Chapter 9.06
PARK CODE

Sections:

9.06.010    Short title.

9.06.015    County parks – Designated.

9.06.020    Definitions – Grammatical construction.

9.06.030    Signs and structures prohibited – Exceptions.

9.06.040    Vandalism prohibited.

9.06.050    Animals not to run at large – Harassment prohibited – Physical restraint required.

9.06.060    Weapons and explosives prohibited.

9.06.065    Fireworks prohibited – Exceptions.

9.06.070    Animals not to be disturbed.

9.06.080    Soliciting contributions prohibited – Noise regulations.

9.06.085    Park hours – Exceptions.

9.06.090    Sale of merchandise on park property restricted.

9.06.120    Vehicles restricted – Speed limit – Parking.

9.06.130    Camping restricted.

9.06.150    Littering prohibited.

9.06.160    Testing motor vehicles prohibited.

9.06.170    Various competitions prohibited.

9.06.180    Fires restricted.

9.06.190    Alcohol prohibited.

9.06.200    Unlawful acts.

9.06.210    Persons liable.

9.06.220    Violation – Described.

9.06.230    Notice of infraction – Issuance – Determination – Form.

9.06.240    Notice of infraction – Response – Hearing.

9.06.250    Hearing – Generally.

9.06.260    Hearing – Form – Evidence – Determination.

9.06.270    Hearing – Mitigating circumstances – Procedures.

9.06.280    Penalty.

9.06.290    Violation of promise to respond to notice of infraction – Misdemeanor.

9.06.900    Authority – Liberal construction.

9.06.905    Severability.

9.06.910    Effective date.

Cross-references:
RCW 36.68.080: Violation of park rules a misdemeanor.

9.06.010 Short title.

This chapter shall constitute the “Park Code” of Cowlitz County and may be cited as such. [Ord. 924,* § 1, 6-28-66.]

*Codifier’s note: There also exists a “resolution” numbered 924, dated 6-28-66, dealing with unrelated matter.

9.06.015 County parks – Designated.

The list of properties designated as county parks and undeveloped properties which are subject to the Cowlitz County Park Code shall be as follows:

A. Riverside Park;

B. Willow Grove Beach;

C. County Line Park (that portion within Cowlitz County);

D. SRS Viewpoint;

E. Cook Ferry Road Properties;

F. Coweeman Property;

G. Harry Gardner Park. [Res. 08-040, 4-1-08; Res. 95-128, 9-18-95.]

9.06.020 Definitions – Grammatical construction.

A. The terms used herein, unless clearly contrary to or inconsistent with the context in which used, shall be construed as follows:

“Director” means the Director of the Cowlitz County Department of Parks and Recreation.

“Park” means each county park so designated by resolution of the Board of County Commissioners. Each park consists of the property on which the park is established and all property contiguous thereto owned by Cowlitz County.

“Park Board” means the Cowlitz County Park and Recreation Board.

B. Wherever consistent with the content of this chapter, words in the present, past, or future tenses shall be construed to be interchangeable with each other, and words in the singular number shall be construed to include the plural. [Ord. 88-098, § 1, 6-27-88; Ord. 924, § 4, 6-28-66.]

9.06.030 Signs and structures prohibited – Exceptions.

It is unlawful to use, place or erect any signboard, sign, billboard, bulletin board, post, pole or device of any kind for advertising in any park; or to attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, railing, post or structure within any park without the written consent of the Director. [Ord. 88-098, § 2, 6-27-88; Ord. 924, § 5, 6-28-66.]

9.06.040 Vandalism prohibited.

It is unlawful to remove, destroy, mutilate or deface any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, shrub, tree, fern, plant, flower, lighting system, or sprinkling system or any other property lawfully in any park. [Ord. 924, § 6, 6-28-66.]

9.06.050 Animals not to run at large – Harassment prohibited – Physical restraint required.

It is unlawful to allow or permit any animal to run at large or to harass any person or other animal within any park. All animals must be under the direct physical restraint and control of a responsible person. [Ord. 88-098, § 3, 6-27-88; Ord. 924, § 7, 6-28-66.]

9.06.060 Weapons and explosives prohibited.

It is unlawful to shoot, fire or explode any firearm, torpedo or explosive of any kind or to shoot or fire any air gun, B.B. gun or to use any slingshot in any park. [Ord. 88-098, § 4, 6-27-88; Ord. 924, § 8, 6-28-66.]

9.06.065 Fireworks prohibited – Exceptions.

No person shall possess or discharge fireworks within any park, except under the following circumstances: (1) the fireworks are “common fireworks”; (2) the fireworks are possessed and/or discharged only during the period of time specified in RCW 70.77.395 as now or hereafter amended; and (3) the fireworks are possessed and/or discharged only within areas designated by the Park Board. As used herein, the terms “fireworks” and “common fireworks” have the same meaning as in Chapter 70.77 RCW, as now or hereafter amended. [Ord. 88-098, § 5, 6-27-88.]

9.06.070 Animals not to be disturbed.

It is unlawful in any manner to tease, annoy, disturb, molest, catch, injure or kill or to throw any stone or missile of any kind at or strike with any stick or weapon any animal. [Ord. 88-098, § 6, 6-27-88; Ord. 924, § 9, 6-28-66.]

