Ordinance 19-018 Amends city parks CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 19-018
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING CHAPTER 6.05 OF THE SPOKANE VALLEY
MUNICIPAL CODE REGARDING REGULATION OF CITY PARKS, AND OTHER
MATTERS RELATING THERETO.
WHEREAS,the City of Spokane Valley is a non-charter code city as provided in Title 35A RCW,
and is a municipal corporation pursuant to the laws of the state of Washington; and
WHEREAS, pursuant to Article XI, Section 11 of the Washington State Constitution and RCW
35A.11.020, the City of Spokane Valley (City) is authorized to regulate public property within the City,
including parks; and
WHEREAS, public park property is intended for, and should be available to the public for its
intended purposes, including park recreational use, and pedestrian and bicycle transportation; and
WHEREAS, the City of Spokane Valley adopted and subsequently amended Spokane Valley
Municipal Code Section (SVMC) 6.05 to regulate certain activities within the City park system; and
WHEREAS,the City Council has not substantively amended chapter 6.05 SVMC since 2009, and
finds it necessary to do so now to provide for a safer, healthier park environment for all City residents; and
WHEREAS, the City Council hereby finds that the regulatory requirements established by the
proposed amendments are necessary for the preservation of the public peace, health, safety, and welfare.
NOW, THEREFORE,the City Council of the City of Spokane Valley ordains as follows:
Section 1. Findings. The City Council hereby finds that the recitals set forth above are hereby
adopted as findings for this Ordinance and incorporated herein as such.
Section 2. Adoption. Chapter 6.05 SVMC relating to park regulations is hereby amended as
set forth below:
6.05.010—Definitions.
The following definitions shall be used in this chapter:
"airborne vehicle" means any vehicle, whether capable of carrying humans or not, which is designed for
the purpose of becoming and remaining airborne, including but not limited to airplanes, helicopters, hang
gliders,model aircraft, unmanned aircraft systems(UAS or drone vehicles), and hot air balloons.
"alcoholic beverages"or"liquor" shall include alcohol, spirits,wine, beer, and malted beverages as those
terms are defined pursuant to RCW 66.04.010.
"City"means the City of Spokane Valley, Washington.
"commercial use"includes, but is not limited to the sale of any goods or services in City parks or facilities,
including food and beverage.
"Department"means the City of Spokane Valley Parks and Recreation Department.
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"Director" means the city manager or designee who is anticipated to be the director of the parks and
recreation department.
"high-risk or damaging activities"means use of such devices which create an elevated risk of harm to users
or other park users, or which create an elevated risk of damage to the facilities. Examples of such devices
include,but are not limited to inflatable play equipment, dunk tanks,hard-tip lawn darts,Frisbee golf discs,
and slip-n-slides.
"motor vehicle" means any self-propelled device capable of being moved upon a road and in, upon, or by
which any persons or property may be transported, including but not limited to automobiles, trucks,
motorcycles, mopeds, Class 2 or Class 3 motorized bicycles,motorized foot scooters,golf carts, all-terrain
vehicles or similar-type all-wheel-drive vehicles, and snowmobiles, whether or not they can be legally
operated upon the public highways.
"open space, trails or parks," collectively referred to as "City parks,"means any recreation or similar real
property under the ownership,management, or control of the City.
"park facility" or "facilities" means any building, structure, equipment, sign, shelter, swimming pool,
vegetation,playground, or other physical property owned or controlled by the City for park purposes.
"person" means any individual, group, firm, partnership, corporation, association, or club. City staff are
excluded from this definition.
"pets"means any domesticated animal,with the exception of qualifying service animal.
"trail" means any path, track, or right-of-way designed for use by pedestrians, non-motorized bicycles;or
other non-motorized modes of transportation.
6.05.020—Purpose.
City parks, including facilities and programs of the Department,are established and maintained by the City
for public recreational purposes. Chapter 6.05 SVMC is an exercise of the police power of the City, and
its provisions shall be liberally construed for the preservation and protection of the natural environment,
public peace, health, safety, and welfare. Unlawful and inappropriate behavior in the City's parks
diminishes these precious assets and deprives citizens individually and as a whole of the full use and
enjoyment of the natural beauty, recreational opportunities, and peaceful repose that parks are intended to
preserve.
6.05.030—Hours of Operation.
Unless otherwise established or approved in writing by the Director, City parks shall have the following
hours of operation:
April 15 to October 15—open at 6:00 a.m. and close at 9:00 p.m.; and
October 16 to April 14—open at 6:00 a.m. and close at 7:00 p.m.
