Chapter 12.20 PARK REGULATIONS

D. “Park” is a park, reservation, playground, beach, recreation center or any other area in the city, owned or used by the city or the Bainbridge Island metropolitan parks and recreation district, and devoted to active or passive recreation.

E. Repealed by Ord. 2003-22.

F. “Vehicle” is any wheeled conveyance, whether motor powered, animal-drawn, or self-propelled. The term includes any trailer in tow of any size, kind or description. Exception is made for baby carriages and vehicles in the service of the city parks. (Ord. 2015-02 § 4, 2015; Ord. 2003-24 § 21, 2003; Ord. 2003-22 § 12, 2003; Ord. 77-09 § 2, 1977)

12.20.030 Park property.

No person in a park shall:

A. Buildings and Other Property.

1. Disfigurement and Removal. Willfully mark, deface, disfigure, injure, tamper with, or displace or remove any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal,

2. Restrooms and Washrooms. Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition,

3. Removal of Natural Resources. Dig or remove any beach sand, whether submerged or not, or any soil, rock, stones, trees, shrubs or plants, down-timber or other wood or materials, or make any excavation by tool, equipment, blasting, or other means or agency,

4. Erection of Structures. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon, or across such lands, except on special written permit issued under this chapter;

B. Trees, Shrubbery, Lawns.

1. Injury and Removal. Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant; nor shall any person attach any rope, wire, or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area,

2. Climbing Trees, Etc. Climb any tree or walk, stand or sit upon monuments, vases, fountains, railing, fences or upon any other property not designated or customarily used for such purposes,

3. Hitching of Animals. Tie or hitch a horse or other animal to any tree or plant;

C. Wild Animals, Birds, Etc.

1. Hunting. Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird, nor shall he remove or have in his possession the young of any wild animal, or the eggs or nest, or young of any reptile or bird,

2. Feeding. Give or offer, or attempt to give, to any animal or bird any tobacco, alcohol or other known noxious substances;

D. Dog at Large. Allow a dog to run at large. “At large” has the same meaning as set forth in BIMC 6.04.010.8. (Ord. 2015-02 § 5, 2015: Ord. 86-21 § 1, 1986; Ord. 77-09 § 3, 1977)

12.20.040 Sanitation.

No person in a park shall:

A. Pollution of Waters. Throw, discharge, or otherwise place or cause to be placed in the waters of any stream, or other body of water in or adjacent to any park or any stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of the waters;

B. Bring in, dump or deposit any trash, waste or garbage not generated during lawful use of the park or city moorage facilities. All trash, waste and garbage generated during lawful use of the park or city moorage facilities shall not be placed in any waters in or contiguous to the park nor left anywhere on the grounds, but shall be placed in the proper receptacles where provided. Where receptacles are not so provided, all such trash, waste and garbage shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere. (Ord. 86-21 § 2, 1986; Ord. 77-09 § 4, 1977)

12.20.050 Traffic.

No person in a park shall:

A. City Motor Vehicle Laws Apply. Fail to comply with all applicable provisions of the city motor vehicle traffic laws in regard to equipment and operation of vehicles together with such regulations as are contained in this chapter and other ordinances;

B. Enforcement of Traffic Regulations. Fail to obey all traffic officers and park employees, such persons being authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of these regulations and such supplementary regulations as may be issued subsequently by the director;

C. Obey Traffic Signs. Fail to observe carefully all traffic signs indicating speed, direction, caution, stopping, or parking, and all others posted for proper control and to safeguard life and property;

D. Speed of Vehicles. Ride or drive a vehicle or horse at a rate of speed exceeding 10 miles an hour, except upon such roads as the director may designate, by posted signs for speedier travel;

E. Operation Confined to Roads. Ride or drive any vehicle or horse on any area except the paved park roads or parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas by the director;

F. Parking.

1. Designated Areas. Park a vehicle or horse in other than an established or designated parking area, and such use shall be in accordance with the posted directions thereat and with the instructions of any attendant who may be present,

2. Immovable Vehicles. Leave any vehicle in the park with one or more wheels chained, or with motor set in gears and doors locked, or in any manner fixed or arranged so that such vehicle cannot readily be moved by hand,

