Chapter 2.44
TOWN OF WILBUR PARK
Sections:
2.44.030 Allowable hours of operation.
2.44.040 Nonpermitted activities.
2.44.050 Activities that are hazardous to others.
2.44.060 Activities not in conformance with general rules of behavior.
2.44.080 Park maintenance and operations.
2.44.090 Security requirements for private use of park property and facilities.
2.44.100 Park use permit procedures.
2.44.120 Enforcement of park use permits.
2.44.010 Purpose.
The establishment and maintenance of park property and facilities is intended to benefit current and future citizens of the town of Wilbur by providing opportunities for active and passive recreation. Rules and regulations governing use of park properties and park facilities will help to ensure that park property and park facilities are used and maintained in a manner beneficial to the community. The foregoing park rules and regulations are intended to provide standards for the public use and enjoyment of these facilities and to provide for the public health, safety, welfare and protection in the use and enjoyment of these facilities. (Ord. 439 §3, 2005)
2.44.020 Definitions.
A. The terms used in this chapter of the town of Wilbur Municipal Code shall be defined as follows:
1. "Motor vehicle" shall mean any self-propelled device capable of being moved upon a road or other surface by which any persons or property may be transported and shall include but not be limited to automobiles, trucks, motorcycles, motor scooters, jeeps or similar type four-wheel-drive vehicles and snowmobiles.
2. "Park" shall mean public parks, playgrounds, activity centers and associated buildings, designated open spaces, designated sensitive lands and other facilities of the town of Wilbur.
3. "Person" shall mean all persons, firms, partnerships, corporations, clubs and all associations or combinations of persons whenever acting for themselves or by an agent, employee or member.
4. "Public works foreman" shall mean the employee of the town of Wilbur charged with the responsibility of administering the town’s public works department and enforcing public works rules and regulations. (Ord. 439 §4, 2005)
2.44.030 Allowable hours of operation.
A. It is unlawful to enter or remain in the town park between the hours of ten p.m. and seven a.m. except as specified in subsection B of this section.
B. The mayor/or mayor pro tem and one council member by written permit may authorize the use of the park for special occasions or for specific recreational uses.
C. Park closing hours shall be clearly posted at the town park.
D. A knowing or intentional violation of this section shall be prosecuted under RCW 9A.52.070 if found in any buildings within the town park, or RCW 9A.52.080 if found on the grounds of the town park during the hours of closure.
E. Violations of this section shall be a civil infraction with a penalty as set forth in Chapter 1.08. (Ord. 565 §1, 2014: Ord. 439 §4, 2005)
2.44.040 Nonpermitted activities.
Any activity that constitutes a civil or criminal violation under local, state or federal statutes shall not be permitted within park property and/or park facilities. (Ord. 439 §5, 2005)
2.44.050 Activities that are hazardous to others.
A. Practicing or playing of games or activities in a manner that could knowingly harm other persons and/or real or personal property.
B. Building and operating fires unless authorized by a park use permit for a designated area of the park and in a container built in such a manner as not to allow damage to the ground underneath the fire from the heat.
C. Violations of this section shall be a civil infraction with a penalty as set forth in Chapter 1.08 of the Wilbur Municipal Code. (Ord. 439 §6, 2005)
2.44.060 Activities not in conformance with general rules
of behavior.
A. Having pets of any type inside the park boundaries without special permit from the mayor or town council, except service dogs or dogs used for law enforcement.
B. Swimming or bathing in the creek that runs through the park.
C. The having, selling or consuming of any alcoholic beverage, whether in original or disguised container, unless approved by special permit and in compliance with Washington State law.
D. Violations of this section shall be a civil infraction with a penalty as set forth in Chapter 1.08 of the Wilbur Municipal Code. (Ord. 439 §7, 2005)
2.44.070 Activities interfering with other citizens’ use
and enjoyment of park property and facilities.
A. Activities conducted for private gain or profit without prior authorization from the town of Wilbur.
B. Operation of a powered public address system or amplified music speaker system or other means of amplifying sound, except as authorized by a park use permit in association with a recognized and sanctioned community or special event.
