City of Yakima Municipal Code is amended to read
as follows:
13.20.030 Park curfew imposed— Exceptions —Park 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 Section 13.16.100 of this code 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. (Ord. 3103 § 1, 1988: Ord. 1626 § 1 (part), 1974).
D. The provisions of this chapter do not apply to any duly authorized city employee in the
performance of his or her duties.
Section 2. Section 13.20.040 of the City of Yakima Municipal Code is amended to read
as follows:
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. 1626 § 1
(part), 1974).
Section 3. This ordinance shall become effective and shall be in full force and effect 30
days after its passage and publication in accordance with law.
PASSED BY THE CITY COUNCIL, signed and approved this _th day of
.2013.
ATTEST:
City Clerk
Micah Cawley, Mayor
Publication Date:
Effective Date: