Chapter 12.24 PARKS*

"Camping" means erecting a tent or shelter or arranging bedding or both for the purpose of, or in such a way as will permit, remaining overnight; or parking a trailer, van, recreational vehicle, bus, camper, or other vehicle for the purpose of remaining overnight.

"City" means the city of Colfax, Washington.

"Department" means the city of Colfax parks division.

"Department employee" means a duly appointed city of Colfax parks division employee.

"Director" means the city administrator or designee who is anticipated to be the director of the parks department.

"Facility" or "facilities" means any building, equipment, sign, material, shelter, swimming pool, or other physical park property including but not limited to administered trees, shrubs, plants, lawns, play equipment, benches, tables, picnic areas, athletic fields, trails, or parking and pedestrian areas (including curbs, sidewalks and driveways or internal roads) for motor vehicles, persons or structures owned or controlled by the city of Colfax.

"Motor vehicle" means any self-propelled device capable of being moved upon a road, and in, upon, or by which any persons or property may be transported or drawn, and shall include, but not be limited to, automobiles, trucks, motorcycles, motor scooters, jeeps or similar-type four-wheel-drive vehicles, and snowmobiles, whether or not they can be legally operated upon the public highways.

"Open space, trails or parks," collectively referred to as "city parks," means any recreation or similar real property under the ownership, management, or control of the city.

"Person" means any individual, group, firm, partnership, corporation or club.

"Special event" means:

1. Any activity of a temporary nature on public property which affects the ordinary use of public rights-of-way, public parking lots, public parks, intersections, sidewalks or streets, or which would significantly impact the need for city-provided emergency services such as police, fire or medical aid, for purposes which include, but are not limited to, parades, walks/runs, street dances, fundraisers, sales, auctions, bikeathons, shows or exhibitions, filming/movie events, carnivals, circuses, car shows, horse shows, fairs and block parties, or other activity, demonstration or exhibition; or

2. Any activity, function, or event, which is open to the general public, where one hundred or more people are estimated to attend; or

3. A private event; or

4. An event in which the organizer needs equipment supplied or reorganized.

"Trail" means any path, track, or right-of-way designed for use by pedestrians, bicycles, or other nonmotorized modes of transportation. (Ord. 15-10 §1 (Exh. 2) (part)).

12.24.020 Purpose.

The city of Colfax city parks, including facilities and programs of the department, are established and maintained by the city for public recreation purposes. (Ord. 15-10 §1 (Exh. 2) (part)).

12.24.025 Hours of operation.

Hours of city parks shall be established and published by the director. (Ord. 15-10 §1 (Exh. 2) (part)).

12.24.030 Facility and outdoor field lights.

Use of facilities Sunday through Thursday shall cease at ten p.m. unless otherwise approved by the director.

Use of facilities on Fridays or Saturdays shall cease at eleven p.m. unless otherwise approved by the director. (Ord. 15-10 §1 (Exh. 2) (part)).

12.24.040 Special event permits.

A special event permit is required before the occurrence of a special event for the following situations:

A. Exclusive use of any part of a specific facility.

B. Events that will involve alcohol.

C. Reserving any portion of a facility and/or park for future use.

D. An event in which the organizer needs park equipment supplied or reorganized.

Where appropriate, special conditions for the event will be established by the department and included in the permit. The department reserves the right to cancel a permit for good cause. If reasonably possible, notice of cancellation shall be given at least twenty-four hours in advance of the event.

The fee for a special event permit is determined in Section C of the city of Colfax fee schedule adopted by city council yearly. Payments of such fees will be required before permits are issued.

A cancellation or denial of a special event permit may be appealed to the city council by filing a written appeal with the city clerk within ten days of the date of the decision. Upon such appeal, the city council may reverse, affirm or modify the department’s decision. (Ord. 15-10 §1 (Exh. 2) (part)).

12.24.050 Special event permit required.

A special event permit shall be required prior to conducting a special event unless specifically exempted. Any and all other state, federal, and/or local permits required to operate the special event must be obtained prior to operation. (Ord. 15-10 §1 (Exh. 2) (part)).