C. Knowingly operating a non-motorized vehicle in a manner that causes harm or destruction to the natural plants, trees and/or buildings.
D. Overnight parking of recreational vehicles or trailers except as authorized by a park use permit in association with a recognized and sanctioned community or special event.
E. Posting signs, posters and notices not authorized by a park use permit and not in conformance with the sign ordinance in effect at the time.
F. Interfering with another’s use of a reserved area approved through the park use permit process.
G. Use of unauthorized motor vehicles within the town park.
H. Violations of this section shall be a civil infraction with a penalty as set forth in Chapter 1.08. (Ord. 565 §2, 2014: Ord. 439 §8, 2005)
2.44.080 Park maintenance and operations.
A. Parks maintenance and operations shall be conducted by the public works department of the town of Wilbur or its authorized agent under the supervision of the public works foreman or his/her designee.
B. Volunteer groups or organizations are encouraged to assist the town in the improvement and/or maintenance of its park property and/or park facilities. Volunteer assistance may be on a one-time, annual or ongoing basis.
C. Individuals or organizations that wish to assist the town with park maintenance and operation shall, prior to the commencement of any work, fill out an information form provided by the town, indicating the location, time and extent of proposed volunteer activity and specifying a contact person.
D. All volunteer activities must be approved prior to commencement of work. Volunteer activities for temporary park improvements shall be authorized administratively by the mayor or public works foreman. Volunteer activities for permanent and durable park improvements including but not limited to buildings, lighting, trees and shrubs and benches shall be approved by the mayor and town council upon the recommendation of the public works foreman, based upon a determination of whether the proposed permanent improvement is in conformance with the best interest of the use of the park. (Ord. 439 §9, 2005)
2.44.090 Security requirements for private use of park property and facilities.
The promoter of any special event, carnival, dance, athletic contest or any other occurrence on the park property or facility that will attract a large crowd will provide security for said activity. Said security measures shall be approved by the chief of police or his/her designee at least five business days before commencement of the activity. If such activity is commenced without having first obtained town approval of proposed security measures the chief of police or his/her designee shall have the discretionary authority to order the promoter or designated person in charge of the activity to cease operations immediately. Violation of this provision shall be a civil infraction with a penalty as set forth in Chapter 1.08. (Ord. 565 §3, 2014: Ord. 439 §10, 2005)
2.44.100 Park use permit procedures.
A. The purpose of this section is to assure equal access to and enjoyment of park properties and facilities. Any person or organization desiring to utilize town park property and/or facilities for an exhibition, performance, assembly, display, community event, special event or other similar activity that would substantially preclude normal public use and enjoyment of park property and/or facilities is required to have an approved park use permit. Examples of activities that would require a park use permit are exclusive use of park property or facility south of Goose Creek, use of more than fifty percent of the area of park property, organized fairs or carnivals, large gatherings or people in excess of one hundred persons, events occurring after allowable hours of operation and events or activities that would cause noise regulated by ordinance. Examples of activities that would not require a park use permit are non-organized sport usage of park property or facilities, family picnics, non-affiliated social events and annual community gatherings in the park.
B. The town shall provide a park permit application. A completed park use permit application shall be submitted to the town clerk at least five days before the commencement of the activity. There shall be no permit fee charged to an applicant. (Ord. 565 §4, 2014: Ord. 439 §10, 2005)
2.44.110 Liability.
A. The provisions of this chapter shall not be construed as relieving or limiting in any way the responsibility or liability of any person, business or organization using park property or a park facility under the jurisdiction of the town of Wilbur for personal injury or property damage resulting from the use, authorized or unauthorized, of park property or park facilities, nor shall it be construed as imposing on the town or its officers or employees any responsibility or liability by reason of the approval or disapproval of a park use permit under the provisions of this chapter. (Ord. 439 §10, 2005)
2.44.120 Enforcement of park use permits.
A. Violations of park use permit procedures may result in the revocation of an approved park use permit by the mayor or his/her designee.
B. Violations of the adopted parks rules and regulations by parties issued park use permits will result in the immediate revocation of the permit and the person or organization held liable for any violation under this chapter. (Ord. 439 §11, 2005)