Chapter 9.28
PARK CODE
Sections:
9.28.010 Short title.
9.28.020 Exercise of police power.
9.28.030 Definitions.
9.28.035 Hours.
9.28.040 Erection of signs or structures.
9.28.050 Defacing park property.
9.28.060 Animals running at large.
9.28.065 Off-leash area for dogs.
9.28.070 Firearms – Fireworks – Weapons.
9.28.080 Annoying or feeding animals.
9.28.090 Sale of refreshments or merchandise – Distribution of literature.
9.28.100 Solicitors – Loudspeakers.
9.28.110 Use of watercraft.
9.28.120 Vehicle use restrictions.
9.28.125 Horse use restrictions.
9.28.130 Public assembly.
9.28.135 Park reservations.
9.28.140 Camping.
9.28.150 Public facilities, water and other utilities.
9.28.160 Sports – Location restriction.
9.28.165 Athletic field usage.
9.28.170 Litter.
9.28.180 Testing of motor vehicles.
9.28.190 Speed or endurance competitions prohibited.
9.28.200 Fires.
9.28.210 Sale and use of intoxicating liquor prohibited.
9.28.220 Swimming restrictions.
9.28.225 Trespass in parks – Punishment.
9.28.230 Compliance with park rules and regulations.
9.28.240 Enforcement.
9.28.250 Reward for information.
9.28.255 Park exclusion.
9.28.260 Violation – Penalty.
9.28.010 Short title.
This chapter shall constitute the “park code of the city of Monroe” and may be cited as such. (Ord. 942, 1990)
9.28.020 Exercise of police power.
This chapter is an exercise of the police power of the state of Washington and the city of Monroe for the public peace, health, safety and welfare and this provision shall be liberally construed. (Ord. 942, 1990)
9.28.030 Definitions.
The terms herein used, unless clearly contrary to or inconsistent with the context in which used, shall be considered as follows:
A. “Nonprofit organization” means an organization, corporation, or association organized and operated for the advancement, appreciation, public exhibition or performance, preservation, study and/or teaching of the performing arts, visual arts, history, science, or a public charity providing social or human services or public education and which is currently recognized by the United States of America as exempt from federal income taxation pursuant to Section 501(c)(1) or (3) of the Internal Revenue Code, as now existing or hereafter amended, and registered under Chapter 24.03 RCW.
B. “Organized athletic field use” means all games or practices of baseball, softball, soccer, football or any other type of sport activity involving participants of any league, organization, club or group whose purpose is to provide interaction between two or more teams in a competitive format. “Organized athletic field use” is further determined by the use of officials, uniforms and/or a regular pattern of field use.
C. “Park” means and includes all city parks, trail systems, athletic fields, public squares, public drives, parkways, boulevards, parks and museums, zoos, bathing beaches, and play and recreation grounds under the jurisdiction of the city council.
D. “Park use agreement” means any application or agreement to reserve or use any park or park facility. (Ord. 007/2004)
9.28.035 Hours.
Unless otherwise posted, city parks are open to the public from dawn to dusk and closed to public use from dusk to dawn. (Ord. 007/2004)
9.28.040 Erection of signs or structures.
It is unlawful to use, place or erect any sign board, sign, billboard, bulletin board, post, pole or device of any kind for advertising in any park; or to attach any notice, bill, poster, sign, wire, rod or card to any tree, shrub, railing, post or structure within any park; or to place or erect in any park a structure of any kind, unless authorized by the Monroe city council. (Ord. 942, 1990)
9.28.050 Defacing park property.
It is unlawful to cut and/or remove wood, to remove, destroy, mutilate or deface any structure, public facilities, statue, vase, fountain, wall, fence, railing, vehicle, bench, shrub, tree, flower beds, park furniture, fern, plant, flower, flower containers, lighting system, or sprinkling system or other municipal property, and/or public improvements lawfully in any park. (Ord. 942, 1990)
9.28.060 Animals running at large.
It shall be unlawful for any person to:
A. Allow or permit any domestic animal to run at large in any park or enter any lake, pond, fountain, or stream therein, except as permitted under MMC 9.28.065.
B. Fail to remove fecal matter deposited by his animal in public parks, on public property, or on public easement.
C. Fail to have in his possession equipment required to remove animal feces when accompanied by an animal on public property or public easement.
