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HomeMy WebLinkAbout08/20/2013 10 Smoking at Special Events, in Parks, and Near Playgrounds - Public HearingBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /U For Meeting of: 8/20/2013 ITEM TITLE: Public hearing for the Yakima City Council to hear from the public regarding smoking at special events, smoking in parks and smoking near playgrounds. SUBMITTED BY: Bronson Faul, Assistant City Attorney SUMMARY EXPLANATION: A public hearing scheduled for August 20, 2013 at 7:00 PM in the City of Yakima Council Chambers to receive public input relating to smoking at special events, smoking in parks and smoking near playgrounds. At the public hearing, the Council will consider the testimony to determine if any smoking related activities are affecting a substantial City interest. If, as a result of the hearing, a specific course of conduct is sufficiently documented as affecting a substantial City interest the Council may direct the City Legal Department to prepare legislation to address the problem. Resolution: Other (Specify): Contract: Start Date: Item Budgeted: NA Funding Source /Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: Ordinance: Contract Term: End Date: Amount: N/A Public Safety 4f City Manager RECOMMENDATION: ATTACHMENTS: Name: 0 Tobacco free parks.pdf Description: Information re Tobacco Free Parks leftdothis Working together for healthier places to dive n ern Wh y do we need to do this? Enjoying Healthy Park Environments — Tobacco -Free Policies for Parks and Recreation Facilities in King County Tobacco -free parks and recreation areas promote health and wellness Parks are highly valued environments in neighborhoods and communities that promote individual and community wellness. Making these environments tobacco -free makes sense and is in alignment with community norms. Leash laws and rules against drinking in public provide for comfortable and safe visits to parks — tobacco use should be added to this list. Cigarette butts aren't just litter — they're dangerous. According to the Washington Department of Ecology, A80 million cigarette butts are littered in Washington State every year. Cigarette butts are not biodegradable and can take up to 15 years to decompose. During that time, they leach cadmium, arsenic, and other poisons into the soil. Discarded cigarettes are also the third leading cause of preventable outdoor fires. In 2008, approximately 60,000 outdoor fires in the U.S. were caused by tobacco. Cigarette butts may also be ingested by toddlers, pets, birds, and fish. :- Washington State Department of Ecology (2007, April 12). Statewide litter campaign focuses on dangerous litter behavior. www. ecy. wa. goy/news /2007news/2007- 083.html Karter, Michael J. Fire Loss in the United States During 2009 National Fire Protection Association. Ahrens, Marty Brush, Grass, and Forest Fires August 2010 National Fire Protection Association. Tobacco -free environments prevent kids from using tobacco and assists adults in quitting. Youth and children exposed to smoking and tobacco use are more likely to use tobacco products when they get older. Research shows prohibiting smoking in public places decreases the chances that kids will use tobacco products and supports adults in smoking less or stopping altogether. Wakefield, Melanie A., et al. Do Restrictions on Smoking at Home, at School and in Public Places Influence Teenage Smoking? Secondhand smoke harms everyone. Children exposed to secondhand smoke are at an increased risk for acute respiratory problems, ear infections and asthma attacks. Exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer. There is simply no safe level of exposure to secondhand smoke. I The Health Consequences of Involuntary Exposure to Tobacco Smoke. The 2006 Surgeon General's Report on Smoking. Secondhand smoke can be harmful in outdoor settings. Under some conditions, according to research from Tufts University School of Medicine and Repace Associates, outdoor levels of tobacco smoke can be as high as indoor levels of secondhand smoke. t Repace, lames L. Fact Sheet: Outdoor Air Pollution form Secondhand Smoke Why Tobacco -Free Park Policies are being adopted in King County Most King County residents support tobacco -free parks and recreation policies. The 2007 Behavioral Risk Factor Surveillance System (BRFSS) Survey conducted by the Washington State Department of Health reports that a majority of King County residents (72 %) support prohibiting smoking in outdoor public areas. Tobacco -free policies reduce litter and maintenance costs. High - activity areas in parks, public access areas, and rest areas accumulate more litter per acre each year than roadways do. Parks leaders who have implemented tobacco - free policies report a significant reduction in cigarette butts littering the grounds. This saves money and allows maintenance crews to focus on more important projects. 4 Washington State Litter Study, May 2000 Tobacco -free and smoke -free parks are becoming a norm across Washington State. More than twenty -five cities in twelve counties throughout Washington have already adopted policies promoting tobacco and smoke -free public outdoor areas. Public Health in Action — Reducing Tobacco Exposure in Parks WADOH TPC Program Assessment and Evaluation The time to act is now and King County is leading the way. In the Summer of 2010, King County was awarded a national Communities Putting Prevention to Work (CPPW) grant. Diverse partners from across King County are working to create neighborhoods where it's safer to walk or bike, where schools and childcare settings are providing healthier foods and drinks, and where all King County residents can breathe smoke -free air. 2 Where do Tobacco -Free Park Policies currently exist in Washington State? Parks across Washington State have adopted policies restricting or prohibiting tobacco use. The map below outlines all the parks in the state with identified tobacco policies. Source: 2010 Washington State Department of Health, Tobacco Prevention and Control Program, Statewide Policy Outcomes Report on Reducing Tobacco in Parks. Full report including pages that provide more details about the processes that led to policy change in some communities can be found at, http:/ /www.doh.wa.gov/ tobacco /data evaluation/DatafPolicyOutcome WaPolicyReport.pdf 3 Where do Tobacco -Free Park Policies currently exist in Washington State? Benton Kennewick Parks 2005 Smoke free ploygrounds, 25' rule around: perimeter. Signs posted at 26 playgrounds. Benton Richland Parks 2006 Smoke free playgrounds, 50' rule around, perimeter. Signs posted at 20 playgrounds. Benton West Richland Parks 2007 Smoke free parks and spit tobacco is specifically prohibited. Chelan - Douglas Wenatchee City Parks 2010 City policy covers all parks. Signs posted of play areas, sports fields and wading pools.° Clark Vancouver & Clark 2005 Smoke free playgrounds. Signs are posted at playgrounds and restrooms. County Parks Clark Battleground Parks 2007 Skate park section is smoke free and there are designated smoking areas. Columbia. Dayton Parks 2010 Smoke free zones 25' oround playgrounds, pools, athletic complex. Garfield Pioneer Park 2008 A pocket park in Pomeroy is tobacco -free, 25' rule. Grant Moses Lake Parks 2006 Rule covers, playgrounds, ballparks, play fields, bleachers, restrooms, concession stand and any public gathering space. King Seattle Parks 2010 All tobacco use prohibited within 25' of other people, play areas and beaches.' Kitsop Poulsbo 1999 Kittitas Ellensburg 2006 Rule covers playgrounds, restrooms, ball fields, beaches, and events. Mason Mason County Property 2006 All county -owned property is smoke free including parks and fairgrounds. Pierce Puyallup 2004 Entire park is smoke free, compliance is voluntary. Pierce Metro Parks 2009 Parks are smoke free and the policy includes enforcement provisions. Pierce Pierce County Parks 2009 Parks are smoke free and the policy includes enforcement provisions. Skagit Bakerview Park 2005 Entire pork is smoke free, compliance is voluntary. Skagit Clear Lake Beach 2005 Entire park is smoke free, compliance is voluntary. Skagit Montgomery -Duban 2007 Entire pork is smoke free, compliance is voluntary. Headlands Skagit Sharpe Park 2007 Entire pork is smoke free, compliance is voluntary. Snohomish Marysville 2001 First park in Snohomish County to enact a policy. Snohomish Lake Stevens 2008 Smoke free policy includes enforcement provision and fine structure. Snohomish 13 Snohomish Community 2002- Cities of Arlington, Granite Falls, Gold Bar, Monroe, Mukilteo, Index, Sultan, Snohomish, Parks 2007 Everett, Lynnwood, Mountlake Terrace, Edmonds, Bothell Spokane Spokane Parks 2009 25' rule covers playgrounds, pools, restrooms, skate parks, and community events. Thurston Olympia 2005 Signs are posted at playgrounds. Thurston Tumwater 2007 Entire park is smoke free, compliance is voluntary. Source: 2010 Washington State Department of Health, Tobacco Prevention and Control Program, Statewide Policy Outcomes Report on Reducing Tobacco in Parks. 4 100% Tobacco -Free Parks Model Policy The following is a model policy for tobacco -free parks and beaches. The language below is intended to help draft and shape a policy that best suits your agency, whether that be through an ordinance, rule or resolution. Please consult with your local legal advisors when considering how to adapt this policy. Following the model policy are three examples of current tobacco -free policies in Washington State. I. Guideline Statement City and county parks and beaches are intended for the healthy enjoyment of all citizens, including children and youth. II. Findings Parks and beaches are essential, health - promoting environments that can provide low to no cost opportunities for play, physical activity, greater family and community connection, stress reduction, and access to improved nutrition. Tobacco use in parks and beaches sends a dangerous message to youth that using tobacco is consistent with a healthy environment. Studies have shown that children and youth exposed to smoking and tobacco use are more likely to use tobacco products when they get older. Parents, leaders, coaches, and officials involved in recreation are role models for youth and can have a positive effect on the lifestyle choices they make. The Surgeon General has concluded that there is no safe level of exposure to secondhand smoke. The negative health consequences associated with exposure to secondhand smoke include increased risk of blood clots, heart attack, asthma attacks, respiratory problems, and eye and nasal irritation. Indeed, the Environmental Protection Agency has classified secondhand smoke as a Group A humans carcinogen, a category which includes only the most potent cancer causing agents, like benzene, vinyl chloride, asbestos, and arsenic. Cigarettes and other tobacco products, once consumed in public places, are often discarded on the ground requiring additional maintenance expenses, diminishing the beauty of recreational facilities, and posing a risk to toddlers and /or animals due to ingestion. Cigarette butts also take up to 15 years to decompose. Discarded tobacco products also pose a risk of fire. Matches and cigarettes account for 12 percent and 9 percent of outdoor fires, respectively. King County residents want tobacco and smoke -free parks and beaches. The majority of residents (72 %) support prohibiting smoking in outdoor public areas. More than 25 cities in 12 counties throughout Washington have adopted policies promoting tobacco -free public outdoor areas. In the Spring of 2010, representatives from the King County Parks Directors Network agreed to a region -wide collaboration with Public Health through the federally funded Communities Putting Prevention to Work Initiative that would establish tobacco -free parks in at least 22 cities throughout King County. 5 100% Tobacco -Free Parks Model Policy continued W.