Chapter 7.90
PARKS AND FACILITIES RULES
Sections:
Article I. General
Article II. Administration
7.90.030 Administrative rules – Hours and conditions of operation.
7.90.040 Permits for community groups.
7.90.050 Special event permits.
7.90.060 Religious services or group events.
7.90.070 Use of facilities – Building use hours.
7.90.110 Adults to accompany minors.
7.90.120 Storage of equipment – Liability of the city.
7.90.130 Equipment regulations – Failure to perform.
7.90.140 Facility use – Sale of goods or services.
Article III. Rules Governing Use of Facilities – Infractions
7.90.150 Camping occupancy policy.
7.90.170 Food waste, washing of clothes or animals.
7.90.180 Parking lots and roadways – Games prohibited.
7.90.190 Motor vehicles – Parking.
7.90.200 Motor vehicles on roads and trails.
7.90.210 Motor vehicles – Speed limits.
7.90.230 Motor vehicles – Trucks and commercial vehicles.
7.90.250 Tents and shelters on beaches.
7.90.280 Shellfish and food fish.
7.90.290 Pets in city park facilities.
7.90.300 Disturbances by animals prohibited.
7.90.330 Presence in parks during hours the park is closed.
7.90.335 Tobacco use and possession.
Article IV. Rules Governing Use of Facilities – Misdemeanors
7.90.350 Disorderly conduct and profanity prohibited.
7.90.360 Mechanical trapping devices – Capturing or injuring animals.
7.90.370 False alarm of drowning prohibited.
7.90.400 Outside household or commercial waste.
7.90.420 Dumping in water prohibited.
7.90.510 Interference with trails.
Article V. Penalties
7.90.540 Administrative sanctions.
Article VI. Park Safety – Enforcement
7.90.570 Enforcement methods – Commissions.
Article VII. Miscellaneous Provisions
7.90.590 Lease for recreation use.
Article I. General
7.90.010 Definitions.
Whenever used in these rules the following terms shall be defined as herein indicated:
(1) “Aircraft” means any machine or device designated to travel through the air including but not limited to: airplanes, helicopters and balloons;
(2) “Alcoholic beverages” or “liquor” includes the four varieties of liquor defined as alcohol, spirits, wine and beer, all fermented, spirituous, vinous, or malt liquor, and all other intoxicating beverages, and substances capable of human consumption, and every liquor, solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer. Any liquor, semisolid, solid or other substance which contains more than one percent alcohol by weight shall be conclusively deemed to be intoxicating;
(3) “Associated marine area” means any water area within 100 feet of any city park area or marine facility such as a dock, pier, float, buoy, log boom, or other object which is part of a city park area; provided, that such area does not include private property;
(4) “Camper” means a motorized vehicle containing sleeping and/or housekeeping accommodations, and shall include a pickup truck with camper, a van-type body, a converted bus, or any similar type vehicle;
(5) “Camping” means erecting a tent or shelter or arranging bedding 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;
(6) “Campsite” means designated camping sites which are designated for the use of tent campers, and which have no water and/or electrical facilities available for hookup to a trailer or a camper;
(7) “City” means the city of Normandy Park;
(8) “City park area” means any area under the ownership, management, or control of the parks division;
(9) “Department of public safety” shall refer to the city police department or designee;
(10) “Discrimination” means any action or failure to act, whether by single act or part of a practice, the effect of which is to adversely affect or differentiate between or among individuals or groups of individuals because of race, color, religion, national origin, age, sex, marital status, parental status, sexual orientation, the presence of any sensory, mental or physical handicap, or the use of a trained dog guide by a blind or deaf person;
(11) “Division” or “natural resources and parks division” means the office of the city manager;
(12) “Facility” or “facilities” means any building, structure, or park area operated by the office of the city manager;
(13) “Loitering” means to wait or prowl in a place, at a time, or in a manner, and under circumstances that manifest an unlawful purpose or warrant alarm for the safety of persons or property in the vicinity. Circumstances which may be considered in determining whether such unlawful purpose is manifested or such alarm is warranted include, but are not limited to, the following: flight by the actor upon appearance of a law enforcement officer, refusal to identify himself, or manifestly endeavoring to conceal himself or any object;
(14) “Parks and recreation manager” means a duly appointed employee of the office of the city manager;
(15) “Manager” means office of the city manager, or a duly appointed employee of the office of the city manager;
(16) “Motor vehicle” means any 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 four-wheel drive vehicles, and snowmobiles, whether or not they can legally be operated upon the public highways;
(17) “Person” means all natural persons, groups, firms, partnerships, corporations, clubs, and all associations or combinations of persons whenever acting for themselves or an agent, servant, or employee;
(18) “Rocket” means any device containing a combustible substance which when ignited propels the device forward;
(19) “Tobacco product” means any product containing tobacco in any form;
(20) “Trail” means any path, track, or right-of-way designed for use by pedestrians, bicycles, equestrians, or other nonmotorized modes of transportation;
(21) “Trailer” means a towed vehicle which contains sleeping or housekeeping accommodations;
(22) “Trailer site” means a designated camping site which has water and/or electrical facilities available for hookup, and which is designed for the use of persons with trailers or campers;
(23) “Unapproved nicotine delivery product” means any product containing or delivering nicotine intended or expected for human consumption that has not been approved or otherwise certified for sale by the United States Food and Drug Administration (FDA) as a tobacco use cessation product. (Ord. 904 § 1, 2013; Ord. 801 § 1 (Exh. A § 1.00), 2007).