Use of the Appleway Trail after these times shall be limited to non-motorized transportation, and all other
after-hour uses of these amenities is prohibited.
6.05.040—Special event permits.
A special event permit is required prior to holding a special event in any City park.If the Department deems
necessary, special event permits may be required for events involving more than the routine use of a City
park. Applicants shall apply for a special event permit and such applications shall be processed pursuant
to chapter 5.15 SVMC.
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When deemed necessary by the City to mitigate anticipated impacts on the park,traffic, and general public
health and welfare, and when deemed appropriate to carry out other requirements set forth in this chapter
6.05 SVMC,the Director may impose special conditions for a special event,which shall be included in the
permit. The Department reserves the right to cancel a permit for good cause. If reasonably possible, the
City shall provide notice of cancellation at least 24 hours in advance of the event.
A cancellation or denial of a special event permit for an event occurring in a City park may be appealed to
the City Manager by filing a written appeal with the city clerk within 10 days of the date of the decision.
Upon such appeal,the City Manager may reverse, affirm, or modify the Department's decision pursuant to
the criteria set forth in SVMC 6.05.040.
6.05.050—Sale of goods or services.
City parks are established for recreational purposes. Accordingly, commercial use, whether by for-profit
or non-profit entities, is prohibited except through written agreement with the City or by permit issued by
the Depattment. The City may require appropriate compensation from any commercial use, which may
include, but shall not be limited to, a per-event fee. Such compensation may be in addition to any rental
fee. Such compensation shall be determined based upon the nature of the event, the public benefit of the
event, and the impact to the City and City park facilities from the event, including how much of the park
facilities will be unavailable to other users. Any agreement or permit for sale of goods or services in City
parks shall include procuring and maintaining liability insurance at least consistent with that required in
SVMC 5.15.070.
6.05.060-Rules governing use of City parks and facilities—Violation an infraction.
A. Camping. Camping in City parks and facilities is defined and regulated pursuant to chapter 7.50 SVMC.
B. Fires.No person shall ignite or maintain any fire or participate in igniting,maintaining, or using any fire
within open space, trail, park, or facility except in a designated barbecue unit or in a designated fire pit
unless specifically authorized by the Department.
C. Food Waste, Washing of Clothes or Animals. No person shall clean fish or wash any clothing or other
articles for personal or household use, or any dog or other animal except at designated areas.
D. Game Fish.No person may fish for, or possess any fish taken from any river,pond, stream or other body
of water which area is posted with a sign prohibiting fishing, except as approved by special event permit
for Valleyfest.
E. Horses. Horses are prohibited in City parks and facilities.
F.Littering. Littering in City parks and facilities is prohibited.All waste and garbage shall be disposed of
in a garbage can or other receptacle designed for such purpose. Litter shall include excretory waste from
humans or pets.
G. Motor Vehicles - Operation. No person shall operate any motor vehicle on open space, trail, or park
property unless such area has been specifically designated and posted for such use.No person shall operate
a motor vehicle within the boundaries of a City park except on roads, streets, highways, parking lots,
parking areas, or where otherwise permitted by posted notice or special event permit pursuant to SVMC
6,05.040 and chapter 5.15 SVMC. This subsection shall not apply to emergency, maintenance, or other
authorized vehicles.
H. Motor Vehicles Parking.No operator of any motor vehicle, trailer, camper, or other vehicle shall park
such vehicle in any City park or facility except where the operator is using the area for a permitted
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recreational purpose, and the vehicle is parked either in the designated parking area or in another area with
the written permission of the Department.No person shall park, leave standing,or abandon a vehicle in any
facility after closing time except persons using park facilities as part of an event authorized in writing by
the Department. Any vehicle found in violation of SVMC 6.05.060 may be towed away at the owner's
expense. SVMC 6.05.060 shall not apply to maintenance and emergency vehicles or vehicles authorized by
the Department.
I. Motor Vehicles—Speed Limits.No person shall drive a motor vehicle within any City park or facility at
a speed greater than posted,having due regard for traffic, surface, and width of the road,and in no event at
a speed which endangers the safety of persons,property, or wildlife.
J.Parking Lots and Roadway— Games Prohibited. Games of any kind are prohibited in parking lots and
roadways except through a special event permit.
K. Pets.
1. All pets are prohibited in designated picnic areas, sport courts, or play areas in any City park or
in any building unless permitted by posted notice.
2. When allowed, pets shall be kept on a leash no greater than 15 feet in length, and shall be kept
under control at all times.
3. Any person whose pet is in any open space,trail,or park area shall be responsible for the conduct
of the animal and for removing feces deposited by the animal.
