2228_00001ORDINANCE NO.2228
ANORDINANCE AMENDINGCHAPTER 12.36 OF THE MOSES LAKEMUNICIPAL
CODE ENTITLED "PARK REGULATIONS"
THE CITY COUNClL OF THE CITY OF MOSES LAKE,WASHINGTON DOORDAIN AS FOLLOWS:
Section 1.Chapter 12.36 of the Moses Lake Municipal Code entitled "Park Regulations"is amended asfollows:
12.36.010 Purpose:The parks ofthe cityare established and maintained as areas of recreation,relaxation,and enjoymentfor the public.It is intended thatthe parks shall be regulated and used to permitenjoymentbyamaximumnumberofpeopleengagedinwidelydiverseinterestsandactivitiesas
may be practical within the limitsof space,design,and accommodationsavailablein each park.The city may require limitations on the use of parks to ensure thatparks are safe and to protect
the rights ofothers in surroundingareas.
12.36.030 Motorized Vehicles:Motorized vehicles are onlyallowed incity parks upon designatedroadways,and the vehicles shall only be parked within designated parking areas.Exceptions include thefollowingitems:
A.Authorized personnel may operate cityvehicles and maintenance equipment while conductingcityworkorbusiness.
B.The Parks Departmentmay authorize vehicles to load and unload materials,supplies,orequipment.
C.The City Manager may issue permits to handicapped persons.
12.36.040 Horses and Ponies:No person shall ride or lead any horse orpony in any park except upon aroadway,designated parking area,or designated bridle path.
12.36.050 .Fjrg:Fires shall not be builtor maintained in any park except in fire rings or fireplaces that areprovidedbythecity,or in personal stoves or barbecue unitswithindesignated picnic areas.
12.36.060 Commercial Activity:
A.The City Council or the City Manager may approve permits to be issued that authorizemerchandiseorservicestobesoldinaparkandthatauthorizeconcessionstobeoperatedinapark.No person shall sell or attempt to sell merchandise or services or operateconcessionsinaparkwithoutapermit.Permits shall only be issued ifthe merchandise,services,and concessions are reasonable and are in thebest interests of the city.
B.Allrequests for permits fromprofit-makinggroups or organizationsshall be reviewed bytheCityCouncil,and therequests shall be either approved or denied by the City Council.AIIrequestsforpermitsfromnon-profit groups or organizationsshall be reviewedby the ParksandRecreationDirectorandtheParksandRecreationDirectorshallmakerecommendations
to the City Manager,The City Manager shall either approve or deny the request.If anapplicationforapermitisdeniedbytheCityManager,the applicant may appeal thedecisiontotheCityCounciLTheCityCouncilshallheartheappealatthenextregularlyscheduledCityCouncilmeetingiftheappealrequestissubmittedbytheapplicanttotheCityManagerpriortotheThursdaybeforetheCouncilmeeting.
C.The CityCouncilor theCity Manager may place conditions on the permit,and thecitymayrevokethepermitiftheconditionsofthepermitareviolated.Persons whohold a validpermitshalladheretoalloftheconditionsstatedonthepermit.The City Council may deny permitstopersonswhohaveviolatedtheconditionsofapermitwithinthepreviousyear.
12.36.070 Garbage and Other Refuse:
A.No person shalldiscard or dispose of garbage or other refuse in a park except in a receptacleprovidedforsuchgarbageandotherrefuse.
O B.No person shall take garbage or other refuse into a public park for the purpose of discarding
or disposing ofsuch garbage and otherrefuse.
12.36.080 Motor Vehicle Speed:The designated speed for motor vehicles upon the roadways withindevelopedparkareasshallnotexceedfifteen(15)miles per hour.Speed limitsigns shall bepostedalongtheroadwayswithinapark.
12.36.090 Dangerous Eauipment and Activities:No person shall use or engage inany activity that createsanunreasonableinterferenceordangertootherpersons.Such activities include the use ofarcheryequipment,discuses,javelins,shot-puts,aircraft,rockets,missiles,firearms,and allactivitiesthattheCityManagerdeclaresunreasonable.The City Manager may allow thoseactivitiesinspecial-use areas as provided in Section 12.36.100 ofthis chapter.
Ordinance 2228
Page 2
12.36.100 Special-Use Areas:
A.The City Manager is authorized toestablish,alter,and discontinue special-use areas inparks.
Special-use areas can include areas for horse or pony riding,swimming,fishing,BMXriding,
skateboarding,concerts,boat launching,bicycle riding,camping,motorcycle riding,tennis,
golf,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
madeas towhether the activitycan be carried on without unreasonable interference or danger
to other persons.
B.The City Manager should designate the following conditionsfor all special-use areas.
1.Hours and days thatthespecial-use is allowed.
2.Specific activities thatare allowedwithinthespecial-use area.
3.Conditions forthespecial-use area.
C.The city shall mark the boundaries of the special use area and shall post signs thatstate the
conditions for the special-usearea.Allwarnings that are appropriate for thespecial-use area
shall also be posted with the conditions.
D.Special use areas shall be used only for thosepurposes for which theyare established.All
persons who use a special use area shall obey all conditions thatare specifiedby the City
Manager and are posted at thespecial-use area.
12.36.110 _Flom:No person shalldig,remove,destroy,injure,mutilate,orcut plantlife withina park unless
theyare an authorized cityemployee who is performing assigned park duties;or unlesstheyare
authorized by the Parks and Recreation Director to participate in city-approved activities that
involve such actions.
12.36.120 Markinq,injuring,or Disturbing Park Structures:The following items are not allowed,except for
cityemployees who are performing assigned duties or as authorized by permit issued bythe City
Manager.
A.Cut,break,injure,deface,or disturb park structures.OB.Write on,print on,or otherwise mark on park structures.
C.Attach signs,cards,displays,or other similar devices topark structures.
12.36.130 Discretion of CitvManager:Whenever thischaptermakes reference tothe exerciseofreasonable
discretion bythe City Manager,the City Manager shall take into consideration and account the
use and enjoyment of the parks for the maximum numberofpeople and the general purpose set
forth in Section 12.36.010.
12.36.140 Use of Path -Sign Shall Be Posted:Whenever the Parks and Recreation Department prescribes
rules or regulations forthe use ofany path or walkwithin a citypark,itis unlawful for any person,
firm,or corporation toviolate anysuch rule or regulation;provided that,the rules and regulations
for the path orwalk are stated on signs thatare posted conspicuouslyat all entrances and exits
for the path orwalk.
12.36.150 Violation -Penaltv:Any person,firm,or corporation violating or failing to comply with the
provisions of this chapter shall be deemed to have committed a civilinfraction subjectto a C-1
penalty.
Section 2.This ordinanceshall take effect and be inforce five (5)days after its passage and publication of
its summary as provided by law.
Adopted by the City Council and signed by its Mayor on
Ronald C.Covey,Ma
ATTEST:
R nald R.Cone,Finance Director
VED AS TO FORM:
ÅmesA.W r,CitÿAttorney