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Ordinance 24-016 SVMC 6.05 & 7.50 Camping on Public PropertyCITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 24 - 016 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY AMENDING CHAPTERS 6.05 AND 7.50 OF THE SPOKANE VALLEY MUNICIPAL CODE PERTAINING TO USE OF AND CAMPING ON PUBLIC PROPERTY, INCLUDING PARKS, AND MATTERS RELATED THERETO WHEREAS, the City Council adopted Chapter 6.05 of the Spokane Valley Municipal Code to regulate certain activities within City parks; and WHEREAS, the City Council enacted provisions specifically prohibiting the use of motorized vehicles on City park trails, with the exception of wheelchairs, assistive mobility devices powered by electric motors, authorized maintenance vehicles and emergency vehicles; and WHEREAS, the City Council finds that the use of law enforcement vehicles on City park trails is necessary to protect the public's peace, health, safety and welfare; and WHEREAS, the City Council previously adopted specific hours for park operations, with parks opening to the public at 6:00 a.m. and closing at 9:00 p.m. from April 15 to October 15, and from October 15 to April 15, closing at 7:00 p.m. to recognize seasonal changes; and WHEREAS, the use of park facilities by the public outside of the park hours is prohibited; and WHEREAS, use of City park property outside of the park hours has resulted ill damage to City park facilities creating dangerous conditions that disrupt the law-abiding public's use of City park facilities; and WHEREAS, the public has used the parking lots of many City parks to illegally dump trash and abandon vehicles during the time said parks are closed to the public; and WHEREAS, the City Council previously adopted Chapter 7.50 of the Spokane Valley Municipal Code prohibiting camping on City -owned property using camping facilities and/or camping paraphernalia; and WHEREAS, camping on City -owned property presents the same or similar risks to the health, safety, and welfare of the public using, in and around City -owned property whether or not camping paraphernalia or camping facilities are used; and WHEREAS, City Council finds it necessary to prevent damage to City -owned property by prohibiting persons from entering or remaining at City parks during those times the parks are closed and not in operation, and by preventing camping on City -owned property both with and Without using camping paraphernalia or camping facilities; and WHEREAS, the City Council wishes to increase the penalty for entering and remaining in City parks outside of park hours to a misdemeanor, punishable by tip to 90 days in jail and/or a $1,000 fine; and WHEREAS, the City Council hereby finds that a criminal penalty for violating park hours is necessary and Within the police power of the city to protect the public's peace, health, safety and welfare of its residents. Ordinance 24-016 Amending Chiipter 6.05 SVMC — Park Regulations NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1, Amendment. Chapter 6.05 SVMC is hereby amended as set forth below: 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 15th to October 15th — open at 6:00 a.m, and close at 9:00 p.m.; and October 16th to April 14th — 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 nonmotorized transportation, and all other after-hours uses of these amenities is prohibited. Unless otherwise permitted in writing by the director, presence in a City park beyond these hours is unlawfill. Those violating the hours of operation listed in SVMC 6.05.030 are trespassing, and may be prosecuted pursuant to RCW 9A.52.080. 6.05.060 Rules governing use of City parks and facilities — Violation an infraction. A. 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. B. 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. C. 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. D. Horses. Horses are prohibited in City parks and facilities. E. 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. F. 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 law enforcement, emergency, maintenance or other vehicles authorized by the department. G. 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 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 Ordinance 24-016 Arnendijig Chapter 6.05 SVMC — Park Regulations 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 law enforcement, maintenance, emergency or other vehicles authorized by the department. H. 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. I. Parking Lots and Roadway --- Games Prohibited. Games of any kind are prohibited in parking Iots and roadways except through a special event permit. J. 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. K. 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 include only areas designed for walking, and does not include benches, railings, walls, or other areas or facilities for freestyle stunts, which are prohibited. L. 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. M. 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. N. 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. O. 