Chapter 12.24
PARK USE CODE
Sections:
12.24.050 Conditions of use by community or other groups.
12.24.060 Liability of groups using facilities.
12.24.070 Liability insurance to be obtained by groups using facilities.
12.24.080 Groups to leave facilities in a satisfactory condition.
12.24.110 Fishing regulations.
12.24.120 Refuse and litter to be deposited in designated receptacles.
12.24.130 Solicitation, peddling, vendors, advertising or use of amplifying devices prohibited.
12.24.150 Alcoholic beverages prohibited except subject to special events permit.
12.24.160 Camping on public property.
12.24.180 Penalties for violation.
12.24.010 Title.
This chapter may be cited as the “park use code” for the city of Goldendale. (Ord. 1385 §1(part), 2009)
12.24.020 Purpose.
This chapter is declared to be an exercise of the police power of the city for the public peace, health, safety and welfare and its provisions are to be liberally construed. The park areas, playgrounds, activity centers and other facilities of the parks of the city are established by law for public recreation purposes. The primary purposes of such facilities and parks are for the accommodation of the public as a whole and secondary for the recreational activities of community groups or other groups consistent with the use of such facilities by the public as a whole. (Ord. 1385 §1(part), 2009)
12.24.030 Definitions.
The terms herein used unless clearly contrary to or inconsistent with the context in which used shall be construed as follows:
A. “Camp” means to pitch, erect or occupy camp facilities, or to use camp paraphernalia or both for the purpose of, or in such a way as will permit, remaining overnight, or parking a trailer, camper, or other vehicle for the purpose of remaining overnight.
B. “Camp facilities” include, but are not limited to, tents, huts, temporary shelters, or vehicles.
C. “Director” means the director of public works or his designee.
D. “Motor vehicle” means any personal self-propelled device capable of being moved upon a road and in, upon, or by which any persons or property may be transported or drawn, and shall include, but not be limited to, automobiles, trucks, motorcycles, motor scooters, jeeps, or similar type of four-wheel-drive vehicles and snowmobiles, whether or not they can be legally operated upon the public highways.
E. “Park” means and includes all city parks, public drives, parkways, streets, pools, play and recreational grounds owned and controlled by the city of Goldendale.
F. “Person” means all natural persons, firms, partnerships, corporations, clubs and all associations or combination of persons whenever acting for themselves or by an agent, servant or employee.
G. “Special event” is described as a community-wide event with special provisions and requests from the sponsoring group.
H. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location.
I. “Street” means any highway, lane, road, street, right-of-way, alley and every way or place in Goldendale open as a matter of right to public vehicular travel.
J. “Trail” means any path or track designed for use of pedestrians, bicycles, or equestrians, and which is not of sufficient width, nor graded or paved with concrete, asphalt, gravel, or similar substance so as to permit its use by standard passenger automobiles, or other right-of-way specifically designated and posted for nonvehicular use. (Ord. 1385 §1(part), 2009)
12.24.040 Hours.
All city parks and park facilities shall be available and open for the use of the public during daylight hours; provided, that the public works director shall establish defined hours of operation according to the season during which parks and park facilities shall be open to the public; and further provided, city council may by resolution establish other hours of operation to provide for extended hours where lighting has been provided, or curtailed hours of operation for areas containing play equipment or for other circumstances deemed appropriate. Such hours shall be posted at the entrance to the park area affected by the hours. No person shall enter or be present at a city park area after closing time except in the designated camping areas at Ekone Park and as provided by an approved application, submitted in accordance with Section 12.24.050. (Ord. 1385 §1(part), 2009)
12.24.050 Conditions of use by community or other
groups.
Groups may reserve any part of the park facilities, for exclusive use, with the city clerk on the approved application; and provided, that such activities are:
A. Conducted in accordance with the uses and purposes of the city’s parks;
B. At all assemblies or functions by groups for/of minors, responsible adults must be present throughout the entire function;
C. Scheduled during the hours when the facilities are regularly open, unless specially allowed by an approved application.
The city clerk shall circulate the application for approval to all department heads. Application will then be submitted to the council for review and approval. The council’s decision shall be final. (Ord. 1385 §1(part), 2009)
12.24.060 Liability of groups using facilities.
Groups using facilities will be required to protect and save the city, its elected and appointed officials and employees while acting within the scope of their duties harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of the group’s employees or third parties on account of personal injuries, death, or damage to property arising out of use of the premises. (Ord. 1385 §1(part), 2009)
12.24.070 Liability insurance to be obtained by
groups using facilities.
Groups wanting complete control of all or any part of the park facilities shall obtain and maintain continuous public liability insurance and/or other insurance necessary to protect the city and the public on premises used with limits of liability not less than subsections A, B, and C of this section. Depending on the size and type of activity, the liability insurance requirement could be waived. However, if it is a high profile activity, or if there are vendors on site, the limits need to be modified to fit the activity.
