HomeMy WebLinkAboutO-2829 - Adds Ch. 6.82, park code (6.82)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.J.g).q
An ORDINANCE of the City of Marysville,Washington,relating to parks
and recreation and the City's penal code;adopting and adding a new
Chapter 6.82 (Park Code)to Title 6 of the Marysville Municipal Code.
WHEREAS,unlawful and inappropriate behavior in the City's parks diminishes these
precious assets and deprives citizens of the full use and enjoyment of the natural beauty,
recreational opportunities and peaceful repose that parks are intended to preserve in an urban
setting;and
WHEREAS,in addition to more serious criminal acts that threaten personal injury and property
damage,a wide range ofillegal disorderly behavior can transform a park into an unwelcoming,
unattractive and ultimately unsafe public space requiring increased expenditures for public safety
and maintenance;and
WHEREAS,the law intended to preserve and protect the parks for the benefit ofall are effective
only if those who use the parks obey the law.The current criminal and civil penalties for
violating the law are frequently inadequate alone to deter illegal behavior,prevent its recurrence
or provide for the removal of the offender from the park;and
WHEREAS,compliance with the law,including the Parks Code and regulations,will be
enhanced by the immediate administrative sanction ofexcluding from a park those who violate
the law,and for repeat offenders and for more serious offenses,exclusion for an extended period
oftime will provide a necessary additional remedy to protect the parks;and
WHEREAS,due to the geographic proximity ofsome parks,the similarity ofsome park
functions and the potential displacement ofillegal behavior from one park to another,it is
necessary to provide for exclusion from groups ofparks or all parks under certain circumstances,
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.A new Chapter 6.82 is hereby adopted and added to Title 6 of the Marysville
Municipal Code and shall read as follows:
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W/mv/ord.ch.6.82 parks and recreation
Sections:
6.82.010
6.82.015
6.82.020
6.82.025
6.82.030
6.82.035
6.82.040
6.82.045
6.82.050
6.82.055
6.82.060
6.82.065
6.82.070
6.82.075
6.82.080
6.82.085
6.82.090
6.82.095
6.82.100
6.82.105
6.82.110
6.82.120
6.82.125
6.82.130
6.82.135
6.82.140
6.82.145
6.82.150
6.82.155
6.82.160
6.82.165
6.82.170
6.82.175
6.82.180
6.82.185
6.82.190
Chapter 6.82
PARK CODE
Short title.
Applicability.
Definitions.
Construction ofprovisions.
Regulations issued by director.
Enforcement.
Park hours.
Posting signs.
Defacing property.
Littering prohibited.
Abandonment of animals.
Animals at large.
Weapons.
Feeding animals.
Selling refreshments or merchandise.
Overnight camping prohibited
Reservation ofpark and recreational facilities.
Facility use permit-Application.
Facility use permit-Denial.
Parks and recreation facilities-Fee for use.
Boating.
Motor vehicle operation.
Parking.
Bicycle operation.
Skateboarding.
Noise.
Remote control models,hang gliders,hot air balloons.
Urinating in public.
Trail use.
Golfing,baseball,etc.
Building fires.
Alcoholic beverages.
Trespass in parks-Punishment.
Principal offender defined.
Park exclusion.
Penalty for violations.
6.82.010 Short title.
This chapter shall constitute the park code of the city of Marysville and may be
cited as such.
6.82.015 Applicability.
This chapter constitutes the general regulations which will be in effect for all city
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W/mv/ord.ch.6.82 parks and recreation
parks and for all other property under the management ofthe Park and Recreation
Department.These general regulations are in addition to other applicable City,
State,and Federal laws and regulations.
6.82.020 Definitions.
The terms herein used,unless clearly contrary to or inconsistent with the context
in which used,shall be construed as follows:
A."Park Board"means the members of the parks and recreation board of the
city;
B."Park"means and includes all city parks,public squares,park drives,
parkways,boulevards,golf course,park museums,zoos,bathing beaches,and
play and recreation grounds under the jurisdiction ofthe park board.