12.24.052 Permit revocation or suspension.

The special event permit issued under this chapter is temporary and vests no permanent rights in the applicant, and may be immediately revoked or suspended by the director if:

A. The applicant has made a misstatement of material fact in the information supplied;

B. The applicant has failed to fulfill a term or condition of the permit in a timely manner;

C. The applicant requests the cancellation of the permit or cancels the event (fees not refunded if cancellation is given less than twenty-four hours from the start of the event);

D. The activity endangers or threatens persons or property, or otherwise jeopardizes the health, safety or welfare of persons or property;

E. The activity conducted is in violation of any of the terms or conditions of the special event permit;

F. An emergency or occurrence requires the cancellation or termination of the event in order to protect the public health or safety.

The city shall refund the permit fee in the event of revocation caused by an emergency or supervening occurrence. A full refund of the event fee will be given when cancelled more than twenty-four hours from the event start date and time. All other refunds shall be at the discretion of the director. (Ord. 15-10 §1 (Exh. 2) (part)).

12.24.053 Grounds for denial.

Approval of a special event permit may be denied or revoked if the director reasonably determines that:

A. The proposed event would endanger public health or safety.

B. The proposed event would seriously inconvenience or impair the general public’s use of public property, services or facilities.

C. The proposed event interferes with another event for which a permit has previously been granted.

D. The proposed event would interfere with any construction or maintenance work scheduled to take place upon public property or right-of-way.

E. The purpose of the event is to incite crime or the overthrow of the government by force. (Ord. 15-10 §1 (Exh. 2) (part)).

12.24.054 Appeals.

An applicant may appeal the decision on a special event permit application within fourteen days of the date of the issuance of the determination or enforcement notification. An applicant appealing the director’s decision on a park use permit shall be charged an appeal fee. The fee shall be refunded to the applicant if the appeal is upheld. The mayor or his/her designee shall hear any appeals. (Ord. 15-10 §1 (Exh. 2) (part)).

12.24.056 Liability.

The provisions of this chapter shall not be construed as relieving or limiting in any way the responsibility or liability of any person, business or organization using park property or a park facility under the jurisdiction of the city of Colfax for personal injury or property damage resulting from the use, authorized or unauthorized, of park property or park facilities. Nor shall it be construed as imposing on the city or its officers or employees any responsibility or liability by reason of the approval or disapproval of a park use permit under the provisions of this chapter. (Ord. 15-10 §1 (Exh. 2) (part)).

12.24.060 Sale of goods or services.

The sale of goods or services in city parks or facilities shall be allowed only through written agreement with the city or by permit issued by the department. A permit fee will be charged in accordance with the annual fee schedule adopted by the city council. The park board, and in the case of McDonald Park, the McDonald Park steering committee must approve vendors which want to vend in city parks. (Ord. 15-10 §1 (Exh. 2) (part)).

12.24.070 Rules governing use of city parks and facilities.

A. Camping. No person shall camp in any city park or facility, unless in a specially designated area or via obtaining a permit from City Hall. A permit fee will be charged in accordance with an annual fee schedule adopted by city council.

B. Fires. No person shall ignite or maintain any fire or participate in igniting, maintaining or using any fire within open space, trail or park or facility except in a designated barbecue unit or in a designated fire pit unless authorized by the director or designee.

C. Food Waste, Washing of Clothes or Animals. No person shall clean fish, or other food, or wash any clothing or other articles for personal or household use, or any dog or other animal except at designated areas.

D. Game Fish. All laws, rules and regulations of the State Game Commission relating to season limits and methods of fishing are applicable to fishing for game fish in park areas. No person may fish for or possess any fish taken from any river, lake, pond, stream or other body of water which is posted with a sign prohibiting fishing.

E. Littering. Littering in city parks and facilities is not permitted. All waste and garbage shall be disposed of in a garbage can or other receptacle designed for such purpose.

