Chapter 12.36
PARKS
Sections:
12.36.040 Violation – Penalty.
12.36.010 Reservations.
Any person 18 years of age or older may reserve a portion of any Colville city park for private use at such time and upon such terms as set by the mayor or park department. Reservations may be made by contacting the park department. (Ord. 1589 NS § 1, 2017; Ord. 1336 NS § 1, 2005).
12.36.020 Nonpermitted uses.
The following acts shall be deemed nonpermitted uses of any Colville city park and subject the violator(s) to the penalties specified below:
A. No person is allowed to start or maintain a fire anywhere in any Colville city park except in the barbeque pits, fire rings and portable barbeques designed for such purposes without the express written consent of the mayor or park department.
B. No alcoholic beverages or containers shall be allowed in any Colville city park except as permitted under Washington State liquor licensing.
C. Except for city work equipment and emergency vehicles, no motorized vehicles, motorized bicycles, motorized scooters or any other motorized conveyances, except those necessary for handicapped access, shall be allowed in any Colville city park except on designated roads and parking areas without the express written consent of the mayor or park department.
D. No peddlers are allowed to remain in any Colville city park without obtaining a peddler’s permit from the city treasurer’s office.
E. Except for city workers, police and emergency personnel, no person shall enter or remain within the limits of any Colville city park from 11:00 p.m. to 5:00 a.m. without the express written consent and upon such terms as shall be set by the mayor or park department.
F. No animals shall be allowed in any Colville city park except on leash and while under the control of a handler. Each handler shall carry equipment to remove any feces or other contamination left by an animal in his or her control. Park employees may enforce this section by asking the handler to either comply with the rule or leave the park.
G. Except for city workers, police and emergency personnel, no person shall enter or remain within the limits of the Keller Heritage Park and Museum located at 700 North Wynne Street from 8:00 p.m. to 8:00 a.m. April 1st through October 31st without the express written consent and upon such terms as shall be set by the mayor.
H. Except for city workers, police and emergency personnel, no person shall enter or remain within the limits of the Keller Heritage Park and Museum located at 700 North Wynne Street from 3:00 p.m. to 9:00 a.m. November 1st through March 31st without the express written consent and upon such terms as shall be set by the mayor.
I. Smoking-Free and Vaping-Free Areas.
1. The following areas in parks are to be smoking-free and vaping-free: toilets, concession stands, game courts, bleachers, dugouts, and playground areas and a 25-foot buffer around these restricted areas.
2. The following areas in parks are to be smoking-free and vaping-free: swimming pool and splash pad, and a 100-foot buffer around these restricted areas.
3. The following parks are to be entirely smoking-free and vaping-free: Heritage Park and Keller Heritage Park and Museum.
4. Signs shall be appropriately posted.
J. Definitions.
1. “Smoke” or “smoking” means the carrying or smoking of any kind of listed pipe, cigars, cigarette or any other lighted smoking equipment.
2. “Vaping” means the use of a vaping device or inhaling of vapor or aerosol from vaping device.
3. “Vaping device” means any device that employs a battery or other means to heat or aerosolize a solution, steam stones or substance to produce a vapor or aerosol intended for inhalation: including any electronic cigarettes, electronic nicotine delivery systems, electronic cigars, electronic cigarillos, electronic pipes, vape pens, hookah pipes or similar devices.
K. Events shall follow Chapter 70.160 RCW, Smoking in Public Places. Signs restricting smoking and vaping shall be posted as required. This includes beer gardens, vending booths and other defined areas of use.
L. The sale, distribution or discharge of any fireworks is strictly prohibited in the parks. Specific exceptions may be allowed if preauthorized by the city in conjunction with a special event taking place in the park.
M. Using any vehicle or any motorized conveyance within the boundaries of the parks and outside designated parking areas, except those necessary for disabled person access. Exceptions may be allowed if preauthorized by the city in conjunction with a special event taking place in the park.
N. Drugs are prohibited. Profane language and/or other objectionable conduct may result in barred use of facilities.
O. No one is allowed to negligently or knowingly endanger oneself or endanger any other person. (Ord. 1640 NS § 1, 2019; Ord. 1595 NS § 1, 2017; Ord. 1589 NS § 1, 2017; Ord. 1336 NS § 2, 2005).
12.36.030 Parks designated.
For use and enforcement of this chapter, the following shall be deemed to be covered and considered a Colville city park:
A. Angus McDonald Park – Corner of North Main and 7th Avenue East;
B. Cel Chout Park/Rotary Field – 307 West Columbia Avenue;
C. Dean Vaagen Memorial Park – 117 South Silke Road;
D. Dominion Park – 1118 Southeast Park Drive;
E. Downtown Park/City Hall – 170 South Oak;
F. Yep Kanum City Park – 356 East Dominion;
G. Keller Heritage Park and Museum – 700 North Wynne.
H. Heritage Court – Main and Astor. (Ord. 1595 NS § 2, 2017; Ord. 1336 NS § 3, 2005).
12.36.040 Violation – Penalty.
A. A violation of any portion of this chapter shall constitute an infraction and shall be punishable as follows:
1. First infraction: $50.00.
2. Second infraction for the same offense: $75.00.
3. Third infraction for the same offense: $250.00 and criminally trespassed from all Colville city parks.
B. In addition to the penalties listed in subsection (A) of this section, the city may have people removed from city parks, and enforce the provisions of CMC 12.36.020 as follows:
1. Any person violating the provisions of CMC 12.36.020, and failing to vacate park premises after direction from a uniformed officer of the city of Colville police department, shall be considered a trespasser and subject to all laws of the state of Washington pertaining thereto.
2. Upon referral by the chief of police, the city council may limit access to city park premises to a person reasonably believed to have caused damage to city property, violated the provisions of this chapter, broken a park rule, or to any person convicted of a crime involving an unlawful use of the city park or unlawful activity occurring within the park. In either case, the period of non-use of the park may extend for one year or the period of active supervision of the person convicted, whichever is longer. A person whose access to the park has been limited pursuant to this section shall have 30 days from the date of notification of city council action to appeal the decision to city council. The hearing shall be scheduled at the next available city council meeting, and the council shall hear and decide the appeal based on evidence produced by the chief of police and the affected party. (Ord. 1641 NS § 2, 2019).