D. Allow any domestic animal including dogs and cats under their control whether on a leash or not to be within any athletic field boundary, any beach area, or other playground area where playground equipment is located. (Ord. 025/2007 § 1; Ord. 1140, 1998; Ord. 1082, 1996; Ord. 995, 1992; Ord. 942, 1990)
9.28.065 Off-leash area for dogs.
A. The Monroe parks director shall have the authority to designate areas at city parks as off-leash areas for dogs to run at large.
B. The Monroe parks director shall have the authority to establish such rules and regulations as reasonably necessary for the operation of such designated off-leash areas.
C. Owners or persons having charge, care, custody or control of dogs in designated off-leash areas must be present at all times within vocal control distance of their dogs, and ensure that their dogs do not cause public nuisance, safety hazard or harass people, other dogs or wildlife.
D. Except as specifically provided in this section, all other applicable provisions of Chapter 9.28 MMC shall also apply in designated off-leash areas. (Ord. 025/2007 § 2)
9.28.070 Firearms – Fireworks – Weapons.
It is unlawful to shoot, fire, or explode any firearm, firework, firecracker, torpedo, model rocket, model motorized aircraft or explosive of any kind or to shoot or fire any air gun, bow and arrow, B.B. gun, or use any slingshot in any park, except as authorized pursuant to Chapter 5.28 or 9.18 MMC. (Ord. 003/2009 § 1; Ord. 007/2004)
9.28.080 Annoying or feeding animals.
It is unlawful to tease, annoy, disturb, molest, catch, hunt, trap, injure or kill any animal, bird, fowl or fish unless said activity is on behalf of the city by a representative or agent of the city to remove or control a nuisance or hazardous situation. This provision shall not prevent fishing except in areas so designated by the city council. It shall be unlawful to feed ducks, geese or other waterfowl in any public park and/or beach area. (Ord. 1140, 1998; Ord. 942, 1990)
9.28.090 Sale of refreshments or merchandise – Distribution of literature.
A. It is unlawful to sell refreshments or merchandise in any park except pursuant to a valid concession contract with the city, a special event or a park use agreement.
B. It is unlawful to distribute literature in any park except when authorized by a special event permit pursuant to Chapter 5.28 MMC or a park use agreement. (Ord. 007/2004)
9.28.100 Solicitors – Loudspeakers.
It is unlawful to take up collections; or to act as or ply the vocation of solicitor, agent, peddler or fakir, mendicant, beggar, strolling musician, organ grinder, exhorter, barker, showman, or bootblack; or to operate or use any loudspeaker, without written permission from the city council. (Ord. 942, 1990)
9.28.110 Use of watercraft.
The city council shall have the right to designate areas where it shall be lawful to operate any boat, float, raft or other watercraft in or upon any bank, lake, slough, river or creek within the limits of any park. No gas-powered motors of any size and no electric motors in excess of one and three-quarters horsepower, including model boats, shall be allowed on Lake Tye, unless otherwise approved by special event permit. Launching of boats of any type from beach area in Lake Tye is prohibited. For Lake Tye, boats shall be launched within the designated boat launch area. (Ord. 1140, 1998; Ord. 942, 1990)
9.28.120 Vehicle use restrictions.
It is unlawful to ride or drive any bicycle, tricycle, motorcycle, or motor vehicle over or through any park except along and upon the park driveways, parkways, boulevards, or at a speed in excess of ten miles per hour or to stand or park any vehicle except in areas designated by the city council and so designated by signs. In particular it shall be unlawful for anyone to drive off of roads or vehicle rights-of-way, and motorcycles and four-wheel drive vehicles shall not be authorized to use any park paths or other roads other than roadways for ingress or egress to and from a park unless there is a designation that such other roads may be used by off-road vehicles and are so designated by signs. (Ord. 1082, 1996; Ord. 942, 1990)
9.28.125 Horse use restrictions.
It is unlawful to ride a horse or pony over or through any city park or other recreational facility except along and upon the park driveways, parkways, boulevards or on bridle trails and paths designated by appropriate signage, or as permitted by special event permit issued pursuant to Chapter 5.28 MMC. It is unlawful to permit a horse or pony to enter any stream, river, or lake while on public property unless signed otherwise. (Ord. 007/2004; Ord. 1082, 1996)