C."Director"means the director of the city of Marysville parks and recreation
department or his/her designee.
D."Department"means the city ofMarysville parks and recreation department.
6.82.025 Construction of provisions.
This chapter is declared to be an exercise of the police power of the state and
Marysville for the public peace,health,safety and welfare,and its provisions shall
be liberally construed.
6.82.030 Regulations issued by director.
A.The director is authorized to issue rules and regulations for the use of park
property,facilities,and equipment.
B.It is unlawful to violate or fail to comply with any park rule or regulation duly
adopted and posted by the director.
C.The city assumes no liability for the condition of the parks property subject to
this chapter and the regulations and rules adopted by the director.
6.82.035 Enforcement.
Except as otherwise provided in the park code,City law enforcement personnel
are authorized and shall be responsible for enforcing the park code.
6.82.040 Park hours.
Except as otherwise posted or permitted,city parks shall be open to the public
from 6:30 a.m.to dusk,and shall be closed to the public at all other times.
6.82.045 Posting signs.
It is unlawful to use,place or erect any signboard,sign,billboard,bulletin board,
post,pole or device ofany kind of advertising in any park;or to attach any notice,
bill,poster,sign,wire,rod or cord to any tree,shrub,railing,post or structure in
any park;or,without the written consent of the director,to place or erect in any
park a structure ofany kind;provided,however,that the director may approve the
posting of temporary directional signs or decorations on occasions of public
celebration and picnics.
6.82.050 Defacing property.
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W/mv/ord.ch.6.82 parks and recreation
It is unlawful for any person,except an authorized employee or agent of the city,
to remove,destroy,mutilate or deface any park property,structure,facility or
station.This prohibition applies to all aspects of the natural or landscaped
environment and to any structure,object,equipment,improvement,or other park
property.
6.82.055 Littering prohibited.
A.No person shall throw or deposit litter on any park property,except in public
receptacles and in such a manner that the litter will be prevented from being
carried or deposited by the elements upon any part of the park,or upon any street
or other public place.Where public receptacles are not provided,all litter shall be
carried away and properly disposed of.
B.No person shall use department litter receptacles in the following manner:
1.No person shall damage,deface,abuse,or misuse any litter receptacle
so as to interfere with its proper function or detract from its proper appearance.
2.No person shall deposit leaves, clippings,prunings,or gardening refuse
in any litter receptacle.
3.No person shall deposit household garbage in any litter receptacle;
provided that this subsection shall not be construed to mean that wastes of food
consumed on park property may not be deposited in litter receptacles.
C.Whenever litter dumped in violation of this chapter contains three or more
items bearing the name of one individual,there shall be a rebuttable presumption
that the individual whose name appears on such items committed the unlawful act
oflittering.
D.For purposes of this section,"litter"means garbage,refuse,rubbish,or any
other waste material which,if thrown or deposited as prohibited in this section
tends to create a nuisance which annoys,injures,or endangers the health,safety,
or comfort ofthe public.
E.A violation of this section is a civil infraction and shall be enforced in
accordance with MMC 4.02.040.
F.The amount of the civil infraction fine for any person littering in an amount
less than or equal to one cubic foot shall be fifty dollars ($50),not including
statutory assessments;the fine for any person littering in an amount greater than
one cubic foot shall be $250,not including statutory assessments.Unless
suspended or modified by a court,the person shall also pay a litter cleanup fee of
$25 per cubic foot of litter.The court may,in addition to or in lieu of part or all of
the cleanup fee,order the person to pick up and remove litter from the property.
6.82.060 Abandonment of animals.
No person shall abandon an animal by intentionally,knowingly,recklessly or
with criminal negligence leaving a domesticated animal in a park.
