Chapter 12.10
PARK REGULATIONS
Sections:
12.10.020 Liberal construction.
12.10.045 Government sponsored or co-sponsored events in city parks.
12.10.050 Prohibited activities.
12.10.060 Regulation of vehicles.
12.10.080 Violation – Penalty.
12.10.010 Title.
This chapter shall constitute the park code of Edgewood and may be cited as such. Conduct in all public parks shall be subject to all the general regulations of this code and not exclusively to the provisions of this chapter. (Ord. 19-565 § 1 (Exh. A)).
12.10.020 Liberal construction.
This chapter is an exercise of the police power of the state of Washington, and of the city of Edgewood, for the public peace, health, safety and welfare, and its provisions shall be liberally construed. (Ord. 19-565 § 1 (Exh. A)).
12.10.030 Established.
There is established in the city of Edgewood a park and playground system for public recreational purposes. The public works director or designee shall coordinate and direct the city park and playground system. (Ord. 19-565 § 1 (Exh. A)).
12.10.040 Definitions.
The terms used in this chapter, unless clearly contrary to or inconsistent with the context in which used, shall be:
A. “Aircraft” shall mean any machine designed to travel through the air, whether heavier or lighter than air, airplane, dirigible, balloon, helicopter, etc. The term “aircraft” shall not include paraglider or remote-controlled aircraft.
B. “Animal” means any nonhuman mammal, bird, waterfowl, reptile, or amphibian.
C. “Department” means the city of Edgewood public works department.
D. “Director” means the city of Edgewood public works director or designee.
E. “Drones” refers to all types of unmanned aircraft systems (UAS) as defined by the Federal Aviation Administration (FAA) and includes any aircraft that is operated without the possibility of direct human intervention from within or on the aircraft and associated elements.
F. “Facilities” means any equipment, building, structure, roadway, trail, path, or area operated by the city of Edgewood public works department.
G. “Geocache” shall mean geocaches, letterboxes, and related activities. Geocaching is an outdoor treasure hunting game in which participants (called “geocachers”) use a global positioning system receiver or other navigational techniques to hide and seek containers (called “geocaches” or “caches”).
H. “Paraglider” shall mean an unpowered ultralight vehicle capable of flight, consisting of a fabric, rectangular or elliptical canopy or wing connected to the pilot by suspension lines and straps, made entirely of nonrigid materials except for the pilot’s harness and fasteners. The term “paraglider” shall not include hang gliders or parachutes.
I. “Park” means and includes all parks, squares, drives, community centers, recreation centers, trails, linear corridors, parkways, boulevards, boat-launching ramps, beaches, playfields, and recreation areas and facilities comprising the parks and recreation system of the city and under the management and control of the department.
J. “Permit” means any and all permits, licenses, or approvals required by federal or state law, or required by city ordinance or the public works department.
K. “Person” means all natural persons, firms, partnerships, entities, corporations, clubs and all associations or combinations of persons whenever acting for themselves or through an agent, servant or employee.
L. “Personal watercraft” means a vessel of less than 16 feet that uses a motor powering a water jet pump as its primary source of motive power and that is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind, the vessel, rather than in the conventional manner of sitting or standing inside the vessel.
M. “Pet” means a tamed or domesticated animal legally retained by a person and kept as a companion. “Pet” does not include livestock raised for commercial purposes. See RCW 9.08.065.
N. “Recreational vehicle” means a vehicle/trailer unit, van, pickup truck with camper, motor home, converted bus or any similar type vehicle which contains sleeping and/or housekeeping accommodations.
O. “Remote controlled aircraft” means non-peopled model aircraft and other unmanned aircraft systems, including those commonly known as “drones” that are flown by using internal combustion, electric motors, elastic tubing, or gravity/wind for propulsion. The flight is controlled by a person on the ground using a handheld radio-controlled transmitter.
P. “Trail” means:
1. Any way identified as a “trail” or “path” at paved or graded prepared entrance points; or
2. Any way that is not marked as a parking area or highway as defined in RCW Title 46; or
3. Any way not of sufficient width or grading to permit its safe use by standard passenger automobiles moving in both directions simultaneously along its entire length.
Q. “Vehicle” includes every device capable of being moved upon a public highway or city street and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway or city street. For the purposes of this chapter, this includes recreational vehicles, motorized foot scooters, electric personal assistive mobility devices, snowmobiles and other non-licensed vehicles.
R. “Vessel” means any watercraft used or capable of being used as a means of transportation on the water.
S. “Watercraft” means any floating device, powered by internal combustion engine, wind or human power, capable of traveling on or under water.