9.28.130 Public assembly.
It is unlawful to hold or participate in any assembly of any nature of more than the number of people listed below without first obtaining a special event permit from the city:
|
100 |
Regional parks (Lake Tye Park, Sky River Park, and any future parks designated as regional) |
|
50 |
Lewis Street Park and Al Borlin Park |
|
30 |
Neighborhood parks and Travelers’ Park |
(Ord. 1197, 2000)
9.28.135 Park reservations.
A. Park Reservations. A park facilities reservation program is established. The Monroe parks department shall have the responsibility and authority to create and administer a system for members of the public to reserve or use park facilities for events where the attendance is expected to be less than the thresholds set in MMC 9.28.130.
B. Applicants. Applicants for reservation or use of park facilities shall sign a park use agreement and agree to defend, indemnify and hold the city, its officers, employees and agents harmless from all causes of action, claims or liabilities arising in whole or in part out of the applicants’ use of park facilities.
C. Fees. Any fees associated with the park reservation program or use of park facilities shall be as set by periodic resolution of the Monroe city council.
D. Waiver of Fees. Park reservation or user fees may be waived with regard to the use of park shelters, upon written request; provided, that all of the following conditions are met:
1. The activities are conducted by a nonprofit organization;
2. The activities are open to the public without discrimination;
3. The activities will benefit the public health, safety or welfare; and
4. There is no charge for admission, participation, or a vendor fee (except for pledges for events such as a walk-a-thon).
Park reservation or user fees may be waived with regard to the use of picnic shelters when provided for under the terms of an interlocal agreement.
Park reservation or user fees may not be waived for the reservation or use of athletic fields, except when provided for under the terms of an interlocal agreement.
E. Appeal Procedure.
1. An applicant for a park reservation or park use agreement shall have the right to appeal the denial of a park reservation or park use agreement or the denial of waiver of fees. An applicant appealing such denial shall file with the city clerk a written notice of appeal within five days after the mailing or personal delivery of a notice of denial of reservation or use agreement, or denial of waiver of fees. This notice of appeal shall state the grounds for the appeal.
2. Upon the receipt of such notice, the applicant shall be afforded a hearing before the mayor or the mayor’s designee. Notice of the time and date of the appeal hearing shall be given by delivering a copy of the notice to the applicant or by mailing a copy thereof to the applicant at the applicant’s last known address, which notice shall be mailed or delivered at least five business days before the date fixed for the hearing. The mayor or the mayor’s designee shall, within five business days after the conclusion of the hearing, issue a decision as to the denial. The decision of the mayor or the mayor’s designee shall be final and conclusive as of the date set forth in the decision, unless within five business days from the effective date of the mayor’s order, the applicant submits a written request for a hearing before the city council. Such request shall be filed with the city administration not later than noon on the Thursday prior to the regular council meeting. The decision of the city council shall be final. (Ord. 007/2004)
9.28.140 Camping.
A. It is unlawful to camp in any park except:
1. Camping in self-contained recreational vehicles at Lake Tye Park and Sky River Park may be allowed in conjunction with a special event permit issued pursuant to Chapter 5.28 MMC or as provided by the current city of Monroe athletic field priorities, policies and procedures; or
2. Camping for up to two consecutive nights may be allowed in conjunction with special events through a special event permit issued pursuant to Chapter 5.28 MMC and approved by the city council.
B. Any fees associated with this section shall be as set by periodic resolution of the Monroe city council. (Ord. 012/2006 § 1; Ord. 007/2004)
9.28.150 Public facilities, water and other utilities.
It shall be unlawful to do the following:
A. Use any park facility unless such is designated for public use and a sign so indicates or prior approval has been obtained from the city council.
B. Use any park facility or other utility unless such is designated for public use or city council approval for use has been obtained in advance and then such use shall be limited to the extent of approval.
