Chapter 8.18
PARK RULES AND REGULATIONS
Sections:
8.18.030 Allowable hours of operation.
8.18.040 Nonpermitted activities.
8.18.045 Smoking, tobacco use and inhalant delivery systems regulated.
8.18.050 Lease of park property and facilities.
8.18.060 Parks maintenance and operations.
8.18.080 Special use of park and city property.
8.18.085 Enforcement of special event or park use permits and lease agreements.
8.18.090 Park master plan standards.
8.18.100 Naming of park facilities.
8.18.145 Duration of exclusion.
8.18.155 Park hearings officer.
8.18.010 Purpose.
The establishment and maintenance of park property and facilities is intended to benefit current and future citizens of the city of Battle Ground 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 parks 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. (Ord. 11-09 § 1 (part), 2011: Ord. 99-028 § 1 (part), 1999)
8.18.020 Definitions.
The terms used in this chapter of the Battle Ground Municipal Code shall be defined as follows:
“Camp” means to erect a tent or other shelter or to use a sleeping bag, a vehicle or a type of recreational vehicle for the purpose of or in such a way as will permit remaining overnight.
“Campsites” means designated camping sites which are designated for the use of a tent or recreation vehicle and at which no water, sewer or electrical facilities are available for hookup.
“City” means the city of Battle Ground.
“City council” means the elected members of the Battle Ground city council.
“City manager” means the city manager of the city of Battle Ground or his or her designee.
“Inhalant delivery system” means a device that can be used to deliver liquid nicotine, or other liquids or solids in the form of a vapor or aerosol, to a person inhaling from the device; or a component of a device described above, or a substance in any form sold for the purpose of being vaporized or aerosolized by a device described in this definition, whether the component or substances are sold separately or are not sold separately.
“Motor vehicle” means any self-propelled device capable of being moved upon a road or other surface by which any persons or property may be transported, and shall include but not be limited to automobiles, boats, trucks, motorcycles, motor scooters, jeeps or similar type four-wheel-drive vehicles and snowmobiles.
“Non-motor vehicle” means any device capable of being moved upon a sidewalk, trail or other surface by which any persons or property may be transported, and shall include but not be limited to mobility devices, skateboards, scooters and bicycles.
“Park” means all public parks, plazas, public squares, playgrounds, activity centers and associated buildings, sidewalks and parking lots, designated open spaces, designated sensitive lands and other facilities of the city of Battle Ground specified in the City of Battle Ground Comprehensive Parks, Recreation and Open Space Plan and/or acquired by the city which are identified as park and recreation facilities owned and operated by the city and/or jointly owned and operated by the city and other designated entities.
“Parks and recreation director” means the employee of the city charged with the responsibility of administering the city’s parks and recreation programs and enforcing park rules and regulations.
“Person” means all persons, firms, partnerships, corporations, clubs and all associations or combinations of persons whenever acting for themselves or by an agent, employee or member.
“Planning director” means the employee of the city charged with the responsibility of administering and enforcing the land development regulations of the city.
“Public works director” means the employee of the city charged with the responsibility of administering the city’s public works department and enforcing public works rules and regulations.
“Recreation vehicle” means any motor vehicle, camper or towable camping trailer which contains any sleeping or housekeeping accommodations used for the purpose of travelling and leisure activities involved with camping, vacation activities and/or special events.
“Smoking and tobacco use” means the carrying or smoking of a kind of lighted pipe, cigar, cigarette or any other lighted smoking equipment and any other use of tobacco products.
“Structure” means any piece of work, artificially built up or composed of parts jointed together in some definite manner.
“Trail” means any path or track designed for use by pedestrians or bicycles and which use is not permitted by standard passenger automobiles, or other rights-of-way specifically designated and posted for nonvehicular use.
“Trailer” means a towed vehicle which contains any sleeping or housekeeping accommodation, boat, food cart, animal, or apparatus or is designed for the purpose of transporting any of the same by towing behind a vehicle.