4.No person shall allow his or her pet to bite,disturb, or harass any facility users,wildlife,or other
pets. No person shall permit his or her pet to bark or make noise continuously or otherwise
unreasonably disturb the peace and tranquility of other park users. No person shall permit pets to
damage park vegetation.
L. Presence in City Facilities When. Closed. No person shall enter or be present in facilities when closed
except persons using facilities as part of an event authorized in writing by the Department.
M. Skateboards and Rollerblades Permitted—Limited Exclusions. Riding skateboards and rollerblades is
generally permitted on pathways and sidewalks in City parks, except where posted by the Department.
Pathways and sidewalks includes only areas designed for walking, and does not include benches, railings,
walls, or other areas or facilities for freestyle stunts, which are prohibited.
N. Sound Amplification. No person shall use, operate, or play in a City park any machine or device
producing sound at a volume that is audible at a distance of over 30 feet therefrom except pursuant to a
permit issued by the Department.
0. Swimming. Swimming shall only be permitted in areas specifically posted for such use,and is otherwise
prohibited. Mirabeau Springs is closed to entry or swimming by humans and pets.
P. Tents and Shelters in Parks. Unless authorized by the Department, no person shall erect, maintain, use,
or occupy a temporary tent or shelter in any City park or facility unless there is an unobstructed view
through such tent or shelter from at least two sides; provided,however,that nothing in this subsection shall
be construed to authorize overnight camping.
Q. Trail Use.
1. For the purposes of this subsection, "trail use" shall be construed to include all forms of
movement or transportation on a trail, including but not limited to foot, bicycle, skateboard,
rollerskates, and rollerblades.
2. Trail use is open to all non-motorized users unless otherwise designated and posted. Trail use
restrictions may be posted at park entrances,trailheads or in some cases, on individual trails.
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3. Every person traveling on a trail shall obey the instructions of any official traffic control device
or trail sign.
4. Motorized vehicles are prohibited on City trails, however wheelchairs and assistive mobility
devices powered by electric motors, and authorized maintenance or emergency vehicles are
exempt.
R. Trespassing. No person except an authorized City employee or emergency response personnel, shall
enter or go upon any area or facility which has been designated and posted as a"No Admittance" or"No
Trespassing"area,during any time when the park is closed to the public,or after law enforcement personnel
have informed that person in writing that they are excluded from a designated park facility or facilities.
S. Washing of Vehicles.No person shall clean or wash any motor vehicle in any City park or facility.
T. Hitting Golf Balls. No person shall hit golf balls within a City park or facility.
U. Airborne vehicles. No person shall launch,operate, or land an airborne vehicle while standing on or in
any City park or facility, except in areas specifically designated and posted by the City for such use. Use
of hot air balloons may be allowed through a special event permit issued pursuant to SVMC 6.05.040 and
chapter 5.15 SVMC.
V. Signs. No person shall distribute or post any handbills, circulars, or signs in any City park, except by
written agreement or permit issued by the Department.
W. High-risk or damaging activities. No person shall engage in high-risk or damaging activities in any
City park except by special event permit issued by the Department, or as otherwise posted on-site as an
allowed use for disc golf. Use of hard-tip lawn darts is prohibited in all park facilities.
6.05.070—Violation.
Any person violating any provision of SVMC 6.05.030, 6.05.040, 6.05.050, or 6.05.060, shall have
committed a class 3 infraction, For violations of SVMC 6.05.050 and 6.05.060, the City shall have all
authority under the law to enforce violations,including but not limited to use of injunctive remedies through
Superior Court.
6.05.080—Rules governing use of City parks and facilities—Violation a misdemeanor.
A. Alcohol Consumption. No person shall knowingly allow, conduct, hold, maintain, or consume an
alcoholic beverage in City parks or facilities without first obtaining a permit from the Department.
B. Designated Areas. The city council shall, through resolution, designate specific areas in City parks and
facilities where alcohol may be consumed after obtaining an alcoholic beverage permit.
C.Application for Alcoholic Beverage Permit. Application for permits shall be in writing and filed with
the Department.The application shall be filed no less than 10 days prior to the gathering at which alcoholic
beverages will be consumed. Fees for such permits shall be established by separate City Council resolution.
The Department shall prescribe the form of the application, which shall include name and age of applicant,
public place where permit is to be used, type of activity, date of activity, measures to control the
consumption of alcoholic beverages, and such other matters as deemed appropriate by the Department.
These permit requirements shall be in addition to those required by the Washington State Liquor and
Cannabis Board for a Liquor Permit.