9.06.080 Soliciting contributions prohibited – Noise regulations.

No person shall solicit contributions within any park without a permit from the Director. No person within a park shall operate or use any electronic amplifier, musical instrument, radio, stereo, television, or other sound-emitting device at such a volume as would unreasonably annoy or disturb any other park visitor or any person outside the park. [Ord. 88-098, § 7, 6-27-88; Ord. 924, § 10, 6-28-66.]

9.06.085 Park hours – Exceptions.

No person or vehicle shall remain in any park during closed hours except in designated camping or fishing areas or by written permit from the Director. Park closed hours shall be from 10:00 p.m. until dawn. [Ord. 88-098, § 8, 6-27-88.]

9.06.090 Sale of merchandise on park property restricted.

It is unlawful to sell refreshments or merchandise on any park property without the written permission of the Park Board, or a concession contract with the Board of County Commissioners. [Ord. 5222, § 11, 5-12-77; Ord. 924, § 11, 6-28-66.]

9.06.120 Vehicles restricted – Speed limit – Parking.

It is unlawful to ride or drive any bicycle, motorcycle, or motor vehicle over or through any park except along and upon the park drives, parkways, park boulevards and bicycle paths; or at a speed in excess of 15 miles per hour; or to stand or park any vehicle, except in areas designated by the Board. Vehicles which are not licensed for use on public highways are prohibited from being operated within any park. [Ord. 88-098, § 9, 6-27-88; Ord. 924, § 14, 6-28-66.]

9.06.130 Camping restricted.

It is unlawful to camp in any park except at places set aside for such purposes by the Park Board and so designated by signs. [Ord. 88-098, § 10, 6-27-88; Ord. 924, § 15, 6-28-66.]

9.06.150 Littering prohibited.

It is unlawful to throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk or advertising matter in any park or to deposit any such material therein, except in designated receptacles. [Ord. 924, § 17, 6-28-66.]

9.06.160 Testing motor vehicles prohibited.

It is unlawful to operate any motor vehicle or motorcycle for the purpose of testing it, or ascertaining its fitness for service, along or upon any park drive, parkway or park boulevard. [Ord. 924, § 18, 6-28-66.]

9.06.170 Various competitions prohibited.

It is unlawful to engage in, conduct, or hold any trials or competitions for speed, endurance or hill climbing involving any vehicle, boat, aircraft or animal in any park without a permit from the Park Board. [Ord. 88-098, § 11, 6-27-88; Ord. 924, § 19, 6-28-66.]

9.06.180 Fires restricted.

It is unlawful to build any fires in any park except in areas designated by the Park Board. [Ord. 88-098, § 12, 6-27-88; Ord. 924, § 20, 6-28-66.]

9.06.190 Alcohol prohibited.

It is unlawful to bring into or consume in any park any whiskey, wine, beer or other intoxicating liquors. [Ord. 924, § 21, 6-28-66.]

9.06.200 Unlawful acts.

It is unlawful to violate any park rule or regulation duly adopted and posted by the Park Board. [Ord. 88-098, § 13, 6-27-88; Ord. 924, § 22, 6-28-66.]

9.06.210 Persons liable.

Anyone concerned in the violation of this chapter, whether directly committing the act or omitting to do the thing constituting the offense, or who aids or abets the same, and whether present or absent; and anyone who directly or indirectly counsels, encourages, hires, commands, induces, or otherwise procures another to commit such offense, is and shall be a principal under the terms of this chapter and shall be proceeded against and prosecuted as such. [Ord. 924, § 23, 6-28-66.]

9.06.220 Violation – Described.

Any violation of any provision of this chapter is a civil infraction, unless otherwise stated, and shall be processed as provided in CCC 9.06.230 through 9.06.290; provided, that any violation of a rule or regulation relating to traffic, including parking, standing, stopping, and pedestrian offenses is a traffic infraction, except that violation of a rule or regulation equivalent to those provisions of RCW Title 46 set forth in RCW 46.63.020 is a misdemeanor; provided further, that any violation of any provision relating to vandalism or the possession, transportation, or consumption of any intoxicating liquor is a misdemeanor. [Ord. 88-098, § 14, 6-27-88; Ord. 5222, § 24, 5-12-77; Ord. 924, § 24, 6-28-66.]

9.06.230 Notice of infraction – Issuance – Determination – Form.

A. A notice of infraction may be issued by any law enforcement officer.

B. A notice of infraction represents a determination that an infraction has been committed. The determination will be final unless contested as hereafter provided.

C. The form for the notice of infraction shall include the following:

1. A statement that the notice represents a determination that an infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter;

2. A statement that an infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction;

3. A statement of the specific infraction for which the notice was issued;

4. A statement of the monetary penalty established for the particular infraction;

5. A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;

6. A statement that at any hearing to contest the determination the county has the burden of proving, by a preponderance of the evidence, that the infraction was committed, and that the person may subpoena witnesses including the officer who issued the notice of infraction;

7. A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction, the person will be deemed to have committed the infraction and may not subpoena witnesses;

8. A statement that the person must respond to the notice as provided in this chapter within 15 days;

9. A statement, which the person shall sign, that the person promises to respond to the notice of infraction in one of the ways provided in this chapter;

10. A statement that failure to respond to a notice of infraction as promised is a misdemeanor and may be punished by a fine or imprisonment in jail or both. [Ord. 88-098, § 15, 6-27-88.]