7.90.020 Program – Purpose.
The playgrounds, activity centers, and other facilities of the city are established by law for public recreation purposes. The public recreation programs consist primarily of activities planned and directed by the city, and secondarily of recreation activities of community groups brought under control of the city when authorized by and conducted under a permit issued by the city. (Ord. 801 § 1 (Exh. A § 2.00), 2007).
Article II. Administration
7.90.030 Administrative rules – Hours and conditions of operation.
The city manager or the manager’s designee may clarify, interpret, or apply rules and regulations consistent with this chapter in order to manage and control the park and recreation system of the city. Parks are open to the public daily as posted at each park. Parks are closed to the public daily as posted at each park. The city manager may make and enforce special park closure hours for specific parks or areas within parks if the city manager determines that such special park closure hours are necessary or appropriate to protect public property or public safety, to prevent nuisances, or to prevent breaches of the peace. The city manager may immediately close any park or area within a park at any time for emergencies, temporary cleaning and repair, public safety, or any other similar reason. (Ord. 801 § 1 (Exh. A § 3.00), 2007).
7.90.040 Permits for community groups.
The office of the city manager may grant permits to community groups to meet or conduct activities in the city’s buildings or in other facilities without charge if all of the following conditions are satisfied:
(1) The buildings or facilities are not otherwise required by the office of the city manager; and
(2) The activities are:
(a) Conducted in accordance with the office of the city manager’s standards;
(b) Held without admission charge;
(c) Not conducted for financial gain;
(d) Open to the general public without discrimination;
(e) Scheduled during hours when the facility is regularly open;
(f) Preference will be given to groups and individuals from the city of Normandy Park.
Facilities cannot be reserved more than 90 days in advance unless otherwise authorized by the office of the city manager. All such permits must be approved by the office of the city manager.
Comment: Exclusive use permits for parks may be granted by the office of the city manager, but only for a designated area, not the entire park. (Ord. 801 § 1 (Exh. A § 4.00), 2007).
7.90.050 Special event permits.
Groups which do not meet all of the requirements set forth in NPMC 7.90.040 may be granted special event permits by the office of the city manager, but will be charged a fee in the amount established by the city fee schedule. Special event permits will be issued in accordance with Chapter 4.12 NPMC. Permission for use of loudspeakers by groups must be obtained in advance. (Ord. 801 § 1 (Exh. A § 5.00), 2007).
7.90.060 Religious services or group events.
Religious services or group events may be permitted in city park areas where facilities are adequate, and where such activities will not conflict in any way with normal park usage. To avoid conflict, permission for such activities must be obtained in advance from the office of the city manager. Permission for use of loudspeakers by groups must be obtained in advance. (Ord. 820 § 1, 2008; Ord. 801 § 1 (Exh. A § 6.00), 2007).
7.90.070 Use of facilities – Building use hours.
Activities for groups using the facilities shall be restricted to the hours of 6:00 a.m. to 10:00 p.m. unless otherwise approved in the use permit. (Ord. 801 § 1 (Exh. A § 7.00), 2007).
