Chapter 12.05
COUNTY PARK USE
Sections:
12.05.030 Littering prohibited.
12.05.040 Alcoholic beverages.
12.05.050 Firearms and weapons.
12.05.070 Signs, billboards, leaflets, etc.
12.05.080 Obeying posted park signs.
12.05.100 Park operating hours.
12.05.130 Parking of vehicles - Tow away.
12.05.160 Violation - Penalties.
12.05.010 Title.
This chapter is known as the park use chapter of Lewis County. [Ord. 1157, 1998; Ord. 1130 § 1, 1993]
12.05.020 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
(1) “County” means Lewis County government.
(2) “Person” means any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of the state or any local governmental unit however designated.
(3) “Motorized vehicle” means every device capable of being moved by a mechanical device including, but not limited to, automobiles, motorcycles, radio-controlled airplanes and cars.
(4) “Nonmotorized vehicle” means every device capable of transporting an individual that is not powered by a mechanical device including, but not limited to, bicycles, skateboards, and roller skates.
(5) “Alcoholic beverages” includes the four common varieties of liquor, namely alcohol, spirits, wine and beer, and other varieties as defined under “Liquor” in RCW 66.04.010(15).
(6) “Small animals” means dogs, cats and other small, domesticated animals.
(7) “Large animals” means horses, cattle and other large, domesticated animals.
(8) “Park” means Lewis County park.
(9) “Fireworks” means any composition or device in a finished state containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, or classified as common or special fireworks by the United States bureau of explosives or contained in the regulations of the United States department of transportation.
(10) “Firearm” means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.
(11) “Weapon” means any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other object apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.
(12) “Concession” means the selling, offering or renting of a product or service by other than Lewis County. [Ord. 1157, 1998; Ord. 1130 § 2, 1993]
12.05.030 Littering prohibited.
(1) No person shall throw, drop, deposit, discard or otherwise dispose of any waste material in parks except in county-designated waste receptacles.
(2) Said receptacles are to be used only for waste material produced from park use and shall not be used for disposal of waste material accumulated in residences or places of business. [Ord. 1157, 1998; Ord. 1130 § 3, 1993]
12.05.040 Alcoholic beverages.
The consumption of alcohol is not permitted in public areas in accordance with RCW 66.44.100. This element of the chapter will go into effect January 1, 1994. [Ord. 1157, 1998; Ord. 1130 § 4, 1993]
12.05.050 Firearms and weapons.
Possession and use of firearms within parks shall be governed by Chapter 9.41 RCW, as amended from time to time. [Ord. 1212, 2010; Ord. 1157, 1998; Ord. 1130 § 5, 1993]
12.05.060 Hunting of game.
It is unlawful to hunt, trap, harass or injure game in any park. [Ord. 1157, 1998; Ord. 1130 § 6, 1993]
12.05.070 Signs, billboards, leaflets, etc.
Only information approved by the county may be posted or distributed in a park without a permit; except, candidates running for political office may distribute political campaign materials in a park without prior approval. [Ord. 1157, 1998; Ord. 1130 § 7, 1993]
12.05.080 Obeying posted park signs.
It is unlawful for any person to enter upon or use park property in a manner contrary to signs posted by the county. [Ord. 1157, 1998; Ord. 1130 § 8, 1993]
12.05.090 Fireworks.
Persons shall not carry or possess fireworks in a park. [Ord. 1157, 1998; Ord. 1130 § 9, 1993]
12.05.100 Park operating hours.
The operating hours of day-use parks are 8:00 a.m. to dusk seven days a week. Certain parks are only open on a seasonal basis. The specific hours of operation will be posted at the park. [Ord. 1157, 1998; Ord. 1130 § 10, 1993]
12.05.110 Animals.
(1) Small Animals. It is unlawful for any small animal to be allowed to run free in any park. The animal must be leashed at all times and the leash in control of a responsible individual of suitable age, discretion and capability to control the animal. The leash can be no longer than 10 feet. In no event shall any small animal be permitted on any bathing beach or in water adjacent thereto. A “guide dog” or “service dog,” as those terms are utilized in Chapter 70.84 RCW, or a police dog on duty are excepted from these regulations.
(2) Large Animals. It is unlawful to have any large animal outside of the designated parking area. Within the parking area, an animal must be leashed and under constant control of a responsible individual of suitable age, discretion and capability to control the animal. The leash can be no longer than 10 feet.
(3) Removal of Animal Waste Products. It is the responsibility of the individual controlling the animal to immediately and properly dispose of any animal solid waste product. Individuals requiring the services of a “guide dog” or “service dog,” as those terms are utilized in Chapter 70.84 RCW, are excepted from these regulations.