3. Double Parking. Double park any vehicle on any road or parkway unless directed by a park official,

4. Muffler Required. Fail to use a muffler adequate to deaden the sound of the engine in a motor vehicle;

G. Bicycles.

1. Confined to Roads. Ride a bicycle on other than a paved vehicular road or path designated for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use,

2. Operation. Ride a bicycle other than on the right-hand side of the road paving as close as conditions permit, and bicycles shall be kept in single file when two or more are operating as a group. Bicyclists shall at all times operate their machines with reasonable regard to the safety of others, signal all turns, pass to the right of any vehicle they are overtaking, and pass to the right of any vehicles they may be meeting,

3. Rider Prohibited. Ride any other person on a bicycle,

4. Designated Racks. Leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available,

5. Immobile. Leave a bicycle lying on the ground or paving, or set against trees, or in any place or position where other persons may trip over or be injured by them. (Ord. 77-09 § 5, 1977)

12.20.060 Recreational activities.

No person in a park shall:

A. Bathing Areas. Erect, maintain, use or occupy on or in any beach or bathing area any tent, shelter or structure of any kind;

B. Boating.

1. Operation of Boats. Navigate, direct, or handle any boat in such a manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupants of any other boat,

2. Attach a boat to a mooring buoy for over a 48-hour period beginning at the first attachment. Anchor a boat over the bed of Eagle Harbor leased for the park in a manner to interfere with any boat attached to a buoy, or for a time exceeding the same time limit for use of the buoys,

3. “Raft” three boats together over the bed of Eagle Harbor leased for the park. This shall apply to boats using the city’s mooring buoys, to boats at anchor both where the anchor is on city leased bed of Eagle Harbor and where the anchored boat drifts over city leased bed of Eagle Harbor, and to boats moored to adjacent piers;

C. Fishing. Engage in commercial fishing, or the buying or selling of fish caught in any waters;

D. Hunting and Firearms. Hunt, trap or pursue wildlife at any time. No person shall use, carry, or possess firearms of any descriptions, or air rifles, spring guns, bow and arrows, slings or any other forms of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden;

E. Picnic Areas and Use.

1. Regulated. Picnic or lunch in a place other than those designated for that purpose. Attendants shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end,

2. Availability. Violate the regulation that use of the individual fireplaces together with tables and benches follows generally the rule of “first come, first served”,

3. Nonexclusive. Use any portion of the picnic areas or of any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded,

4. Duty of Picnicker. Leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere;

F. Camping. Camp in the open, or in tents, shacks, or any other temporary shelter, nor shall any person leave any movable structure or special vehicle to be used or that could be used for such purpose, such as house trailer, camp trailer, camp wagon, or the like;

G. Games. Take part in or abet the playing of any games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins or model airplanes, except in areas set apart for such forms of recreation. The playing of rough or comparatively dangerous games such as football, baseball and quoits is prohibited except on the fields and courts or areas provided therefor. Roller skating and riding skateboards shall be confined to those areas specifically designated for such pastime;

H. Horseback Riding. Ride a horse except on designated bridle trails. Where permitted, horses shall be thoroughly broken and properly restrained, and ridden with due care, and shall not be allowed to graze or go unattended, nor shall they be hitched to any rock, tree or shrub. (Ord. 93-32 § 1, 1993; Ord. 88-09 § 1, 1988: Ord. 77-09 § 6, 1977)

12.20.070 Behavior.

No person in a park shall:

A. Intoxicating Beverages. Have entered or be under the influence of intoxicating liquor;

B. Fireworks and Explosives. Brought, or have in his possession, or set off or otherwise cause to explode or discharge or burn, any firecrackers, torpedo, rocket, or other fireworks or explosives of inflammable material, or discharge them or throw them into any such area from land or water adjacent thereto. This prohibition includes any substance, compound, mixture, or article that in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints;

C. Alms. Solicit contributions for any purpose, whether public or private;

D. Fires. Build or attempt to build a fire except in such areas and under such regulations as may be designated by the director. No person shall drop, throw, or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material, within any park area or on any highway, road or street abutting or contiguous thereto;

E. Closed Areas. Enter an area posted as “Closed to the Public,” nor shall any person use or abet the use of any area in violation of posted notices;