A. One million dollars each person personal injury;
B. One million dollars each occurrence personal injury;
C. One hundred thousand dollars each occurrence property damage. (Ord. 1385 §1(part), 2009)
12.24.080 Groups to leave facilities in a satisfactory condition.
All groups must leave the facility in a condition considered satisfactory. “Satisfactory” shall mean restoring the facilities to the condition to which they were prior to the use of the group. No group shall conduct activities causing extra cleanup or custodial work unless by prior previous agreement provision has been made to pay the actual cost as estimated by the public works director and a deposit equal to such sum has been deposited with the city clerk to pay for such work. (Ord. 1385 §1(part), 2009)
12.24.090 Prohibited acts.
All city ordinances shall apply to and be in full force and effect within the public parks of the city. The following will be prohibited in the Goldendale parks and it is unlawful for any person to commit the following acts:
A. Disturbing the Peace. It shall be illegal for any person to disturb the peace of others in their proper use and enjoyment of the park and park facilities.
B. Posting Signs, Posters and Notices. No person may attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, railing, post or structure within any park. Erection of temporary directional signs, or decorations on occasions of public celebration and picnic may be done, provided the same are removed at the close of the occasion; and provided, that the same may be erected on temporary/portable stands without causing injury to any property. No person may use, place or erect any signboard, sign billboard, bulletin board, post, pole or device of any kind for advertising in any park. Political signs are prohibited in city parks. Signs by sponsors of approved activities are permitted and as provided by an approved application, submitted in accordance with Section 12.24.050.
C. Animals at Large Prohibited. It is unlawful for any person to allow or permit any animals owned by him or within his possession or under his control to run at large. All dogs or other pets or domestic animals must be kept on a leash no greater than eight feet in length and under control at all times while in the city park area. All dog waste/feces shall be deposited in the trash by the pet owners.
D. Disturbance by Animals Prohibited. No person shall allow his dog or other pet or domestic animal to bite or in any way molest or annoy other park visitors. No person shall permit his/her dog or other pet or domestic animal to bark repeatedly or otherwise disturb the peace and tranquility of the park.
E. Buildings and Other Property--Disfigurement and Removal. Willfully mark, deface, disfigure, injure, tamper with, or displace or remove, any buildings, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines, or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.
F. Restrooms and Washrooms. Fail to maintain restrooms and washrooms in a neat and sanitary condition.
G. Removal of Natural Resources. Dig, or remove any beach sand, whether submerged or not, or any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting, or other means or agency.
H. Erection of Structures. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon, or access such lands, except on special written permit issued under this chapter.
I. Trees, Shrubbery and Lawns. Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant; nor shall any person attach any rope, wire, or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass area, or in any other way injure or impair the natural beauty or usefulness of the area.
J. Climbing Trees, Etc. Climb any tree or walk, stand or sit upon monuments, vases, fountains, railings, and fences or upon any other property not designated or customarily used for such purposes.
K. Hitching of Animals. Tie or hitch a horse or other animal to any tree or plant.
L. Wild Animals, Birds, Etc.--Hunting. Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile, or bird, nor shall he remove or have in his possession the young of any wild animal, or the eggs or nest, or young of any reptile or bird.
M. Feeding. Give or offer, or attempt to give, to any animal or bird any tobacco, alcohol or other known noxious substances.
N. No glass beverage containers.
O. No generators.
P. Consumer Fireworks--When Discharge Permitted. No person shall discharge or otherwise use any consumer fireworks, as defined in Chapter 70.77 RCW, within the parks system, except at World War II Park between the hours of one p.m. and eleven fifty-nine p.m. on July 4th. Fireworks discharge is prohibited at any other city-owned park at any time of the year. (Ord. 1414 §1, 2012; Ord. 1385 §1(part), 2009)
12.24.100 Motor vehicles.
A. Parking in Designated Areas Only. No operator of any automobile, trailer, camper, boat trailer, or other vehicle shall park such vehicle in any city park area, except where the operator is using the area for a designated recreational purpose and the vehicle is parked in a designated parking area. No person shall park, leave standing, or abandon a vehicle in any city park area after closing time, except when camping in a designated area, as hereinafter provided, and except for special events granted permission by the city council. Any vehicle found parked in violation of this section may be towed away at the owner’s or operator’s expense.
B. Operation in Designated Areas Only. No person shall operate any motor vehicle on a trail in any city park area unless such trail has been specifically designated and posted for such use. Subject to the provisions of this section, no person shall operate a motor vehicle within the boundaries of a city park area except on roads, streets, highways, parking lots, or parking areas; provided, that traveling upon such roads, streets, highways, parking lots, or parking areas has not been prohibited by proper posting.
