Chapter 12.15
ERICKSON PARK

Sections:

12.15.010  Scope.

12.15.020  Definitions.

12.15.030  Park closure hours.

12.15.040  Expulsion from park.

12.15.050  Violation – Penalty.

12.15.060  Enforcement officer designated.

12.15.070  Monetary penalties.

12.15.080  Failure to pay monetary penalties – Penalty.

12.15.010 Scope.

The provisions of this chapter govern specified conduct within Erickson Park. For purposes of this chapter, "Erickson Park" shall mean all land within a rectangular parcel with boundaries as follows:

Beginning at the corner common to Sections 1, 2, 11 and 12, in Township 8 North of Range 6 West of the Willamette Meridian; thence running south 22 degrees 57 minutes east a distance of 8.83 chains (variation of 23 degrees 15 minutes east) to a point marked by a post which is the initial point or place of beginning to tract herein intended to be conveyed; thence south (variation 23 degrees east) 10 chains to a point; thence north 64 degrees 5 minutes west 10 chains to a point, thence south 64 degrees five minutes east 10 chains to a point, being initial point or place of beginning, containing 10 acres, said tract being a part of the James Birnie and Charlotte Birnie Donation Land Claim. Reserving unto the grantor the right to occupy the small dwelling and outbuildings in connection therewith, which occupy an area of approximately 60 feet by 60 feet along the west boundary line of said tract, together with full and free right of egress and ingress thereto during his life, or as long as he may desire to continue to reside therein, without any charge whatsoever during his life or his occupancy therein. (Ord. 415 § 1, 2000; Ord. 395 § 1, 1999)

12.15.020 Definitions.

Whenever used in this chapter, the following terms shall be defined as follows:

(1) The "director" shall mean the Cathlamet public works director, or his designee. (Ord. 415 § 1, 2000; Ord. 395 § 2, 1999)

12.15.030 Park closure hours.

(1) Erickson Park shall be closed during the following time period:

(a) Each day the park shall be closed between the hours of 10:00 p.m. and 6:00 a.m.

(b) On days when the schools of Wahkiakum School District No. 200 are in session, the park shall be closed to all persons under the age of 18 years, between the hours of 8:00 a.m. and 3:30 p.m. unless such person is under the immediate supervision of a parent, guardian, or teacher, or walking to school from home or from school to home by the most direct route.

(2) Park closure hours shall be posted at the entrance of the park.

(3) No person shall enter or be present in Erickson Park in violation of the park closure hours established in subsection (1) of this section. (Ord. 415 § 1, 2000; Ord. 395 § 3, 1999)

12.15.040 Expulsion from park.

In addition to any other penalty that may be provided by law for a violation of this chapter, failure by any person to comply with any provision of this chapter shall subject the person so failing to comply to immediate ejection from the park. A person subject to ejection pursuant to this section shall immediately leave the park when ordered to leave by the director or a peace officer. Any person who refuses to leave the park after being given such an order shall be guilty of criminal trespass in the second degree and shall be punished as provided in RCW 9A.52.080 as now or hereafter amended. (Ord. 415 § 1, 2000; Ord. 395 § 4, 1999)

12.15.050 Violation – Penalty.

Unless otherwise specifically provided herein, any violation of any provision of this chapter is a civil infraction that will be heard and determined by Cathlamet Municipal Court in accord with the provisions of Chapter 7.80 RCW as now or hereafter amended; provided, that any violation of a rule or regulation relating to traffic including parking, standing, stopping, and pedestrian offenses is a traffic infraction, except that violation of a rule or regulation equivalent to those provisions of RCW Title 46 set forth in RCW 46.63.020 is a misdemeanor; provided further, that any violation of any provision of CMC 12.15.030, CMC 12.15.040, or CMC 12.15.080 shall constitute a misdemeanor and shall be punished as provided in RCW 9.92.030. (Ord. 415 § 1, 2000; Ord. 395 § 5, 1999)

12.15.060 Enforcement officer designated.

For the purposes of issuing a notice of civil infraction pursuant to Chapter 7.80 RCW for violations of this chapter, the following persons are designated "enforcement officers" and are hereby authorized to enforce the civil provisions of this chapter: the sheriff of Wahkiakum County and his deputies, any peace officer of the state of Washington, the director and his designee duly appointed by the director. Only the sheriff, his deputies, and peace officers are authorized to enforce the criminal provisions of this chapter. (Ord. 415 § 1, 2000; Ord. 395 § 6, 1999)

12.15.070 Monetary penalties.

(1) A person found to have committed a civil infraction shall be assessed a monetary penalty (including statutory assessments) not to exceed the following amounts:

(a) First infraction: $75.00;

(b) Second infraction: $150.00;

(c) Third and subsequent infraction: $300.00.

(2) There shall be an additional penalty of $25.00 assessed for failure to respond to a notice of civil infraction. This civil penalty shall be in addition to the criminal penalties prescribed in RCW 7.80.160 for violating a written and signed promise to respond to a notice of civil infraction. (Ord. 415 § 1, 2000; Ord. 395 § 7, 1999)

12.15.080 Failure to pay monetary penalties – Penalty.

Whenever a monetary penalty is imposed by the court pursuant to this chapter and Chapter 7.80 RCW, it is immediately payable. Willful failure to pay the penalty constitutes a misdemeanor. (Ord. 415 § 1, 2000; Ord. 395 § 8, 1999)