Loading...
2875ORDINANCE NO. 2875 AN ORDINANCE REPEALING MOSES LAKE MUNICIPAL CODE CHAPTER 12.36 TITLED "PARK REGULATIONS" AND ADOPTING A NEW CHAPTER 12.36 TITLED "PARK RULES AND REGULATIONS" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 2. Sections: 12.36.010 12.36.020 12.36.030 12.36.040 12.36.050 12.36.060 12.36.065 12.36.070 12.36.080 12.36.090 12.36.100 12.36.110 12.36.120 12.36.130 12.36.010 12.36.020 Moses Lake Municipal Code Chapter 12.36 titled "Park Regulations" is repealed in its entirety. A new Chapter 12.36 of the Moses Lake Municipal Code entitled "Park Rules and Regulations" is hereby as follows: Purpose Identification of Parks Hours of Operation Prohibited Acts Animals -Conduct of Dogs and Fecal Matter Special-Use Areas Commercial Activity Aiding and Abetting Violations Park Exclusion Trespass in Parks-Penalty Motor Vehicle Speed Discretion of City Manager Use of Path-Sign Shall be Posted Violations-Penalty Purpose. The establishment and maintenance of park property and facilities is intended to benefit current and future citizens of the City of Moses Lake 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 park 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. Identification of Parks. Parks are identified as any existing or future city parks. Parks shall be classified as "passive" or "active" parks as follows: A. Passive Parks -Such parks shall be used for rest and relaxation and shall not be used for any organized or competitive sports activities. Passive Parks Ahlers Park Civic Center Park Gillette Park Hayden Park Japanese Peace Garden & Park John E. Calbom Island Park Juniper Park Laguna Park Marina Park 8. Active Parks -Such parks shall be used for a variety of activities, including organized and competitive sports activities subject to a park use permit or facilities use agreement authorized by the city council. Active Parks Blue Heron Park Carpenter Park Cascade Park Lakeview Park Larson Playfield Lower Peninsula Park Paul Lauzier Athletic Complex Peninsula Park Power Point Park 12.36.030 12.36.040 Crossroads Park Harrison K. Dano Park Knolls Vista Park Mccosh Park Montlake Park Neppel Landing Skate Park Vista Park Yonezawa Park Hours of operation. Parks shall be open to the public from 6:00a.m. to 10:00p.m. Between the hours of 1 O:OOpm and 6:00am the parks shall be closed to the public unless persons are actively engaged in activity within a special-use area as described in section 12.36.060. No activities will be allowed during closed park hours that disturb the peace of the public or for any of the prohibited acts listed below. Activities on park property or in park facilities that exceed normal hours of operation or deviate from the park rules may be authorized in association with a facilities use agreement or park use permit authorized by the city council. Any person entering or remaining in a park when it is closed is subject to arrest and prosecution for criminal trespass. Prohibited acts. A. All activities that constitute civil or criminal violations under state, local or federal statutes shall be prohibited on park property or in park facilities. B. It is unlawful for any person to do or permit any of the following acts within any city park: 1. Scatter, leave, throw, break or strew any litter, bottles, glass, paper, debris, garbage, refuse, or advertising matter in any park except in designated receptacles; provided, however. that it is further unlawful to deposit in such designated litter receptacles or elsewhere within a park any refuse, litter or other trash collected at the home, business or other dwelling of any person and intentionally brought to the park solely for the purpose of disposing of such refuse. litter or trash. 2. Damage, deface, mar, or destroy any park equipment or facility. 3. Cut, damage or destroy any park trees, shrubs, landscaping or plants, including grass. 4. Consume any beer, wine or intoxicating liquor in any park, or have possession of any container of beer, wine or intoxicating liquor in any park; provided, however, that consumption of alcoholic beverages in city parks is permitted if consumption is within a designated area in conjunction with a special event as authorized by the Parks Department. 5. Drive or park any vehicle or motorized bike, scooter, motorcycle, or ATV/UTV (as defined in MLMC Chapter 10.18), on the grass in any park or any other place not specifically designated for vehicular traffic, or operate a vehicle, motorized bike, scooter, motorcycle or A TV/UTV negligently within any park or park facility, unless expressly authorized by a permit issued by the City. This provision does not apply to authorized personnel of the City. 6. Disturb or molest the peace of others using the park and park facilities. 7. Solicit, promote or engage in any private commercial enterprise without prior approval of the city council. 8. Start or maintain a fire except in permanent park facilities provided for that purpose or in a barbeque, hibachi or other freestanding apparatus commonly used for outdoor food preparation purposes in an approved portion of the park. 9. Camp in any portion of any park unless specifically allowed by the City Manager pursuant to section 12.36.060 or by city council action for special events. Camping is prohibited pursuant to MLMC Chapter 9.18. 10. Bring, ride, leave, turn loose, or allow any animal to be within a park or 12.36.050 12.36.060 park facility. Provided, however, that this prohibition shall not apply to a service animal which is defined as any animal which is trained or is being trained to aid a person who is blind, hearing impaired, or otherwise disabled and is used for that purpose and is properly trained to provide the required service, nor shall this prohibition apply to dogs properly restrained by a leash. 