C. Remove water from any parks for personal, residential, commercial, or other use not incident to utilization and enjoyment of the park. Water may be used for city-authorized park maintenance and municipal purposes by city-authorized personnel. (Ord. 942, 1990)
9.28.160 Sports – Location restriction.
It is unlawful to practice or play golf, baseball, cricket, lacrosse, polo, archery, hockey, tennis, badminton, or other games of like character or to hurl or propel any airborne or other missile except at places set aside for such purposes by the city council. (Ord. 942, 1990)
9.28.165 Athletic field usage.
It is unlawful to use any park for organized athletic field use without first obtaining authorization from the Monroe parks department. Users of park facilities for organized athletic field use must comply with the current city of Monroe athletic field priorities, policies and procedures, sign a park use agreement and agree to defend, indemnify and hold the city, its officers, employees and agents harmless from all causes of action, claims or liabilities arising in whole or in part out of the use of park facilities, and meet the liability insurance requirements specified in Chapter 5.28 MMC. (Ord. 007/2004)
9.28.170 Litter.
It is unlawful to throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk or advertising matter in any park or to deposit any such material therein, except in designated receptacles. (Ord. 942, 1990)
9.28.180 Testing of motor vehicles.
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, boulevard, or other park property. (Ord. 942, 1990)
9.28.190 Speed or endurance competitions prohibited.
It is unlawful to engage in, conduct or hold any trials or competition for speed, endurance, or hill climbing involving any vehicle, boat, aircraft or animal in any park, unless otherwise approved by a special event permit issued pursuant to Chapter 5.28 MMC. (Ord. 007/2004)
9.28.200 Fires.
It is unlawful to build any fires in any park except in areas designated by the city council. (Ord. 942, 1990)
9.28.210 Sale and use of intoxicating liquor prohibited.
No concession or privilege shall be granted for the sale or dispensing of any intoxicating liquors on any city park property. It is unlawful for any person to consume any intoxicating liquors on any city park property. (Ord. 942, 1990)
9.28.220 Swimming restrictions.
It shall not be unlawful to swim within the limits of any lake, river, stream or pond within any park in the city unless otherwise posted, and any person swimming therein does so at their own risk and with the knowledge that there is no lifeguard on duty unless otherwise posted. (Ord. 1140, 1998)
9.28.225 Trespass in parks – Punishment.
A. Any person who knowingly (1) enters or remains in a park from which he or she has been excluded during the period covered by an exclusion notice pursuant to MMC 9.28.255; (2) enters, remains in, or is otherwise present within the premises of a park during hours which the park or portion of the park is not open to the public, unless the person is present within the park to participate in an activity either conducted by the parks and recreation department or conducted pursuant to the terms of a permit issued by the parks and recreation department or by special event permit issued pursuant to Chapter 5.28 MMC; or (3) enters or remains in any area of a park which has been designated and posted by the parks manager as a closed area, using such postings as “no admittance” or “closed to use” or “no trespassing” shall be guilty of trespass in parks, a gross misdemeanor, and may be punished by a fine not to exceed five thousand dollars or imprisonment in jail not to exceed one year, or by both such imprisonment and fine.
B. The provisions of this section do not apply to any duly authorized department of parks and recreation or other city employee in the performance of his or her duties, or other person authorized by law.
C. It is not a defense to the crime of trespass in parks:
1. That the underlying exclusion issued pursuant to this chapter is on appeal when the excluded person is apprehended, charged, or tried under this section; nor
2. That the excluded person entered or remained in the park pursuant to a permit that was issued in the name of another person either before or after the date of the exclusion notice. (Ord. 007/2004)
9.28.230 Compliance with park rules and regulations.
It is unlawful to violate or fail to comply with any park rule or regulation duly adopted and posted by the city council. (Ord. 942, 1990)
9.28.240 Enforcement.
City law enforcement personnel and any other authorized city park official shall be authorized and directed to enforce all the provisions of this code and for such purpose shall have normal powers of police officers and in accordance with the procedures and with the approval of the city police chief. The city council may appoint such number of assistants and other employees as shall be authorized from time to time and may authorize the chief of police to deputize such persons as may be necessary to carry out the functions of the park code. (Ord. 942, 1990)
9.28.250 Reward for information.
The city council may offer, post and pay a suitable reward for information leading to the arrest and conviction of anyone violating the rules and provisions of this chapter. (Ord. 942, 1990)
9.28.255 Park exclusion.
A. The parks manager and his/her designees shall be empowered to exercise the authority of peace officers to the extent necessary to enforce this section.