- = III. Definitions For purposes of this policy, the terms set forth below shall have the following meanings: "Tobacco product" means any product containing tobacco in any form. "Unapproved nicotine delivery product" means any product containing or delivering nicotine intended or expected for human consumption that has not been approved or otherwise certified for sale by the United States Food and Drug Administration as a tobacco use cessation product. "Parks and beaches" means any property under the jurisdiction of the parks department. IV. Tobacco -Free Parks Policy The use of tobacco or unapproved nicotine delivery products is prohibited in all parks and beaches. The Parks Department shall prominently post and maintain signage in all parks and beaches indicating that tobacco use is prohibited. The Parks Department shall publicize the tobacco -free policy on its website and other promotional materials. The Parks Department shall amend its permits and rental agreements (governing the private use of parks department facilities such as playing fields and shelters) to reflect that compliance with the tobacco -free park policy is a condition of the permit or lease. Parks Department employees shall be authorized to enforce the tobacco -free policy by asking persons found to be in violation of the policy to discontinue tobacco use or leave the park or beach. V. Effective Date This policy is effective immediately upon the date of adoption. R Example: Tacoma Ordinance ORDINANCE NO. 27841 BY REQUEST OF COUNCIL MEMBERS LADENBURG, STRICKLAND, AND TALBERT AN ORDINANCE relating to the park code; amending Chapter 8.27 of the Tacoma Municipal Code, prohibiting smoking in all City parks. WHEREAS the City's parks are intended for the healthy enjoyment of all citizens, including children and youth, and WHEREAS Metro Parks Tacoma staff has reported that smoking and tobacco use in parks has resulted in litter of cigarette butts, cigar butts, and other tobacco - related waste, which studies have shown can cause environmental degradation and pose a health risk to children and animals, and WHEREAS the City Council, through its Public Safety, Human Services and Education Committee, received testimony from representatives of the Tacoma- Pierce County Health Department that smoking and tobacco use, including secondhand smoke, has been linked with the development of lung cancer, heart attack, low birth weight, bronchitis, pneumonia, asthma, chronic respiratory problems, and eye and nasal irritation, and WHEREAS studies have shown that children and youth exposed to smoking and tobacco use are more likely to smoke when they get older, and WHEREAS many parks in the City contain brush and trees, which can be combustible, particularly in the dry summer months, and the parks do not contain facilities for disposing of tobacco products and tobacco products that are not completely extinguished pose an increased risk of fire, and WHEREAS, in spring 2009, Metro Parks Tacoma, along with Tacoma- Pierce County Public Health, requested that the Public Safety, Human Services and Education Committee ( "Committee ") examine the issue of a citywide ban of smoking in all public parks within the City limits of Tacoma in order to promote public health and safety, and WHEREAS, on June 25, 2009, and August 13, 2009, the Committee discussed the item and deliberated on the policy objectives and the scope of the policy before deciding upon the policy goals of public health, litter concerns, and fire dangers in the ordinance, and WHEREAS the Committee gave a "do pass" recommendation for the all- encompassing smoking ban in City parks, WHEREAS, if implemented, the proposed ordinance will require "No Smoking" signage to be in place in order to be effective, and WHEREAS the City will be responsible for all municipally owned park signage; Now, Therefore, BE IT ORDAINED BY THE CITY OF TACOMA: Section 1. That Chapter 8.27 of the Tacoma Municipal Code is amended, as set forth in the attached Exhibit "A." EXHIBIT "A" 8.27.085 Smoking in parks prohibited. It is unlawful for any person to smoke or light cigars, cigarettes, tobacco, or other smoking material within a park. The Director or City Manager shall post signs in appropriate locations, prohibiting smoking in parks. 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. A violation of this section is a class 4 civil infraction $25, not including statutory assessments. Such penalty is in addition to any other remedies or penalties provided by law. rA Example: Mason County Rule 9.44.041 - Smoking in county parks or fairgrounds. All county property, including county parks and fairgrounds, shall be designated nonsmoking areas. County property does not include: (1) Private vehicles and residences unless otherwise required by individual or group contracts with the county; (2) County roads; (3) Any person passing by or through county property while on a public sidewalk or public right -of- way has not intentionally violated this chapter. (Ord. 91 -06 Att. B (part), 2006). Z Example: Tumwater Resolution A RESOLUTION of the City Council of the City of Tumwater Washington urging park users to refrain from using tobacco products in all city owned park facilities WHEREAS, tobacco related disease is the number one cause of death to Washington residents, killing more people than AIDS, alcohol, car, accidents, fires, illegal drugs, murders, and suicides combined; and WHEREAS, the Environmental Protection Agency has classified secondhand smoke as a Group A human carcinogen and therefore concludes that secondhand smoke is a risk to non smokers; and WHEREAS, there is no safe level of exposure to secondhand smoke and even brief exposure can cause immediate harm; and WHEREAS, cigarette butts pose a significant litter burden; they are the largest source of outdoor recreation trash in parks and the single most littered item in the world, reports from jurisdictions with tobacco policies in place indicate a dramatic reduction in litter and subsequently maintenance costs; and WHEREAS, adults are often role models for young people, and adults who smoke set a bad example for youth; and WHEREAS, it is in the City s interest and the interests of park users to be aware of the risks posed by secondhand smoke, and to acknowledge the desirability of adults providing good role models for kids; and WHEREAS, approximately 80 percent of Thurston County residents do not smoke; and WHEREAS, the City encourages the use of parks facilities in a safe and healthy manner, and the Parks and Recreation Department and City Council have recommended the installation of signage requesting voluntary compliance of park patrons not to smoke; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUMWATER AS FOLLOWS: Section 1. The Tumwater Parks and Recreation Department is hereby requested to install signage at all parks owned by the City of Tumwater urging park users to voluntarily comply with the request to refrain from using tobacco products while visiting Tumwater parks. Section 2. Ratification. Any act consistent with the authority and prior to the effective date of this Resolution is hereby ratified and affirmed. Section 3. Severability. The provisions of this Resolution are declared separate and severable. The invalidity o1 any clause, sentence, paragraph, subdivision, section, or portion of this Resolution or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the Resolution or the validity of its application to other persons or circumstances. Section 4. Effective Date. This Resolution shall become effective immediately upon adoption and signature provided by law. ADOPTED this 16th day of October 2007. 9 Enforcing and Publicizing Your Tobacco -Free Park Policy 0_1 Post Signs The best way to publicize your tobacco -free policy is by posting signs. This also means immediately re- posting them if you find them vandalized or torn down. The following locations are suggested places for posting your tobacco -free signs: Fencing around playgrounds and fields Backstops Picnic shelters Restrooms Concession stands Parking lot entrances Beach entrances Lifeguard stands Hiking trail entrances Information /bulletin boards Near garbage cans Near water fountains Inform Your Community! There will be a local overarching media campaign educating King County residents on the importance of tobacco -free parks. You are highly encouraged to educate your internal staff, community members and the local media about your tobacco -free policies. Here are some ways of doing so: Staff notification of the new policy and setting procedures for handling violations Bookmarks or small notification cards explaining the policy distributed by park staff or community members to park users Articles in a local or regional newspaper, as the result of a news release or reporters' coverage Park and recreation department and city newsletters Recreation program brochures, catalogs, and announcements Rulebooks or policy statements that are distributed to sports league administrators, coaches, officials, parents and participants i Other fact sheets or educational articles about tobacco and secondhand smoke distributed at community meetings, in mailings, or through newsletters r : Postings on the recreation department's or city's website Public address announcements at recreation events, or public service announcements on local radio stations or public access cable channels Kick -off celebration or community event with tobacco - free pledges, activities, etc. Enforcement Provide ongoing and clear communication about the rationale, components and enforcement of the tobacco -free environment policy. Discuss, plan and monitor the implementation and enforcement of this policy as you do other current policies (i.e., off -leash laws, alcohol use, etc.) especially relating to the most effective way to respond to individuals found violating the policy. Provide referrals for low to no- cost cessation resources to interested persons: 1- 800 -QUIT NOW (1 -800- 784 -8669) or www.quitline.com 10 Tobacco -Free Parks e Si na g g FREE signs provided by Public Health- Seattle & King County and the U.S. Department of Health and Human Services THIS PARK IS WE APPRECIATE YOUR COOPERATION Ord. # Public Healfh� Public ilc�alth keuc G Rl.i r-ty Sc +tUC Q GGS Cou4t7 a Your logo goes here Please fill out the interest form if you would like to participate in this project. Resources So, you know you want tobacco -free parks but you're not sure what to do next. Here are some resources and tools to help you plan, implement, and enforce your strategy. Join Healthy King County Healthy King County is a social networking site for those interested and involved in Healthy Eating, Active Living and Tobacco Prevention in King County. It's like a Facebook page. The home page provides general updates and posts from members. The work groups page allows for interactions based on a common project. Our project work group is called Healthy Parks and Recreation. Join this site to download information including this implementation guide. To join, go to www.healthykingcounty.org and click the Sign Up link on the right hand side of the page. Then go to the work groups page and click to Add the Healthy Parks and Recreation work group. The following materials can be downloaded from the Healthy King County website at: http : / /www.healthykincicounty.org /forum /categories /tobaccofree- parks -1 /listForCategory Policy Implementation Guide Download the electronic version of this toolkit General Tobacco -Free Parks and Beaches Model Policy Download the word document version of the model policy found in this toolkit for easy editing Worksheet: Develop a Policy Strategy — The "How" of Local Policy and Organizational Change Each community is different and it is worth taking the time to answer these important questions on how you will go about successfully creating tobacco -free parks. This is a great document to use when first convening the team of people who will be assisting in the policy initiative. Handout: The Policy Adoption Model — Los Angeles County Tobacco Control and Prevention Program This provides you a step -by -step framework for a successful policy campaign. Take your strategy and use this framework to plan what you're going to do next. Each step is a progression from the next and provides you a strategic course of action for passing your policy. Let's Do This — Working Together for Healthier Places to Live (Overarching Communications Campaign) http://www.letsdothiskinacounty.orci Learn more about smoke free places: http: / /www.letsdothiskincicounty.org /pdf /Smoke free places.pdf Download posters: http:// www. letsdothiskingcounty .oralpdfILetsDoThis Ads v2.pdf Communication Resources Fact Sheet: http: Z Zwww.hea lthykincicounty.ora /forum /categories /tobaccofree- parks -1 /listForCategory Creating a Communications Plan Worksheet: http://www.healthykingcounty.org/ forum / topics /creating- a- communications- Ip an -1 Guide to Creating a Communications Plan: http: / /www.healthykin cq ounty.org/ forum /topics /communications -plan- overview Sample Communications Plan: http: / /www.healthykingcounty .ora /forum /categories/ tobaccofree - parks- 1/IistForCategory Sample Press Release: http : / /www.heaIthykincicounty.orci/ forum /categories/ tobaccofree - parks- 1 /listForCategory CPPW Communication Key Messages: http : / /www.heaIthykingcounty.org /forum /topics /cppw- key - messages Crafting Your Key Messages: http: / /www.healthykin county.orq/forum /topics /crafting -key- messages Resources from a CPPW Media Training: http : / /www.heaIthykinacounty.org /forum /topics /media - training- resources 12 Contact Information If you have any questions or need assistance with anything, please contact any of the Park Directors or Project Managers listed below Kevin Brown Pat Parkhurst Director Recreation & Fleet Manager King County Parks City of Bothell Public Works Department 206- 296 -8631 425 -486 -7430 kevin.brown(G)kingcounty.aov pat.parkhurst ci.bothell.wa.us Daryl Faber Jennifer Schroder Parks, Arts & Recreation Director Parks and Community Services Director' City of Auburn City of Kirkland 253 - 931 -3043 425- 587 -3301 dfaberCa)auburnwa.aov Schroder a)ci.kirkland.wa us Sue Goodwin Lee Anne Hughes Recreation Director Tobacco -Free Parks Project Manager Seattle Parks &Recreation King County Parks 206 - 684 -7157 206- 263 -0180 sue.goodwin0seattle.gov leeanne .huahes(a)- kinacounty.gov Michael Lafreniere Caroline Hughes Department Director Tobacco -Free Parks Project Officer Burien Parks, Recreation & Cultural Services'' Public Health — Seattle /King County 206 -988 -3703 206 -263 -9298 michaell _,burienwa.gov caroline.hughes(dkingcounty.aov This guide is funded by Public Health - Seattle & King County and the U.S. Department of Health and Human Services 13 VA Chapter 9.20 PUYALLUP PUBLIC PARKS AND PUBLIC FACILITIES Page 1 of 12 Chapter 9.20 PUYALLUP PUBLIC PARKS AND PUBLIC FACILITIES Sections: 9.20.005 Definitions. 