HomeMy WebLinkAbout6465 ORDINANCE NO. 6 4 6 5
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON ADDING NEW
CHAPTER 2.22 TO THE AUBURN CITY CODE
RELATING TO PARKS
WHEREAS, In 1982 the Parks and Recreation Board ("Board"), under the
authority of Chapter 2.42 of the Auburn City Code, promulgated a Manual of
Policies and Procedure, which has been updated over the years, and
WHEREAS, in 2006, the City Council changed the role of the Board to that
of an advisory body; and
WHEREAS, staff recommends that the Manual be updated to reflect
current Parks and Recreation Department practices, and that those portions of
the Manual that affect the rights and obligations of the public be moved into the
Auburn City Code
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. New Chapter to City Code. That a new Chapter 2.22 be
and the same hereby is added to the Auburn City Code to read as follows:
Chapter 2.22
PARK CODE
Sections:
2.22.010 Chapter constitutes park code.
2.22.020 Exercise of police power
2.22.030 Definitions.
2.22.040 Permits —Assemblies, entertainment, etc.
2.22.050 Permits — Generally.
2.22.060 Reserved.
2.22.070 Destruction of park property
2.22.080 Intoxicating liquors.
-----------------------------
Ordinance No 6465
November 13, 2013
Page 1 of 10
2.22.090 Selling, advertising, soliciting
2.22.100 Damage or removal of plants prohibited.
2.22.1 10 Disposal of trash.
2.22.120 Animal control.
2.22.130 Molesting or feeding animals
2.22.140 Damage by animals
2.22.150 Prohibitions as to boating, fishing and swimming
2.22.160 Boats and beaches
2.22.170 Fires
2.22.180 Use of certain equipment.
2.22.190 Fireworks
2.22200 Vehicular standards
2.22.205 Entrance fees
2.22.210 Overnight use
2.22.215 Parking fees required.
2.22.220 Opening and closing hours
2.22.230 Emergency conditions
2.22.250 Penalty for violations
2.22.255 Violators may be required to leave park.
222.260 Severability
2.22.010 Chapter constitutes park code.
This chapter shall constitute the park code of the City of Auburn and
may be cited as such. Conduct in all public parks shall be subject to all
the general police regulations of the City of Auburn and not exclusively to
the provisions of this chapter.
2.22.020 Exercise of police power.
This chapter is hereby declared to be an exercise of the police power
of the State of Washington and the City of Auburn for the public peace,
health, safety, and welfare, and its provisions shall be liberally construed
2.22.030 Definitions.
The terms herein used, unless clearly contrary to or inconsistent with
the context in which used, shall be construed as follows
A. "Civil infraction" has the meaning given that term by chapter 7 80
RCW, the Infraction Rules for Courts of Limited Jurisdiction and any local
rule adopted thereto by the King County District Court at Auburn
B "Director" means the Director of the Parks and Recreation
Department.
C "Hearing Examiner" means the City's Hearing Examiner as set forth
in Chapter 2.46ACC
------------------------------
Ordinance No. 6465
November 13, 2013
Page 2 of 10
D "Park' means and includes all .parks, squares, drives, piers,
boulevards, golf courses, zoos, beaches, playgrounds, and recreation
areas and facilities either developed or undeveloped, owned or under the
management and control of the City of Auburn.
E. "Vehicle" shall have the meaning set forth in RCW 46 04 670 as
currently enacted or hereafter amended and shall also include (1) trailers,
including trailers designed to be towed behind any vehicle, and (2)
motorized scooters and electric personal assistive mobility devices, as
defined in Chapter 10 54 of this code
Wherever consistent with the context of this chapter, words in the
present, past, or future tenses shall be construed to be interchangeable
with each other, and words in the singular number shall be construed to
include the plural.