“Type I application” means an application procedure that involves no or little discretionary decision-making on the part of the regulating agency and has no or little significant impact to abutting property owners and/or the public in general. (Ord. 15-04 § 5 (part), 2015: Ord. 12-02 § 1 (part), 2012: Ord. 11-09 § 1 (part), 2011: Ord. 08-10 (part), 2008: Ord. 07-14 § 1, 2007: Ord. 99-028 § 1 (part), 1999)
8.18.030 Allowable hours of operation.
Parks shall be open to the public from dawn to dusk. The city manager may grant permission for the skate park to remain open after dusk with the use of existing lighting. The parks and recreation director may establish special park closure hours for specific parks or areas within parks, if the director determines that such special park closure hours are necessary or appropriate and/or in conjunction with a lease agreement, special event/park use permit or a facility rental reservation. (Ord. 19-17 § 1, 2019: Ord. 15-01 § 1, 2015: Ord. 11-09 § 1 (part), 2011: Ord. 08-10 (part), 2008: Ord. 07-11 § 1 (part), 2007: Ord. 99-028 § 1 (part), 1999)
8.18.040 Nonpermitted activities.
A. All activities that constitute civil or criminal violations under local, state or federal statutes are not permitted within park property and/or park facilities.
B. The following activities are not permitted in city parks and park facilities unless expressly authorized by the parks and recreation director or his or her designee or city council as part of the park use permit process, facility rental reservation or a lease agreement:
1. Activities That Are Hazardous to Others.
a. Practicing or playing of games or activities in a manner that could knowingly harm other persons, animals and/or real or personal property;
b. Building and operating fires except in park-provided or personal portable barbeque units;
c. Negligent operation of a motor vehicle or nonmotorized modes of transportation including operating in an area not specifically designated for such usage and/or exceeding a vehicle speed of fifteen miles per hour.
2. Activities Interfering With Other Citizens’ Use and Enjoyment of Park Property and Facilities.
a. Activities conducted for private gain or profit, which charge an admission or entry fee and/or provide free promotions or giveaways of product or merchandise without prior authorization from the city;
b. Operation of a powered public address system or amplified music speaker system or other means of amplifying sound, unless permitted through city-sponsored events or through a special events permitting process; provided, however, that no language or musical lyrics shall be used which are offensive to the public;
c. Except for police or emergency service use, operation of remote-controlled and/or unpiloted vehicle, aircraft or watercraft except in such places the parks and recreation director may designate for such use. Devises shall include but not be limited to: unmanned aerial vehicle (drone) such as an unpiloted air system (UAS), unpiloted aerial vehicle (UAV), remote-piloted aircraft systems (RPAS), remote-controlled internal combustion or electric powered aircraft or watercraft;
d. Knowingly operating a motorized or nonmotorized vehicle in a manner that causes harm or destruction to the natural plants, trees and/or animals of a park;
e. Overnight parking of recreational vehicles or trailers except as authorized by a park use permit, lease agreement or in association with a recognized and sanctioned community or special event;
f. Posting signs, posters and notices of a private nature not authorized by a park use permit and not in conformance with the sign ordinance in effect at the time;
g. Interfering with the use of a reserved area of any park obtained through an approved park use permit process or leased to an organization, business or person;
h. Solicitation of donations, collections and/or contributions for a person(s) or for charitable, educational, business or entertainment purpose or peddling or hawking any goods or services, unless permitted through an approved city permit or a contract for service or lease;
i. Solicitations of donations, collections or contributions by a person for personal, business or entertainment purposes in Fairgrounds Park south of the Little League 3 enclosed fenced fields and including parking lots and sidewalks adjacent to the Battle Ground Community Center unless permitted through an approved city permit or a contract for service;
j. The possession or consumption of alcoholic beverages except in designated areas or facilities which have prior approval through a rental reservation or a park permit;
k. The shooting or firing or exploding of any firearms, fireworks, explosives, bow and arrow, sling shot or other weapon, toy or real, which discharges a pellet or other object with harmful force.