9.20.010 Compliance with recreation board's and parks director's rules and regulations required. 9.20.015 Administration. 9.20.020 Certain erections prohibited — Exceptions. 9.20.030 Removal or destruction of property. 9.20.040 Animal restrictions. 9.20.050 Fireworks, firearms, and weapons. 9.20.060 Interference with wildlife. 9.20.070 Restrictions on loudspeakers, radios, and other sound - making devices. 9.20.080 Circuses and exhibitions. 9.20.090 Sales. 9.20.100 Meetings and literature distribution. 9.20.110 Watercraft restrictions. 9.20.120 Vehicles and horses. 9.20.130 Camping. 9.20.140 Sports events. 9.20.150 Littering. 9.20.160 Refuse restrictions. 9.20.170 Testing motor vehicles. 9.20.180 Vehicle or animal competitions. 9.20.190 Fires. 9.20.195 Lighted material in city park property prohibited. 9.20.200 Alcohol. 9.20.210 Disorderly conduct and profanity. 9.20.215 Pedestrian interference. 9.20.217 Sitting or lying down upon public sidewalk prohibited. 9.20.220 Remaining after closing hour. 9.20.225 Park hours. 9.20.226 Puyallup City Hall Commons hours. 9.20.230 Ejection of persons. 9.20.240 Disruption of public facilities. 9.20.250 Public facility — Criminal activity — Prohibition of entry. 9.20.260 Penalty. 9.20.005 Definitions. (1) Use of Words and Phrases. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings. (2) "Alcoholic beverages" or "liquor" includes the four varieties of liquor defined as alcohol, spirits, wine, and beer, all fermented, spirituous, vinous, or malt liquor, and all other intoxicating beverages, and every liquor, solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine, or beer. A liquor, semisolid, solid, or other substance that contains more than one percent alcohol by weight is conclusively deemed to be intoxicating. http: / /www.codepublishing.com/wa/ puyallup / html /Puyallup09/PuyallupO920.html 06/07/2013 Chapter 9.20 PUYALLUP PUBLIC PARKS AND PUBLIC FACILITIES Page 2 of 12 (3) "Camp" or "camping" means to pitch or occupy camp facilities; to use camp paraphernalia. (4) "Camp facilities" include, but are not limited to, motor vehicles, trailers, tents, huts, or temporary shelters. (5) "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non - city- designated cooking facilities and similar equipment. (6) "Facility" or "facilities" means a park building, park structure, or park area operated by the city. (7) "Motor vehicle" means a self - propelled device capable of being moved upon a street and in which persons or property may be transported, and shall include, but shall not be limited to, automobiles, trucks, motorcycles, motor scooters, recreational vehicles, utility vehicles, vans, and jeeps or similar type four - wheel -drive vehicles, but shall exclude motorized wheelchairs. (8) "Park" means an area under the ownership, management, or control of the city used for public recreation, leisure, and park purposes and so designated by ordinance. (9) "Parks director" means the director of the city's parks and recreation department and /or his designee. (10) "Public facility," for the purpose of this chapter, means the buildings, structures, and equipment, and the adjoining grounds and appurtenances of any of the following: (a) Any park maintained by the city of Puyallup and the City of Puyallup Woodbine Cemetery. (b) Any recreational area maintained by the city of Puyallup, including but not limited to any skateboard park, Pioneer Park Pavilion, Bradley Lake Park, Clark's Creek Park, DeCoursey Park, the Brown Property, Grayland Park, Manorwood Site, Pioneer Park, Puyallup Riverfront Trail, Puyallup Skatepark, Puyallup Valley Sports Center, Rainier Woods Park, Sam Peach Park, and Wildwood Park. (c) Any public library maintained by the city of Puyallup. (d) Public facilities, including, but not limited to, the Puyallup City Hall, Puyallup Activity Center, the Puyallup public library, Puyallup municipal court, Pioneer Park Pavilion, City of Puyallup Woodbine Cemetery, Corporate Yards, Recreation Center, and the War Memorial Building. (11) "Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self - propelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a mobile home lot. (12) "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. (13) "Trail" means a path or track designed for use by pedestrians or bicycles, which is not of sufficient width nor graded or paved so as to permit its use by automobiles, and other rights -of- way specifically posted and designated for nonvehicular use. (Ord. 2948 § 1, 2009; Ord. 2840 § 2, 2005). http: / /www.codepublishing. com/wa/ puyallup / html /Puyallup09/Puyallup0920.html 06/07/2013 Chapter 9.20 PUYALLUP PUBLIC PARKS AND PUBLIC FACILITIES Page 3 of 12 9.20.010 Compliance with recreation board's and parks director's rules and regulations required. It shall be a violation of this chapter to violate any rule or regulation adopted by the recreation board of the city as provided in PMC 2.24.030 or the parks director. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978). 9.20.015 Administration. (1) The parks director shall have the authority to promulgate rules setting forth the times and conditions upon which city parks and park facilities will be open, closed, or used by the public. (2) Persons or community groups desiring to use a park facility shall obtain a permit from the parks director. (3) Religious services or group rallies may be permitted in city parks where facilities are adequate, and where such activities will not conflict with normal park usage. A community group permit must be obtained prior to the service or rally in accordance with PMC 9.20.100. (4) All persons must leave park buildings and structures in a condition satisfactory to the parks director. No person shall conduct activities causing extra custodial work unless previous agreement has been made to pay for such work and this is stated on the use permit. The parks director may require a deposit sufficient to cover possible added custodial or security costs. (5) Persons using facilities by permit will be required to protect, defend, save, and hold the city, its elected and appointed officials, employees, and volunteers, while acting within the scope of their duties, harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of a person or group's members or employees or third parties on account of any action, including but not limited to personal injuries, death, or damage to property arising out of the use of premises, or in any way arising out of the acts or omissions of the person, group, and /or its agents, employees or representatives. (6) During all periods of use, persons using facilities by permit shall obtain and maintain public liability insurance in such form and amounts as determined by the parks director. (7) The use of park facilities for financial gain shall be allowed only through concession contracts with the city or by written permit from the parks director. (8) Permits and schedules for the use of park facilities are officially issued or distributed by the parks director. Park facility rental policies and fees are adopted in writing by the parks director. Participants shall yield to the holder of such permits or schedules. Participants with or without a permit or schedule shall abide by all rules and regulations within this chapter and as promulgated by the parks director. (9) It is unlawful for any person to violate or fail to comply with any park rule or regulation duly promulgated by the parks director or as set forth in this chapter. (Ord. 2948 § 2, 2009; Ord. 2840 § 2, 2005). 9.20.020 Certain erections prohibited — Exceptions. It is unlawful to use, place, or erect any signboard, sign, billboard, bulletin board, post, pole or device of any kind for advertising in any part, or on the public right -of -way attached thereto, or to attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, railing, post or structure within any park, or on the public right -of -way attached thereto, or without the written consent of the parks director to place or erect in any park a structure of any kind; provided, that http: / /www. codepublishing.corn/walpuyallupl html lPuyallupO9lPuyallupO920.html 06/07/2013 Chapter 9.20 PUYALLUP PUBLIC PARKS AND PUBLIC FACILITIES Page 4 of 12 the parks director may issue a written permit for the placement of temporary directional signs or decorations on occasions of public celebration and picnics. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978). 9.20.030 Removal or destruction of property. It is unlawful to remove, destroy, mutilate or deface any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, shrub, tree, fern, plant, flower, lighting system, or sprinkling system or any permanent work in any park. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978). 9.20.040 Animal restrictions. (1) It is unlawful for an owner to allow the owner's animal to run at large in any park, or enter any lake, pond, fountain or stream therein. All dogs must be on a leash at all times, except when in those areas specifically designated by the director as off -leash areas. (2) It is unlawful for an owner to allow the owner's animal to enter or remain on a city -owned athletic field, except that an owner may allow the owner's animal to enter or remain on spectator or city- designated areas. The director shall have authority to designate spectator areas and areas where owners may allow pets to enter and remain. (3) The restrictions herein do not apply to police dogs or service animals, as defined in this section. (4) For purposes of this section, an "owner" is any person or other entity which controls or possesses an animal. The phrase "controls or possesses" shall include possession, harboring, keeping, controlling, having an interest in, responsibility for, or having custody of an animal. (5) "Service animal" means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items, as defined by 28 C.F.R. Section 36.104, as amended. (6) "Police dog" means a dog used by a public safety official that is specially trained for law enforcement or detection work and under the control of a dog handler, as defined by RCW 4.24.410, as amended. (Ord. 2911 § 1, 2008; Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978). 9.20.050 Fireworks, firearms, and weapons. It is unlawful to shoot, fire, discharge or explode any air gun, 13-13 gun, firearm, fireworks, firecrackers, torpedoes or explosives of any kind or to carry any bows and arrows or use any slingshot in any park unless a written permit has been obtained from the parks director. A law enforcement officer acting pursuant to lawful authority is exempt from this section. (Ord. 3004 § 1, 2012; Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978). 9.20.060 Interference with wildlife. It is unlawful in any manner to tease, annoy, disturb, molest, catch, injure or kill or to throw any stone or missile of any kind at or strike with any stick or weapon any animal, bird, fowl or fish in any park, or to feed any fowl in the park except at areas designated by the parks director. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978). http: / /www.codepublishing.com/wa/ puyallup / html /Puyallup09/PuyallupO920.html 06/07/2013 Chapter 9.20 PUYALLUP PUBLIC PARKS AND PUBLIC FACILITIES Page 5 of 12 9.20.070 Restrictions on loudspeakers, radios, and other sound - making devices. (1) It is unlawful to operate or use any loudspeaker or mechanical device designed to amplify one's voice or sound from a musical instrument in a park without a written permit or concession contract from the parks director. (2) It is unlawful for any person to play a radio, stereo, television set, or similar devices at volumes such that they may be heard over 20 feet from the source except as authorized by a written permit or concession contract from the parks director. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978). 9.20.080 Circuses and exhibitions. It is unlawful to hold, operate, or conduct a circus, carnival, or traveling exhibition in any park, except such activities as may be a regular part of the parks and recreation program conducted by the parks director, or without a written permit from the parks director. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978). 9.20.090 Sales. It is unlawful to sell refreshments or merchandise in any park without the written consent of, or a concession contract with, the parks director. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978). 9.20.100 Meetings and literature distribution. It is unlawful to hold or participate in any religious or political meeting or other assembly, or to distribute literature in any park without first obtaining the written permission of the parks director. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978). 