F. Games of Chance. Gamble, or participate in or abet any game of chance;

G. Loitering and Boisterousness. Sleep or protractedly lounge on the seat, or benches, or other areas, or engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace;

H. Exhibit Permits. Fail to produce and exhibit any permit from the director he claims to have upon request of any authorized person who desires to inspect the same for the purpose of enforcing compliance with any ordinance or rule;

I. Interference with Permittees. Disturb or interfere unreasonably with any person or party occupying any area, or participating in any activity, under the authority of a permit. (Ord. 2015-02 § 5, 2015: Ord. 77-09 § 7, 1977)

12.20.080 Merchandising, advertising and signs.

No person in a park shall:

A. Vending and Peddling. Expose or offer for sale any article or thing, nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing, except on special written permit issued under this chapter;

B. Advertising. Announce, advertise, or call the public attention in any way to any article or service for sale or hire, except on written permit issued under this chapter;

C. Signs. Paste, glue, tack or otherwise post any sign, placard, advertisement, or inscription other than by written permit under subsection B of this section, nor shall any person erect or cause to be erected any sign whatever on any public lands or roads in or adjacent to a park other than by written permit under subsection B of this section. (Ord. 79-19, 1979: Ord. 77-09 § 8, 1977)

12.20.090 Hours of operation.

A. Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during designated hours, other than as provided in subsection B. The opening and closing hours for each individual park shall be posted therein for public information.

B. Minor Park Curfew. No minor child under the age of 18 shall enter or remain in the area known as Eagle Harbor Waterfront Park during designated nighttime hours as determined by the director; provided, that a minor child shall not be deemed to be “entering or remaining,” as used in this subsection, when such minor child is accompanied by his or her parent or guardian. Appropriate signs shall be placed so as to give the public notice of the foregoing restriction. (Ord. 86-24 § 1, 1986: Ord. 77-09 § 9(1), 1977)

12.20.100 Closed areas.

Any section or part of any park may be declared closed to the public by the director at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as the director finds reasonably necessary. (Ord. 77-09 § 9(2), 1977)

12.20.110 Lost and found articles.

The finding of lost articles by park attendants shall be reported to the director who shall make every reasonable effort to locate the owners. The director shall make every reasonable effort to find articles reported as lost. (Ord. 77-09 § 9(3), 1977)

12.20.120 Permits – Required – Application.

A. Use Permit. Any group or organization desiring to use park facilities for a specific purpose, which purpose will exclude the general public from the use thereof, shall obtain a use permit before engaging in such activity, which use permit shall be issued by the director, or his designee, on forms supplied by the director, or his designee.

B. Sales and Advertising Permit. Any group or organization desiring to engage in any of the activities described in Section 12.20.080, shall obtain a sales and advertising permit before engaging in such activity, which sales and advertising permit shall be issued by the Bainbridge Island city council on forms supplied by the director, or his designee.

C. Park Construction Permit. Any group or organization desiring to construct or erect any building or structure pursuant to subdivision 4 of subsection A of Section 12.20.030 shall obtain a park construction permit before engaging in such activity, which park construction permit shall be issued by the director, or his designee, on forms supplied by the director, or his designee. (Ord. 79-19, 1979: Ord. 77-09 § 9(4)(a), 1977)

12.20.130 Permits – Standards for issuance.

A. Use Permit. The director, or his designee, shall issue a use permit under this chapter when he finds:

1. That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park;

2. That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;

3. That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct;

4. That the proposed activity will not entail unusual, extraordinary or burdensome expense of police operation by the city. The city may require the applicant to hire private security personnel;

5. That the facilities desired have not been reserved for other use at the day and hour required in the application.

B. Sales and Advertising Permit. The city council shall issue a sales and advertising permit when it determines that:

1. The proposed sales and advertising will enhance public or private enjoyment of the park facilities;

2. The proposed sales and advertising activities will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;

3. In those instances where proposed sales will include alcoholic beverages, the applicant has made a satisfactory showing that it has contacted the State Liquor Control Board and taken appropriate steps to secure that agency’s approval of the proposed sales.