2.22.040 Permits — Assemblies, entertainment, etc.
Any person who conducts or participates in any organized
entertainment, demonstration, or public gathering, in any park shall obtain
a permit from the Director The procedure for application and
consideration of permits for this purpose is as follows
A. Any person seeking to obtain a permit shall file a written application
with the Director no later than one month prior to the date of the proposed
use The application shall state the purpose for which the park would be
used, the date and time of the proposed use, the name of the park and the
area thereof that would be used, the anticipated number of persons who
would be present, and such other information reasonably relating to the
contemplated use as the Director may require, provided, however, that
said Director may, for good cause shown, waive the one-month
requirement for filing said application
B W hen the proposed use is an exercise of rights protected by the
First and Fourteenth Amendments to the United States Constitution, or
Article I, Sections 3, 4, 5, or 11 of the Washington Constitution, the
application shall be processed promptly, without charging a fee for political
or religious activities other than a fee based on the cost of processing the
application, or imposing terms or conditions that infringe constitutional
freedoms, and in a manner that respects the liberties of applicants and the
public
C In reviewing an application under this section, the Director shall
consider the following conditions and standards.
1 The size of the park and any specialized purpose for which it is
normally used or for which specialized facilities have been provided;
2. The location of the park, its aesthetic character and physical
characteristics, and the character of the area surrounding it;
3 The anticipated size of the proposed use and assemblage, and
activities associated with the event, including but not limited to the extent
------------------------------
Ordinance No 6465
November 13, 2013
Page 3 of 10
of commercial activity, such as the sales of food, goods, and services,
product advertising or promotion, or other business participation in the
event; the use or application of any funds raised,
4 Policing problems that may arise from the intended use,
5 The effect of the intended use, including consideration of the
noise to be expected, upon the adjacent area and its occupants, and
6. Other activities scheduled for the parks at the anticipated time
and place
C If, under the conditions set forth in subsection B of this section, the
Director finds after an investigation that the safety, comfort, and
convenience of the public in the use of the parks, or in the usage of the
area adjacent to the park, would be unduly disturbed, he or she may deny
the application, may impose restrictions upon the permit, or may issue a
permit for a different date, time, park, or park area so as to alleviate such
burden The Director may issue a permit for use of the park during hours
when the park is closed if he or she approves the application
2.22.050 Permits — Generally.
A. Permits, when required by this chapter, shall be applied for through
the Director unless otherwise provided The granting or denying of
permits shall be based upon the policies and standards set forth in this
chapter Where fees are required by the City for the issuance of permits,
payment of such fees will be required before permits are issued. No fee
shall be imposed when prohibited by the First and Fourteenth
Amendments to the United States Constitution, or Article I, Section 3, 4, 5,
or 11 of the Washington Constitution other than a fee based on the cost of
processing the application Political or religious activity intended primarily
for the communication or expression of ideas shall be presumed to be a
constitutionally protected event. Factors that may be considered in
evaluating whether or not the fee applies include the nature of the event;
the extent of commercial activity, such as the sales of food, goods, and
services, product advertising or promotion, or other business participation
in the event; the use or application of any funds raised, if part of an annual
tradition or a series, previous events in the sequence, and the public
perception of the event.
B All permits issued by the City shall be subject to other applicable
city ordinances and Park regulations The persons to whom such permits
are issued ("permittees") shall be bound by said rules, regulations, and
ordinances as fully as though the same were contained in such permits. A
permittee shall be liable for any loss, damage, or injury sustained by any
person by reason of the negligence of the permittee, as well as for any
breach of such rules, regulations, or ordinances, to the person or persons
so suffering damages or injury
------------------------------
Ordinance No 6465
November 13, 2013
Page 4 of 10
C Permits issued for musical acts or bands shall specify that the
noise/sound level emitting from such act or band shall be no greater than
90 decibels at or beyond 50 feet.
Any person claiming to have a permit from the City must produce and
exhibit such permit upon the request of any authorized person who may
desire to inspect the same
2.22.060 Reserved.
2.22.070 Destruction of park property.
It is unlawful for any person to damage or destroy any real or personal
property within a park.
2.22.080 Intoxicating liquors.
The display, possession, or consumption of intoxicating liquors in any
park is prohibited, except in particular areas or facilities which may be
expressly designated from time to time by the Director Every person who
violates any provision of this section shall be guilty of a civil infraction and
shall be fined not more than $100, which includes all statutory
assessments Whenever any person is stopped for a violation of this
section, the officer may detain that person for a reasonable period of time
necessary to identify the person and check for outstanding warrants
2.22.090 Selling, advertising, soliciting.
A. No person, except duly authorized concessionaires, and those
having a specific permit, shall sell or offer for sale in any park any goods,
refreshments, photographs, or other articles.