C. Speed Limits. No person shall drive a motor vehicle within any city parking area at a speed greater than is reasonable and prudent, having due regard for the traffic on, and the surface and width of, the road and in no event at a speed which endangers the safety of persons, property, or wildlife; provided, however, that in no event shall a vehicle be driving at a speed greater than fifteen miles per hour in camp, picnic, utility, or headquarters areas, or in areas of general public assemblage; and provided further, that in no event shall a vehicle be driven at a speed greater than fifteen miles per hour in any other area. The city council, however, upon finding that the safety of persons and the condition of the road and the traffic thereon so warrants, may establish lower speed limits and shall post the same in the area where so established.
D. Testing Vehicles Prohibited. It is unlawful to operate any motor vehicle or motorcycle for the purpose of testing it, or ascertaining its fitness for service, along or upon any park drive, parkway or park boulevard. (Ord. 1385 §1(part), 2009)
12.24.110 Fishing regulations.
All laws, rules and regulations of the State Game Commission relating to season, limits and methods of fishing are applicable to fishing for game fish in city park areas. No person may fish for, or possess, any fish taken from any area which is posted with a sign prohibiting fishing. (Ord. 1385 §1(part), 2009)
12.24.120 Refuse and litter to be deposited in designated receptacles.
It is unlawful for any person to throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk or advertising matter in any park or to deposit any waste or abandoned material therein except in designated receptacles. Where receptacles are not so provided, all such trash, waste and garbage shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.
No person in a park shall throw, discharge, or otherwise place or cause to be placed in the waters of any stream, or other body of water in or adjacent to any park or any stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of the waters. (Ord. 1385 §1(part), 2009)
12.24.130 Solicitation, peddling, vendors, advertising or use of amplifying devices prohibited.
No persons or vendor shall solicit, sell or peddle any goods, wares, merchandise, liquids or edibles for human consumption, or distribute or post any handbills or circulars or use any loudspeakers or other amplifying device in any city park areas; provided, that nothing contained in this section shall prohibit the city council by resolution from establishing a procedure and rules and regulations permitting sale of goods, wares or merchandise upon first obtaining a permit from the city and the sale of such goods to be consistent with the general intent and use of the parks and park facilities. Groups applying for use permits may request special permission from the council to have a blanket vendor’s permit for their event and the council may grant permission in advance for a one-time vendor permit for the entire event. (Ord. 1385 §1(part), 2009)
12.24.140 Fires prohibited.
No person shall light a fire or burn in the parks except that barbecues will be allowed in approved barbecue pits. Cooking shall be allowed in the picnic areas and in approved barbecues. (Ord. 1385 §1(part), 2009)
12.24.150 Alcoholic beverages prohibited except subject to special events permit.
The opening and/or consumption of alcoholic beverages in a city park area is prohibited, except beer and/or wine may be allowed to be served as part of an organized event pursuant to an approved permit pursuant to Sections 12.24.050 through 12.24.080. Such permit must be approved by the city council and shall include conditions authorizing such alcoholic beverages to be served only by a responsible business or organization within an enclosed area and subject to such additional conditions as may be prescribed by the chief of police, public works director or city council. The permit shall further include a condition requiring compliance with all regulations of the Washington State Liquor Control Board. (Ord. 1457 §2(part), 2015; Ord. 1385 §1(part), 2009)
12.24.160 Camping on public property.
A. Camping. No person shall park or use any vehicle, including trailers, motor homes and campers, except in the designated camping areas at Ekone Park and as provided by an approved application, submitted in accordance with Section 12.24.050. (Ord. 1385 §1(part), 2009)
12.24.170 Fees.
Fees for the exclusive use of Ekone Park will be charged as follows:
|
A. |
North end of park (event area) |
$150.00 |
|
B. |
One sector of the park |
50.00 |
|
C. |
Vendor space w/electricity and water per 24-hour period or portion thereof |
15.00 |
|
D. |
Vendor space w/o services per 24-hour period or portion thereof |
10.00 |
|
E. |
Recreational vehicle space w/electricity and water per 24-hour period or portion thereof |
15.00 |
|
F. |
Recreational vehicle space w/o services per 24-hour period or portion thereof |
10.00 |
|
G. |
Tent camping per 24-hour period or portion thereof |
5.00 |
(Ord. 1385 §1(part), 2009)
12.24.180 Penalties for violation.
Failure to perform any act required, or the performance of any act prohibited by this chapter, is designated as a civil infraction and shall not be classified as a criminal offense. Any person, firm or corporation found to have committed a civil infraction shall be assessed a monetary penalty in accordance with Chapter 1.20.
In addition, every person failing to comply with any provision of this chapter shall be subject to immediate expulsion from city of Goldendale park areas for forty-eight hours. (Ord. 1474 §1, 2017: Ord. 1385 §1(part), 2009)