(4) Release of Animals, Fish or Fowl. It is unlawful to release any animal, fish or fowl, whether domestic, wild or exotic, in a park. The sole exception would be game fish released by the Washington State Department of Wildlife or the Washington State Department of Fisheries. [Ord. 1157, 1998; Ord. 1130 § 11, 1993]
12.05.120 Speed limits.
It is unlawful for any person to operate a motorized or nonmotorized vehicle at a speed in excess of 10 miles per hour on any roadway or parking lot within park boundaries, except when other speed limit is posted. [Ord. 1157, 1998; Ord. 1130 § 12, 1993]
12.05.130 Parking of vehicles - tow away.
(1) It is unlawful for any person to park or leave a vehicle in a manner prohibited by posted signs or that impedes traffic at a park, or to leave a vehicle in the park after closure time.
(2) All vehicles parked in violation of posted signs or park rules or policies are subject to impoundment at the sole expense of the owner of said vehicle. [Ord. 1157, 1998; Ord. 1130 § 13, 1993]
12.05.140 Vehicles.
(1) Motorized Vehicles. It is unlawful to have any motorized vehicle in any area of the park except the designated parking areas and roadways.
(2) Nonmotorized Vehicles. It is unlawful to operate or ride any nonmotorized vehicle in any area of the park except the designated vehicle parking areas and roadway. [Ord. 1157, 1998; Ord. 1130 § 14, 1993]
12.05.150 Concessions.
(1) The sale, offering or rental of any product or service within a park service by other than Lewis County is subject to the county’s competitive bidding process.
(2) Any person desiring to engage in concessions within a park must contact the county with such request. [Ord. 1157, 1998; Ord. 1130 § 15, 1993]
12.05.160 Violation - Penalties.
(1) Violations of LCC 10.25.030, LCC 12.05.030, 12.05.050 and 12.05.060 shall be subject to the penalties in LCC 1.20.020 and LCC 1.20.040.
(2) Violations of the sections not included in subsection (1) of this section are punishable by civil fine of $50.00 payable to Lewis County and imposed consistent with the provisions of LCC 1.20.040. [Ord. 1180 §15, 2002; Ord. 1157, 1998; Ord. 1130 § 16, 1993]
12.05.170 Permits.
Permits for special events in park and recreation areas shall be obtained by application to the county in accordance with the following procedure:
(1) A person seeking issuance of a permit hereunder shall file an application stating:
(a) The name and address of the applicant;
(b) The name and address of the person, persons, corporation or association sponsoring the activity, if any;
(c) The day and hours for which the permit is desired;
(d) The park or portion thereof for which the permit is desired;
(e) Any other information reasonably necessary to a determination as to whether a permit should be issued hereunder;
(f) Variances required from park rules and regulations.
(2) Standards for issuance of a use permit shall include the following findings:
(a) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public’s enjoyment of the park;
(b) That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;
(c) That the proposed activity or uses that are reasonably anticipated will not include violence, crime or disorderly conduct;
(d) That the proposed activity will not entail extraordinary or burdensome expense on county sheriff operation; and
(e) That the facilities desired have not been reserved for other use on the date and hour requested in the application.
(3) Appeal.
(a) Within 10 days after the receipt of an application, the county shall notify an applicant in writing of its decision to grant or deny a permit; in the event of a denial the notification shall include the reason for the denial. Any aggrieved person shall have the right to appeal such decision to the county.
(b) The appeal shall be held before the Lewis County Hearing Examiner under Chapter 2.25 LCC; EXCEPT, that the Hearing Examiner shall be permitted to conduct an open record proceeding, and receive additional testimony and evidence from the parties thereto. Such person shall file a Petition for such a hearing and pay the appellate fee in accordance with the Examiner chapter within ten days of entry of the decision.
(c) At the conclusion of the hearing, the Examiner shall determine whether the decision was proper and provide both parties with a copy of its determination, setting forth in writing the reasons for the determination reached. The Examiner may reverse or uphold the decision in whole, or may uphold in part and reverse or modify the decision in part.
(d) If the decision is upheld, then any such costs and the expenses of the hearing shall be assessed against the appellant. If any portion of the decision is reversed or modified, then the appellant shall bear no further costs and expenses.
(4) A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits.
(5) An applicant for a permit may be required to submit evidence of liability insurance covering injuries to members of the general public arising out of such permitted activities in such amounts as may be from time to time determined prior to the commencement of any activity or issuance of any permit.
(6) Revocation. The county shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown. Such revocation may be appealed in accordance with the procedure set forth in subsection (3), above. [Ord. 1157, 1998; Ord. 1130 § 17, 1993]