6.82.065 Animals at large.
A.It is unlawful for any person to allow or permit any animal to be at large in
any park,except dog guides or service animals,as defined in Chapter 70.84 RCW
(White Cane Law),or those animals used by a law enforcement officer;provided,
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W/mv/ord,ch.6,82 parks and recreation
that except in areas in which animals are prohibited,animals are permitted in a
park if on a leash not greater than ten feet in length,or otherwise securely caged
or securely restrained.
B.The director may ban dogs and other pets from areas of any park where the
director determines it appropriate.
C.Any person with any animal in his or her possession in any park shall be
responsible for the conduct ofthe animal and shall not allow the animal to bite or
otherwise molest or annoy other park visitors.
D.Any person with an animal in his or her possession in any park shall carry
equipment for removing fecal matter,and shall collect and place fecal matter
deposited by such animal in an appropriate receptacle.
E.Notwithstanding subsection A of this section,the director may designate
certain areas in parks as allowing dogs and/or other pets to be off leash.
6.82.070 Weapons.
It is unlawful to shoot or fire any firearm,air gun,bows and arrows,B.B.gun or
use any slingshot in any park;provided,this section shall not apply to law
enforcement personnel or to department of parks and recreation employees acting
pursuant to and in accordance with rules and regulations of the director;and
provided further,that this section shall not apply to participants in a parks and
recreation program which,as a component of the program,includes the use of
such weapons;and provided further,that this section shall not apply to hunters
accessing areas designated for purposes of hunting in accordance with
Washington State Department ofFish and Wildlife regulations.
6.82.075 Feeding animals.
It is unlawful to tease,annoy,disturb,molest,catch,hunt,trap,injure or kill any
animal,bird,fowl or fish unless said activity is on behalf of the city by a
representative or agent of the city to remove or control a nuisance or hazardous
situation.This provision shall not prevent fishing except in areas so designated by
the city council.It shall be unlawful to feed and/or remove ducks,geese or other
waterfowl in any public park and/or beach area.
6.82.080 Selling refreshments or merchandise.
A.The sale offood,drink,other merchandise,or any services on park property is
prohibited,unless the seller has either written permission from the director,or a
concession sales contract with the city.
B.The rental of any merchandise or materials on park property is prohibited,
unless the renter has written permission from the director or a concession contract
with the city.
6.82.085 Overnight camping prohibited.
Except as otherwise permitted by the director,overnight camping is prohibited
within city parks.
6.82.090 Reservation ofpark and recreational facilities.
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W/mv/ord.ch.6.82 parks and recreation
City parks and recreational facilities are available for public use in accordance
with this chapter and park rules and regulations.Reservations for use of these
facilities is required for any community special or private event involving more
than routine use of such facilities.Park facilities may only be reserved a total of
twelve (12)times within a calendar year by any person,group or non-profit
organization.
6.82.095 Facility use permit-Application.
Reservations as required in Section 6.82.090 shall be made by obtaining a permit
through the office of the director of parks and recreation.A facility use permit
may be obtained by submitting a written application and an executed facility use
agreement to the director's office,at least fourteen (14)working days prior to the
day of the intended use.The application and facility use agreement shall contain
such information,terms and conditions as the director shall deem necessary to
insure compliance with Sections 6.82.090 through 6.82.100 and/or any other
applicable laws,and regulations and city policies.
6.82.100 Facility use permit-Denial.
Applications that are submitted in a timely manner and that are complete will be
denied,approved or approved with conditions within seven (7)calendar days
prior to the date scheduled for the event.Denial of applications will be based on
one or more of the following:
A.The space had already been applied to for reservation at the time of the
application submission,or;
B.The event or assembly for which the permit is sought would,because of its
time,place or nature,obstruct or substantially interfere with the enjoyment and
use by the general public;or
C.The event or assembly for which a permit is sought is in violation ofsections
6.82.090 through 6.82.100 and/or any other applicable ordinance,law and/or
regulation.
The director shall have authority to approve a permit subject to the applicant
meeting reasonable conditions consistent with sections 6.82.090 through 6.82.100
and city ordinances,regulations and/or policies as now exist or are hereafter
amended.