3. Activities Not in Conformance with General Rules of Behavior.
a. Failure to use designated existing trail systems to protect the ecosystem of a park property and/or intrusion into environmentally sensitive areas with manual or mechanical equipment when posted or otherwise designated as an area to remain undisturbed;
b. Failure to keep pets on a leash except seeing eye dogs, dogs used for law enforcement or in a designated off-leash area;
c. Failure to clean up animal feces and dispose of it properly;
d. Failure to throw any refuse, litter, glass, plastic bottles, junk or advertising material in designated receptacles;
e. Knowingly causing harm or destruction to park property including but not limited to plants, shrubs, trees, animals or birds; climbing trees or other structures not meant for that purpose;
f. Willfully removing, destroying, mutilating or defacing any structure, monument, statue, fountain, wall, fence or railing, vehicle, park furniture or fixture, lighting system, sprinkler system or other property in any park;
g. Urinating or defecating in any park or park facility except in a convenience station designed for that purpose; or to blow, spread, or place any nasal or other bodily discharge; or spit, urinate or defecate on the floors, walls, partitions, furniture, fittings, or on any portion of any public convenience station not intended for that purpose;
h. Swimming, bathing or wading in any park lake, river or pool except at such times and places as may be provided or designated for such purposes, such as parks with water features;
i. The riding, driving or parking of any motorized vehicle in a city park outside of designated areas. (Ord. 23-07 § 1, 2023; Ord. 15-04 § 5 (part), 2015: Ord. 12-02 § 1 (part), 2012: Ord. 11-09 § 1 (part), 2011: Ord. 08-10 (part), 2008: Ord. 07-031 § 1, 2007: Ord. 07-11 § 1 (part), 2007: Ord. 99-028 § 1 (part), 1999)
8.18.045 Smoking, tobacco use and inhalant delivery systems regulated.
Smoking, tobacco use and use of any inhalant delivery systems shall only be allowed in designated areas of all parks within the city of Battle Ground. Smoking, tobacco use and use of any inhalant delivery systems are prohibited in any other parts of parks except as designated. (Ord. 15-04 § 5 (part), 2015: Ord. 11-09 § 1 (part), 2011: Ord. 07-14 § 2, 2007)
8.18.050 Lease of park property and facilities.
A. All lease agreements shall be prepared and maintained in accordance with the following procedures.
B. All long-term users of park property and park facilities shall enter into a lease agreement with the city with such lease agreements to be maintained on file at the city of Battle Ground City Hall and the parks and recreation department under the supervision of the parks and recreation director or his or her designee.
1. A lease agreement shall not exceed a maximum of five years, except that investments in park property and/or structures in excess of fifty thousand dollars, as approved by the city council, may be authorized for a longer term.
2. Lease fees for use of a park property and/or facilities shall be at a rate to be determined by the city council. (Ord. 11-09 § 1 (part), 2011: Ord. 99-028 § 1 (part), 1999)
8.18.060 Parks maintenance and operations.
Parks maintenance and operations shall be conducted by the parks department of the city of Battle Ground or its authorized agent under the supervision of the park and recreation director or his or her designee. (Ord. 11-09 § 1 (part), 2011: Ord. 08-10 (part), 2008: Ord. 99-028 § 1 (part), 1999)
8.18.065 Volunteers.
Volunteer groups or organizations are encouraged to assist the city in the improvement and/or maintenance of its park property and/or park facilities. Such assistance may be on a one-time, annual or ongoing basis. The parks and recreation director or his/her designee shall coordinate and oversee all park volunteer improvement projects. (Ord. 11-09 § 1 (part), 2011)