7.90.080 Cleanup.
All persons must leave facilities in a condition considered satisfactory to the office of the city manager employee. No person shall conduct activities causing extra custodial work unless previous agreement has been made to pay for such work and this is so stated in the use permit. (Ord. 801 § 1 (Exh. A § 8.00), 2007).
7.90.090 Liability.
Persons using facilities by permit will be required to protect, save and hold the city and 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 a person or group’s members or employees or third parties on account of any action including but not limited to personal injuries, death or damage to property arising out of the use of premises, or in any way arising out of the acts or omissions of the person, group and/or its agents, employees or representatives. (Ord. 801 § 1 (Exh. A § 9.00), 2007).
7.90.100 Liability insurance.
During all periods of use, persons using facilities by permit shall obtain and maintain public liability insurance acceptable to the city and/or other insurance necessary to protect the public and the city on premises to be used. Persons shall provide a certificate of insurance, or, upon written request of the city, a duplicate of the policy, as evidence of the insurance protection provided. This insurance shall not be canceled or reduced without prior written notice to the city at least 30 days in advance of the cancellation. (Ord. 801 § 1 (Exh. A § 10.00), 2007).
7.90.110 Adults to accompany minors.
Adults must be present and responsible at all assemblies of minors throughout the entire function. (Ord. 801 § 1 (Exh. A § 11.00), 2007).
7.90.120 Storage of equipment – Liability of the city.
Persons using facilities should not expect storage space for equipment necessary for their programs. If temporary storage is provided, the city shall not be held responsible for loss or damage. City equipment shall not be loaned to any person, group or nongovernmental organization without prior authorization from the city manager. (Ord. 801 § 1 (Exh. A § 12.00), 2007).
7.90.130 Equipment regulations – Failure to perform.
The misuse of a park facility or the failure to conform with these regulations, the instructions of office of the city manager employees, or the conditions of a permit will be sufficient reason for denying any future permits. (Ord. 801 § 1 (Exh. A § 13.00), 2007).
7.90.140 Facility use – Sale of goods or services.
The use of park facilities for financial gain shall be allowed only through concession contracts secured by the city’s competitive bid process, negotiated concession contracts, facility use contract or by special event permit issued by the office of the city manager. (Ord. 801 § 1 (Exh. A § 14.00), 2007).
Article III. Rules Governing Use of Facilities – Infractions
7.90.150 Camping occupancy policy.
There shall be no camping in any city facilities. (Ord. 820 § 2, 2008; Ord. 801 § 1 (Exh. A § 15.00), 2007).
7.90.155 Fires.
No person shall ignite or maintain any fire or participate in igniting, maintaining or using any fire, including wood, gas or briquette devices, within a park except in a designated picnic area barbecue unit or fire pit. (Ord. 820 § 3, 2008).
7.90.160 Picnicking.
Picnicking is not permitted on playfields or other areas designated and marked prohibiting picnicking areas, or in such other places within a city park area as may from time to time be designated by the office of the city manager. (Ord. 801 § 1 (Exh. A § 16.00), 2007).
7.90.170 Food waste, washing of clothes or animals.
No person shall clean fish or other food, or wash any clothing or other articles for personal or household use, or any dog or other animal, except at designated areas in any city park area. (Ord. 801 § 1 (Exh. A § 17.00), 2007).
7.90.180 Parking lots and roadways – Games prohibited.
Games of any kind are prohibited in parking lots and roadways of all city facilities and park areas. (Ord. 801 § 1 (Exh. A § 18.00), 2007).
7.90.190 Motor vehicles – Parking.
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 the designated recreational purpose and the vehicle is parked either in the designated parking area, or in another area with the permission of the office of the city manager. No person shall park, leave standing, or abandon a vehicle in any city park area after closing time, except persons using park facilities as part of an event authorized by the office of the city manager. In addition to the penalties found in Article V of this chapter, any vehicle found parked in violation of the city of Normandy Park may be towed away at the owner’s expense. (Ord. 801 § 1 (Exh. A § 19.00), 2007).
7.90.200 Motor vehicles on roads and trails.
No person shall operate any motor vehicle on any city trail unless such trail has been specifically designated and posted for such use. No person shall operate a motor vehicle within the boundaries of a city park area except on roads, streets, highways, parking lots, parking areas, or where otherwise permitted by proper posting; provided, that this section shall not apply to emergency vehicles, maintenance vehicles, or construction vehicles authorized by the office of the city manager. (Ord. 801 § 1 (Exh. A § 20.00), 2007).