6.82.105 Parks and recreation facilities-Fee for use.
Users are required to pay fees for the use of city park and recreation facilities as
are established by city ordinances,resolution,regulations and/or policies as now
exist or are hereafter amended.
6.82.110 Boating.
It is unlawful to have,keep or operate any boat,float,raft or other watercraft in or
upon any bay,lake,pond, slough,river or creek,within the limits ofany park,or
to land the same on 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.Further,it is unlawful for any person to moor any watercraft
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W/mv/ord,ch,6,82 parks and recreation
overnight III any park,except by permit of the parks director or his or her
designee.
6.82.120 Motor vehicle operation.
A.The general speed limit for all motor vehicles and motorcycles within city
parks is five (5)miles per hour unless otherwise posted by the director.
B.Motor vehicles and motorcycles may be operated only on paved roadways.
"Paved roadways"as used in this subsection does not include paved ways marked
by the director for the exclusive use ofpedestrians,bicycles,or wheelchairs.
6.82.125 Parking.
Motor vehicles shall park only in designated paved or graveled parking areas.
Parking spaces within city parks are reserved for the use of park patrons during
open park hours;parking during closed park hours,overnight parking,and
residential parking on park property is prohibited.Nor shall any person park any
vehicle in any park for the principal purpose of washing,greasing,or repairing
such vehicle except repairs necessitated by an emergency.
6.82.130 Bicycle operation.
Except as otherwise posted or permitted by the director,bicycles,tricycles and
unicycles may be operated and ridden only on paved and graveled ways within
city parks,and shall not be operated and ridden on trails within the city parks.
6.82.135 Skateboarding.
Unless otherwise posted by the director,it is unlawful to use skateboards,in-line
skates,roller skates,or bicycles on trails,paths or internal sidewalks ofcity parks.
It is unlawful to use skateboards,in-line skates,roller skates,or bicycles in any
other area ofa park ifso posted.
6.82.140 Noise.
A.No person shall,without prior written approval of the parks director or
authorized parks department employee,cause or allow to be emitted noise in a
park which:
1.Exceeds the maximum permissible noise levels set forth in MMC
6.76.040;or
2.Is a motor vehicle noise specifically prohibited by MMC 6.76.060 or
.070;or
3.Is a disturbance noise or a nuisance noise as set forth in MMC
6.76.060.
B.For purposes of this section,the definitions provided in MMC 6.76.020 shall
apply and are incorporated herein by this reference.
C.The penalties for violations ofthis section and enforcement thereof shall be in
accordance with MMC 6.76.090.
6.82.145 Remote control models,hang gliders,hot air balloons.
It is unlawful to operate any remote control and/or motorized model aircraft,
rocket,watercraft or similar device in any park,or to launch or land any hang
ORDINANCE - 7
W/mv/ord.ch.6.82 parks and recreation
glider or hot air balloon,except at places set apart by the parks director for such
purposes or as authorized by a permit from the parks director.
6.82.150 Urinating in public.
A person is guilty of urinating in public in a city park if he or she intentionally
urinates or defecates in a city park in a place other than a wash room or toilet
room.
6.82.155 Trail use.
Unless otherwise posted,it is unlawful to use bicycles or other similar wheeled
vehicles on unpaved trails.Further,it is unlawful for any person to travel on a
trail at a speed greater than five (5)miles per hour.In every event,speed shall be
so controlled as may be necessary to avoid colliding with others who are
complying with the law and using reasonable care Travel at speeds five (5)miles
per hour or less shall not relieve the rider from maintaining control ofthemselves
and their equipment,and from the duty to ride with due regard for the safety ofall
persons.
6.82.160 Golfing,baseball,etc.
It is unlawful to practice or play golf,baseball,cricket,polo,archery,hockey,
tennis,or other games of like character or to hurl or propel any airborne or other
missile except at places set apart for such purposes by the parks director.
6.82.165 Building fires.
It is unlawful to build any fires in any park except III areas constructed,
maintained and designated by the director.
