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701_00001ORDINANCE NO.2 The City AcNOn INANCE MTUM ssL d o da n as oo O PRESCRIBING A PENALTY. Section 1.Purpose:The parks of the City of Moses Lake are established and maintained as areasofrecreation,relaxation,and enjoyment for the public.It is intended that they shall be regulated and used to permit enjoyment by a maximum number of people engaged in widely diverse interests and activities as may be practical within the limits of space,design and accommodations available in each park unit.Limitations may be required to insure the use of park areas in safety and to protect the rights of others in surrounding areas. Section 2.Definitions: 1.As used in this ordinance PARKmeans an area of land owned or controlled by the public, set aside and maintained by the public for the recreation and relaxatton of the public.C\L 2.As used in this ordinance,LIMITED USE PARKSincludes such areas as Larson Softball and Baseball Complex,Cascade Park Overnight Campground,specifically designated greenways,and other similar areas designed for special or permit type use. 3.As used in this ordinance,CITY MANAGER means the City Manager or his designated representative. Section 3.Motorized Vehicles:Automobiles,Trucks,Trailers,motorcycles,motor-scooters, or similar vehicles allowed only upon designated roadways and park only within designatedparkingareas. Exceptions will include: 1.City cars and maintenance equipment operated by authortzed personnel when conducting city work or business .I 2.The loading and unloading of materials,supplies or equipment as authorized by the Park Department, 3.Vehicles for handicapped persons with valid permits issued by the City Manager.Said permits shall be issued at the discretion of the City Manager. Section 4.Horses and Ponies:No person shall ride or lead any horse or pony in any Park except upon a roadway or designated parking area or designated bridle path. Section 5.Pire:No person shall build or maintain any fire in a park except in fire rings or fire- places as provided by the City or in a stove or barbeque unit where pianic areas are provided. Section 6.Commercial Activity: 1.No person shall sell or attempt to sell any merchandise or service or opemte any concession in a park without permission of the City Council.The City Council may issue a permit authorizing the selling of merchandise or services or the operating of a concession in aparkiftheydetermineitreasonableandinthebestinterestsoftheCity. The City Council may include reasonable conditions in said permit and they may revoke a permit if the terms of the permit are violated,or they may deny a permit to a person or persons who have violated the terms of a permit within the previous year. 2.No person who holds a valid permit issued by the City Council under this section shallsellmerchandiseorserviceswithinaparkinviolationofanyconditionsstatedinthat permit. Section 7.Garbage and Other Refuse: 1.No person shall discard or dispose of any garbage or other refuse in a park except in areceptacleprovidedforsuchgarbageandotherrefuse. 2.No person shall take any garbage or other refuse into a public park for the purpose of dis-I carding or disposing of such garbage or other refuse. Section 8.Motor Vehicle Speed:The designated speed for motor vehicles upon the roadways within any developed park area shall be posted not to exceed 15 m.p.h. Ordinance No.701 Page 2 Section 9.Dangerous Equipment and Activities:No person shall use or engage in any activity thattheCityManagerdeterminesinhisreasonablediscretion,creates an unreasonable interference or danger to other persons.Such activity shall include but not be limited to the use of archery equipment,a dis- cus,Javlin or shot,or aircraft,rocketormissile powered by fuel or mechanical means or any firearm. Such activities will be allowed only as provided in Section 10 of this ordinance. Section 10.Special Use Areas:The City Manager is authorized to set aside,establish,alter and/ or discontinue special use areas in one or more of the parks.These special use areas would include .but not be limited to activities such as horse or pony riding,swimming,boat launehing,bicycle riding, camping activities,motorcycle riding,tennis,golf,baseball,softball,or any one or more of those activities otherwise prohibited under Section 9 of this Ordinance.Before establishing,altering or dis- contínutng such a spectal use area the City Manager shall determine,in his reasonable discretion, priority of need for such an area and whether the activity may be carried on without unreasonable inter- ference or danger to Other persons. If he establishes a special use area,the City Manager may designate such hours or days-of usage,theparticularactivityoractivitieswhicharepermittedandsuchconditionsashedeterminestobereasonäŒy required for the safety and convenience of persons and property.(The City shall mark the boundaries of the special use area and post such signs and warnings concerning that special use area as deemed reasonably appropriate.No person shall use any special use area except forthe purposes of one or moreoftheactivitiespermittedinthatspecialuseareaunderanyconditionsspecifiedbytheCityManager. Section 11.Flora:No person other than a duly authorized City employee in the performance of his duty or persons participating in City approved activities shall dig,remove,destroy,injure,mutilate orcutanytrees,plants,shrubs,bloom or flower,or any portion thereof growing in any park. Section 12.Marking,Initring,or Disturbing any Structure:No person other than a duly authorized cityemployeeintheperformanceofhisdutiesshall:(a)cut,break,injure,deface,or disturb any rock, building,cage,pen,monument,sign,fence,bench,structure,aparatus,equipment pr property in a park; (b)mark or place thereon any mark,writing or printing;(c)attach thereto any sign,card,display,orothersimilardevice,except as authorized by permit issued by the City Manager. Section 13.Discretion of the City Manager:Whenever this ordinance makes reference to the exercise of reasonable discretion by the City Manager,he 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 1 of this ordinance. Section 14.Penalty:Any.person convicted of a violation of this ordinance shall be subject to a fine of not more than $500.00 or imprisonment for not more than ninety days,or both such firle and imprisonment Section 15.Severability;Should any section,clause,or provision of this ordinance be declared by the courts to be invalid,the same shall not affect the validity of the chapter as a whole or any part thereof, other than the part so declared to be invalid. PASSED by the City Council of the City of Moses Lake,Washington,and APPROVED by its Mayor this 13th day of August ,1974. *MAYOR,Gordon M.Ebbert & ATTEST: City Clerk,R.B.Gag APPROVEDAS TO FORM: ity Attorney,John E.Calbom i