C. Park Construction Permit. The director, or his designee, shall issue a park construction permit under this chapter when he finds:

1. That the proposed structure will not unreasonably interfere with or detract from the general enjoyment of the park;

2. That the proposed structure will not unreasonably interfere with or detract from the promotion of public health, safety, welfare and recreation;

3. The proposed structure is not reasonably anticipated to encourage violence, crime or disorderly conduct;

4. That the proposed structure will not add unreasonably to the expense of police operation by the city;

5. That the proposed structure will conform in design and structure to all applicable building code requirements and other requirements imposed by statute, ordinance or regulation. (Ord. 79-19, 1979: Ord. 77-09 § 9(4)(b), 1977)

12.20.140 Permits – Conditions of issuance.

The director or his designee, or the city council, whoever issues the permits set forth in BIMC 12.20.120 and 12.20.130, may place such conditions on receipt of the permit as are necessary to ensure adherence to the standards set forth in BIMC 12.20.130. (Ord. 79-19, 1979: Ord. 77-09 § 9(4)(c), 1977)

12.20.150 Permits – Damage deposit required.

At the time of the issuance of any of the permits described in BIMC 12.20.120 and 12.20.130, the recipient shall deposit with the city a sum set by resolution of the city council, which sum shall be refunded to the recipient at the expiration of the permit upon a showing by the permit recipient of the following:

A. All conditions placed on the permit and all applicable park rules and regulations and all applicable ordinances have been complied with;

B. The park has been returned to the condition in which it existed prior to the effective date of the permit including removal of all temporary structures, litter, signs, advertising or other debris resulting from or associated with the activities engaged in pursuant to the permit. (Ord. 88-16 § 18, 1988: Ord. 79-19, 1979: Ord. 77-09 § 9(4)(d), 1977)

12.20.160 Permits – Appeal.

A. Use and Park Construction Permits. Within three days after the receipt of an application for a use permit or park construction permit, the director, or his designee, shall apprise an applicant in writing of his reasons for refusing a permit, and any aggrieved person shall have the right to appeal in writing within 10 days to the city council, which shall consider the application under the standards set forth in BIMC 12.20.130 and sustain or overrule the director’s, or his designee’s, decision within 14 days.

B. Sales and Advertising Permits. Within five days of its receipt of the application for a sales and advertising permit or at the next regularly scheduled council meeting following the filing of such application, whichever is later, the city council shall either grant or refuse the sales and advertising permit. If it refuses the permit, it shall apprise the applicant in writing of its reasons for refusing the permit. The decision of the city council shall be final unless any aggrieved party appeals the decision to the county superior court within 10 days of the date of the decision. (Ord. 79-19, 1979: Ord. 77-09 § 9(4)(e), 1977)

12.20.170 Permits – Effect.

A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in the permits. (Ord. 79-19, 1979: Ord. 77-09 § 9(4)(f), 1977)

12.20.180 Permits – Liability of permittee.

The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued. (Ord. 79-19, 1979: Ord. 77-09 § 9(4)(g), 1977)

12.20.190 Permits – Revocation.

The director, or his designee, shall have the authority to revoke all permits issued under this chapter upon a finding of violation of any rule, condition, regulation or ordinance, or upon good cause shown. (Ord. 79-19, 1979: Ord. 77-09 § 9(4)(h), 1977)

12.20.200 Decisions of director final.

All decisions of the director, or his designee, regarding compliance by the recipient of any permit with the conditions of the permit and the provisions of this chapter shall be final. (Ord. 79-19, 1979: Ord. 77-09 § 9(4)(i), 1977)

12.20.210 Enforcement authorized.

The director and park attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter. (Ord. 77-09 § 10(1), 1977)

12.20.220 Ejectment of violators.

The director and any park attendant shall have the authority to eject from the park any person acting in violation of this chapter. (Ord. 77-09 § 10(2), 1977)

12.20.230 Seizure of property.

The director and any park attendant shall have the authority to seize and confiscate any property, thing or device in the park, or used, in violation of this chapter. (Ord. 77-09 § 10(3), 1977)

12.20.240 Penalty for overtime or illegal mooring.

Repealed by Ord. 96-33. (Ord. 77-09 § 11(1), 1977)

12.20.250 Violation – Penalty.

Any person found guilty of violating any of the provisions of this chapter shall be fined not more than $500.00 or punished by not more than six months in the city jail, or both such fine and penalty. (Ord. 96-33 § 2, 1996; Ord. 77-09 § 11(2), 1977)