9.20.110 Watercraft restrictions. It is unlawful to have, keep, or operate any gasoline motorized boat, float, raft or other watercraft in or upon any bay, lake, slough, river, or creek within the limits of any park or to launch the same at any point upon the shores thereof bordering upon any park, except at places set apart for such purposes by the parks director and so designated by signs. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978). 9.20.120 Vehicles and horses. It is unlawful to drive any motor vehicle over or through any park, except along and upon the park drives, parkways, park boulevards, or at a speed in excess of 15 miles per hour; or to stand or park any vehicle, except in areas that are designated by the parks director. Improperly parked vehicles are subject to towaway. It is unlawful to ride or lead horses in any areas of the park, except in areas designated by the parks director for such purposes and so designated by signs. Official city vehicles conducting city business or other official vehicles as approved by the parks director are exempt from this section. (Ord. 2948 § 3, 2009; Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978). 9.20.130 Camping. (1) Unlawful Camping in Public Places. Except as permitted by permit pursuant to subsection (4) of this section or as otherwise provided by ordinance, it shall be unlawful for any person to camp in any park or other public place. (2) Unlawful Storage of Personal Property in Public Places. Except as permitted by permit pursuant to subsection (4) of this section or as otherwise provided by ordinance, it shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in any park or other public place. http: / /www.codepublishing. com/wa/ puyallup / html /Puyallup09/PuyallupO920.html 06/07/2013 Chapter 9.20 PUYALLUP PUBLIC PARKS AND PUBLIC FACILITIES Page 6 of 12 (3) Parked Recreational Vehicles Exempt. The provisions of this chapter shall not prohibit recreational vehicles from being parked within or on any park or other public place, subject to the applicable parking provisions of this code, if said recreational vehicle is not at that time being used as temporary living quarters or otherwise inhabited. A recreational vehicle may only be inhabited within or on any park or other public place pursuant to subsection (4) of this section. (4) Permit. (a) The director is authorized, by permit, to allow persons to camp, occupy camp facilities, use camp paraphernalia, or store personal property within or on any park or other public place that may be designated by the city for such use in the city of Puyallup. (b) The director shall approve a permit as provided under this section when, from a consideration of the application and from such other information as may otherwise be obtained, the director finds that: (i) Adequate sanitary facilities are provided and accessible at or near the campsite; (ii) Adequate trash receptacles and trash collection is to be provided; (iii) The camping activity will not unreasonably disturb or interfere with the peace, comfort, and repose of private property owners; and (iv) The camping activity is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct, or create a disturbance. (c) The director is authorized to promulgate rules and regulations regarding the implementation and enforcement of this chapter. (d) No permit shall be issued for a period of time in excess of seven calendar days. Any person denied a permit may appeal the denial to the hearing examiner pursuant to Chapter 2.54 PMC. The decision of the hearing examiner shall be final unless appealed to the superior court pursuant to said chapter. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978). 9.20.140 Sports events. It is unlawful to practice or play golf, baseball, cricket, lacrosse, polo, archery, hockey, tennis or other games of like character or to hurl or propel any airborne or other missile or to fly any model airplane except at places set apart for such purposes by the parks director and so designated by signs. (Ord. 2948 § 4, 2009; Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978). 9.20.150 Littering. It is unlawful to throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk or advertising matter in the park or to deposit any such material therein, except in designated receptacles. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978). 9.20.160 Refuse restrictions. It is unlawful to deposit any refuse, not generated in parks, in designated receptacles. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978). http: / /www. codepublishing.com/wa/ puyallup / html /Puyallup09/PuyallupO920.html 06/07/2013 Chapter 9.20 PUYALLUP PUBLIC PARKS AND PUBLIC FACILITIES Page 7 of 12 9.20.170 Testing motor vehicles. It is unlawful to operate any motor vehicle or motorcycle for the purpose of testing it, or ascertaining its fitness for service, along or upon any park or trail. (Ord. 2948 § 5, 2009; Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978). 9.20.180 Vehicle or animal competitions. It is unlawful to engage in, conduct, or hold any trials or competitions for speed, endurance or hill climbing involving any vehicle, boat, aircraft or animal in any park without written permission of the parks director. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978). 9.20.190 Fires. It is unlawful to build any fires in any park except in areas designated by the parks director. Campfires, including those used for cooking and in barbecues, may only be built in areas designated by the parks director. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978). 9.20.195 Lighted material in city park property prohibited. It is unlawful for any person to smoke cigars, cigarettes, tobacco, or other material or to throw any lighted tobacco, cigars, cigarettes, matches, firecrackers, or other lighted material on or within any city park, including without limitation any shelters or other structures located in such parks; provided, a person may dispose of smoking materials in a receptacle designed for such purpose if such item is placed within a park. Enforcement officers shall make a good faith effort to warn persons observed to be in violation of this section before issuing a violation notice. The director shall post signs in appropriate locations advising patrons of this section. Failure to comply with this section shall constitute a civil infraction or a civil violation, subject to the procedures and penalties contained in Chapter 1.02 or 1.03 PMC, and, notwithstanding penalty provisions set forth in other provisions of this chapter, shall not be construed as a misdemeanor. (Ord. 2948 § 6, 2009; Ord. 2840 § 2, 2005). 9.20.200 Alcohol. It is unlawful to bring into or consume in any park or facility any alcoholic beverages unless written permission has first been made to and approved by the parks director. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978). 9.20.210 Disorderly conduct and profanity. It is unlawful to use profane or abusive language or to conduct oneself in a disorderly manner on park property or in any public facility owned or managed by the city. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978). 9.20.215 Pedestrian interference. (1) A person is guilty of pedestrian interference if, in a public place, he or she intentionally: (a) Obstructs pedestrian or vehicular traffic; or (b) Aggressively begs. (2) For purposes of this section, the following definitions apply: (a) "Aggressively beg" means to beg with the intent to intimidate another person into giving money or goods. (b) "Beg" means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means. http: / /www.codepublishing.com/wa/ puyallup / html /Puyallup09/PuyallupO920.html 06/07/2013 Chapter 9.20 PUYALLUP PUBLIC PARKS AND PUBLIC FACILITIES Page 8 of 12 (c) "Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled. (d) "Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one's constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant with this chapter or with PMC 10.20.040 shall not constitute obstruction of pedestrian or vehicular traffic. (e) "Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks, trails, and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to public buildings and the grounds enclosing them. (3) A violation of this section shall be a civil infraction and shall be subject to a fine of up to $250.00, plus statutory assessments. If the person is unable to pay the monetary penalty, the court may order performance of a number of hours of community service in lieu of a monetary penalty. The default amount shall be $100.00. (4) Notwithstanding and in lieu of the penalties provided under subsection (3) of this section, a violation of this section is a misdemeanor, punishable by a fine not to exceed $1,000 or imprisonment not to exceed 90 days or by both such fine and imprisonment, if the offender has at least two prior violations of this section. (Ord. 2840 § 2, 2005). 9.20.217 Sitting or lying down upon public sidewalk prohibited. (1) Prohibition. No person shall sit or lie down upon a public sidewalk, or upon a blanket, chair, stool, or any other object placed upon a public sidewalk, during the hours between 7:00 a.m. and 9:00 p.m. in the following zones: (a) The central business district core or central business district, which terms mean all areas presently or hereafter designated in the central business district core (CBD -Core) zone or central business district (CBD) zone. (2) Exceptions. The prohibition in subsection (1) of this section shall not apply to any person: (a) Sitting or lying down on a public sidewalk due to a medical emergency; (b) Who, as the result of a disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk; (c) Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to a street use permit; or a person participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a street use or other applicable permit; (d) Sitting on a chair or bench located on the public sidewalk which is supplied by a public agency or by the abutting private property owner; (e) Sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation. http: / /vvww.codepublishing.com/wa/ puyallup / html /Puyallup09/Puyallup0920.html 06/07/2013 Chapter 9.20 PUYALLUP PUBLIC PARKS AND PUBLIC FACILITIES Page 9 of 12 Nothing in any of these exceptions shall be construed to permit any conduct which is prohibited by this or any other chapter of the Puyallup Municipal Code. (3) No person shall be cited under this section unless the person has been notified by a law enforcement officer that their conduct is prohibited by this section. (4) A violation of this section shall be a civil infraction and shall be subject to a fine of up to $250.00, plus statutory assessment. If the person is unable to pay the monetary penalty, the court may order performance of a number of hours of community service in lieu of a monetary penalty. The default amount shall be $100.00. (5) Notwithstanding and in lieu of the penalties provided under subsection (4) of this section, a violation of this section is a misdemeanor, punishable by a fine not to exceed $1,000 or imprisonment not to exceed 90 days or by both such fine and imprisonment, if the offender has at least two prior violations of this section. (Ord. 2948 § 7, 2009; Ord. 2840 § 2, 2005). 9.20.220 Remaining after closing hour. It is unlawful to remain in any park after the posted closing time. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978). 9.20.225 Park hours. (1) The hours during which Puyallup city parks will be open to the public are as follows: October 1 st — March 31 st 6:00 a.m. — 8:00 p.m. daily April 1 st —September 30th 6:00 a.m. — 10:00 p.m. daily Provided, however, the following exceptions for the parks listed below: Clark's Creek North: October 1 st — March 31 st 6:00 a.m. — 9:00 p.m. daily April 1 st — September 30th 6:00 a.m. — 11:00 p.m. daily Clark's Creek South: Year -Round Open 6:00 a.m.; close one -half hour after sunset Wildwood Park: October 1 st — March 31 st Open 6:00 a.m.; close one -half hour after sunset April 1 st —September 30th Open 6:00 a.m.; close one -half hour after sunset (main park) http: / /www.codepublishing. com/wa/ puyallup / html /Puyallup09/PuyallupO920.html 06/07/2013 Chapter 9.20 PUYALLUP PUBLIC PARKS AND PUBLIC FACILITIES Page 10 of 12 April 1 st — September 30th Open 6:00 a.m. —11:00 P.M. (baseball field) Manorwood Park: Year -Round Open 6:00 a.m.; close one -half hour after sunset Bradley Lake Park: October 1st — March 31 st 6:00 a.m. — 7:00 p.m. daily Puyallup Valley Sports Complex: Year -Round 5:30 a.m. — 11:00 P.M. Riverfront Trail: Year -Round Open one -half hour before sunrise; close one -half hour after sunset Skate Park: September 1 st — June 15th Sun. —Thur. 7:00 a.m. — 9:00 p. M. Fri. and Sat. 8:00 a.m. —11:00 p.m. June 16th — August 31st 8:00 a.m. — 11:00 p.m. daily (2) Puyallup city parks shall be closed to the public at all other times without written authorization from the parks director. (Ord. 2885 § 1, 2007; Ord. 2840 § 2, 2005; Ord. 2300 § 1, 1992). 9.20.226 Puyallup City Hall Commons hours. The Puyallup City Hall Commons shall be open to the public from 6:00 a.m. to 11:00 p.m. all year, unless designated otherwise in writing by the parks director. (Ord. 2971 § 1, 2011). 