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HomeMy WebLinkAboutOrdinance 03-065 Adopts Park Facilities Use Rules � J J CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 65 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING RULES FOR THE USE OF PARK FACILITIES. WHEREAS, the City of Spokane Valley intends to provide its parks and park facilities for the mutual enjoyment of all residents and visitors; and WHEREAS, the City Council believes it is in best interest of the City to adopt rules that regulate activities occurring within City Parks; NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section I. The following definitions shall be used in this ordinance. A. "Alcoholic beverages" or "liquor" shall be defined as set forth in RCW 66.04.010 and shall include alcohol, spirits, wine and beer. B. "Camping" means erecting a tent or shelter or arranging bedding or both for the purpose of, or in such a way as will permit, remaining overnight; or, parking a trailer, van, recreational vehicle, bus, camper, or other vehicle for the purpose of remaining overnight. C. "City" means City of Spokane Valley, Washington. D. "Department" means the City of Spokane Valley Parks Department. E. "Department employee" means a duly appointed City of Spokane Valley Parks Department employee. F. "Director" means the City Manager or designee who is anticipated to be the Director of the Parks Department. G. "Facility" or "Facilities" means any building, equipment, sign, material, shelter, swimming pool, or other physical property including but not limited to administered trees, shrubs, plants, lawns, play equipment, benches, tables, picnic areas, athletic fields, trails, parking and pedestrian areas(including curb, sidewalk and driveways or internal roads) for motor vehicles, persons or structures owned or controlled by the City of Spokane Valley. H. "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 or drawn, and shall include, but not be limited to, automobiles, trucks, motorcycles, motor Page I s:lOrdinanceslOrdinance No.65 Park Rulcs rcdlinc.doc scooters, jeeps or similar type four-wheel drive vehicles, and snowmobiles, whether or not they can be legally operated upon the public highways. I. `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. I. "Person" means any individual, group, firm, partnership, corporation or club. K. "Trail" means any path, track, or right-of-way designed for use by pedestrians, bicycles, or other non-motorized modes of transportation. Section 2. Purpose. The City of Spokane Valley City Parks including Facilities and programs of the Department are established and maintained by the City for public recreation purposes. Section 3. hours of Operation. Unless otherwise established by the Director, City Parks shall be open at dawn and closed for use at 10:00 p.m. Section 4. Facility and Outdoor Field Lights. Use of Facilities Sunday through Thursday shall cease at 10:00 p.m. unless otherwise approved by the Director. Use of facilities on Fridays or Saturdays shall cease at 11:00 p.m. unless otherwise approved by the Director. Section 5. Special Event Permits. City Parks and Facilities are available for private use by groups or organizations through a special event permit. Special event permits may include scheduling use of Facilities for any community special event,private event, sports or entertainment event involving more than the routine use of a park or a gathering of fifteen (15) or more people. Where appropriate, special conditions for the event will be established by the Department and included in the permit. The Department reserves the right to cancel a permit for good cause. If reasonably possible, notice of cancellation shall be given at least twenty-four hours in advance of the event. A cancellation or denial of a special event permit may be appealed to the City Council by filing a written appeal with the City Clerk within ten(10) days of the date of the decision. Upon such appeal, the City Council may reverse, affirm or modify the Department's decision. Section 6. Sale of Goods or Services. The sale of goods or services in City Parks or Facilities shall be allowed only through written agreement with the City. Page 2 S.° rdinanccslordinanoc No.65 Park Rules r dline.doc Section 7. Rules Governing Use of City Parks and Facilities—(Part A. Camping. No person shall camp in any City Park or Facility, unless otherwise designated. B. Fires. No person shall ignite or maintain any fire or participate in igniting, maintaining or using any fire within open space, trail or park or Facility except in a designated barbecue unit or in a designated fire pit unless authorized by the Department. C. Food waste, washing of clothes or animals. No person shall clean fish, or other food, or wash any clothing or other articles for personal or household use, or any dog or other animal except at designated areas. D. Came fish. All laws, rules and regulations of the State Game Commission relating to season limits, and methods of fishing are applicable to fishing for game fish in park areas. No person may fish for, or possess any fish taken from any river, lake, pond, stream or other body of water which is posted with a sign prohibiting fishing. E. Horseback riding. Horses are not permitted in any City Park or Facility, unless permitted by the Director. F. Littering. Littering in City Parks and Facilities is not permitted. All waste and garbage shall be disposed of in a garbage can or other receptacle designed for such purpose. G. Motor vehicles on park property. 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. This section shall not apply to emergency, maintenance or authorized vehicles. H. Motor vehicles — parking. No operator of any motor vehicle, trailer, camper, boat trailer, or other vehicle, shall park such vehicle in any City Park or Facility except where the Operator is using the area for the designated recreational purpose and the vehicle is parked either in the designated parking area, or in another area with the 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 by the Department. Any vehicle found in violation of this section may be towed away at the owner's expense. This section shall not apply to maintenance and emergency vehicles or vehicles authorized by the Department. Page 3 S:IOrdinancestOrdinance No.65 Park Rules redline.doc L 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 or persons, property, or wildlife. J. Parking lots and roadway — games prohibited. Games of any kind are prohibited in parking lots and roadways. K. Pets. 1. Dogs, pets, or domestic animals are not permitted on any designated picnic area, tennis court or play area in any City Park or in any building unless specifically permitted by posted notice. This section shall not apply to animal guide dogs. 2. Dogs or other pets or domestic animals must be kept on a leash no greater than fifteen feet in length, and under control at all times. 