7.90.210 Motor vehicles – Speed limits.
No person shall drive a motor vehicle within any city park area at a speed greater than 15 miles per hour or as otherwise posted, having due regard for 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. (Ord. 801 § 1 (Exh. A § 21.00), 2007).
7.90.220 Washing of vehicles.
No person shall clean or wash any automobile or other vehicle in any city park area. (Ord. 801 § 1 (Exh. A § 22.00), 2007).
7.90.230 Motor vehicles – Trucks and commercial vehicles.
No person shall cause a truck or other vehicle while being used for commercial purposes to enter upon, use, or traverse any portion of any city park area or any park road except in the service of the office of the city manager, at the request of the employees of the office of the city manager, or by express permission of the city manager for a special activity not inconsistent with city park use; provided, that the provisions of this section shall not apply to city roads or state highways. (Ord. 801 § 1 (Exh. A § 23.00), 2007).
7.90.240 Trail use.
(1) No person shall travel on a trail at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with others who are complying with the law and using reasonable care. Travel at speeds in excess of 10 miles per hour, unless otherwise posted, shall constitute in evidence a prima facie presumption that the person violated this section.
(2) No person shall travel on a trail in a negligent manner. For the purposes of this section, “travel on a trail in a negligent manner” shall be construed to mean any form of travel on a trail in such a manner as to endanger or be likely to endanger any persons or property.
(3) For the purposes of this section, “travel” shall be construed to include all forms of movement or transportation on a trail, including but not limited to foot, bicycle, horse, skateboard, inline skates and roller skates.
(4) Every person traveling on a trail shall obey the instructions of any official traffic control device applicable thereto placed in accordance with applicable laws unless otherwise directed by a police officer.
(5) Bicycles, roller skates, inline skates, skateboards and similar wheeled devices shall be permitted in city park and trail areas unless otherwise posted.
(6) Persons using city trails shall maintain low noise levels so as not to disturb others between the hours of 10:00 p.m. and 7:00 a.m. (Ord. 801 § 1 (Exh. A § 24.00), 2007).
7.90.250 Tents and shelters on beaches.
No person shall erect, use or occupy a temporary tent or shelter on any beach in any city park area unless there is an unobstructed view through the tent or shelter from at least two sides; provided, that this section shall not be construed to authorize overnight camping. (Ord. 801 § 1 (Exh. A § 25.00), 2007).
7.90.260 Ice.
No person shall go out onto ice in any city park or park area, except in areas specifically designated for that purpose. This includes but is not limited to: lakes, ponds, streams, rivers, and other bodies of water. (Ord. 801 § 1 (Exh. A § 26.00), 2007).
7.90.270 Game fish.
All laws, rules and regulations of the Department of Fish and Wildlife 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 dam, dike, bridge, dock, boat landing, or beach, which is posted with a sign prohibiting fishing. (Ord. 801 § 1 (Exh. A § 27.00), 2007).
7.90.280 Shellfish and food fish.
All laws, rules and regulations of the Department of Fish and Wildlife relating to season, limits, and methods of taking are applicable to the taking of shellfish or food fish in city park areas, and in addition to such laws, the city park system may, upon its finding and for good cause, close certain city park areas to the taking of shellfish for specific periods of time. Such closed areas shall be posted with appropriate signs. (Ord. 801 § 1 (Exh. A § 28.00), 2007).
7.90.290 Pets in city park facilities.
(1) Dogs, pets, or domestic animals are not permitted on any designated picnic areas or play areas in any city park or in any building unless specifically permitted by posting; provided, that this section shall not apply to service dogs. Dogs, pets or domestic animals are not permitted on any athletic field while in use by authorized teams or user groups.
(2) In permissible areas, dogs must:
(a) At all times be controlled by means of a leash not exceeding 15 feet in length; or
(b) Be under voice control of the owner or custodian.
(3) Any owner or custodian whose dog or other pet is in any city park area shall be responsible for the conduct of the animal and for removing feces deposited by such animal from the park area. (Ord. 801 § 1 (Exh. A § 29.00), 2007).
7.90.300 Disturbances by animals prohibited.
No owner or custodian shall allow his or her dog or other pet or domestic animal to bite or in any way molest or annoy park visitors. No person shall permit his or her dog or other pet or domestic animal to bark continuously or otherwise disturb the peace and tranquility of the park. (Ord. 801 § 1 (Exh. A § 30.00), 2007).
