Chapter 10.33 PARKS, PLAYGROUNDS, AND PUBLIC WAYS

It is unlawful to willfully remove, destroy, mutilate, or deface any structure, monument, statue, fountain, wall, fence railing, vehicle, bench, sign, shrub, tree, lawn or grass, plant, flower, lighting system or sprinkling system or other property lawfully in any park; provided, however, that maintenance activities in any park may be authorized with the prior written consent of the director. No foreign matter, such as sawdust or sand, gravel or soil conditioner, may be added to any field or park in order to use the property in wet weather without the prior written consent of the director. (Ord. 2380 § 1 (part), 2016: Ord. 1848 § 40, 1995: Ord. 1688 § 14 (part), 1990. Formerly 10.33.020).

10.33.020 Entry prohibition obedience required.

No person shall enter upon any portion of lawn or ground within a public park or public place when notified by a sign placed in such park or public place, or by a police officer, not to enter upon such lawn or ground. (Ord. 2380 § 1 (part), 2016: Ord. 1688 § 14 (part), 1990. Formerly 10.33.030).

10.33.030 Refuse deposit prohibited.

No person shall throw or deposit any refuse or litter, garbage, yard trimmings, or other waste materials in any park or public place except in designated receptacles. (Ord. 2380 § 1 (part), 2016: Ord. 1688 § 14 (part), 1990. Formerly 10.33.040).

10.33.040 Fires prohibited.

No person shall make or kindle any fire in a public park or in a public place except at places designated for such purpose. Disposal of fire materials, such as barbecue materials, should be placed in a designated disposal facility. All materials must be completely extinguished prior to disposal. (Ord. 2380 § 1 (part), 2016: Ord. 1688 § 14 (part), 1990. Formerly 10.33.050).

10.33.050 Closing hours—Unlawful entry.

It is unlawful to enter or be in any park between the hours of ten p.m. and six a.m. of any day, unless such use has been otherwise permitted by the director. The director may establish special park closure hours, for specific parks or areas within parks, if the director determines that such special park closure hours are necessary or appropriate. Park closure hours and/or special park closure hours shall be indicated by appropriate signs. (Ord. 2380 § 1 (part), 2016: Ord. 1688 § 14 (part), 1990. Formerly 10.33.060).

10.33.060 Pets on city property and in public water facilities prohibited—Conditions.

Pets on city property such as a city park must be on an eight-foot or less leash unless in designated areas provided by the city of Centralia. Persons with pets in city parks must possess in a public park the equipment or material necessary to remove animal fecal matter when accompanying a pet. Persons with pets must remove animal fecal material when accompanying the pet and dispose of it in a proper location. Animals are not allowed within any pond, lake, fountain, stream, the train depot, Borst Park kitchen facilities, Wheeler Field, and the softball complex except approved service animals. (Ord. 2380 § 1 (part), 2016: Ord. 1688 § 14 (part), 1990. Formerly 10.33.070).

10.33.070 Discharge of firearms prohibited—Exception.

No person shall discharge any firearm, air gun, BB gun, slingshot, paintball gun, or any bow and arrow in a public park or discharge any such weapon in a public place, unless otherwise authorized as a part of an organized recreation program of the park and recreation department of the city or other public agency. Use of such firearms by law enforcement personnel is exempted. (Ord. 2380 § 1 (part), 2016: Ord. 2215 § 2, 2008: Ord. 2132 § 1, 2004: Ord. 1688 § 14 (part), 1990. Formerly 10.33.080).

10.33.080 Discharge of fireworks prohibited.

It is unlawful to shoot, fire or explode any fireworks, firecracker, torpedo or explosive of any kind in a city park. The director may issue a permit for use of fireworks in specified areas where fire hazards will not be increased and where the use of the fireworks will be under proper supervision, and fireworks displays may be permitted upon securing proper permit(s). (Ord. 2380 § 1 (part), 2016).

10.33.090 Feeding, harassing, injuring animals unlawful.

It is unlawful in any manner to purposely tease, annoy, disturb, harass, catch, injure, molest, or kill or to throw anything at or strike any animal, bird, or fowl within a park, or to feed any fowl or animal within any city park. City employees may remove fowl and animals determined to be pests. (Ord. 2380 § 1 (part), 2016: Ord. 1688 § 14 (part), 1990).

10.33.100 Solicitation and/or peddling unlawful—Exception.

It is unlawful to take up collections, or to act as or apply the vocation of solicitor or peddler within a park; provided, that it shall not be a violation of this section for a nonprofit or charitable organization or group to conduct a fundraising event in a park or facility under the control of the city’s parks and recreation department with the approval of the parks and recreation department. The ability of park patrons to visit park facilities or to use the nonreserved portions of the facility shall not be denied or conditioned upon the payment of a donation. (Ord. 2380 § 1 (part), 2016: Ord. 1848 § 41, 1995: Ord. 1688 § 14 (part), 1990).

10.33.110 Sound amplification prohibited without permit.

No person shall operate or use any loudspeaker or mechanical means of amplifying sound in any public park or public place without the prior written consent of the city council or its designated representative. (Ord. 2380 § 1 (part), 2016: Ord. 1688 § 14 (part), 1990).

10.33.120 Carnivals prohibited.

No person shall conduct any circus, carnival, or similar exhibition except as a part of an organized recreation program of the parks and recreation department. (Ord. 2380 § 1 (part), 2016: Ord. 1688 § 14 (part), 1990).

10.33.130 Watercraft prohibited—Exception.

No person shall have, keep, or operate any boat or other watercraft within the limits of any park or land the same at any point on the shore bordering any park except at places designated for such purpose or except in an emergency or special events with approval of the park director. (Ord. 2380 § 1 (part), 2016: Ord. 1688 § 14 (part), 1990).

10.33.140 Vehicle operations restricted.

No person shall ride or drive any bicycle, ATV, or motor vehicle over or through any public park or public place except along and upon public roads, streets, trails, or other designated areas therein or to operate any vehicle at a speed in excess of the posted speed limit. (Ord. 2380 § 1 (part), 2016: Ord. 1688 § 14 (part), 1990).

10.33.150 Sporting events restricted to designated areas.

No person shall practice or play golf, baseball, or other games of like character in any public park or public place except at places designated for such purposes. (Ord. 2380 § 1 (part), 2016: Ord. 1688 § 14 (part), 1990).

10.33.160 Impeding tree growth prohibited.

No person shall, without the written permission of the city council or its designated representative, place or maintain upon the ground in a public park or public place any stone, cement, or other substance which shall impede the free entrance of water and air to the roots of any tree planted in such public park or public place without leaving an open space of ground outside the trunk of said tree not less than four feet square. (Ord. 2380 § 1 (part), 2016: Ord. 1848 § 42, 1995: Ord. 1688 § 14 (part), 1990).

10.33.170 Interference with foliage management prohibited.

No person, firm, or corporation shall prevent, delay, or interfere with the employees of the city in the planting, pruning, spraying, or removing of trees, plants, or shrubs in a public park or a public place. (Ord. 2380 § 1 (part), 2016: Ord. 1688 § 14 (part), 1990).

10.33.180 Camp or camping at city parks or on city property—Prohibited.

A. The following definitions are applicable in this chapter unless the context otherwise requires:

1. “Camp” means use of camp paraphernalia for the purpose of temporary or permanent habitation or construction or use of camp facilities.

2. “Camp facilities” include, but are not limited to, tents, huts, lean-tos, tarpaulins, canvas, cardboard, corrugated tin, or other temporary shelters.

3. “Camp paraphernalia” means items that can be used for the purposes of habitation and include, but are not limited to, tarpaulins, cots, beds, sleeping bags, blankets, bedrolls, mattresses, hammocks, or cooking facilities or equipment.

4. “City property” means property owned by the city whether or not the property has a structure. City property includes any buildings on the property and adjacent grounds to those buildings owned or controlled by the city. City property includes, but is not limited to, parks, parking lots, the Centralia train depot, Centralia Library, and plazas in the city of Centralia, Washington.

5. “Public parks,” means and includes all the properties owned and controlled by the city and operated as parks and/or recreation facilities available for the use of the public.

B. Camping and Constructing Camp Facilities on City Property and City Parks Prohibited.

1. It shall be unlawful at all times to camp or construct camp facilities at or on the grounds of all city property and city parks.

2. No person shall be cited under this section unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that the conduct violates this section.

3. The city manager is authorized to allow persons to temporarily camp on city property in connection with a special event (i.e., STP) or an emergency that has been declared by the city council.

C. Camping or Parking Unlawful Except Where Designated. It is unlawful to camp or stay overnight or during the hours of ten p.m. to six a.m. in any vehicle, trailer, or recreational vehicle within a city park or within any city owned public parking lots. (Ord. 2380 § 1 (part), 2016: Ord. 1688 § 14 (part), 1990).

10.33.190 Groups or assemblies—Reservations.

City parks and recreational facilities shall be available for any group or assembly on a first come, first serve basis. Groups or assemblies calculated to attract a large number of people, relative to the size and capacity of the park or facility must, prior to the event, reserve the space by filling out an application from the parks and recreation department ten days prior to the event to reserve

the space. Approval may be conditioned as to the time and place of such assembly so as not to unreasonably interfere with other lawful activities within the park and subject to compliance with all park rules. (Ord. 2380 § 1 (part), 2016).

10.33.192 Sales unlawful without permit or concession contract.

It is unlawful to sell food, refreshments or merchandise within a city park from a fixed stand, table or booth without prior permits and approval from the parks and recreation department. (Ord. 2380 § 1 (part), 2016).

10.33.194 Fees for parks and programs.

A. The director shall have authority to establish fees for the use of parks and for participation in parks and recreational activities; provided, that such fees shall be based on the policies set forth in subsection (B) of this section.

B. The policies for setting fees authorized by this chapter are as follows:

1. It is the policy of the city to finance through its tax base a reasonable balance of parks and recreation services that meet the needs of the general citizenry. This financing should be directed to assure the overall administration and coordination of leisure services and for the provision of parks, open space, landscapes, parks improvements, recreation facilities, and their adequate maintenance.

2. As it relates to recreation activities, the city, through user fees and charges, may charge an amount to cover direct program costs for labor, leadership, supplies, materials, and service charges that benefit identifiable and specific groups, i.e., enrichment classes, sports leagues.

3. When the operation of facilities requires special operational costs involving materials, supplies, supervision, and services, additional fees may be appropriate. The fee amount will take into consideration the goal of making the facility self-supporting. (Ord. 2380 § 1 (part), 2016).

10.33.196 Smoking and tobacco use is prohibited.

Smoking and tobacco use is prohibited at Wheeler Field, the softball complex, on all park trails and within one hundred feet of park playgrounds, and within picnic shelters or public buildings. Smoking and tobacco use includes, but is not limited to, any tobacco product, such as cigarettes, cigars, pipe tobacco, snuff, tobacco pouches and chewing tobacco, as well as any device intended to simulate smoking, such as an electronic cigarette or personal vaporizer. (Ord. 2380 § 1 (part), 2016).

10.33.198 Alcoholic beverages in city public parks—Exception.

The sale, possession or consumption of alcoholic beverages, including unopened beverage containers, is prohibited in city public parks, facilities, and city owned property. Exception: With proper permits alcohol may be consumed by persons over the age of twenty-one in city kitchen facilities and the train depot only. (Ord. 2380 § 1 (part), 2016).

10.33.199 Additional regulations.

A. It is unlawful to operate any remote control and/or motorized model aircraft, rocket, watercraft, drone or similar device in any park, or to launch or land any hang glider or hot air balloon, except as may be permitted for public or private events under the order of the parks and recreation director or designee.

B. No person shall erect any portable tents, bounce houses or any other temporary structures that require ground anchoring without first receiving authorization from the parks and recreation director or designee.

C. No person shall park any vehicle or trailer in any park for the purposes of displaying of commercial or noncommercial signs or displaying such vehicles for sale. No person shall park any vehicle in any park for the principal purpose of washing, greasing, or repairing such vehicle except when repairs are necessitated by an emergency.

D. No person, firm or corporation shall use, place, or erect any placard, notice, sign, or device of any kind for advertising in any park or erect a structure of any kind in any park; provided, however, the city council or its designated representative may permit the erection of temporary directional signs, decorations, advertising signs, or temporary stands and buildings on occasions of group or public meetings, or for purposes of organized athletic events.

E. Shelter Decorations. Rentals/party decorations must be removed at the conclusion of each event and disposed of in the appropriate trash receptacles. (Ord. 2380 § 1 (part), 2016).

10.33.200 Violations.

Any person, firm, or corporation that knowingly violates or fails to comply with any section or provision of this chapter shall be guilty of the following:

A. If the first offense, a civil infraction with a maximum fine not to exceed two hundred fifty dollars, not including statutory assessments.

B. If the second or subsequent offense within one calendar year of a first offense, a misdemeanor subject to a fine not to exceed one thousand dollars, plus costs and assessments, imprisonment not to exceed ninety days, or both such fine and imprisonment. (Ord. 2537 § 1, 2023; Ord. 2380 § 1 (part), 2016: Ord. 1688 § 14 (part), 1990).

10.33.250 Exclusion from city park or facility.

A. Individuals or groups may be banned from using specific city parks or facilities for behavior or cause. Law enforcement officers, the parks and recreation director, or their designees may, by delivering a written notice in person or by certified mail, exclude an individual or group from a city park or facility for:

1. Violating any park rule, regulation, or standard of conduct adopted by the city; or

2. Violating any provision of the Centralia Municipal Code or Revised Code of Washington.

B. The individual or group need not be charged, tried, or convicted of any crime or infraction in order for an exclusion notice to be issued or effective. The exclusion notice may be based upon observations by law enforcement officers, the parks and recreation director, or other city employees or upon civilian reports that would ordinarily be relied upon by law enforcement to determine probable cause.

C. The exclusion notice shall be in writing and signed by the issuing individual and shall, at a minimum, contain: the date of issuance, the specific city parks or facilities from which the individual or group is excluded, and the duration of exclusion.

1. If the individual or group has not been excluded from any city park or facility by an exclusion notice within one year prior to the violation, then the individual or group shall be excluded from the city park or facility at which the current violation occurred for a period not to exceed one year from the date of the exclusion notice.

2. If the individual or group has been the subject of prior exclusion notices issued within one year of the current violation, then the individual or group shall be permanently excluded from any or all city parks from the date of the exclusion notice.

D. The individual or group receiving the exclusion notice may request an administrative review by the parks and recreation director or, if the notice was issued by the parks and recreation director, the city manager. Requests for administrative review shall be in writing and filed with the city clerk’s office within fifteen days after the notice was issued. All decisions by the parks and recreation director or city manager to uphold, modify, or rescind exclusion notices shall be final.

E. Any final decision of the parks and recreation director or city manager may be appealed as provided by law. (Ord. 2537 § 2, 2023).