F. Motor Vehicles on Park Property. No person shall operate any motor vehicle on open space, trail or park property unless such area has been specifically designated and posted for such use. No person shall operate a motor vehicle within the boundaries of a city park except on roads, streets, highways, parking lots, parking areas, or where otherwise permitted by posted notice. This subsection shall not apply to emergency, maintenance or authorized vehicles.

G. Motor Vehicles--Parking. No operator of any motor vehicle, trailer, camper, boat trailer, or other vehicle shall park such vehicle in any city park or facility except where the operator is using the area for the designated recreational purpose and the vehicle is parked either in the designated parking area, or in another area with the permission of the department. No person shall park, leave standing, or abandon a vehicle in any facility after closing time except persons using park facilities as part of an event authorized by the department. Any vehicle found in violation of this subsection may be towed away at the owner’s expense. This subsection shall not apply to maintenance and emergency vehicles or vehicles authorized by the department.

H. Motor Vehicles--Speed Limits. No person shall drive a motor vehicle within any city park or facility at a speed greater than posted, having due regard for traffic, surface and width of the road, and in no event at a speed which endangers the safety of persons, property, or wildlife.

I. Pets.

1. Dogs or other pets or domestic animals must be kept on a leash no greater than fifteen feet in length, and under control at all times.

2. Any person whose dog or other pet is in any open space, trail or park area shall be responsible for the conduct of the animal and for removing feces deposited by such animal.

3. No person shall allow his or her dog or other pet or domestic animal to bite, disturb or harass any facility users, wildlife or other pets. No person shall permit his or her dog or other pet or domestic animal to bark or make noise continuously or otherwise unreasonably disturb the peace and tranquility. No person shall permit dogs, pets or domestic animals to damage, destroy or remove park vegetation.

J. Presence in City Facilities When Closed. No person shall enter or be present in facilities when closed except persons using facilities as part of an event authorized by the department.

K. Skateboards and Rollerblades--In Designated Areas Only. No person shall be permitted to skateboard or rollerblade in park facilities unless otherwise designated by the department.

L. Sound Amplification. No person shall use, operate or play in a city park any radio, tape player, disc player, television, musical instrument, record player or any other machine or device producing sound at a volume that is audible at a distance of over thirty feet therefrom except pursuant to a permit issued by the department.

M. Swimming. Swimming shall only be permitted in posted areas.

N. Trail Use.

1. For the purposes of this subsection, "trail use" shall be construed to include all forms of movement or transportation on a trail, including but not limited to foot, bicycle, horse, skateboard, rollerskates and rollerblades.

2. Trail use is open to all nonmotorized users unless otherwise designated and posted. Trail use restrictions may be posted at park entrances, trailheads or, in some cases, on individual trails.

3. Every person traveling on a trail shall obey the instructions of any official traffic control device or trail sign unless otherwise directed.

4. No motorized vehicles shall be allowed on city trails. For the purposes of this subsection, "motorized vehicles" means any form of transportation powered by an internal combustion or electric motor. This includes but is not limited to motor vehicles, golf carts, mopeds and all-terrain vehicles. This subsection shall not apply to wheelchairs powered by electric motors, or authorized maintenance, police or emergency vehicles.

O. Trespassing. No person except an authorized city employee, or other person duly authorized, shall enter or go upon any area or facility which has been designated and posted as a "No Admittance" or "No Trespassing" area or during any time when the park is closed to the public.

P. Alcohol Consumption. No person shall knowingly allow, conduct, hold, maintain, or consume alcohol in city parks or facilities without first obtaining a permit from the department.

Q. Designated Areas. The city council shall, through resolution, designate specific areas in city parks and facilities where alcohol may be consumed after obtaining an alcoholic beverage permit.

R. Application for Alcoholic Beverage Permit. Application for permits shall be in writing and filed with the department. The application shall be filed no less than ten days prior to the gathering at which alcoholic beverages will be consumed. Fees for such permits shall be established by council resolution. The department shall prescribe the form of the application, which shall include name and age of applicant, public place where permit is to be used, type of activity, date of activity, measures to control the consumption of alcoholic beverages and such other matters as deemed appropriate by the department.