8.18.070 Donations.
Donations by individuals, groups or organizations are encouraged to assist the city in the improvement and/or enhancement of its park property and/or park facilities. Such donations may include monetary donations and/or in-kind services or materials. The parks and recreation director or his/her designee shall oversee all park related donations and applicable policies. The city council shall make the final decision on the installation of any permanent improvement not identified in the park donation policy. (Ord. 11-09 § 1 (part), 2011)
8.18.080 Special use of park and city property.
A. The purpose of this section is to assure equal access to and enjoyment of park properties and facilities. Any person or organization desiring to utilize city park property and/or park facilities and/or streets and rights-of-way for a community event, special event or other similar activity that would substantially preclude normal public use and enjoyment of park property and/or facilities will be required to have an approved special events permit pursuant to Chapter 8.36 BGMC. Examples of activities that would require a special events permit include but are not limited to organized fairs, carnivals, concerts, performances, festivals or events, block parties, parades, sports events, exclusive use of a park property or facility in its entirety or a portion thereof, events or activities occurring after allowable hours of operation and/or that would cause noise regulated by Ordinance No. 98-010 (Chapter 9.42 BGMC, Public Disturbance Noise). Examples of activities that would not require a special events permit are nonorganized sport usage of park properties or facilities, funeral processions or private events conducted on private property.
B. If such activity is commenced without having first obtained city approval via a special event permit, the parks and recreation director and/or the chief of police or his or her designee shall have the discretionary authority to order the promoter or designated person in charge of the activity to cease operations immediately. Violation of this provision shall be a Class B misdemeanor.
C. If a lease agreement contains provisions and conditions for an activity occurring on park property or in a park facility, a separate special events permit shall not be required. (Ord. 16-10 § 1 (part), 2016: Ord. 11-09 § 1 (part), 2011: Ord. 08-10 (part), 2008: Ord. 07-030 § 1, 2007: Ord. 99-028 § 1 (part), 1999. Formerly 8.18.070)
8.18.085 Enforcement of special event or park use permits and lease agreements.
A. Violations of a park use permit may result in the revocation of an approved special event or park use permit by the parks and recreation director or his or her designee.
B. Violations of the adopted parks rules and regulations by parties to lease agreements may result in suspension of an approved lease by the Battle Ground city council. (Ord. 16-10 § 1 (part), 2016: Ord. 11-09 § 1 (part), 2011: Ord. 99-028 § 1 (part), 1999. Formerly 8.18.140)
8.18.090 Park master plan standards.
A. Rules and regulations may be developed in conjunction with specific park master plans that may result in additional rules and regulations on the use and enjoyment of specific park properties and/or facilities. The standards contained within this chapter should therefore be viewed as the minimal parks rules and regulations applicable to all park facilities and properties.
B. Park master plans and the standards contained therein shall be reviewed for any necessary changes or updates on a scheduled basis to be determined by the parks and recreation director, parks advisory board and/or city council. (Ord. 11-09 § 1 (part), 2011: Ord. 99-028 § 1 (part), 1999. Formerly 8.18.080)
8.18.100 Naming of park facilities.
Naming of park facilities shall be based on a recommendation from the parks advisory board to the city council. In accordance with the city’s “Park & Facility Naming Policy,” the parks advisory board shall either identify the name of a park or facility through a regularly scheduled meeting or will conduct a public hearing on the matter based on a determination by the parks advisory board that such a hearing is warranted. (Ord. 16-10 § 1 (part), 2016: Ord. 11-09 § 1 (part), 2011: Ord. 99-028 § 1 (part), 1999. Formerly 8.18.090)
8.18.110 Appeals.
An applicant may appeal the decision on a special event or park use permit application within fourteen days of the date of the issuance of the determination or enforcement notification. Appeals shall be conducted in conformance with BGMC 17.200.140. An applicant appealing the parks and recreation director decision on a park use permit shall be charged an appeal fee. The fee shall be refunded to the applicant if the appeal is upheld. The Battle Ground city manager and/or his/her designee shall hear any appeals. (Ord. 16-10 § 1 (part), 2016: Ord. 11-09 § 1 (part), 2011: Ord. 99-028 § 1 (part), 1999. Formerly 8.18.120)