9.20.230 Ejection of persons. Persons engaged in acts of conduct that create a substantial risk of causing injury to a person, or substantial harm to property, or who have engaged in the use or possession of intoxicating liquors or dangerous drugs, or who have engaged in conduct which tends to or does disturb the public peace, provoke disorder, or endanger the safety of others, may be ordered by a law enforcement officer having probable cause to believe that such conduct has occurred to leave any city park. No person who has been ordered to leave a park pursuant to this section shall fail or refuse to leave, or return to the park during any period ordered not to do so by an official with appropriate jurisdiction. (Ord. 2840 § 2, 2005). http: / /www. codepublishing.com/wa/ puyallup / html /Puyallup09/PuyallupO920.html 06/07/2013 Chapter 9.20 PUYALLUP PUBLIC PARKS AND PUBLIC FACILITIES Page 11 of 12 9.20.240 Disruption of public facilities. A person is guilty of disruption of a public facility if he or she enters or remains in a public facility and: (1) Intentionally interferes with the proper functioning of the public facility by causing a substantial disruption of the public facility or the activities occurring at the public facility; or (2) Intentionally interferes with the use of the public facility by other members of the public and such interference is caused while the person is using the public facility in a manner other than that for which the public facility was intended. (Ord. 2840 § 2, 2005). 9.20.250 Public facility — Illegal activity — Prohibition of entry. (1) Issuance of an Order Prohibiting Entry. (a) A law enforcement officer may issue a written notice and order prohibiting entry ( "order") to an individual prohibiting such person from entering a public facility if there is probable cause to believe that such person engaged in criminal activity prohibited by the Puyallup Municipal Code ( "PMC ") or the Revised Code of Washington ( "RCW'), or violates any provision of this chapter. (b) An order may be issued regardless of whether the person subject to the order was charged with a crime or issued a civil infraction. (2) Contents of an Order Prohibiting Entry. An order, to the extent possible, shall contain the following information: (a) Name, gender, address, date of birth, and physical characteristics of the person prohibited from entering a public facility; (b) The PMC or RCW section that the person violated; (c) Date and location of violation; (d) A summary of the factual basis for issuance of the order; (e) The law enforcement officer's identification number who issued the order; and (f) A summary of the appeal rights provided for in subsection (4) of this section. (3) Duration of an Order Prohibiting Entry. An order issued pursuant to this section shall be in effect for 45 calendar days from the date of issuance. (4) Appeal of an Order Prohibiting Entry. (a) A person who is issued an order may appeal such order by filing a request for a hearing with the Puyallup municipal court. The court shall set and conduct a hearing within 10 calendar days of such request being filed with the court. (b) The city must establish that the order was issued based on the standard provided for in subsection (1)(a) of this section. In the absence of proof of a written request to produce the law enforcement officer who issued the order, served on the city attorney's office within seven calendar days prior to the hearing, the order is admissible in lieu of the law enforcement officer appearing at the hearing, so long as the order substantially meets the requirements of subsection (2) of this section and RCW 9A.72.085. http: / /www. codepublishing.com/wa/ puyallup / html /Puyallup09/PuyallupO920.html 06/07/2013 Chapter 9.20 PUYALLUP PUBLIC PARKS AND PUBLIC FACILITIES Page 12 of 12 (c) The court shall affirm, revoke, or modify the order. (d) All restrictions contained in the order shall remain in effect during the appeal process. (Ord. 3036 § 1, 2013). 9.20.260 Penalty. (1) Any person, party, firm, corporation, or other legal entity found in violation of any of the provisions of this chapter shall be fully subject to the civil infraction or civil violation procedures and penalties contained in Chapter 1.02 or 1.03 PMC. Each day or portion of a day during which a violation of this chapter is committed or continued shall constitute a separate offense. (2) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor, punishable by a fine of a sum not exceeding $1,000 or by imprisonment not exceeding 90 days or by both such fine and imprisonment. Each separate day or portion thereof during which any violation of any adopted code or provision of this code continues shall constitute a separate violation and upon conviction thereof shall be punished as provided in this section. (3) This section is not applicable and does not modify the penalty provisions stated in PMC 9.20.215 and 9.20.217. (Ord. 2948 § 8, 2009; Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978. Formerly 9.20.230). The Puyallup Municipal Code is current through Ordinance City Website: http: / /www.cityofpuyallup.org/ 3041, passed May 7, 2013. ( http: / /www.cityofpuyallup.org /) Disclaimer: The City Clerk's Office has the official version of the City Telephone: (253) 841 -5480 Puyallup Municipal Code. Users should contact the City Clerk's Code Publishing Company Office for ordinances passed subsequent to the ordinance cited ( http: / /www.codepublishing.com /) above. el-ibrary ( http: / /www.codepublishing .com /elibrary.html) http: / /www.codepublishing. com /wa /Puyallup/ html /Puyallup09/PuyallupO920.html 06/07/2013 park Rules Parks, Rec & Tourism Parks, Rec & Tourism Home Employment Online Documents & Forms Facility Rentals Park Rules Pool & Aquatic Playgrounds Register Online Information Scholarship Program Skate Park Rules Special Events Special Event Permits Adult Activities Youth Activities Volunteer Opportunities Contact Us Can't find what you are looking for.? Try out our new search engine -> search... co Home How Do I... Online Services I Calendar I Services I Contact us I A To 2 Park Rules 9 -44 RULES AND REGULATIONS FOR CITY PARKS SECTION: 9 -44 -010: Purpose 9-44 -020: Park Rules 9-44 -030: Posting of Rules 9 -44 -040: Open to Public Events Page 1 of 2 Departments Residents Visitors Business Help Parks Interactive Map 9-44 -010: Purpose: Certain rules and regulations governing the operation of the City BMW parks and recreational areas are adopted by the Parks and Recreation Commission in order to achieve the greatest amount of good for the residents of the City and community in general. 9-44 -020: Park Rules: The following are hereby adopted as park rules and regulations of the City of Kennewick, which are applicable to all public parks and recreational areas Viet: Parks owned by or include the control of the officials of the City of Kennewick: (1) Parks close one -half hour after sunset until 6:00 a.m. Written permission from City of Kennewick Parks Department may be obtained for special events; (2) All dogs must be on leashes; (3) No horse riding is allowed, (4) Defacing or destroying property is prohibited; (5) Areas being irrigated or mowed are closed to public use; (6) All waste material must be deposited in refuse cans, (7) Kite flying is prohibited in Lawrence Scott and Kenwood Parks due to hazardous conditions; (8) No alcohol allowed on park/recreation premises. Written permission may be obtained for special events in Columbia Park; (9) No golf practice use, except within the boundaries of the Columbia Park Golf Course; (10) Pet owners must pick up pet waste and deposit in refuse containers; (11) At fishing lagoon at the east end of Columbia Park; (a) Only juveniles (14 years and younger) and persons with disabilities with a reduced fee license are allowed to fish, (b) Fishing Season is year round; (c) Daily fishing limit is a total of five (5) game fish, no minimum size; (d) No bird feeding, (e) No swimming allowed; (f) No floating devices allowed without a permit, (12) Tobacco products use is not permitted within 20 -feet of park playgrounds and tot - lots. 9-44 -025: Trespassing: In addition to such other penalties as may be imposed by law for the violation of posted rules and regulations or the commission of other offenses in Kennewick Municipal Parks, the Kennewick Police or the Director of Parks are authorized to issue trespass notifications to any person against whom they have probable cause to believe have committed a crime or infraction while on a City park. The trespass notification will be valid for 30 to 365 days and will identify the park or parks from which the offender is excluded. The Park Commission may extend or expand this notice by motion. 9-44 -030: Posting of Rules: These rules and regulations are to be posted at conspicuous places in the City parks and recreational areas. The authority and penalties for the above rules and regulations are indicated in Kennewick Municipal Code 10.08.040. 9 -44 -040: Open to Public Events: "Open to Public" events are not allowed except with written permission from the Parks and Recreation Department. Recreation Brochure Follow Kennewick Recreation 'Emitter feceDook http:// www. go2kennewick .comlgo2kennewickldefault.aspx ?option =com flexicontent &vi... 06/07/2013 i park Rules Having trouble with our site? Please contact the webmaster: webmaster@ci.kennewick.wa.us Events Home Mail Login Page 2 of 2 City Hall - 210 W. 6th Ave. Office Hours - Mon -Fri 8:30am to 4:30pm Copyright 2012, City of Kennewick Ph: (509Y585-4200 http:// www. go2kennewick .comlgo2kennewickldefault.aspx ?option =com flexicontent &vi... 06/07/2013 (5) "Employed" means hired by a dependent person, another person acting on behalf of a dependent person, or by an organization or governmental entity, to provide to a dependent person any of the basic necessities of life. A person may be "employed" regardless of whether the person is paid for the services or, if paid, regardless of who pays for the person's services. (6) "Parent" has its ordinary meaning and also includes a guardian and the authorized agent of a parent or guardian. (7) "Abandons" means leaving a child or other dependent person without the means or ability to obtain one or more of the basic necessities of life. (Ord. 4060 Sec. 1, 2002) 10.08.010: Failure to Disperse: (1) A person is guilty of failure to disperse if. (a) He congregates with a group of three or more other persons, and there are acts or conduct within the group which create a substantial risk of harm to property, or injury to persons; and (b) He refuses or fails to disperse when ordered to do so by a peace officer, or other public servant engaged in enforcing or executing the laws. (2) Failure to disperse is a misdemeanor. (Ord. 2641 Sec. 10, 1981: Ord. 2089 Sec. 2 (part), 1977) 10.08.020: Disorderly Conduct: (1) A person is guilty of disorderly conduct under this section, if he: (a) Uses abusive language, and thereby intentionally creates a risk of assault; or (b) Intentionally disrupts any lawful assembly or meeting of persons, without legal authority; or (c) Intentionally obstructs vehicular or pedestrian traffic, without legal authority. (2) Disorderly conduct is a misdemeanor. (Ord. 5239 Sec. 1, 2008: Ord. 2876 Sec. 4, 1984: Ord. 2641 Sec. 11, 1981: Ord. 2089 Sec. 2 (part), 1977) 10.08.030: Disruption of School Activities: A person is guilty of disruption of school activities if he comes into, or remains in, any school building or classroom, upon any school ground, or street, sidewalk, or public way adjacent thereto and intentionally causes undue disruption of the activities of the school. Disruption of school activities is a misdemeanor. (Ord. 2876 Sec. 5, 1984: Ord. 2089 Sec. 2 (part), 1977) 10.08.040: City Park Regulations: It is unlawful for any person to violate any posted rule or regulation of the Kennewick Park Commission. Violation of a park rule which independently is a criminal act shall be punished as the crime; violation is otherwise an infraction. (Ord. 2855 Sec. 2, 1984: Ord. 2089 Sec. 2 (part), 1977) 10.08.050: Littering: It is unlawful for any person to willfully or negligently throw from any vehicle, or to place or deposit upon or along any street or alley, upon public or private property, except in containers provided therefor, any debris, paper, litter, glass bottle, glass, can, nail, tack, wire, trash or garbage, lighted material, or other waste substance. Littering is a misdemeanor. (Ord. 2089 Sec. 2 (part), 1977) 10.08.060: Riot: A person is guilty of the crime of riot, if, acting with three or more other persons, he knowingly and unlawfully uses or threatens to use force, or in any way 10.08-2 1, , RESOLUTION NO. 2009-65 A RESOLUTION, to promote the health and wellness of Wenatchee residents and visitors by establishing City of Wenatchee Parks and Recreation facilities as tobacco -free zones. WHEREAS, the City of Wenatchee advocates and promotes good health, wellness and quality of life for its citizens and visitors; and WHEREAS, the mission of the Wenatchee Parks and Recreation Department is to provide recreational and leisure opportunities that enhance the quality of life for its citizens and providing safe environments, and has an obligation to prohibit those activities which it deems contrary to this mission; and WHEREAS, the City of Wenatchee has a unique opportunity to create and sustain an environment that