The director shall review and either approve or deny the application within five days from receipt. The director may impose reasonable conditions upon the permit. A denial by the director may be appealed to the mayor within ten days from the date of the denial.

S. Damage to Property. No person shall remove, damage, or destroy any area in a city park or facility.

T. Damage to Wildlife. Except for fishing and shellfishing in authorized areas and subject to rules promulgated by the Washington State Fish and Wildlife Commission, it is unlawful in any park to capture, attempt to capture, tease, annoy, disturb, or strike any bird or animal, or to throw or otherwise propel any object at or in the vicinity of any bird or animal.

U. Firearms, Weapons.

1. No person except duly authorized law enforcement personnel shall possess a bow and arrow, crossbow, or air or gas weapon in a city park or facility. No person shall discharge across, in, or onto any facility a firearm, bow and arrow, crossbow, air or gas weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property. This subsection shall not apply where the department issued a special event permit for such activity.

2. Possession of firearms in any stadium or facility, operated by the city, county, or other municipality, is prohibited except that such restrictions shall not apply to:

a. Any pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or

b. Any showing, demonstration, or lecture involving the exhibition of firearms.

V. Fireworks. No person shall possess, discharge, or cause to be discharged, in any city park or facility, any firecracker, torpedo, rocket, firework, explosive, or similar device unless so authorized by the department.

W. Interference with Trails. No person shall place, deposit, or otherwise locate any object, structure or device, whether natural or artificial, that threatens or endangers any trail, or that threatens or endangers any person traveling thereon.

X. Outside Household or Commercial Waste. No person shall bring in or deposit household or commercial garbage, refuse, waste, or rubbish, which is brought in such form from any private property, in any city park or facility garbage can or other receptacle.

Y. Removal of Property. No person shall remove any city property from a city park or facility without the permission of the department.

Z. Solicitation. No person shall solicit, sell, or peddle any goods, services, food or drink, or distribute or post any handbills, circulars, or signs, or use any loudspeaker or other amplifying device, in any city park, except by contract or by permit issued by the department.

AA. Waste from Vehicles. No person shall drain or dump refuse or waste from any trailer, camper, automobile or other vehicle in any city park or facility unless in a designated area. (Ord. 15-10 §1 (Exh. 2) (part)).

12.24.080 Violation--Penalty.

Any person violating any provision of Section 12.24.030, 12.24.040, 12.24.050, 12.24.060, or 12.24.070 shall have committed a civil infraction punishable by a fine set forth in the yearly fee schedule adopted by city council. (Ord. 15-10 §1 (Exh. 2) (part)).

12.24.082 Exclusion from city parks.

A. Notification of Exclusion. In addition to other penalties that may be imposed by law for the violation of the posted rules and regulations and/or the commission of other offenses in city parks, city police officers and the director, or his/her designee, are authorized to exclude from city parks an individual who they have probable cause to believe has committed a crime or infraction while in a city park. The notice of exclusion shall be in writing and shall inform the affected person of the reason for the exclusion, referencing a police report incident number is sufficient, the period of exclusion, and that failure to comply with the notice of exclusion shall be grounds for criminal prosecution. Service of the notice of exclusion may be accomplished by personal service or by mailing a copy, addressed to the person’s last known address, by certified and regular United States mail. Unless otherwise specified on the notice, the period of exclusion shall take effect immediately upon actual or constructive receipt of the notice by the person being excluded. A person may not defeat the effectiveness of a notice of exclusion by refusing to accept the notice. Receipt of the notice of exclusion is construed to have been accomplished five days after the notice is placed in the U.S. mail. Failure to immediately comply with a notice of exclusion may subject the violator to prosecution for criminal trespass.