8.18.120 Liability.
The provisions of this chapter shall not be construed as relieving or limiting in any way the responsibility or liability of any person, business or organization using park property or a park facility under the jurisdiction of the city of Battle Ground for personal injury or property damage resulting from the use, authorized or unauthorized, of park property or park facilities. Nor shall it be construed as imposing on the city or its officers or employees any responsibility or liability by reason of the approval or disapproval of a park use permit under the provisions of this chapter. (Ord. 16-10 § 1 (part), 2016: Ord. 11-09 § 1 (part), 2011: Ord. 99-028 § 1 (part), 1999. Formerly 8.18.130)
8.18.130 Violations.
Additional violations of this chapter may be imposed or enforced under Chapter 8.34 BGMC. (Ord. 16-10 § 1 (part), 2016: Ord. 11-09 § 1 (part), 2011: Ord. 03-017 § 5, 2003. Formerly 8.18.150)
8.18.140 Exclusion.
Any law enforcement officer of the city of Battle Ground may exclude from a Battle Ground city public park anyone within a city park who:
A. Violates any provision of or within this chapter; or
B. Violates any park rules as defined in this chapter; or
C. Violates any provision of the City of Battle Ground Municipal Code or Revised Code of Washington.
The subject need not be charged, tried or convicted of any crime or infraction in order for any exclusion notice to be issued or effective. The exclusion may be based upon observation by the law enforcement officer or upon civilian reports that would be ordinarily relied upon by the law enforcement officer in determination of probable cause. At the time of exclusion of the individual from the public park, the law enforcement officer shall deliver to that individual an exclusion notice. (Ord. 16-10 § 1 (part), 2016: Ord. 11-09 § 1 (part), 2011: Ord. 07-022 § 1, 2007. Formerly 8.18.160)
8.18.145 Duration of exclusion.
A. If the subject 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 criminal offense (misdemeanor or felony) or an offense involving possession or use of weapons or controlled substances, then the subject may be excluded from all city parks for a period of two days from the date of the exclusion notice.
B. If the subject has been issued only one prior exclusion notice within one year prior to the violation and neither the current violation nor the previous violation is a criminal offense (misdemeanor or felony) or an offense involving possession or use of weapons or controlled substances, then the subject may be excluded from all city parks for a period of seven days from the date of the exclusion notice.
C. If the subject has been issued only two prior exclusion notices within one year prior to the violation and neither the current violation nor the previous violations are a criminal offense (misdemeanor or felony) or an offense involving possession or use of weapons or controlled substances, then the subject may be excluded from all city parks for a period of thirty days from the date of the exclusion notice.
D. If the subject has been issued only three prior exclusion notices within one year prior to the violation and neither the current violation nor the previous violations are a criminal offense (misdemeanor or felony) or an offense involving possession or use of weapons or controlled substances, then the subject may be excluded from all city parks for a period of six months from the date of the exclusion notice.
E. If the subject has committed a misdemeanor offense and 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 criminal offense or an offense involving possession or use of weapons or controlled substances, then the subject may be excluded from all city parks for a period of thirty days from the date of the exclusion notice.
F. If the subject has committed a misdemeanor offense and has been issued only one prior exclusion notice within one year prior to the violation and neither the current violation nor the previous violation is a felony criminal offense or an offense involving possession or use of weapons or controlled substances, then the subject may be excluded from all city parks for a period of ninety days from the date of the exclusion notice.
G. If the subject has committed a misdemeanor offense and has been issued only two prior exclusion notices within one year prior to the violation and neither the current violation nor the previous violation is a felony criminal offense or an offense involving possession or use of weapons or controlled substances, then the subject may be excluded from all city parks for a period of six months from the date of the exclusion notice.