B Advertising by the distribution, carrying, erection, attachment, or
use of a handbill, sign, or device of any kind in any park is prohibited. It is
unlawful to place or erect a structure of any kind in any park. It shall be
unlawful to carry on any activity whatsoever for compensation or
renumeration except upon express authorization of the Director, including,
but not limited to, the sale of goods, wares, merchandise, and services
2.22.100 Damage or removal of plants prohibited.
Unauthorized cutting, removal, or destruction of any turf, tree, plant,
shrub, flower, or seaweed on park property is prohibited While inside any
park, having in one's possession any newly-plucked branch, tree, flower,
plant, fungus (mushrooms, shelf fungus, etc ), algae or shrub without
specific permission by the Director shall be presumptive evidence of such
cutting, removal, or destruction.
2.22.110 Disposal of trash.
------------------------------
Ordinance No 6465
November 13, 2013
Page 5 of 10
No person shall throw or leave litter, garbage, trash, or yard waste in or
at a park except in a receptacle provided for that purpose No person
shall deposit on any park property any household or commercial garbage,
refuse, or rubbish which is brought as such from any private property The
penalty for violation of this section shall be as provided in ACC 8 16
2.22.120 Animal control.
A. Unless in a designated off-leash area, dogs and cats must be on a
leash no longer than eight feet or secured inside a vehicle.
B Animals are not allowed to enter wading pools, ponds, lakes,
fountains, spraygrounds, or any play area designed to utilize water in any
park unless in a designated off-leash area
C Any person with an animal in his or her possession shall be
responsible for the conduct of the animal
D The provisions of this section do not apply to animals owned or
maintained by the City of Auburn.
E. The Director may prohibit animals, except for service animals as
defined in RCW 9 91 170, from events and/or facilities within a park.
F All provisions of Title 6 of this code remain in full force and effect in
all parks and may be enforced by any police officer or animal control
officer
G Any violation of this section is a class 1 civil infraction unless a
different penalty is provided in Title 6 of this code
2.22.130 Molesting or feeding animals.
No person shall molest or attempt to touch any bird or wild animal in a
park. It shall be unlawful for any person to give, offer, or attempt to give to
any wild animal within the parks any tobacco, drink, or other article known
to be dangerous or noxious to animals It is also unlawful to feed any wild
bird or animal in a park.
2.22.140 Damage by animals.
Owners of animals damaging or destroying park property will be held
liable for the full value of the property damaged or destroyed, in addition to
impounding fees and the penalty imposed for violation of these provisions
2.22.150 Prohibitions as to boating, fishing, and swimming.
It is unlawful for any person to boat, fish, wade, swim, scuba dive,
snorkel, or bathe in any park except in the places and at times designated
by the Director
2.22.160 Boats and beaches.
Ordinance No 6465
November 13, 2013
Page 6 of 10
No dock or any other structure shall be built upon any beach unless
expressly authorized No boat shall be kept for hire or private use upon
any waters under the jurisdiction of the City of Auburn, except as
expressly authorized by the Director Launching of waterborne craft from
any shoreline is prohibited, except for specifically designated areas or with
specific permit issued by the Director The launching of waterborne craft,
as provided in this section, shall be unlawful if the required fee, as
determined by the Director, has not been paid.
2.22.170 Fires.
A. Fires are prohibited except in picnic stoves or fire pits installed
under the authority of the Director or in portable barbeques Fires in any
other facility or area are allowed only by special permit. Fires in picnic
stoves or portable barbeques may only utilize propane or charcoal
briquettes as fuel; all other fuel sources, including wood, are specifically
prohibited Portable barbeques may be utilized only for cooking food
Briquettes must be completely extinguished and properly disposed of or
removed from the park. The Director may further restrict the use of
barbeques within any park, provided that signs are installed to notify
patrons of the restrictions
B Fires are prohi bited during announced burn bans
2.22.180 Use of certain equipment.
A. It is unlawful for any person to use a slingshot, beanshooter,
paintball gun, air gun, or other similar implement, or golf or archery
equipment in or upon any park; Provided, that such equipment may be
used in areas especially designated or provided for that use, or by specific
permit.