6.82.170 Alcoholic beverages.
It is unlawful for any person to consume or possess any alcoholic beverage in a
city park,including unopened alcoholic beverage containers,except in those
areas,and/or at those events for which the appropriate license(s)/permit(s)has
been obtained from the state of Washington and a permit has been issued by the
director.
6.82.175 Trespass in parks-Punishment.
A.It shall constitute an trespass in a city park if any person who knowingly:(1)
enters or remains in a park from which he or she has been excluded during the
period covered by an exclusion notice pursuant to Section 2.20.230 of this
chapter;(2)enters,remains in,or is otherwise present within the premises of a
park during hours which the park or portion ofthe park is not open to the public,
unless the person is present within the park to participate in an activity either
conducted by the parks and recreation department or conducted pursuant to the
terms of a permit issued by the parks and recreation department;or (3)enters or
remains in any area of a park which has been designated and posted by the
director as a closed area,using such postings as "no admittance"or "closed to
use"or "no trespassing."
B.Unless otherwise posted,city parks are open to the public from six-thirty a.m.
ORDINANCE - 8
W/nw/ord.ch.6.82 parks and recreation
to dusk.The parks are closed to the public outside of posted times.The director
shall have the authority to modify the time a city park is open and closed to the
public where the director determines it appropriate.
C.The provisions of this section do not apply to any duly authorized department
of parks and recreation or other city employee in the performance of his or her
duties,or other person authorized by law.
6.82.180 Principal offender defined.
Anyone concerned in the violation ofthis chapter whether directly committing the
act or omitting to do the thing constituting the offense,or who aids or abets the
same,and whether present or absent,and anyone who directly or indirectly
counsels,encourages,hires,commands,induces or otherwise procures another to
commit such offense,is and shall be a principal under the terms of this chapter
and shall be proceeded against and prosecuted as such.
6.82.185 Park exclusion.
A.The parks director and hislher designees are empowered to exercise the
authority of law enforcement personnel to the extent necessary to enforce this
section.
B.The parks director or his/her designees may,by delivering an exclusion notice
in person to the offender,or by first class mail and certified mail to the offender at
the offender's last known address,exclude from a city park,anyone who within a
city park:
1.Violates any provision ofthis chapter;or
2.Violates any park rule;or
3.Violates any provision of the Marysville Municipal Code or Revised
Code ofWashington.
The offender need not be charged,tried,or convicted ofany crime or infraction in
order for an exclusion notice to be issued or be effective.The exclusion may be
based upon observation by the parks director or his/her designee or upon civilian
reports that would ordinarily be relied upon by police officers in the determination
ofprobable cause.
C.Ifthe offender:
1.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 weapon
violation,then the parks director or his/her designee may exclude the offender
from the city park in which the current violation occurred for a period not
exceeding seven (7)calendar days from the date of the exclusion notice.
2.Has been the subject of only one prior exclusion notice issued within
one year prior to the current violation and neither the current nor the past violation
was a weapon violation,then the parks director or his/her designee shall exclude
the offender from any or all city parks for a period of ninety (90)calendar days
from the date ofthe exclusion notice.
3.Has been the subject of two or more prior exclusion notices issued
within one (1)year prior to the current violation,or if the current violation is a
weapon violation,then the parks director or hislher designee shall exclude the
offender from any or all city parks for a period of one (1)year from the date ofthe
ORDINANCE - 9
W/rnv/ord.ch.6.82 parks and recreation
exclusion notice.
D.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.
E.Only the parks director or his/her designee after a hearing may rescind,shorten
or modify an exclusion notice.
