Chapter 13.12
PARKS PROTECTION

Sections:

13.12.010    TITLE.

13.12.020    PROPERTIES.

13.12.030    PROCEDURES TO SURPLUS OR CHANGE USE.

13.12.040    PRIOR SALES - RESTORATION.

13.12.050    SEVERABILITY.

13.12.010 TITLE.

This chapter shall be known as "The Ordinance Providing Protection for Bremerton’s Parks, Play Fields, Open Spaces and Recreational Facilities". (Ord. 4283 §1, 1989 Referendum)

13.12.020 PROPERTIES.

(a)    The following commonly known parks of the City of Bremerton shall fall under the provisions of this chapter:

(1)    Warren Avenue Play Field

(2)    Kitsap Lake Park

(3)    East Park (Glenn Jarstad Aquatic Center/YMCA Area)

(4)    Blueberry Park

(5)    NAD Upper Park

(6)    NAD Marine Park

(7)    Evergreen Park

(8)    East Park Nature Area

(9)    Stephenson Canyon

(10)    Lions Community Playfield

(11)    Forest Ridge Park

(12)    Kiwanis Park

(13)    Sheridan Park Community Center and Sheridan Park Lower Area

(14)    Smith Play Field

(15)    Manette Play Field and Senior Center

(16)    SR 3 Park

(17)    S.P. "Pat" Carey Vista

(18)    9th Street Mini Park

(19)    Arvon Park

(20)    Bachmann Park

(21)    Bataan Park

(22)    Bremerton Boardwalk

(23)    Hal’s Corner

(24)    Naval Avenue Site (1133 Naval Avenue)

(25)    Pendergast Regional Park

(26)    Roto Vista Park

(27)    Roto Vista Park (lower)

(28)    Warren Tennis Courts and Community Center

(29)    Lent Lane

(30)    Ivy Green Cemetery

(b)    The City Council may, by a simple majority of those present, add any parks lands to the list above. Any additions made by the Council would fall under the full provisions of this chapter. (Ord. 4575, Amended, 11/21/1996; Ord. 4443 §1, 1994; Ord. 4283 §2, 1989 Referendum)

13.12.030 PROCEDURES TO SURPLUS OR CHANGE USE.

The following procedures shall apply to the sale, possible sale, lease or significant change in use of any or a part of any of the above mentioned park lands. A significant change in use shall mean any activity which does not compliment or support a recreational activity.

(a)    The Parks Board of the City of Bremerton shall be consulted and provided all details concerning any proposed sale, lease or significant change in use. The Parks Board shall prepare an advisory report and submit it to the City Council and Mayor.

(b)    The City Council shall hold a minimum of two public hearings concerning the matter, in addition to other statutory hearings.

(c)    In case of a proposed sale, the City Council at a minimum shall evaluate the Parks Board advisory report and must develop findings and conclusions to support declaring the park’s asset in question surplus, prior to concluding any sale. A surplusing declaration means that the park’s asset is no longer suitable for use as a park, play field, open space or recreational activity by the Bremerton community.

(d)    A unanimous vote of the full Council membership is necessary to sell any of the park assets described above or to significantly change their use.

(e)    In the absence of a unanimous vote to sell, or as an alternative to meeting the criteria of Subsection (c) or (d) or the Council may, by a simple majority of those present, refer the matter to the voters at the next scheduled election, or by calling a special election pursuant to law. (Ord. 4283 §3, 1989 Referendum)

13.12.040 PRIOR SALES - RESTORATION.

The City of Bremerton shall take such action as may be necessary, including legal action if required, to restore the City of Bremerton full title and ownership of the City of Bremerton park, play field, open space or recreation facilities named herein which have been sold, transferred or conveyed within one year prior to the effective date of this chapter. (Ord. 4283 §4, 1989 Referendum)

13.12.050 SEVERABILITY.

In the event that any portion of this chapter should be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the validity of this chapter as a whole or part thereof other than the part so declared to be invalid. (Ord. 4283 §5, 1989 Referendum)