B. Appeal. A person who has been excluded from city parks, as described in subsection A of this section, may submit a written request for a review of the exclusion. The request must be postmarked by the United States Postal Service or received by the city clerk within ten calendar days after the effective date of the exclusion. Upon receiving a timely request, the mayor shall conduct a hearing in which the city may present evidence supporting the exclusion, including but not limited to evidence that the notice of exclusion procedures were followed, and that at the time of the exclusion there was probable cause to believe a crime or infraction was committed in a city park by the excluded individual. The excluded party may present evidence as to why the exclusion was improper or should be reduced in time. This may be done by phone or in person at a time and location determined by the appointed hearings examiner. Within ten calendar days following the hearing, the appointed hearings examiner shall issue a written decision affirming, modifying or terminating the exclusion. The appointed hearings examiner’s decision shall be final.

C. Savings. If any section, subsection, paragraph, sentence, clause or phrase of this section is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this section. (Ord. 15-10 §1 (Exh. 2) (part)).

12.24.090 Rules and policy.

The city administrator or designee may develop rules, policies and forms to implement this chapter. All adopted rules, policies and forms shall be filed with the city clerk. (Ord. 15-10 §1 (Exh. 2) (part)).

12.24.100 Lease of park property and facilities.

A. All lease agreements shall be prepared and maintained in accordance with the following procedures.

B. All long-term users of park property and park facilities shall enter into a lease agreement with the city with such lease agreements to be maintained on file at the city of Colfax City Hall and the parks and recreation department under the supervision of the parks and recreation director or his or her designee.

1. A lease agreement shall not exceed a maximum of five years, except that investments in park property and/or structures in excess of fifty thousand dollars, as approved by the city council, may be authorized for a longer term.

2. Lease fees for use of a park property and/or facilities shall be at a rate to be determined by the city council. (Ord. 15-10 §1 (Exh. 2) (part)).

12.24.110 Parks maintenance and operations.

Parks maintenance and operations shall be conducted by the public works department of the city of Colfax or its authorized agent under the supervision of the city administrator or his or her designee. (Ord. 15-10 §1 (Exh. 2) (part)).

12.24.120 Volunteers.

Volunteer groups or organizations are encouraged to assist the city in the improvement and/or maintenance of its park property and/or park facilities. Such assistance may be on a one-time, annual or ongoing basis. The director or his/her designee shall coordinate and oversee all park volunteer improvement projects. (Ord. 15-10 §1 (Exh. 2) (part)).

12.24.130 Donations.

Donations by individuals, groups or organizations are encouraged to assist the city in the improvement and/or enhancement of its park property and/or park facilities. Such donations may include monetary donations and/or in-kind services or materials. The director or his/her designee shall oversee all park related donations and applicable policies. The city council shall make the final decision on the installation of any permanent improvement not identified in the park donation policy. (Ord. 15-10 §1 (Exh. 2) (part)).

12.24.140 Park master plan standards.

A. Rules and regulations may be developed in conjunction with specific park master plans that may result in additional rules and regulations on the use and enjoyment of specific park properties and/or facilities. The standards contained within this chapter should therefore be viewed as the minimal parks rules and regulations applicable to all park facilities and properties.

B. Park master plans and the standards contained therein shall be reviewed for any necessary changes or updates on a scheduled basis to be determined by the director, parks board and/or city council.

C. The Park Master Plan 2015 is hereby adopted by the Colfax city council for park and recreation system planning purposes. (Ord. 15-25 §1; Ord. 15-10 §1 (Exh. 2) (part)).

12.24.150 Naming of park facilities.

Naming of park facilities shall be based on a recommendation from the parks board to the city council. The parks advisory board shall either identify the name of a park or facility through a regularly scheduled meeting or will conduct a public hearing on the matter based on a determination by the parks board that such a hearing is warranted. (Ord. 15-10 §1 (Exh. 2) (part)).

12.24.160 Disposition of fee moneys.

All such fees collected from the use of the concession stand, soccer fields, baseball fields and picnic areas, and revenues derived from cellular towers sited in city parks, shall be paid into a restricted fund used solely for park facilities’ operations and maintenance and/or park facilities’ improvements. (Ord. 15-10 §1 (Exh. 2) (part)).