supports a non - tobacco norm through a tobacco -free policy, and adult -peer role modeling on City -owned outdoor recreational facilities; and WHEREAS, the City of Wenatchee believes parents, leaders, and officials involved in recreation are role models for youth and can have a positive effect on the lifestyle choices they make; and WHEREAS, cigarettes, once consumed in public spaces, are often discarded on the ground requiring additional maintenance expenses, diminish the beauty of the City's recreational facilities, and pose a risk to toddlers due to ingestion; and WHEREAS, tobacco use is the single most preventable cause of death and disease in the United States, leading to more deaths than most other leading causes combined; and RESOLUTION NO. 2009-65 Page 1 r WHEREAS, second hand smoke contains many harmful chemicals and cancer- causing agents, and is a serious health risk to humans, especially infants, children and pregnant women; and WHEREAS, second hand smoke increases a non - smoker's risk for heart disease and lung cancer; and WHEREAS, chewing tobacco, snuff, or dip (referred to as "Spit Tobacco ") are tobacco products containing many harmful chemicals and cancer- causing agents, and their use is associated with cancers of the mouth, gums, tongue and throat; and WHEREAS, the use of spit tobacco is associated with saliva, or spit, being cast upon the ground, seating areas and other surfaces in recreational settings, resulting in increased risk of non -users being exposed to the bacteria and viruses of a variety of respiratory illnesses; and WHEREAS, smoking decreases lung function, reduces oxygen available for muscles and lungs, and slows lung growth; and WHEREAS, tobacco -use, exposure to secondary smoke and exposure to tobacco saliva spit are contrary to enhancing the quality of life and providing safe environments; and WHEREAS, over a two year period the City Parks and Recreation Advisory Board and City Council conducted public meetings to gather input and determine if the prohibition of tobacco use at the City's park and recreational facilities serves to protect the health, safety and welfare of the citizens of the City. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Wenatchee that the following tobacco -free policy is adopted: RESOLUTION NO. 2009-65 Page 2 1.0 Purpose 1.1 The City of Wenatchee is committed to promoting healthy individuals and maintaining a quality of life for the maximum benefit of the community; therefore, it is within our role to proactively address these facts: 1.1.1 Secondhand smoke contains hundreds of harmful chemicals and carcinogens. It is a serious health risk to humans, especially infants, children and pregnant women. It is a risk factor for new cases of asthma in children. There is ample evidence that these risks exist even when exposure occurs in open areas. 1.1.2 Tobacco products, once consumed in public spaces, are often discarded on the ground, thus posing a risk of ingestion to toddlers and pets, and causing a litter problem. 1.1.3 As parents, leaders, coaches, officials and adults we are thought of as role models, and the use of tobacco products around youth has a negative effect on their lifestyle choices. 2.0 Policy 2.1 Park Properties that are owned and operated by the City of Wenatchee will be designated as "Tobacco Free," and will be identified by appropriate signage. 3.0 Procedures 3.1 The outdoor Tobacco Free Park Policy will be promoted and observed as a voluntary compliance policy. It is expected that tobacco users will exercise self discipline. 3.2 Appropriate places within city owned parks will be posted with signage designating the areas that are Tobacco Free. 3.3 An outreach and education strategy will be developed, with the assistance of the Chelan Douglas Health District and possibly other partners. 3.4 Tobacco Free policy language will be added to park rental forms, recreation activity guide and other park related information distributed to the community. 3.5 For the purpose of measuring the success of the program, the City of Wenatchee Parks and Recreation staff and the Chelan Douglas Health District will periodically (and passively) observe Tobacco Free sites for rates of compliance, and gathering input from park users. RESOLUTION NO. 2009-65 Page 3 PASSED BY THE CITY COUNCIL OF THE CITY OF WENATCHEE at a regular meeting thereof this (q day of N oyGm be r '2009. CITY OF WENATCHEE, a Municipal Corporation By DENNIS JOHNS N, Mayor ATTEST: By: BRENDA GUSKE, City Clerk RESOLUTION NO. 2009 -65 Page 4 i Final policy: September 10, 2009 Spokane Parks and Recreation Board Policy: Tobacco -Free Park Zones In Parks and Recreation Areas and/or Facilities Land Committee Recommended Approval of Pilot Project: April 30, 2003 Park Board Approval of Pilot Project: May 8, 2003 Pilot Program Effective Date: June 1, 2003, to December 31, 2003 Land Committee Recommended Approval of Permanent Policy: May 5, 2004 Park Board Recommended Approval of Permanent Policy: May 13, 2004 Permanent Policv Effective Date: May 13, 2004 Revised Policy approved by Park Board: July 9, 2009 Revised Policy Approved by Park Board: September 10, 2009 1.0 PURPOSE 1.1 To establish a Park Board Policy designating specific tobacco -free zones in Parks and Recreation areas and /or facilities. 1.2 To increase public awareness that consideration must be exercised by tobacco product users when they are in the proximity to non - tobacco users. Of primary importance is role modeling, by adults to eliminate tobacco use by youth and children. 1.3 To establish tobacco -free zones at large public events conducted in Parks and Recreation areas and /or facilities. 1.4 To help minimize the amount of litter from discarded tobacco products on park property. 2.0 REFERENCESIAUTHORITY 2.1 City Charter Article V, Parks and Park Board, Section 48 Park Board powers: "To make Rules and Regulations for the.use of parks and provide for the enforcement of such Rules and Regulations ". TOBACCO -FREE PARK ZONES POLICY Page Number 1 2.2 Rules of the Park Board Section 14, General Operating Policies and Procedures, Ruling and Appeals: "The Park Board may from time to time adopt operating policies, rules of procedures, and codes of ethics to facilitate and guide the conduct of its business, which shall be considered an appendage to these rules of the Park Board." "The Director of Parks and Recreation may adopt administrative rules, policies, and procedures not in conflict with these rules or established law as he /she deems necessary to orderly conduct of the Parks and Recreation Department in administering Park Board business." 3.0 DEFINITIONS 3.1 Park Use Rules: Standard rules for use of parks and park facilities. 3.2 Tobacco Users: Anyone using tobacco products of any type in tobacco - free zones in Parks and Recreation areas and /or facilities. 3.3 Department: The City of Spokane Parks and Recreation Department. 3.4 Director: The Director of the City of Spokane Parks and Recreation Department. 3.5 Board: The Spokane Parks and Recreation Board. 3.6 Parks and Recreation Areas: All property owned and /or managed by the Spokane Parks and Recreation Department including all facilities located thereon except in any public right of way. 3.7 Tobacco -Free Zones Areas: Any Parks and Recreation owned /or managed property or facility displaying tobacco -free signage. 3.8 Park Staff. Administrative staff working for the Spokane Parks and Recreation Department. 4.0 POLICY 4.1 Tobacco -free zones areas are established where children recreate, such as playgrounds, swim pools, splash pads, picnic shelters, park restrooms, skateparks, formal gardens, etc. Community events where tobacco use is restricted will be added as appropriate. TOBACCO -FREE PARK ZONES POLICY Page Number 2 4.2 it shall be the Policy of the Park Board to coordinate all media information regarding tobacco -free. . 4.3 The Spokane Parks and Recreation Department will provide and install standardized tobacco -free zone signs where required. 4.4 Funding will be sought for procurement and installation of signs through outside resources. Temporary event signage will be the responsibility of the event sponsor. 4.5 The promotion of tobacco based products is prohibited at all park properties and events conducted on park property. 4.6 Each and every request for an event permit will require a review of the Tobacco policy with the user group. 4.7 Enforcement of this policy will be self directed and by peer pressure influence. Voluntary compliance will be encouraged through signage, educational material, and public information releases. Spokane Parks and Recreation Department 808 West Spokane Falls Boulevard -- Fifth Floor City Hall Spokane, Washington 99201 -3317 509 -625 -6200 www.spokaneparks.org FINAL TOBACCO -FREE ZONES IN PARKS AND RECREATION AREAS POLICY DISTRIBUTED SEPTEMBER 10, 2009 TO: Park Board Members Parks and Recreation Department Administrative Team Members Spokane County Parks and Recreation Department Jennifer Hansen, Spokane Regional Health District Neighborhood Services Department Mayor's Office TOBACCO -FREE PARK. ZONES POLICY Page Number 3 CITY OF MOSES LAKE MUNICIPAL CODE CHAPTER 8.56 SMOKING AND TOBACCO USE PROHIBITED IN CITY PARKS Sections: 8.56.010 Smoking and Tobacco Use Prohibited in City Parks 8.56.020 Penalty 8.56.010 Smoking and Tobacco Use Prohibited in City Parks: Smoking and tobacco use are prohibited in and within twenty -five feet (25') of the Moses Lake Family Aquatic Center, the Moses Lake Centennial Amphitheater, the Skateboard Park, and any ice skating rink, in the bleachers adjacent to any baseball, softball, soccer, or any other playfield, within twenty -five feet (25') of any softball, baseball, soccer, or any other playfield, within twenty -five feet (25') of any concession stand or public eating area in any park, within twenty -five feet (25') of any public market, festival or public gathering conducted in any city park, within twenty -five feet (25') of any restroom in any park, within twenty -five feet (25') of any playground or play area in any park including basketball courts or the like, and within twenty -five feet (25') of any BMX track, or the like. Smoking and tobacco use means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment and any other use of tobacco products. (Ord. 2262, 6/27/06) 8.56.020 Penalty: Failure to comply with the provisions of this chapter shall subject the violator to a C -7 penalty as defined in Chapter 1.08 of this code. (Ord. 2262, 6/27/06) 55 (6/06) C� 7 C' UG1/� (C9vkVd,/ Section 15.04.130 Tobacco products. No person shall smoke or use any form of tobacco in any park. (M -3996, Added, 12/05/2011, Section 15 - Effective 1/5/2012) Page 1 of 1 Chapter 8.18 PARK RULES AND REGULATIONS &.4 �,V CrvUO J Chapter 8.18 PARK RULES AND REGULATIONS Sections: Page 1 of 11 8.18.010 Purpose. 8.18.020 Definitions. 8.18.030 Allowable hours of operation. 8.18.040 Nonpermitted activities. 8.18.045 Smoking and tobacco use regulated. 8.18.050 Lease of park property and facilities. 8.18.060 Parks maintenance and operations. 8.18.065 Volunteers. 8.18.070 Donations. 8.18.080 Requirements for special use of park and city property. 8.18.090 Park master plan standards. 8.18.100 Naming of park facilities. 8.18.110 Park use permit procedures. 8.18.120 Appeals. 8.18.130 Liability. 8.18.140 Enforcement of special event or park use permits and lease agreements. 8.18.150 Violations. 8.18.160 Exclusion. 8.18.165 Duration of exclusion. 8.18.170 Notice and appeal. 8.18.175 Park hearings officer. 