3. Any person whose dog or other 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 such animal. 4. No person shall allow his or her dog or other pet or domestic animal to bite, disturb or harass any facility users, wildlife or other pets. No person shall permit his or her dog or other pet or domestic animal to bark or make noise continuously or otherwise unreasonably disturb the peace and tranquility. No person shall permit dogs, pets or domestic animals to damage, destroy or remove 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 by the Department. M. Skateboards and rollerblades — in designated areas only. No person shall be permitted to skateboard or rollerblade in park Facilities unless otherwise designated by the Department. N. Sound amplification. No person shall use, operate or play in a City Park any radio, tape player, disc player, television, musical instrument, record player or any other machine or device producing sound at a volume that is audible at a distance of over thirty (30) feet there from except pursuant to a permit issued by the Department. 0. Swimming. Swimming shall only he permitted in posted areas. Page 4 S,IOrdinanccsOrdinante No.65 Park Rules rodline.doc � 1 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 section shall be construed to authorize overnight camping. Q. Trail use. 1. For the purposes of this section "Trail Use" shall be construed to include all forms of movement or transportation on a trail, including but not limited to foot, bicycle, horse, skateboard, roller skates and roller blades. 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. 3. Every person traveling on a trail shall obey the instructions of any official traffic control device or trail sign unless otherwise directed. 4. No motorized vehicles shall be allowed on City trails. For the purposes of this section "motorized vehicles," means any form of transportation powered by an internal combustion or electric motor. This includes but is not limited to motor vehicles, golf carts, mopeds and all terrain vehicles. This section shall not apply to wheelchairs powered by electric motors, or authorized maintenance, police or emergency vehicles. R. Trespassing. No person except an authorized City employee, or other person duly authorized shall enter or go upon any area or Facility which has been designated and posted as a "No Admittance" or "No Trespassing" area or during any time when the park is closed to the public. S. Washing of Vehicles. No person shall clean or wash any motor vehicle in any City Park or Facility except in areas specifically designated for that use. Section 8. Violation. Any person violating any provision of Sections 3,4,5,6 or 7 of this Ordinance shall have committed a Class 1 Civil Infraction. Section 9. Rules Governing Use of City Parks and Facilities—(Park II). A. Alcohol Consumption. No person shall knowingly allow, conduct, hold, maintain, or consume alcohol in City Parks or Facilities without first obtaining a permit from the Department. Page 5 S:\Ordinarces\Ordinunce No.65 Park Rules rcdline.doc B. Designated Areas. The City Council shall, through, Resolution designate specific areas in City Parks and Facilities where alcohol may be consumed after obtaining a 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 ten (10) days prior to the gathering at which alcoholic beverages will be consumed. Fees for such permits shall be established by 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. The Director shall review and either approve or deny the application within five (5) days from receipt. The Director may impose reasonable conditions upon the permit. A denial by the Director may be appealed to the City Council within ten (10) days from the date of the denial. B. Damage to property. No person shall remove, damage, or destroy any area in a City Park or Facility. C. Damage to wildlife. Except for .fishing and shell fishing in authorized areas and subject to rules promulgated by Washington State Fish and Wildlife Commission, it is unlawful in any park to capture, attempt to capture, tease, annoy, disturb, or strike any bird or animal, or to throw or otherwise propel any object at or in the vicinity of any bird or animal. D. 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. C. Firearms, weapons. No person except duly authorized law enforcement personnel shall possess a firearm, 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 a firearm, bow and arrow, crossbow, air or gas weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property. This section shall not apply where the Department issued a special event permit for such activity. F. 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 devise unless so authorized by the Department. Page 6 S_lOrdinances\Ordinance No 65 Park Rules redline.doc G. 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, or that threatens or endangers any person traveling thereon. This section shall not apply to City employees in the performance of their duties or to persons acting pursuant to written direction of the City. Id. Outside household or commercial waste. No person shall bring in or deposit household or commercial garbage, refuse, waste, or rubbish which is brought in such form from any private property, in any City Park or facility garbage can or other receptacle. I. Removal of property. No person shall remove any City property from a City Park or Facility without the permission of the Department. J. 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 loud speaker or other amplifying devise, in any City Park, except by contract or by permit issued by the Department. K. 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. Section 10. Violations. Any person violating any provision of Section 9 of this ordinance shall be guilty of a misdemeanor. Section 11. Administrative Sanctions. In addition to any prescribed penalty, any person failing to comply with ally provision of this chapter shall be subject to the loss of park or recreation facility use privileges. Section 12. Rules and Policy. The City Manager or designee may develop rules, policies and forms to implement this ordinance. All adopted rules, policies and forms shall be filed with the City Clerk. Section 13. 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 14. 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 'day of May, 2003. Pace 7 S:IOrdinancesiOrdinance No.65 Park Rules redline.doc Mayor, Michael DeVleming AT' C Interim City Clerk, Ruth Muller Approved as to Form: InV City A Vey, Stanl-y M. Schwartz Date of Publication: _ 3 Effective Date: In Q„t a d0v3 Page 8 S:\OrdinancesiOrdinanee No.65 Park Rules redline.doc