Chapter 13.20
PARK CURFEW

Sections:

13.20.010    Declaration of necessity.

13.20.020    Using park with unlawful intent or purpose.

13.20.030    Park curfew imposed—Exceptions—Park posting and warning as conditions precedent to conviction.

13.20.040    Penalty for violation.

13.20.010 Declaration of necessity.

The city council of the city of Yakima takes notice and finds that the public parks in the city of Yakima have been for several years past and are now subject to occupancy and use at nighttime hours and in such a manner so as to disturb and interfere with the right to the quiet enjoyment and use of private residential properties in the vicinity of the various city parks; and the Yakima city council further finds that the unregulated occupancy and use of public parks, particularly during nighttime hours, constitutes a public nuisance so that the preservation of the public health, comfort, safety, order and general welfare requires that the use, occupancy and congregation of persons in public parks be subject to the curfew imposed, and the regulations and provisions enacted by this chapter. (Ord. 1626 § 1 (part), 1974).

13.20.020 Using park with unlawful intent or purpose.

It shall be unlawful for any person to enter upon or remain in any public park owned by the city of Yakima with the intent or for the purpose of committing any unlawful act. (Ord. 1626 § 1 (part), 1974).

13.20.030 Park curfew imposed—Exceptions—Park posting and warning as conditions precedent to conviction.

A.    It is unlawful for any person to enter upon or remain in any public park owned by the city of Yakima between the hours of ten p.m. and six a.m. of the following day, unless the presence of such person in such park during prohibited hours is authorized by a park use permit issued pursuant to Section 13.16.100 of this code or otherwise is incidental to an activity or function conducted by or under the auspices of the department of parks and recreation of the city of Yakima.

B.    No person shall be convicted for violating the curfew imposed by this section unless such violation occurred in a park conspicuously posted around its boundaries with signs warning against entry into or remaining in the park during prohibited hours.

C.    No person shall be convicted for violating the curfew imposed by this section unless, prior to being arrested, such person was warned by a police officer of the curfew violation and was thereafter afforded a reasonable opportunity to vacate the park premises. (Ord. 3103 § 1, 1988: Ord. 1626 § 1 (part), 1974).

13.20.040 Penalty for violation.

Any person convicted of violating any provision of this chapter shall be punished by a fine not to exceed two hundred fifty dollars or by imprisonment in the city jail facility for a period not to exceed ninety days. (Ord. 1626 § 1 (part), 1974).