B. The parks manager or his/her designees may, by delivering an exclusion notice in person to the offender, or by first class mail and certified mail to the offender at the offender’s last known address, exclude from a city park anyone who within a city park:
1. Violates any provision of this chapter; or
2. Violates any park rule; or
3. Violates any provision of this code or the Revised Code of Washington.
The offender need not be charged, tried, or convicted of any crime or infraction in order for an exclusion notice to be issued or be effective. The exclusion may be based upon observation by the parks manager or his/her designee or upon civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause.
C. If the offender:
1. 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 weapon violation, then the parks manager or his/her designee may exclude the offender from the city park in which the current violation occurred for a period not exceeding seven days from the date of the exclusion notice.
2. Has been the subject of only one prior exclusion notice issued within one year prior to the current violation and neither the current nor the past violation was a weapon violation, then the parks manager or his/her designee may exclude the offender from any or all city parks for a period of ninety days from the date of the exclusion notice.
3. Has been the subject of two or more prior exclusion notices issued within one year prior to the current violation, or if the current violation is a weapon violation, then the parks manager or his/her designee may exclude the offender from any or all city parks for a period of one year from the date of the exclusion notice.
D. 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.
E. Only the parks manager or his/her designee after a hearing may rescind, shorten or modify an exclusion notice for a period not exceeding seven days.
F. An offender receiving an exclusion notice longer than seven days may seek a hearing to have the exclusion notice rescinded, the period of exclusion shortened, or the areas of exclusion reduced. The hearing examiner shall be the city of Monroe police chief, unless the mayor designates another as the hearing examiner. The request for a hearing shall be delivered to the parks manager or postmarked no later than seven days after the issuance date of the exclusion notice. The request for hearing shall be in writing and shall be accompanied by a copy of the exclusion notice on which the hearing is sought. Such requests shall be forwarded by the parks manager or his/her designee to the hearing examiner. The hearing should occur within seven days after the parks manager receives the request for hearing. Hearings will be conducted by written request only.
G. At the hearing, the violation must be proved by a preponderance of the evidence in order to uphold the exclusion notice. If the exclusion 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 exclusion notice establishes a prima facie case that the offender committed the violation as described. The hearing examiner shall consider a sworn report or a declaration made under penalty of perjury, written by the individual who issued the exclusion notice, without further evidentiary foundation. The certifications authorized in Rule 6.13 of the Criminal Rules for Courts of Limited Jurisdiction shall be considered without further evidentiary foundation. The hearing examiner may consider information that would not be admissible under the evidence rules in a court of law but which the hearing examiner considers relevant and trustworthy.
H. If the violation is proved, the exclusion notice shall be upheld; but upon good cause shown, the hearing examiner may shorten the duration of the exclusion or reduce the areas covered by the exclusion. If the violation is not proved by a preponderance of the evidence, the hearing examiner shall rescind the exclusion. If the hearing examiner rescinds an exclusion, the exclusion shall not be considered a prior exclusion for purposes of subsection (C) of this section.
I. The decision of the hearing examiner is final. An offender seeking judicial review of hearing examiner’s decision must file an application for a writ of review in the Snohomish County superior court within fifteen days of the date of that decision.
J. The exclusion shall remain in effect during the pendency of any administrative or judicial proceeding.
K. No determination of facts made by a person conducting a hearing under this section shall have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of those same facts in a subsequent criminal prosecution or civil proceeding.
L. This section shall be enforced so as to emphasize voluntary compliance with laws and park rules, and so that inadvertent minor violations that would fall under subsection (C)(1) of this section can be corrected without resort to an exclusion notice. (Ord. 007/2004)
9.28.260 Violation – Penalty.
A. Anyone concerned in the violation of this chapter, whether directly committing the act or omitting to do the thing constituting the offense, or who aids or abets the same, and whether present or absent, and anyone who directly or indirectly counsels, encourages, hires, or commands, is and shall be a principal under the terms of this chapter and shall be proceeded against and prosecuted as such.
B. Violation of or failure to comply with the provisions of this chapter shall subject the offender to a fine of not more than one thousand dollars and/or a jail sentence not exceeding ninety days. (Ord. 942, 1990)