F.An offender receiving an exclusion notice longer than seven (7)calendar days
may seek a hearing to have the exclusion notice rescinded,the period of exclusion
shortened,or the areas of exclusion reduced.The hearing examiner shall be an
elected or pro tempore Marysville municipal court judge,unless the mayor
designates another as hearing examiner.The request for a hearing shall be
delivered to the parks director or postmarked no later than seven (7)calendar days
after the issuance date of the exclusion notice.The request for hearing shall be in
writing and shall be accompanied by a copy of the exclusion notice on which the
hearing is sought.The hearing should occur within seven (7)calendar days after
the parks director receives the request for hearing.The parks director or his/her
designee shall take reasonable steps to notify the offender of the date,time,and
place ofthe hearing.
G.At the hearing,the violation must be proved by a preponderance of the
evidence in order to uphold the exclusion notice.If the exclusion notice was
issued because of the alleged violation ofany criminal law,the offender need not
be charged,tried,or convicted for the exclusion notice to be upheld.The
exclusion notice establishes a prima facie case that the offender committed the
violation as described.The hearing examiner shall consider a sworn report or a
declaration made under penalty of perjury,written by the individual who issued
the exclusion notice,without further evidentiary foundation.The hearing
examiner may consider information that would not be admissible under the
evidence rules in a court oflaw but which the hearing examiner considers relevant
and trustworthy.
H.If the violation is proved,the exclusion notice shall be upheld;but upon good
cause shown,the hearing examiner may shorten the duration of the exclusion or
reduce the areas covered by the exclusion.If the violation is not proved by a
preponderance of the evidence,the hearing examiner shall rescind the exclusion.
If the hearing examiner rescinds an exclusion,the exclusion shall not be
considered a prior exclusion for purposes ofsubsection C of this section.
1.The decision of the hearing examiner is final.An offender seeking judicial
review of hearing examiner's decision must file an application for a writ of
review in the Snohomish County superior court with fifteen (15)calendar days of
the date of that decision.
J.The exclusion shall remain in effect during the pendency of any administrative
or judicial proceeding.
K.No determination of facts made by a person conducting a hearing under this
section shall have any collateral estoppel effect on a subsequent criminal
prosecution or civil proceeding and shall not preclude litigation of those same
facts in a subsequent criminal prosecution or civil proceeding.
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W/mv/ord.ch.6.82 parks and recreation
L.This section shall be enforced so as to emphasize voluntary compliance with
laws and park rules,and so that inadvertent minor violations that would fall under
subsections B(1)and (2)can be corrected without resort to an exclusion notice.
6.82.190 Penalty for violations.
A.A violation of any of the provisions of sections 6.82.030,6.82.045, 6.82.055,
6.82.065, 6.82.075,6.82.080,6.82.085,6.82.090,6.82.095,6.82.105,6.82.110,
6.82.115, 6.82.125, 6.82.130, 6.82.135,6.82.145,6.82.155,6.82.160,and
6.82.165 constitutes a civil infraction and shall be enforced in accordance with
MMC 4.02.040.The amount of civil infraction fine shall be assessed in
accordance with the schedule provided in MMC 4.02.040(3)(g)(ii)and shall not
exceed five hundred dollars per violation.
B.A violation of any of the provisions of sections 6.82.050,6.82.060, 6.82.070,
6.82.150, 6.82.170,and 6.82.175 is a misdemeanor,and may be punished by a
fine of not more than one thousand dollars or by imprisonment not to exceed
ninety days or by both such fine and imprisonment.
C.The penalty for a violation of other sections of this chapter is as provided in
those respective sections.
Section 2.Ifany word,phrase,sentence,provision,or portion of this ordinance is declared
to be invalid or unenforceable,it shall not affect validity or enforceability of the remaining
words,phrases,sentences,provisions or portions ofthis ordinance.
Section 3.This ordinance shall take effect and be in force five (5)days after its passage,approval
and publication as provided by law.
PASSED by the City Council and APPROVED by the mayor this )..7 (/\day of5e-rt~
2010.
CITY OF MARYSVILLE.
~
ATTEST:
APPROVED AS TO FORM
~<.{\JQ9..e1
Grant K.Weed,City Attorney.
Date of Publication:1)vi /,0
ORDINANCE _11 {J
W/mv/ord.ch.6.82 parks and recreation