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 nonmotorized users unless otherwise designated and posted. Trail use restrictions may be posted at park entrances, traillteads or, in some cases, on individual trails. Ordinance 24-016 Amending Chapter 6.05 SVMC — Park Regulations 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, law enforcement, and emergency vehicles are exempt front this prohibition. P. Trespassing During Park Hours. No person except an authorized City employee or emergency response personnel shall enter or go upon any area or facility within a City park which has been designated and posted as a "No Admittance" or "No Trespassing" area during any time when the park is open to the public. Q. Washing of Vehicles. No person shall clean or wash any motor vehicle in any City park or facility. R. Hitting Golf Balls. No person shall hit golf balls within a City park or facility. S. Airborne Vehicles. No person shall launch, operate, or land an airborne vehicle while standing on or in any City park or facility, except iit 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. T. 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. U. 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 6.05.040, 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. Violation of any of the following provisions shall be a misdemeanor punishable by up to 90 days in jail or a $1,000 fine, or both: A. Alcohol Consumption. No person shall knowingly possess or consume an alcoholic beverage in City parks or facilities without first obtaining a permit from the department. 1. 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. 2. 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 Ordinance 24-0I6 Amending Chapter 6.05 SVMC — Park Regulations 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. 3. Application Review and Disposition. 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, 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. B. Damage to Property. No person shall damage or destroy any area or City property in a City park or facility, including natural or manmade features, or excavate or dig in any manner in any location in a City park or facility; provided however, that excavation related to metal detecting may be allowed where a small hole may be made with a maximum width of five inches and depth of 4 inches, provided the person creating the hole fills it in and replaces any turf to the satisfaction of the director, and further provided that the person creating the hole shall be responsible for any damage to underground facilities.. C. No person shall hang or anchor any items from park facilities, fences, trees, and other vegetation. 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. D. 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. E. 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 ill, through, or adjacent to any City park. F. 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 (inchtding 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; orb. Any showing, demonstration, or lecture involving the exhibition of firearms pursuant to RCW 9.41.300(3)(b)(ii). G. Fireworks. No person shall possess, discharge, or cause to be discharged in arty City park or facility any firecracker, torpedo, rocket, firework, explosive, or similar device. H. 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 Ordinance 24-016 Amending Chapter 6.05 SVMC—Park Regulations not apply to City employees in the performance of their duties or to persons acting pursuant to written direction of the City. I. 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. J. Removal of Property. No person shall remove any City property from a City park or facility without prior written permission of the department. K. 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. L. 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. M. Camping. Camping on or in City property, including City parks and facilities, is regulated pursuant to Chapter 7.50 SVMC. 6.05.090 Violation -- Penalty. Any person violating any provision of SVMC 6.05.080 shall be guilty of a misdemeanor. Section 2. Repealing SVMC 6.05.090. SVMC 6.05.090 is hereby repealed. Section 3. Remainder of SVMC 6.05 Unchanged. The remaining provisions of SVMC 6.05 are unchanged by this amendment. Section 4. Amendment. SVMC 7.50.015 is hereby amended as set forth below: 7.50.015 Definitions. The following definitions are applicable in this chapter unless the context otherwise requires: "Camp" means to (1) sleep for any period of time in a City park outside the hours of operation identified in SVMC 6.05.030; (2) sleep for any period of time after sunset on or in public property other than a City park; or (3) pitch, erect or occupy camp facilities, or to use camp paraphernalia or both, for the purpose of, or in such a way as will facilitate, retraining overnight, or parking a camper, recreational vehicle, trailer, or other vehicle for the purpose of remaining overnight. Section 5, Repealing SVMC 7.50.050. SVMC 7.50.050 is hereby repealed. Section 6. Remainder of SVMC 7.50 — Unchanged. The remaining provisions of SVMC 7.50 are unchanged by this amendment. Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance should 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. Ordinance 24-016 Amending Chapter 6.05 SVMC — Park Regulations Section S. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. PASSED by the City Council this 19" day of November, 2024. �y Mayor, Pam Haley ATTEST: Marti Ntterson, City Clerk Approved As To Form: Kelly Kc� kright, C' Attorney j Date of Publication: i� " 2q - 20 2 Effective Date: 12.04 '2024 Ordinance 24-016 Amending Chapter 6.05 SVMC — Park Regulations