11. Erect, put or place any sign or advertisement in a park or park facility, or engage in any commercial activity except as authorized by the City Council or City Manager pursuant to section 12.36.065. 12. Engage or participate in any disorderly, lewd, obscene, drunken, or indecent conduct within any park or park facility. 13. Use or engage in any of the following activities: archery, discus, javelin, shot, golf, or aircraft, rockets, missile powered devices, or firearms. The City Manager may allow those activities in special-use areas as provided in section 12.36.065 of this chapter. 14. Possess any glass containers within a city park. 15. Use abusive, threatening, profane or obscene language. 16. Engage in or encourage a fight or brawl. 17. Yell, shout, hoot, whistle, or sing so as to unreasonably disturb or interfere with the peace, comfort, repose, health or safety of park users or nearby residents. 18. Meet or gather in large groups or assemblies without first making reservations and obtaining a written permit from the Parks Dept. A large group or assembly is that which would occupy one-tenth or more of the user capacity of the park. 19. No person shall enter or remain in any park at any time during which there Is in effect a notice of exclusion issued under section 12.36.080 excluding That person from that park. 20. Tobacco use, including smoking, e-cigarettes and vaping devices is prohibited pursuant to MLMC Chapter 8.56. 21. Discharge or sell any fireworks; fireworks are prohibited pursuant to MLMC Chapter 8.04. Animals -Conduct of Dogs and Fecal Matter. All animals, except for dogs, are prohibited in the City's parks. Any person with a dog in his or her possession or under his or her control in any park shall be responsible for the conduct of the dog and shall not allow the dog to bite or otherwise molest or annoy other park visitors. All dogs shall be confined on a leash and controlled by the owner and/or custodian at all times. Any person with a dog in his or her possession or under his or her control in any park shall carry equipment for removing fecal matter, and shall collect and place fecal matter deposited by such dog in an appropriate receptacle. Special-Use Areas. A. The City Manager is authorized to establish, alter, and discontinue special-use areas in parks. Special-use areas can include areas for horse or pony riding, swimming, fishing, BMX riding, skateboarding, concerts, boat launching, bicycle riding, camping, motorcycle riding, tennis, gold, baseball, softball, or any activity that is otherwise prohibited under Section 12.36.090 of this chapter. Before establishing, altering, or discontinuing a special use area, the City Manager shall determine the priority of need for such an area, and a determination shall be made as to whether the activity can be carried on without unreasonable interference or danger to other persons. B. The City Manager should designate the following conditions for all special-use areas. 12.36.065 1. Hours and days that the special-use is allowed. 2. Specific activities that are allowed within the special-use area. Parks Special-Use Area Allowable Activity Blue Heron, Cascade, John E. Calbom, Lower Peninsula, Mccosh Dock and Shoreline Fishing And Neooel Landina Blue Heron, Cascade, Lower Boat Ramp Launching/Removal Peninsula, and Montlake Blue Heron, Crossroads, Mccosh, Trails and Paths Walking, Bicycling, Neppel Landing, Paul Lauzier Athletic Running and/or Complex, Civic Center Park, and Jogging Jaoanese Peace Garden Mccosh, Knolls Vista, and Paul Athletic Courts Basketball and Lauzier Athletic Complex Tennis Moses Lake Skate Park Skate Ramos Skateboardina Yonezawa Fitness Stations Exercisina 3. Conditions for the special-use area. C. The city shall mark the boundaries of the special use area and shall post signs that state the conditions for the special-use area. All warnings that are appropriate for the special-use area shall also be posted with the conditions. D. Special use areas shall be used only for those purposes for which they are established. All persons who use a special use area shall obey all conditions that are specified by the City Manager and are posted at the special-use area. E. Between the hours of 1 O:OOpm and 6:00am the parks shall be closed to the public unless persons are actively engaged in an allowable activity within a special-use area. Commercial Activity A. The City Council or the City Manager may approve permits to be issued that authorize merchandise or services to be sold in a park and that authorize concessions to be operated in park. No person shall sell or attempt to sell merchandise or services or operate concessions in a park without a permit. Permits shall only be issued if the merchandise, services, and concessions are reasonable and are in the best interests of the city. B. All requests for permits from profit-making groups or organizations shall be reviewed by the City Council, and the requests shall be either approved or denied by the City Council. All requests for permits from non-profit groups or organizations shall be reviewed by the Parks and Recreation Director and the Parks and Recreation Director shall make recommendations to the City Manager. The City Manager shall either approve or deny the request. If an application for a permit is denied by the City Manager, the applicant may appeal the decision to the City Council. The City Council shall hear the appeal at the next regularly scheduled City Council meeting if the appeal request is submitted by the applicant to the City Manager prior to the Thursday before the Council meeting. C. The City Council or the City Manager may place conditions on the permit and the city may revoke the permit if the conditions of the permit are violated. Persons who hold a valid permit shall adhere to all of the conditions stated on the permit. 