8.18.010 Purpose. The establishment and maintenance of park property and facilities is intended to benefit current and future citizens of the city of Battle Ground by providing opportunities for active and passive recreation. Rules and regulations governing use of park properties and park facilities will help to ensure that park property and park facilities are used and maintained in a beneficial manner to the community. The foregoing parks rules and regulations are intended to provide standards for the public use and enjoyment of these facilities and to provide for the public health, safety, welfare and protection in the use and enjoyment of these facilities. (Ord. 11 -09 § 1 (part), 2011: Ord. 99 -028 § 1 (part), 1999) 8.18.020 Definitions. The terms used in this chapter of the Battle Ground Municipal Code shall be defined as follows: "Camp" means to erect a tent or other shelter or to use a sleeping bag, a vehicle or a trailer camper for the purpose of or in such a way as will permit remaining overnight. "Campsites" means designated camping sites which are designated for the use of tent campers, and at which no water, sewer or electrical facilities are available for hookup to a trailer or a camper. http://www.mrsc.org/mc/battlegroundibattlgrO8/battlgrO8l8.html 06/06/2013 Chapter 8.18 PARK RULES AND REGULATIONS "City" means the city of Battle Ground. "City council" means the elected members of the Battle Ground city council. "City manager" means the city manager of the city of Battle Ground or his or her designee. Page 2 of 11 "Motor vehicle" means any self - propelled device capable of being moved upon a road or other surface by which any persons or property may be transported, and shall include but not be limited to automobiles, boats, trucks, motorcycles, motor scooters, jeeps or similar type four - wheel -drive vehicles and snowmobiles. "Non -motor vehicle" means any device capable of being moved upon a sidewalk, trail or other surface by which any persons or property may be transported, and shall include but not be limited to mobility devices, skateboards, scooters and bicycles. "Park" means all public parks, plazas, public squares, playgrounds, activity centers and associated buildings, sidewalks and parking lots, designated open spaces, designated sensitive lands and other facilities of the city of Battle Ground specified in the City of Battle Ground Comprehensive Parks, Recreation and Open Space Plan and /or acquired by the city which are identified as park and recreation facilities owned and operated by the city and /or jointly owned and operated by the city and other designated entities. "Parks and recreation director" means the employee of the city charged with the responsibility of administering the city's parks and recreation programs and enforcing park rules and regulations. "Person" means all persons, firms, partnerships, corporations, clubs and all associations or combinations of persons whenever acting for themselves or by an agent, employee or member. "Planning director" means the employee of the city charged with the responsibility of administering and enforcing the land development regulations of the city. "Public works director" means the employee of the city charged with the responsibility of administering the city's public works department and enforcing public works rules and regulations. "Smoking and tobacco use" means the carrying or smoking of a kind of lighted pipe, cigar, cigarette or any other lighted smoking equipment and any other use of tobacco products. "Structure" means any piece of work, artificially built up or composed of parts jointed together in some definite manner. "Trail" means any path or track designed for use by pedestrians or bicycles and which use is not permitted by standard passenger automobiles, or other rights -of -way specifically designated and posted for nonvehicular use. http://www.mrse.org/mc/battleground/battlgr08/battlgrO8l8.html 06/06/2013 Chapter 8.18 PARK RULES AND REGULATIONS Page 3 of 11 "Trailer" means a towed vehicle which contains any sleeping or housekeeping accommodation, boat, food cart, animal, or apparatus or is designed for the purpose of transporting any of the same by towing behind a vehicle. "Type I application" means an application procedure that involves no or little discretionary decision - making on the part of the regulating agency and has no or little significant impact to abutting property owners and /or the public in general. (Ord. 12 -02 § 1 (part), 2012: Ord. 11 -09 § 1 (part), 2011: Ord. 08 -10 (part), 2008: Ord. 07 -14 § 1, 2007: Ord. 99 -028 § 1 (part), 1999) 8.18.030 Allowable hours of operation. Parks shall be open to the public from dawn to dusk. Skateboard park hours shall be seasonal and includes a peak and nonpeak season. Peak season operating hours shall be March 1st to October 31st, dawn to 10:00 p.m.; nonpeak operating hours shall be November 1 st to February 28th, dawn to dusk. Activities on park property or in park facilities that exceed normal hours of operation may be authorized in association with a lease agreement, special event/park use permit or a facility rental reservation. (Ord. 11 -09 § 1 (part), 2011: Ord. 08 -10 (part), 2008: Ord. 07 -11 § 1 (part), 2007: Ord. 99 -028 § 1 (part), 1999) 8.18.040 Nonpermitted activities. A. All activities that constitute civil or criminal violations under local, state or federal statutes are not permitted within park property and /or park facilities. B. The following activities are not permitted in city parks and park facilities unless expressly authorized by the parks and recreation director or his or her designee or city council as part of the park use permit process, facility rental reservation or a lease agreement. Activities That Are Hazardous to Others. a. Practicing or playing of games or activities in a manner that could knowingly harm other persons, animals and /or real or personal property; b. Building and operating fires except in park - provided or personal portable barbeque units; c. Negligent operation of a motor vehicle or nonmotorized modes of transportation including operating in an area not specifically designated for such usage and /or exceeding a vehicle speed of fifteen miles per hour. 2. Activities Interfering with Other Citizens' Use and Enjoyment of Park Property and Facilities. a. Activities conducted for private gain or profit, charge an admission or entry fee and /or provide free promotions or give -aways of product or merchandise without prior authorization from the city; b. Operation of a powered public address system or amplified music speaker system or other means of amplifying sound, unless permitted through city- sponsored events or http://www.mrsc.org/mc/battlegroundibattlgrO8/battlgrO8l8.html 06/06/2013 Chapter 8.18 PARK RULES AND REGULATIONS Page 4 of 11 through a special events permitting process; provided, however, that no language or musical lyrics shall be used which are offensive to the public; c. Operation of a remote - controlled internal combustion or electric powered vehicle, aircraft, or watercraft except in such places the parks and recreation director may designate for such use; d. Knowingly operating a motorized or nonmotorized vehicle in a manner that causes harm or destruction to the natural plants, trees and /or animals of a park; e. Overnight parking of recreational vehicles or trailers except as authorized by a park use permit, lease agreement or in association with a recognized and sanctioned community or special event; f. Posting signs, posters and notices of a private nature not authorized by a park use permit and not in conformance with the sign ordinance in effect at the time; g. Interfering with the use of a reserved area of any park obtained through an approved park use permit process or leased to an organization, business or person; h. Solicitation of donations, collections and /or contributions by a person(s), or for charitable, educational, business or entertainment purpose, or peddling or hawking any goods or services, unless permitted through an approved city permit or a contract for service or lease; i. Solicitations of donations, collections or contributions by a person for personal, business or entertainment purposes in Fairgrounds Park south of the Little League 3 enclosed fenced fields and including parking lots and sidewalks adjacent to the Battle Ground Community Center unless permitted through approved city permit or a contract for service; j. The possession or consumption of alcoholic beverages except in designated areas or facilities which have prior approval through a rental reservation or a park permit; k. The shooting or firing or exploding of any firearms, fireworks, explosives, bow and arrow, sling shot or other weapon, toy or real, which discharges a pellet or other object with harmful force. 3. Activities Not in Conformance with General Rules of Behavior. a. Failure to use designated existing trail systems to protect the ecosystem of a park property and /or intrusion into environmentally sensitive areas with manual or mechanical equipment when posted or otherwise designated as an area to remain undisturbed; b. Failure to keep pets on a leash except seeing eye dogs, dogs used for law enforcement or in a designated off -leash area; c. Failure to clean up animal feces and dispose of it properly; http://www.mrsc.org/mc/battleground/battlgr08/battlgrO8l8.html 06/06/2013 Chapter 8.18 PARK RULES AND REGULATIONS Page 5 of 1 I d. Failure to throw any refuse, litter, glass, plastic bottles, junk or advertising material in designated receptacles; e. Knowingly causing harm or destruction to park property including but not limited to plants, shrubs, trees, animals or birds; climbing trees or other structures not meant for that purpose; f. Willfully removing, destroying, mutilating or defacing any structure, monument, statue, fountain, wall, fence or railing, vehicle, park furniture or fixture, lighting system, sprinkler system or other property in any park; g. Urinating or defecating in any park or park facility except in a convenience station designed for that purpose; or to blow, spread, or place any nasal or other bodily discharge; or spit, urinate or defecate on the floors, walls, partitions, furniture, fittings, or on any portion of any public convenience station not intended for that purpose; h. Swimming, bathing or wading in any park lake, river or pool except at such times and places as may be provided or designated for such purposes, such as parks with water features; i. The riding, driving or parking of any motorized vehicle in a city park outside of designated areas. (Ord. 12 -02 § 1 (part), 2012: Ord. 11 -09 § 1 (part), 2011: Ord. 08 -10 (part), 2008: Ord. 07 -031 § 1, 2007: Ord. 07 -11 § 1 (part), 2007: Ord. 99 -028 § 1 (part), 1999) 8.18.045 Smoking and tobacco use regulated. Smoking and tobacco use shall only be allowed in designated areas of all parks within the city of Battle Ground. Smoking and tobacco use are prohibited in any other parts of parks except as designated. (Ord. 11 -09 § 1 (part), 2011: Ord. 07 -14 § 2, 2007) 8.18.050 Lease of park property and facilities. A. All lease agreements shall be prepared and maintained in accordance with the following procedures. B. All long -term users of park property and park facilities shall enter into a lease agreement with the city with such lease agreements to be maintained on file at the city of Battle Ground City Hall and the parks and recreation department under the supervision of the parks and recreation director or his or her designee. 1. A lease agreement shall not exceed a maximum of five years, except that investments in park property and /or structures in excess of fifty thousand dollars, as approved by the city council, may be authorized for a longer term. 2. Lease fees for use of a park property and /or facilities shall be at a rate to be determined by the city council. (Ord. 11 -09 § 1 (part), 2011: Ord. 99 -028 § 1 (part), 1999) 8.18.060 Parks maintenance and operations. Parks maintenance and operations shall be conducted by the parks department of the city of Battle Ground or its authorized agent under the supervision of the park and http://www.mrsc.org/mc/battlegroundibattlgrO8/battlgrO8l8.html 06/06/2013 Chapter 8.18 PARK RULES AND REGULATIONS Page 6 of 11 recreation director or his or her designee. (Ord. 11 -09 § 1 (part), 2011: Ord. 08 -10 (part), 2008: Ord. 99 -028 § 1 (part), 1999) 8.18.065 Volunteers. Volunteer groups or organizations are encouraged to assist the city in the improvement and /or maintenance of its park property and /or park facilities. Such assistance may be on a one -time, annual or ongoing basis. The parks and recreation director or his /her designee shall coordinate and oversee all park volunteer improvement projects. (Ord. 11 -09 § 1 (part), 2011) 8.18.070 Donations. Donations by individuals, groups or organizations are encouraged to assist the city in the improvement and /or enhancement of its park property and /or park facilities. Such donations may include monetary donations and /or in -kind services or materials. The parks and recreation director or his /her designee shall oversee all park related donations and applicable policies. The city council shall make the final decision on the installation of any permanent improvement not identified in the park donation policy. (Ord. 11 -09 § 1 (part), 2011) 8.18.080 Requirements for special use of park and city property. Any special event on park property, city streets or rights -of -way is required to have prior approval from the city via a special event permit. If such activity is commenced without having first obtained city approval the park and recreation director and /or the chief of police or his or her designee shall have the discretionary authority to order the promoter or designated person in charge of the activity to cease operations immediately. Violation of this provision shall be a Class B misdemeanor. (Ord. 11 -09 § 1 (part), 2011. Formerly 8.18.070) 8.18.090 Park master plan standards. A. Rules and regulations may be developed in conjunction with specific park master plans that may result in additional rules and regulations on the use and enjoyment of specific park properties and /or facilities. The standards contained within this chapter should therefore be viewed as the minimal parks rules and regulations applicable to all park facilities and properties. B. Park master plans and the standards contained therein shall be reviewed for any necessary changes or updates on a scheduled basis to be determined by the parks and recreation director, parks advisory board and /or city council. (Ord. 11 -09 § 1 (part), 2011: Ord. 99 -028 § 1 (part), 1999. Formerly 8.18.080) 8.18.100 Naming of park facilities. Naming of park facilities shall be based on a recommendation from the parks advisory board to the city council. The parks advisory board shall either identify the name of a park or facility through a regularly scheduled meeting or will conduct a public hearing on