9.06.240 Notice of infraction – Response – Hearing.

A. Any person who receives a notice of infraction shall respond to such notice as provided in this section within 15 days of the date of the notice.

B. If the person determined to have committed the infraction does not contest the determination, the person responds by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the Cowlitz County District Court. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the Court records.

C. If the person determined to have committed the infraction wishes to contest the determination, the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the Cowlitz County District Court. The Court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be sooner than seven days from the date of the notice, except by agreement.

D. If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction, the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the Cowlitz County District Court. The Court shall notify the person in writing of the time, place, and date of the hearing.

E. If any person issued a notice of infraction:

1. Fails to respond to the notice of infraction within 15 days as required by this section; or

2. Fails to appear at a hearing requested pursuant to subsection C or D of this section, the Court shall enter an appropriate order assessing the monetary penalty prescribed for the infraction. [Ord. 88-098, § 16, 6-27-88.]

9.06.250 Hearing – Generally.

A. Infractions under this chapter shall be heard and determined by the Cowlitz County District Court.

B. Procedures in the Cowlitz County District Court for infractions under this chapter shall conform generally to those followed for traffic infractions under Chapter 46.63 RCW. The Justice Court Traffic Infraction Rules (JTIR) shall, to the extent they are not inconsistent with this chapter, apply to cases under this chapter, subject to the following:

1. All nomenclature in the JTIR that refers specifically to traffic infractions shall be understood as referring to infractions under the Cowlitz County Park Code;

2. References in the JTIR to provisions of Chapter 46.63 RCW or other statutes shall be understood as references to the analogous provisions of the Park Code;

3. Provisions in the JTIR relating to the Department of Licensing are deleted; and

4. The following portions of the JTIR are deleted: Rules 2.1(a), 4.1, 4.2, 6.2, 6.3, 6.4, and 6.5.

C. Any person subject to proceedings under this chapter may be represented by counsel.

D. An attorney representing the county may, but is not required to, appear at any infraction proceedings under this chapter. [Ord. 88-098, § 17, 6-27-88.]

9.06.260 Hearing – Form – Evidence – Determination.

A. A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without a jury.

B. The Court may consider the notice of infraction and any other written report made under oath submitted by the officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the officer’s personal appearance at the hearing. The person named in the notice may subpoena witnesses, including the officer, and has the right to present evidence and examine witnesses present in the Court.

C. The burden of proof is upon the county to establish the commission of the infraction by a preponderance of the evidence.

D. After consideration of the evidence and argument the Court shall determine whether the infraction was committed. Where it has not been established that the infraction was committed, an order dismissing the notice shall be entered in the Court’s records. Where it has been established that the infraction was committed an appropriate order shall be entered in the Court’s records. [Ord. 88-098, § 18, 6-27-88.]

9.06.270 Hearing – Mitigating circumstances – Procedures.

A. A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that an infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances.

B. After the Court has heard the explanation of the circumstances surrounding the commission of the infraction an appropriate order shall be entered in the Court’s records.

C. There may be no appeal from the Court’s determination or order. [Ord. 88-098, § 19, 6-27-88.]

9.06.280 Penalty.

A. A person found to have committed an infraction shall be assessed a monetary penalty not to exceed the following amounts:

1. First infraction, $75.00;

2. Second infraction, $150.00;

3. Third and subsequent infractions, $300.00.

B. There shall be a penalty of $25.00 for failure to respond to a notice of infraction. This penalty is in addition to any other that may be imposed under this chapter.

C. Whenever a monetary penalty is imposed by a court under this chapter it is immediately payable. Willful failure to pay the penalty shall be a misdemeanor. [Ord. 88-098, § 20, 6-27-88.]

9.06.290 Violation of promise to respond to notice of infraction – Misdemeanor.

Any person willfully violating a written and signed promise to respond to a notice of infraction pursuant to this chapter shall be guilty of a misdemeanor regardless of the disposition of the notice of infraction; provided, a written promise to appear in court or to respond to a notice of infraction may be complied with by an appearance by counsel. Failure to sign a notice of infraction is a misdemeanor. [Ord. 88-098, § 21, 6-27-88.]

9.06.900 Authority – Liberal construction.

This chapter is hereby declared to be an exercise of the police power of the State of Washington and Cowlitz County for the public peace, health, safety, and welfare, and its provisions shall be liberally construed. [Ord. 924, § 2, 6-28-66.]

9.06.905 Severability.

If any part, provision or section of this chapter is held to be void or unconstitutional, all other parts not expressly so held shall continue in full force and effect. [Ord. 924, § 3, 6-28-66.]

9.06.910 Effective date.

This chapter shall be in full force five days from its date of passage. [Ord. 924, § 26, 6-28-66.]