The director shall review and either approve or deny the application within five days from receipt. The
director may impose reasonable conditions upon the permit. An applicant may appeal a decision to grant,
Ordinance 19-018 Park Regulations Page 5 of-7
deny, or condition an alcoholic beverage permit to the City Manager, who can reverse, affirm, or modify
the Department's decision pursuant to the criteria set forth in SVMC 6.05.040.
D. Damage to Property. No person shall remove, damage, or destroy any area or City property in a City
park or facility, including natural or man-made features, or excavation of any kind unless related to metal
detecting, in which case a small hole may be made, provided it is entirely filled in with any turf replaced.
The hanging or anchoring of any items from park facilities,fences,trees, and other vegetation is prohibited.
The hanging of pinatas is permitted within picnic shelter structures provided it is done in a way that it is
not likely to result in damage to the facility or to any person.
E. Damage to Wildlife. Except for fishing authorized by state law, it is unlawful in any park to capture,
attempt to capture,tease, annoy, disturb,feed, or strike any bird or animal, or to throw or otherwise propel
any object at or in the vicinity of any bird or animal.
F. Dumping in Water Prohibited. No person shall deposit any waste or refuse of any nature, including
human or animal waste, into any river, stream, lake or other body of water running in,through, or adjacent
to any City park.
G. Weapons.
1.No person except authorized law enforcement personnel shall possess a bow and arrow,
crossbow, or air or gas weapon in a City park or facility. No person shall discharge across, in, or
onto any facility any weapon, including but not limited to a firearm, bow and arrow, slingshot,
crossbow, air or gas weapon (including paintball), or any device capable of injuring or killing any
person or animal, or damaging or destroying any public or private property.
2. Possession of firearms in any stadium or convention center operated by the City,county,or other
municipality, is prohibited except that such restrictions shall not apply to:
a. Any pistol in the possession of a person licensed pursuant to RCW 9.41.070 or exempt
from the licensing requirement pursuant to RCW 9.41.060; or
b.Any showing, demonstration,or lecture involving the exhibition of firearms pursuant to
RCW 9.41.300(2)(b)(ii).
H. Fireworks.No person shall possess,discharge,or cause to be discharged in any City park or facility, any
firecracker,torpedo,rocket, firework,explosive, or similar device.
I. Interference with Trails. No person shall place, deposit, or otherwise locate any object, structure or
device, whether natural or artificial, that threatens or endangers any trail, interferes with normal use of the
trail,or that threatens or endangers any person traveling thereon. This shall not apply to City employees in
the performance of their duties or to persons acting pursuant to written direction of the City.
J. Outside Household or Commercial Waste.No person shall bring in or deposit household or commercial
garbage or other waste which is brought in such form from any private property,in any City park or facility
garbage can or other receptacle.
K.Removal of Property. No person shall remove any City property from a City park or facility without
prior written permission of the Department.
L. Solicitation. No person shall solicit, sell, or peddle any goods, services, food or drink, or distribute or
post any handbills,circulars, or signs, or use any loudspeaker or other amplifying device, in any City park,
except by contract or by permit issued by the department.
M. Waste from Vehicles. No person shall drain or dump refuse or waste from any trailer, camper,
automobile, or other vehicle in any City park or facility.
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6.05.090—Violation—Penalty.
Any person violating any provision of SVMC 6.05.080 shall be guilty of a misdemeanor.
6.05.100—Other sanctions.
In addition to any prescribed penalty in chapter 6.05 SVMC, any person failing to comply with any
provision of chapter 6.05 SVMC or otherwise violates any criminal provision of state law shall be subject
to the loss of park or recreation facility use privileges for up to six months. Such exclusion shall be initiated
by a notice of trespass which identifies the nature of the conduct which resulted in the trespass. A notice
of trespass may be appealed to the director within 14 days from the date of issuance. A person issued a
notice of trespass may appeal the notice to the City Manager who, after consideration of the basis for the
appeal, may uphold the exclusion and determine an appropriate length of time for exclusion, or overturn
the exclusion.
6.05.110—Rules and policy.
The director may develop rules,policies,and forms to implement chapter 6.05 SVMC.
Section 3. Other sections unchanged. All other provisions of chapter 6.05 SVMC not
specifically referenced hereto shall remain in full force and effect.
Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,clause, or
phrase of this Ordinance.
Section 5. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or summary thereof in the official newspaper of the City of Spokane Valley
as provided by law.
Passed by the City Council this 12'x' day of November, 2019.
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L.R. Higgms, .a r
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4.01
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zristine Bainbridge, 'Pity Clerk
Approved as to Form:
1
orn
Offi f the Ci ey
Date of Publication: 1/— 22 - a, d/r
Effective Date: //— 07 9 - e/ '
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