the matter based on a determination by the parks advisory board that such a hearing is warranted. (Ord. 11 -09 § 1 (part), 2011: Ord. 99 -028 § 1 (part), 1999. Formerly 8.18.090) http://www.mrsc.org/mcibattlegroundibattlgrO8/battlgrO8l8.html 06/06/2013 Chapter 8.18 PARK RULES AND REGULATIONS Page 7 of 11 8.18.110 Park use permit procedures. A. The purpose of this section is to assure equal access to and enjoyment of park properties and facilities. Any person or organization desiring to utilize city park property and /or park facilities and /or streets and rights -of -way for a community event, special event or other similar activity that would substantially preclude normal public use and enjoyment of park property and /or facilities will be required to have an approved special events permit pursuant to Chapter 8.36 BGMC. Examples of activities that would require a special events permit include but are not limited to organized fairs, carnivals, concerts, performances, festivals or events, block parties, parades, sports events, exclusive use of a park property or facility in its entirety or a portion thereof, events or activities occurring after allowable hours of operation and /or that would cause noise regulated by Ordinance No. 98 -010 (Chapter 9.42 BGMC, Public Disturbance Noise). Examples of activities that would not require a special events permit are nonorganized sport usage of park properties or facilities, funeral processions or private events conducted on private property. B. If a lease agreement contains provisions and conditions for an activity occurring on park property or in a park facility, a separate special events permit shall not be required. (Ord. 11 -09 § 1 (part), 2011: Ord. 08 -10 (part), 2008: Ord. 07 -030 § 1, 2007: Ord. 99 -028 § 1 (part), 1999. Formerly 8.18.100) 8.18.120 Appeals. An applicant may appeal the decision on a special event or park use permit application within fourteen days of the date of the issuance of the determination or enforcement notification. Appeals shall be conducted in conformance with BGMC 17.200.140. An applicant appealing the parks and recreation director decision on a park use permit shall be charged an appeal fee. The fee shall be refunded to the applicant if the appeal is upheld. The Battle Ground city manager and /or his /her designee shall hear any appeals. (Ord. 11 -09 § 1 (part), 2011: Ord. 99 -028 § 1 (part), 1999. Formerly 8.18.110) 8.18.130 Liability. The provisions of this chapter shall not be construed as relieving or limiting in any way the responsibility or liability of any person, business or organization using park property or a park facility under the jurisdiction of the city of Battle Ground for personal injury or property damage resulting from the use, authorized or unauthorized, of park property or park facilities. Nor shall it be construed as imposing on the city or its officers or employees any responsibility or liability by reason of the approval or disapproval of a park use permit under the provisions of this chapter. (Ord. 11 -09 § 1 (part), 2011: Ord. 99 -028 § 1 (part), 1999. Formerly 8.18.120) 8.18.140 Enforcement of special event or park use permits and lease agreements. A. Violations of park use permit procedures may result in the revocation of an approved special event or park use permit by the park and recreation director or his or her designee. http://www.mrsc.org/mc/battleground/battlgr08/battlgrO8l8.html 06/06/2013 Chapter 8.18 PARK RULES AND REGULATIONS Page 8 of 11 B. Violations of the adopted parks rules and regulations by parties to lease agreements may result in suspension of an approved lease by the Battle Ground city council. (Ord. 11 -09 § 1 (part), 2011: Ord. 99 -028 § 1 (part), 1999. Formerly 8.18.130) 8.18.150 Violations. Additional violations of this chapter may be imposed or enforced under Chapter 8.34 BGMC. (Ord. 11 -09 § 1 (part), 2011: Ord. 03 -017 § 5, 2003. Formerly 8.18.140) 8.18.160 Exclusion. Any law enforcement officer of the city of Battle Ground may exclude from a Battle Ground city public park anyone within a city park who: A. Violates any provision of or within this chapter; or B. Violates any park rules as defined in this chapter; or C. Violates any provision of the City of Battle Ground Municipal Code or Revised Code of Washington. The subject need not be charged, tried or convicted of any crime or infraction in order for any exclusion notice to be issued or effective. The exclusion may be based upon observation by the law enforcement officer or upon civilian reports that would be ordinarily relied upon by the law enforcement officer in determination of probable cause. At the time of exclusion of the individual from the public park, the law enforcement officer shall deliver to that individual an exclusion notice. (Ord. 11 -09 § 1 (part), 2011: Ord. 07 -022 § 1, 2007. Formerly 8.18.150) 8.18.165 Duration of exclusion. A. If the subject has not been excluded from any city park by an exclusion notice issued within one year prior to the violation and the current violation is not a criminal offense (misdemeanor or felony) or an offense involving possession or use of weapons or controlled substances, then the subject may be excluded from all city parks for a period of two days from the date of the exclusion notice. B. If the subject has been issued only one prior exclusion notice within one year prior to the violation and neither the current violation nor the previous violation is a criminal offense (misdemeanor or felony) or an offense involving possession or use of weapons or controlled substances, then the subject may be excluded from all city parks for a period of seven days from the date of the exclusion notice. C. If the subject has been issued only two prior exclusion notices within one year prior to the violation and neither the current violation nor the previous violations are a criminal offense (misdemeanor or felony) or an offense involving possession or use of weapons or controlled substances, then the subject may be excluded from all city parks for a period of thirty days from the date of the exclusion notice. D. If the subject has been issued only three prior exclusion notices within one year prior to the violation and neither the current violation nor the previous violations are a criminal offense (misdemeanor or felony) or an offense involving possession or use of http://www.mrsc.org/mcibattlegroundibattlgrO8ibattlgrO8l8.html 06/06/2013 Chapter 8.18 PARK RULES AND REGULATIONS Page 9 of 11 weapons or controlled substances, then the subject may be excluded from all city parks for a period of six months from the date of the exclusion notice. E. If the subject has committed a misdemeanor offense and has not been excluded from any city park by an exclusion notice issued within one year prior to the violation and the current violation is not a felony criminal offense or an offense involving possession or use of weapons or controlled substances, then the subject may be excluded from all city parks for a period of thirty days from the date of the exclusion notice. F. If the subject has committed a misdemeanor offense and has been issued only one prior exclusion notice within one year prior to the violation and neither the current violation nor the previous violation is a felony criminal offense or an offense involving possession or use of weapons or controlled substances, then the subject may be excluded from all city parks for a period of ninety days from the date of the exclusion notice. G. If the subject has committed a misdemeanor offense and has been issued only two prior exclusion notices within one year prior to the violation and neither the current violation nor the previous violation is a felony criminal offense or an offense involving possession or use of weapons or controlled substances, then the subject may be excluded from all city parks for a period of six months from the date of the exclusion notice. H. If the subject has committed a misdemeanor offense and has been issued only three prior exclusion notices within one year prior to the violation and neither the current violation nor the previous violation is a felony criminal offense or an offense involving possession or use of weapons or controlled substances, then the subject may be excluded from all city parks for a period of one year from the date of the exclusion notice. I. If the subject has committed a felony offense or an offense involving the possession or use of weapons or a controlled substance and has not been excluded from any city park by an exclusion notice issued within one year prior to the violation, then the subject may be excluded from all city parks for a period of ninety days from the date of the exclusion notice. J. If the subject has committed a felony offense or an offense involving the possession or use of weapons or a controlled substance and has been issued only one prior exclusion notice within one year prior to the violation, then the subject may be excluded from all city parks for a period of six months from the date of the exclusion notice. K. If the subject has committed a felony offense or an offense involving the possession or use of weapons or a controlled substance and has been issued only two prior exclusion notices within one year prior to the violation, then the subject may be excluded from all city parks for a period of one year from the date of the exclusion notice. http://www.mrsc.org/mcibattleground/battlgrO8/battlgrO8l8.html 06/06/2013 Chapter 8. 18 PARK RULES AND REGULATIONS Page 10 of 11 L. If the subject returns to any city park during the time of exclusion, he /she will be subject to arrest and prosecution for criminal trespass. The aforementioned exclusion notice rules are summarized below: Type of Offense First Second Third Fourth Park Rules Violation 2 7 days 30 6 days days months Misdemeanor 30 90 days 6 1 year days months Felony/Weapons /Drug 90 6 1 year days months (Ord. 11 -09 § 1 (part), 2011: Ord. 07 -022 § 2, 2007. Formerly 8.18.155) 8.18.170 Notice and appeal. A. The exclusion notice shall be in writing and shall contain the date of issuance. The exclusion notice shall specify the length and places of exclusion. It shall be signed by the issuing individual. Warning of the consequences for failure to comply shall be prominently displayed on the notice. B. Only the park hearings officer, and only after a hearing, may shorten or rescind an exclusion notice. C. A subject receiving an exclusion notice longer than seven days may seek a hearing before the park hearings officer to have the exclusion notice shortened or rescinded. The request for a hearing shall be delivered to the park hearings officer's office no later than ten days after the issuance date of the exclusion notice. The request for a hearing shall be in writing and shall be accompanied by a copy of the notice on which the hearing is sought. The hearing should occur within fourteen days after the park hearings officer receives the request. The park hearings officer shall take reasonable steps to notify the subject of the date, time and place of the hearing. D. At the hearing, the violation must be proven by a preponderance of the evidence in order to uphold the exclusion notice. If the notice was issued because of the alleged violation of any criminal law, the offender need not be charged, tried or convicted for the exclusion notice to be upheld. The notice establishes a prima facie case that the subject committed the violation as described. The park hearings officer shall consider a sworn report or a declaration under penalty of perjury as authorized by RCW 9A.72.080, written by the issuer, without further evidentiary foundation. The park hearings officer may consider information that would not be admissible under the evidence rules in a court of law but which the examiner considers relevant and trustworthy. E. If the violation is proven, the exclusion notice shall be upheld; but upon good cause shown, the examiner may shorten the duration of the exclusion. If the violation is not proven the examiner shall rescind the exclusion. If the exclusion is rescinded it shall not be considered a prior exclusion. http://www.mrsc.org/mc/battleground/battlgr08/battlgrO8l8.html 06/06/2013 Chapter 8.18 PARK RULES AND REGULATIONS Page 11 of 11 F. The decision of a park hearings officer is final. A subject seeking judicial review of the examiner's finding must file an application for a writ of review in the Clark County superior court within fourteen days of the date of that decision. G. The exclusion shall remain in effect during the pending of any administrative or judicial proceeding. H. When excluding a person under the age of thirteen, a reasonable effort will be made by the person issuing the exclusion to notify the parents /guardian of the exclusion. (Ord. 11 -09 § 1 (part), 2011: Ord. 07 -022 § 3, 2007. Formerly 8.18.160) 8.18.175 Park hearings officer. The city manager shall appoint a park hearings officer who shall conduct a hearing if an appeal is filed pursuant to BGMC 8.18.170. The park hearings officer shall have the authority to issue subpoenas to compel attendance. (Ord. 11 -09 § 1 (part), 2011: Ord. 07 -022 § 4, 2007. Formerly 8.18.165) http://www.mrsc.org/mcibattleground/battlgrO8/battlgrO8l8.html 06/06/2013