7.90.310 Horseback riding.
Horses shall not be permitted in any city park or trail areas unless otherwise posted. (Ord. 801 § 1 (Exh. A § 31.00), 2007).
7.90.320 Littering.
No person shall leave, deposit, drop or scatter bottles, broken glass, ashes, food, waste paper, cans, or other rubbish in a city park area, except in a garbage can or other receptacle designated for such purposes. (Ord. 801 § 1 (Exh. A § 32.00), 2007).
7.90.330 Presence in parks during hours the park is closed.
No person except an authorized city employee or other person duly authorized pursuant to law shall enter, go upon or be present in a city park area which has been posted as a “No Admittance” or “No Trespassing” area, or at a time a park is closed to the public. (Ord. 801 § 1 (Exh. A § 33.00), 2007).
7.90.335 Tobacco use and possession.1
(1) The use of tobacco products and unapproved nicotine delivery products under circumstances not governed by NPMC 7.90.500 is prohibited at all times in all city park areas, including but not limited to:
(a) Playgrounds;
(b) Athletic fields;
(c) Open spaces;
(d) Beaches;
(e) Trails;
(f) Sidewalks adjacent to parks;
(g) Concession stands;
(h) Parking lots for parks;
(i) Associated marine areas; and
(j) Facilities.
(2) Any person violating this section shall have committed a civil infraction and shall be assessed a monetary penalty as provided in NPMC 7.90.520 and 19.140.010.
(3) The city manager or his designee shall post appropriate signage in the areas specified in subsection (1) of this section warning of the prohibited activities. (Ord. 904 § 2, 2013).
Article IV. Rules Governing Use of Facilities – Misdemeanors
7.90.340 Loitering.
Loitering as defined in these rules is prohibited in restrooms and bathhouses in city parks and recreation facilities. (Ord. 801 § 1 (Exh. A § 34.00), 2007).
7.90.350 Disorderly conduct and profanity prohibited.
It is unlawful to use profane or abusive language or to conduct oneself in a disorderly manner, including but not limited to, a state of intoxication or being noticeably under the influence of drugs, in any park. “Profane or abusive language” means obscenity or fighting words constituting unprotected speech. (Ord. 801 § 1 (Exh. A § 35.00), 2007).
7.90.360 Mechanical trapping devices – Capturing or injuring animals.
The use of a mechanical trapping device within any city park is prohibited. A “mechanical trapping device” shall be defined as any device, including but not limited to snares or machines that shut suddenly upon contact by an animal, or a device which kills or inflicts physical pain and injury upon a captured animal. This shall not exclude “have-a-heart” traps and other devices approved by animal protection groups. The act of capturing an animal by other than lawful means is prohibited. (Ord. 801 § 1 (Exh. A § 36.00), 2007).
7.90.370 False alarm of drowning prohibited.
No person shall give or transmit a false signal or false alarm of drowning. (Ord. 801 § 1 (Exh. A § 37.00), 2007).
7.90.380 Damage to property.
No person shall cut down, destroy, or in any way injure any shrub, tree, vine, grain, grass or crop, standing or growing or which has been cut down, in any city park area unless authorized to do so by the office of the city manager. No person shall deface, damage or destroy any property, material or equipment which is under the jurisdiction of the office of the city manager. (Ord. 801 § 1 (Exh. A § 38.00), 2007).
7.90.390 Removal of property.
No person shall change the position of or remove any city property, material, or equipment from its original position in any area under the jurisdiction of the office of the city manager. (Ord. 801 § 1 (Exh. A § 39.00), 2007).
7.90.400 Outside household or commercial waste.
No person shall deposit any household or commercial garbage, refuse, waste, or rubbish which is brought in such form from any private property in any city park area garbage can or other receptacle designated for such purpose. (Ord. 801 § 1 (Exh. A § 40.00), 2007).
7.90.410 Waste from vehicles.
No person shall drain or dump refuse or waste from any trailer, camper, automobile, or other vehicle, except in designated disposal areas or receptacles in any city park area. (Ord. 801 § 1 (Exh. A § 41.00), 2007).
7.90.420 Dumping in water prohibited.
No person shall pollute, or in any way contaminate by dumping or otherwise depositing any waste or refuse of any nature, kind or description, including human and bodily waste, into any stream, river, lake or other body of water running in, through, or adjacent to any city park area. (Ord. 801 § 1 (Exh. A § 42.00), 2007).