12.36.070 12.36.080 The City Council may deny permits to persons who have violated the conditions of a permit within the previous year. Aiding and Abetting Violations Any person participating in a violation of any provision of this chapter, whether directly committing the act or omitting to the do 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, shall be guilty of the violation or offense. Park Exclusion. A. The Police Chief 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 of this chapter; or 2. Violates any park rule; or 3. Violates any provision of the Moses Lake Municipal Code or Revised Code of Washington. The offender need not be charged, tried, or convicted of any crime or infraction in order for an exclusion notice to be issued or be effective. The exclusion may be based upon observation by the Police Chief or his/her designee or upon civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause. B. If the 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 felony violation or weapon violation, then the Police Chief or his/her designee may exclude the offender from the city park in which the current violation occurred for a period not exceeding seven 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 felony violation or a weapon violation, then the Police Chief or his/her designee shall exclude the offender from any or all city parks for a period of ninety days from the date of the exclusion notice. 3. Has been the subject of two or more prior exclusion notices issued within one year prior to the current violation, or if the current violation is a felony violation or a weapon violation, then the Police Chief or his/her designee shall exclude the offender from any or all city parks for a period of one year from the date of the exclusion notice. C. 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. D. An offender receiving an exclusion notice longer than seven 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 the City Manager. The request for a hearing shall be delivered to the Police Chief or postmarked no later than seven 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 12.36.090 occur within seven days after the Police Chief receives the request for hearing. The Police Chief or his/her designee shall take reasonable steps to notify the offender of the date, time, and place of the hearing. E. 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 of any 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 certifications authorized in Rule 6.13 of the Criminal Rules for Courts of Limited Jurisdiction shall be considered without further evidentiary foundation. The hearing examiner may consider information that would not be admissible under the evidence rules in a court of law but which the hearing examiner considers relevant and trustworthy. F. 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 of subsection B of this section. G. 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 Grant County Superior Court with fourteen days of the date of that decision. H. The exclusion shall remain in effect during the pendency of any administrative or judicial proceeding. I. No determination of facts made by a person conducting a hearing under this section shall have any collateral estoppal 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. J. 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 subsection 8.1 can be corrected without resort to an exclusion notice. Tresoass in parks -Punishment. It shall constitute a trespass in a city park if any person 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 MLMC 12.36.080; 2. Enters, remains in, or is otherwise present within the premises of a park during hours which the park or portion of the 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 City as a closed area, using such postings as "no admittance" or "closed to use" or "no trespassing." 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. Any person trespassing on city park property shall be subject to arrest and prosecution for criminal trespass. 12.36.100 Motor Vehicle Speed. The designated speed for motor vehicles upon the roadways within developed park areas shall not exceed fifteen (15) miles per hour. Speed limit signs shall be posted along the roadways within a park. 12.36.110 Discretion of City Manager. Whenever this chapter makes reference to the exercise of reasonable discretion by the City Manager, the City Manager shall take into consideration and account the use and enjoyment of the parks for the maximum number of people and the general purpose set forth in Section 12.36.010. 12.36.120 Use of Path -Sign Shall Be Posted. Whenever the Parks and Recreation Department prescribes rules or regulations for the use of any path or walk within a city park, it is unlawful for any person, firm, or corporation to violate any such rule or regulation; provided that, the rules and regulations for the path or walk are stated on signs that are posted conspicuously at all entrances and exits for the path or walk. 12.36.130 Violations -Penalty. Any violation of any provision of this Chapter shall constitute a civil infraction and shall subject the violator to a monetary penalty as provided in MLMC 1.20.030. Each and every calendar day during any portion of which any violation of this chapter is committed, continued or permitted by any such person shall constitute a separate offense. Section 3. This ordinance shall in full force and effective five days after its passage and publication as provided by law. PASSED by the City Council of the City of Moses Lake, Washington, this 241h day of October, 2017. ATIEST: Cint.6Fi~ APPROVED AS TO FORM: