Chapter 9.22
PARKS

Sections:

9.22.010    Tampering with watercraft unlawful.

9.22.020    Parks – Prohibited acts.

9.22.030    Posting signs, posters and notices.

9.22.040    Loudspeakers, amplified music and public address systems.

9.22.050    Prohibition of commercial activities in parks.

9.22.010 Tampering with watercraft unlawful.

It is unlawful for any person, other than the owner or his duly authorized representative to go upon, or into any rowboat, launch, sailing vessel, steamer or other watercraft of any nature or kind, or to interfere or tamper with, or to unfasten or release the same, while such boat, launch sailing vessel, steamer or other watercraft may be anchored or fastened at, to or near any dock, boathouse, buoy or in the waters of Lake Chelan, or the waters of the Chelan River within the corporate limits of the city without the consent of the owner thereof or his duly authorized representative. (Ord. 806 § 3 (part), 1987).

9.22.020 Parks – Prohibited acts.

It is unlawful for any person to do any of the following acts within any of the existing or future city parks, including, without limitation, Lakeshore Marina, Lakeshore RV Park, Don Morse Memorial Park, Lakeside Park, Pingrey Centennial Park, Gateway Park, Lake Chelan Municipal Golf Course, and Kent, Rainier and Utility Athletic Fields:

A. To damage, deface, mar, or destroy any park equipment or facility valued at less than two hundred fifty dollars.

B. To cut, damage, or destroy any park trees, shrubs, or plants, including grass, valued at less than two hundred fifty dollars, unless done so by authorized park personnel.

C. To scatter, leave, break or strew any bottles, glass, paper, garbage or debris, or throw the same into Lake Chelan from any park, dock, or facility, or deposit the same in any place other than designated trash receptacles provided for that purpose.

D. In the parks and the parking areas adjacent thereto, to consume any liquor, or to possess or exercise any control over a container of liquor, whether open or otherwise; provided, that these acts are permitted:

1. Within the boundaries of the designated campsites in Lakeshore RV Park;

2. Within the boundaries of the Lake Chelan Municipal Golf Course; and

3. Pursuant to a permit issued by the Washington State Liquor Control Board.

E. 1. Dogs and other animals are prohibited within the city’s parks, except as follows:

a. Dogs and other animals are permitted in city parks during the months of January; February; March; April; May, prior to Memorial Day weekend; September, after Labor Day weekend; October; November and December.

b. Dogs are permitted in the Lakeshore RV Park from Memorial Day through the first Friday prior to July 4th.

c. Dogs and other animals may be kept and maintained in areas within the city’s parks as discretionarily designated by the director of the parks and recreation department from time to time.

2. Any time dogs or any other animals are permitted in city parks, all such dogs or other animals must be on a leash as required in Chapter 6.05, as it exists now or is hereafter amended.

3. It shall be unlawful for the owner or person having charge of any dog or other animal to permit, either willfully or by failure to exercise due care, such animal to commit a public nuisance by defecating in any area of the city other than the premises of the owner or person having charge or control of the animal, unless said owner or person having charge takes immediate steps to remove and properly dispose of said feces.

4. It shall be unlawful for the owner or person having charge of any dog or other animal to take said dog or animal off the private property of said person without having, in the possession of the owner or person having charge of the dog or animal, a proper means of disposal for the feces of the dog or other animal.

5. “Disposal” is defined, for purposes of this section, as the removal of feces by means of a bag, scoop or other device and an eventual disposal at a trash receptacle, by burying or by other means of lawful disposal.

6. The provisions of this subsection shall not apply to blind persons who may use seeing eye dogs as guides.

7. A violation of this subsection shall be a civil infraction punishable by a monetary fine of up to one hundred dollars.

F. 1. To produce excessive noise which will tend to disturb the peace, quiet, and comfort of persons within, or inhabitants adjacent to, the city’s parks and facilities. The content of the sound will not be considered in determining a violation. The following acts shall be considered to be excessive noise, if the sound is clearly audible across a real property boundary, or at least fifty feet from the source:

a. Operating or playing, or permitting the operating or playing, of any audio equipment, television set, musical instrument and similar device, whether portable or stationary or mounted on or within a motor vehicle; or

b. Creating loud and raucous, and frequent, repetitive, or continuous sounds with the human voice.

2. To remain in any park after closing time. All parks will close at eleven p.m. each evening unless otherwise declared in writing by the park director.

3. To violate quiet hours in Lakeshore RV Park. Quiet hours shall commence at eleven p.m. each evening and continue until six a.m. the following morning.

G. To use, carry, or deposit any glass receptacle or container of any kind in or on the beach areas and children’s play areas of the parks.

H. To jump or dive into Lake Chelan from any bridge, walkway, seawall, tree, or other structure in Riverfront Park.

I. To solicit, promote, or engage in any private commercial enterprise without obtaining an appropriate license therefor from the city.

J. To moor watercraft for a period longer than three consecutive hours in other than designated marina facilities.

K. To camp overnight in any portion of any park without a parks department overnight camping receipt.

L. To start or maintain a fire, except in permanent park facilities provided for that purpose, or in a barbecue, hibachi, or other freestanding apparatus commonly used for outdoor food preparation purposes.

M. To operate a vehicle, as defined by Chapter 46.04 RCW, outside the designated parking areas and roadways. This prohibition shall not apply to vehicles operated on behalf of the city for purposes of maintaining and policing the city parks; provided, further, for purposes of this section, the exemption from licensing of the vehicles described in RCW 46.16.010(5) shall not apply.

N. Any violation of the provisions of subsections A and B of this section is a misdemeanor. The first violation of subsections C through N of this section is a civil infraction and may be punished by a fine or forfeiture of two hundred fifty dollars; a second offense may be punished by a fine or forfeiture of five hundred dollars; and a third offense is a misdemeanor. (Ord. 1473 § 2, 2014; Ord. 1419 § 2, 2011; Ord. 1414 § 1, 2010: Ord. 1406 § 1, 2010: Ord. 1388 § 3 (Exh. B), 2009: Ord. 1309 §§ 1, 2, 2005; Ord. 1297 § 1, 2005; Ord. 1145 § 1, 1999; Ord. 1046 §§ 1, 2, 1996; Ord. 1045 § 1, 1996; Ord. 989 §§ 1, 2, 1994; Ord. 810 §§ 1, 2, 1987; Ord. 806 § 3 (part), 1987).

9.22.030 Posting signs, posters and notices.

It is a misdemeanor for any person, without prior written permission from the city, to attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, railing, post or structure within any park. (Ord. 806 § 3 (part), 1987).

9.22.040 Loudspeakers, amplified music and public address systems.

The purpose of this section is to ensure that the general public can utilize the park facilities without undue disturbance. The use of loudspeakers, amplified music, and public address systems may be permitted in city parks, provided that the user obtains a valid permit for the use of the same in accordance with the procedures outlined in the following subsections. “Amplified music” shall not include normal radio play for personal use by groups of eight or fewer individuals.

A. Application Procedure. Individuals who desire to use loudspeakers, amplified music or public address systems in city parks shall make written application to the parks director in advance of the proposed use. The application form may be obtained from the parks director. The applicant shall indicate the park in which the use is desired, the desired date and time of the use, specifically outline the amplification equipment to be used, and any other information determined by the parks director to be significant in evaluating the application.

B. Parks Director Review. Upon receipt of an application for the use of loudspeakers, amplified music or public address systems, the parks director shall prepare a written report granting or denying the proposed use, the written report shall include findings of fact regarding anticipated park congestion in the desired park on the desired date of use, other loudspeaker, amplified music or public address system applications previously granted for the same park for the same day, the proposed time of use of the loudspeaker, amplified music, or public address system, previously planned functions or festivals planned for the same park for the same day, and any other factors that the parks director deems significant in the decision to grant or deny the application. The parks director shall provide a copy of the aforementioned report and decision to the applicant prior to the proposed date and time of the proposed use.

C. Penalty. The use of loudspeakers, amplified music or public address systems without a valid permit is a misdemeanor. (Ord. 809 § 1, 1987).

9.22.050 Prohibition of commercial activities in parks.

A. It is unlawful to conduct any of the following aspects of watercraft rental business within city parks, including but not limited to park parking lots and boat ramp areas:

1. Monetary transactions including transferring money in the form of cash, checks, money orders, credit card transactions and/or other legal tender for the rental of watercraft;

2. Execution of rental forms, releases, waivers, or other written material;

3. On-land instruction in the use or operation of rented watercraft;

4. Parking for the purpose of displaying the availability of watercraft for rent.

B. “Watercraft rental business” means any business offering watercraft for temporary use for a monetary fee. The term “watercraft” shall mean as the same is defined now or may hereafter be defined in Section 5.44.020.

C. It is unlawful to conduct any commercial activities in city parks without the prior authorization of the city.

D. “Commercial activities” means any portion of any business activity involving the purchase or sale of goods or services.

E. Commercial activity conducted as authorized by the city shall not be deemed in violation of this section. Such authorized commercial activity may include, but is not limited to, commercial activity conducted pursuant to a city concession and lease agreement and/or authorized use of a watercraft rental business staging area.

F. Violations, Penalties and Enforcement. Except as otherwise expressly provided, any violation of this chapter shall be enforced according to the uniform procedures set out in Chapter 2.80. (Ord. 1502 § 4 (Exh. E), 2015: Ord. 1250 § 1, 2002).