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).
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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
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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).
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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.
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(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).
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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.
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(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.
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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)
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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).
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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.
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(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
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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
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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.
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(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.
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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.
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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
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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;
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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
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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)
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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.
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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
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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.
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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.
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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)
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