7.90.430 Aircraft.
(1) Aircraft Landing/Take Off. No aircraft shall land or take off from any body of water or land area in a city park area except:
(a) Aircraft used to transport injured persons, evacuees, medical personnel, or public officials in the event of an accident, disaster, or emergency;
(b) Model aircraft as provided in subsection (2) of this section;
(c) No person shall be deemed to have violated the provisions of this section in the event of a bona fide emergency, provided the owner of the aircraft submits a written statement explaining the circumstances of the emergency to the manager within 72 hours of an emergency landing.
(2) Model Aircraft and Rockets.
(a) No person shall fly rockets or gas powered model aircraft in any city park area except in areas specifically designated and/or posted for that purpose;
(b) All engines over 0.25 cubic inches used in model aircraft being flown in designated city park areas shall be muffled;
(c) All persons flying model aircraft in designated city park areas shall abide by the Official Academy of Model Aeronautics Safety Code;
(d) All persons desiring to shoot model rockets in a city park area shall obtain a permit to do so from the office of the city manager. (Ord. 801 § 1 (Exh. A § 43.00), 2007).
7.90.440 Solicitation.
No person shall solicit, sell, or peddle any goods, services, wares, merchandise, liquids, or edibles for human consumption, or use any loudspeakers or other amplifying devices, or post any handbills, circulars, or signs in any city park area, except by concession contract, facility use contract or by special use permit issued by the office of the city manager. No person shall distribute any handbills, circulars, or signs in any city park area in a manner that interferes with the normal and intended use of a park area. (Ord. 801 § 1 (Exh. A § 44.00), 2007).
7.90.450 Fireworks.
No person shall possess, discharge, set off, or cause to be discharged, in or into any city park area, any firecracker, torpedo, rocket, fireworks, explosive, or substance harmful to the life or safety of persons or property, unless so authorized by the office of the city manager. (Ord. 801 § 1 (Exh. A § 45.00), 2007).
7.90.460 Firearms, weapons.
No person except duly authorized law enforcement personnel shall possess a bow and arrow, crossbow, or air or gas weapon in a city park. No person shall discharge across, in, or into any city park area a firearm, bow and arrow, crossbow, or air or gas weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property; provided, that where the city manager or designee for good cause has authorized a special recreational activity upon finding that it is not inconsistent with city park use, this section shall not apply. (Ord. 834 § 1, 2009; Ord. 801 § 1 (Exh. A § 46.00), 2007).
7.90.470 Alcoholic beverages.
Selling, opening, or possessing alcoholic beverages in an open container, or consuming any alcoholic beverage in a city park, recreation area, or associated marine area is prohibited except in the following designated areas subject to approval by the manager and under the following condition:
The sale and consumption of alcoholic beverages is permissible at designated indoor and outdoor locations within city facilities by special event permit groups; provided, that the activities conform to the requirements of the Washington State Liquor Control Board pursuant to RCW Title 66, and that such serving and consumption is confined to the designated location. (Ord. 801 § 1 (Exh. A § 47.00), 2007).
7.90.480 Intoxication.
Being or remaining in, or loitering about in any city park, recreation area, or associated marine area while in a state of intoxication is prohibited. (Ord. 801 § 1 (Exh. A § 48.00), 2007).
7.90.490 Golf prohibited.
Golf activities shall not be permitted in any city park area. (Ord. 801 § 1 (Exh. A § 49.00), 2007).
7.90.500 Tobacco products.
Smoking shall be prohibited in the woods or on the road and trail system of any city park. Use of any tobacco product within 50 feet of an athletic field during an athletic event shall be prohibited. (Ord. 801 § 1 (Exh. A § 50.00), 2007).
7.90.510 Interference with trails.
It shall be unlawful for any person to place, deposit, or otherwise cause or suffer to be located any structure, device, or natural or artificial thing that threatens or endangers any portion of a trail owned or maintained by the city, or that tends to endanger persons traveling thereon, obstructs or tends to obstruct or constitutes a hazard to persons traveling thereon. This section shall not apply to employees of the city in the performance of their duties or to persons acting pursuant to written direction of the city. (Ord. 801 § 1 (Exh. A § 51.00), 2007).