B It is unlawful to conduct organized golf, baseball, tennis, soccer, or
other games of like character, or to hurl or propel any missile into or over
any park, except at places set apart for such purposes
C It is unlawful to use motorized model aircraft or watercraft in any
park, except as specifically permitted
2.22.190 Fireworks.
It is unlawful to carry, shoot, fire, or explode any fireworks or
explosives of any kind in any park.
2.22.200 Vehicular standards.
It is unlawful:
A. to enter or leave a park by other than established entrances and
exits
Ordinance No 6465
November 13, 2013
Page 7 of 10
B to operate a vehicle or a bicycle in any park, except on roads
intended for the movement of public vehicular traffic, or on roads and trails
specifically designated for special use
C to park vehicles in any park except in established parking areas.
D to park in any park when the park is closed Any vehicle that is
parked in violation of this subsection may be immediately impounded
E. to service, wash, wax, or change the oil of any vehicle within a
park.
F to engage in, conduct, or hold any trials or competitions for speed,
endurance, or hillclimbing involving any vehicle, boat, or aircraft in any
park without specific permit.
G to fail to obey the posted speed limits and all other regulatory signs
2.22.205 Entrance fees.
Where fees are required by the Director for entering any park, it is
unlawful to enter without paying the prescribed fee
2.22.210 Overnight use.
It is unlawful to camp or set tents or other shelters overnight in any
park, unless authorized by the Director
2.22.215 Parking fees required.
Where parking fees are required by the Director for parking within any
park, it is unlawful to park without paying the prescribed parking fee Any
person violating this section shall be deemed to have committed a parking
infraction, the penalty for which shall not exceed the sum of $250 00
2.22.220 Opening and closing hours.
A. Unless otherwise posted, parks shall open one-half hour before
sunrise and close one-half hour after sunset. Any person entering or
remaining in a park when it is closed is subject to arrest and prosecution
for criminal trespass
B The Director may extend open hours for sanctioned events, but
only that portion of a park being used for the event will be open beyond
normal hours, other areas of such a park shall remain closed
C This section shall not apply to
1 police officers or park employees while on-duty
2 sidewalks that are within the right-of-way of a public street,
when the street is not within the boundaries of a park.
2.22.230 Emergency conditions.
A. In case of an emergency, or in case where life and property are
endangered, all persons, if requested to do so by the Director or other
Ordinance No 6465
November 13, 2013
Page 8 of 10
Park employee or a police officer, shall depart from the portion of the
grounds specified by such officer or employee, and shall remain off the
same until permission is given to return
B Any person who remains on park property after being required to
leave by a City of Auburn employee or by a police officer, or who returns
to the park without permission, is guilty of criminal trespass and may be
arrested and prosecuted under the Auburn City Code Any juvenile
violating this section may be arrested and prosecuted under chapter 9 52
RCW, as currently enacted or hereafter amended
2.22.250 Penalty for violations.
Unless specifically designated in the Auburn City Code as a gross
misdemeanor or misdemeanor, or if specified to be enforced pursuant to
other law, including, but not limited to, another section, chapter, or title of
the Auburn City Code, any violation of this chapter shall constitute a
Class 1 infraction, not to exceed $250, not including statutory
assessments Such penalty is in addition to any other remedies or
penalties provided by law For each act herein prohibited of a continuing
nature, each day shall be considered a separate offense
2.22.260 Severability.
If any part, provision, or section of this chapter is held to be void or
unconstitutional, all other parts not expressly so held shall continue in full
force and effect.
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation
Section 3. Severability. The provisions of this ordinance are
declared to be separate and severable The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
------------------------------
Ordinance No 6465
November 13, 2013
Page 9 of 10
Section 4. Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law
DEC 22013
INTRODUCED
PASSED DFf 9x0/3
APPROVED DEC 2 2013
AUB
PETE B LEWI
MAYOR
ATTEST-
Danielle E. Daskam, City Clerk
APPR ED TO FORM
D iel B eid, ity A
Published _ ��,
------------------------------
Ordinance No 6465
November 13, 2013
Page 10 of 10