H. If the subject has committed a misdemeanor offense and has been issued only three prior exclusion notices within one year prior to the violation and neither the current violation nor the previous violation is a felony criminal offense or an offense involving possession or use of weapons or controlled substances, then the subject may be excluded from all city parks for a period of one year from the date of the exclusion notice.
I. If the subject has committed a felony offense or an offense involving the possession or use of weapons or a controlled substance and has not been excluded from any city park by an exclusion notice issued within one year prior to the violation, then the subject may be excluded from all city parks for a period of ninety days from the date of the exclusion notice.
J. If the subject has committed a felony offense or an offense involving the possession or use of weapons or a controlled substance and has been issued only one prior exclusion notice within one year prior to the violation, then the subject may be excluded from all city parks for a period of six months from the date of the exclusion notice.
K. If the subject has committed a felony offense or an offense involving the possession or use of weapons or a controlled substance and has been issued only two prior exclusion notices within one year prior to the violation, then the subject may be excluded from all city parks for a period of one year from the date of the exclusion notice.
L. If the subject returns to any city park during the time of exclusion, he/she will be subject to arrest and prosecution for criminal trespass.
The aforementioned exclusion notice rules are summarized below:
|
Type of Offense |
First |
Second |
Third |
Fourth |
|---|---|---|---|---|
|
Park Rules Violation |
2 days |
7 days |
30 days |
6 months |
|
Misdemeanor |
30 days |
90 days |
6 months |
1 year |
|
Felony/Weapons/Drug |
90 days |
6 months |
1 year |
|
(Ord. 16-10 § 1 (part), 2016: Ord. 11-09 § 1 (part), 2011: Ord. 07-022 § 2, 2007. Formerly 8.18.165)
8.18.150 Notice and appeal.
A. 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.
B. Only the park hearings officer, and only after a hearing, may shorten or rescind an exclusion notice.
C. A subject receiving an exclusion notice longer than seven days may seek a hearing before the park hearings officer to have the exclusion notice shortened or rescinded. The request for a hearing shall be delivered to the park hearings officer’s office no later than ten days after the issuance date of the exclusion notice. The request for a hearing shall be in writing and shall be accompanied by a copy of the notice on which the hearing is sought. The hearing should occur within fourteen days after the park hearings officer receives the request. The park hearings officer shall take reasonable steps to notify the subject of the date, time and place of the hearing.
D. At the hearing, the violation must be proven by a preponderance of the evidence in order to uphold the exclusion notice. If the 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 notice establishes a prima facie case that the subject committed the violation as described. The park hearings officer shall consider a sworn report or a declaration under penalty of perjury as authorized by RCW 9A.72.080, written by the issuer, without further evidentiary foundation. The park hearings officer may consider information that would not be admissible under the evidence rules in a court of law but which the examiner considers relevant and trustworthy.
E. If the violation is proven, the exclusion notice shall be upheld; but upon good cause shown, the examiner may shorten the duration of the exclusion. If the violation is not proven the examiner shall rescind the exclusion. If the exclusion is rescinded it shall not be considered a prior exclusion.
F. The decision of a park hearings officer is final. A subject seeking judicial review of the examiner’s finding must file an application for a writ of review in the Clark County superior court within fourteen days of the date of that decision.
G. The exclusion shall remain in effect during the pending of any administrative or judicial proceeding.
H. When excluding a person under the age of thirteen, a reasonable effort will be made by the person issuing the exclusion to notify the parents/guardian of the exclusion. (Ord. 16-10 § 1 (part), 2016: Ord. 11-09 § 1 (part), 2011: Ord. 07-022 § 3, 2007. Formerly 8.18.170)
8.18.155 Park hearings officer.
The city manager shall appoint a park hearings officer who shall conduct a hearing if an appeal is filed pursuant to BGMC 8.18.150. The park hearings officer shall have the authority to issue subpoenas to compel attendance. (Ord. 16-10 § 1 (part), 2016: Ord. 11-09 § 1 (part), 2011: Ord. 07-022 § 4, 2007. Formerly 8.18.175)