Article V. Penalties
7.90.520 Infractions.
The failure to perform any act required or the performance of any act prohibited by Article III of this chapter shall be a civil infraction. (Ord. 801 § 1 (Exh. A § 52.00), 2007).
7.90.530 Misdemeanors.
The violation of any of the provisions of Article IV of this chapter is a misdemeanor. (Ord. 801 § 1 (Exh. A § 53.00), 2007).
7.90.540 Administrative sanctions.
In addition to any prescribed penalty, any person failing to comply with any provision of this chapter shall be subject to the loss of park or recreation facility use privileges and ejection from the city park area or associated marine park area. (Ord. 801 § 1 (Exh. A § 54.00), 2007).
Article VI. Park Safety – Enforcement
7.90.550 Park safety.
(1) General. These park rules are established to provide a system by which the greatest number of people may obtain the maximum satisfaction from the use of city parks and recreation facilities. For the rules to serve this purpose, they must be understood and followed by the park users. Accordingly, park safety involves both public awareness and rule enforcement programs.
(2) Application of Park Safety Program. The degree and extent to which the application of park safety shall be adapted to city parks shall be based on purpose and location of each park and recreation facility, its environment and surrounding community, the number and type of persons using it, the number and type of rule violations that have occurred in the past, and the perception that the people of the city have of the park or facility as a safe place to use. The office of the city manager shall keep records of safety problems and rule violations in each facility and continuously evaluate its safety program for each facility based on those records. (Ord. 801 § 1 (Exh. A § 55.00), 2007).
7.90.560 Responsibilities.
Park safety is the responsibility of the public safety department and the office of the city manager. Specific responsibilities include the following:
(1) Office of the City Manager.
(a) Enforcing rules of conduct set forth in this chapter for which office of the city manager personnel have appropriate authority.
(b) Developing and implementing public awareness programs regarding the purpose of the facilities and the rules governing their use.
(c) Encouraging voluntary compliance with rules based on awareness.
(d) Training office of the city manager personnel in the appropriate use of administrative sanctions as a means of park rule enforcement.
(e) Notifying of law enforcement officers who have primary jurisdiction in a particular geographic area whenever office of the city manager personnel observe violations of park rules requiring further law enforcement authority or other violations of local, state, or federal laws whenever there is an emergency requiring law enforcement assistance or whenever they need assistance in executing their responsibilities pursuant to this chapter.
(2) Public Safety Department.
(a) Deputizing and training of personnel authorized to issue citations for infractions and misdemeanor offenses.
(b) Providing supplementary patrols in natural resources and parks facilities as determined by the office of the city manager.
(c) Responding, as appropriate, to requests from office of the city manager personnel for assistance in situations beyond their capacity or authority to act. (Ord. 801 § 1 (Exh. A § 56.00), 2007).
7.90.570 Enforcement methods – Commissions.
The primary method of enforcing park rules shall be through requesting voluntary compliance by park users or by the use of administrative sanctions by office of the city manager personnel. Enforcement through the issuance of citations for violations of park ordinances shall be executed solely by those personnel who are specifically commissioned for that purpose. Office of the city manager personnel may be commissioned by the police chief at the request of the office of the city manager in accordance with applicable law as may be necessary to ensure proper enforcement of park rules. Such personnel shall receive training as required by the office of the city manager and state law. The office of the city manager will work cooperatively to implement and oversee the commissioning program. (Ord. 801 § 1 (Exh. A § 57.00), 2007).
Article VII. Miscellaneous Provisions
7.90.580 Severability.
Should any section, subsection, paragraph, sentence, clause, or phrase of these rules be ordered unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this chapter. (Ord. 801 § 1 (Exh. A § 58.00), 2007).
7.90.590 Lease for recreation use.
It is the policy of the city to accept the dedication of land for open space and recreation uses, provided it meets park criteria, or in the opinion of the planning agency the land represents a desirable or necessary open space, and that in accepting the dedication the city does not accept responsibility for maintenance unless or until the land is developed to a standard acceptable to the city; and provided further, that by the dedication the city is given the right to lease the lands for open space or recreation use and development to duly constituted neighborhood or community organizations or special districts who would be responsible for development or maintenance. (Ord. 801 § 1 (Exh. A § 59.00), 2007).
Code reviser’s note: Ordinance 904 adds this section as NPMC 7.90.340. The section has been renumbered to avoid duplication of numbering.