T. “Wildlife” means all species of animal that exist in a wild state. See RCW 77.08.010. (Ord. 19-565 § 1 (Exh. A)).
12.10.045 Government sponsored or co-sponsored events in city parks.
A. Events in city parks sponsored or co-sponsored by the city or other government agency may be approved by the director without obtaining a temporary use permit pursuant to EMC 18.50.070; provided the following criteria are met:
1. The sponsor and/or co-sponsor of the event provides the city with at least 30 days’ advance written notice of intent to hold the event, listing the location, date, time, general description of the event, anticipated number of attendees, and anticipated impact on traffic, parking, police and fire services;
2. Any noncity sponsors and/or co-sponsors sign an indemnification agreement with the city, agreeing to defend, indemnify and hold harmless the city, its officers, employees and agents, for any and all suits, claims, or liabilities caused by or arising out of the event;
3. The event will not cause unreconcilable interference with previously approved and/or scheduled construction, maintenance or other activities;
4. The event is open to the general public and has a demonstrated benefit to the community and/or is a community heritage event;
5. The event will not constitute a public nuisance, endanger the public health or safety, or endanger public property;
6. The event, as proposed, can be shown to function safely;
7. The diversion of police and fire resources to support the event, if any, will not deny reasonable police and fire protection to the city;
8. All other provisions of this chapter are met.
B. The director will approve or deny the request in writing at least 15 days prior to the proposed date of the event. The director may impose conditions on the event, including, but not limited to: reasonable adjustments in the date, time, route or location of the proposed event; accommodations of pedestrian or vehicular traffic and parking; insurance coverage; compliance with health and sanitary regulations; emergency services; and security. The director’s decision may be appealed to the mayor within five days of issuance. The mayor’s decision shall be final.
C. For purposes of this section, “sponsor” or “co-sponsor” means the person or group responsible for the event to be held. (Ord. 24-662 § 1 (Exh. A)).
12.10.050 Prohibited activities.
The following activities are unlawful within city parks:
A. Designated Activity Areas. Unless within an area designated with appropriate signage, no person shall:
1. Skateboard or sailboard; or
2. Operate a motorized foot scooter, or any other unlicensed motorized vehicle; or
3. Launch watercraft from any shoreline; or
4. Moor or secure any watercraft or vessel. If said watercraft or vessel impedes the launching or recovering of other vessels or is moored/secured between the hours of sunset to sunrise, it may be subject to immediate removal at the registered owner’s expense.
B. Wildlife. No person shall:
1. Intentionally feed, attract or artificially sustain wildlife; or
2. In any manner tease, annoy, disturb, molest, catch, injure or kill, or throw any stone or missile of any kind at, or strike with any stick or weapon, any animal; or
3. Allow his/her pet to pursue, harass, attack or kill wildlife; or
4. Give, offer or attempt to give to any animal any tobacco, drink or other article known to be noxious to animals.
C. Destruction of and Interference with Park Property. No person shall:
1. Cut, remove, damage, destroy, mutilate, mark, or deface any turf, tree, plant, shrub, flower, structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, utility system, irrigation system, facilities, or other property;
2. Use, place, or erect any signboard, sign, billboard, bulletin board, post, pole or device of any kind;
3. Attach any notice, bill, poster, sign, wire, rod or card to any tree, shrub, railing, post or structure;
4. Erect a structure of any kind; or
5. Jump from any bridge or trestle.
D. Trash, Litter or Waste. No person shall:
1. Leave, deposit, drop or scatter bottles, broken glass, ashes, wastepaper, cans or other rubbish except in a garbage can or other receptacle designated for such purposes;
2. Deposit any household or commercial garbage, refuse, waste or rubbish which is brought from any private property in any garbage can or other receptacle designated for such purpose;
3. Drain or dump refuse or waste from any vehicle except in designated disposal areas or receptacles; or
4. Blow, spread, or place any nasal or other bodily discharge, or spit, urinate, or defecate on the floors, walls, partitions, furniture, fittings, or any portion of any park or facility, except directly into the particular fixtures provided for that purpose.
E. Pollution. No person shall pollute or in any way contaminate by dumping or otherwise depositing therein any waste or refuse of any nature, kind or description, including human waste or bodily waste, in any stream, river, lake or other body of water running in, through or adjacent to any park.
F. Cleaning Articles, Fish, Animals, or Vehicles. No person shall:
1. Wash any clothing or other articles for personal or household use; or
2. Clean fish or other food; or
3. Clean or wash any dog or other animal; or
4. Clean or wash any vehicle.
G. Fireworks. No person shall possess, discharge, set off or cause to be discharged in or into any park, any firecracker, torpedo, rocket, firework, explosive or other substance harmful to the life or safety of persons or property. Legal fireworks as part of a permitted function which are licensed and in compliance with state regulations may be discharged in a manner meeting all safety requirements if handled by a licensed professional and authorized by the director.
H. Guns and Other Weapons. No person shall:
1. Discharge across, in or into any park a firearm, air or gas weapon, or any device capable of jeopardizing, injuring or killing any person or animal or damaging or destroying any public or private property; or
2. Display, discharge or propel across, in or into any city park area, a bow and arrow, spear, spear gun, harpoon, or 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; or
3. Participate or engage in archery, paintballing or survival games in any city park.
I. Noise. No person shall make any public disturbance noise or public nuisance noise as defined in Chapter 8.20 EMC.
J. Disturbances. Disorderly conduct, as defined in RCW 9A.84.030, or conduct with the intent to obstruct pedestrian or vehicular traffic, or which otherwise impedes or disturbs park personnel in the performance of their duties or which impedes or disturbs the general public in the use and enjoyment of the park areas, is prohibited. Acts authorized as an exercise of one’s constitutional rights to picket or to legally protest, and acts authorized by a permit issued by the city, shall not constitute obstruction of pedestrian or vehicular traffic.
K. Playing Games under Certain Circumstances. No person shall:
1. Play games and conduct general horseplay on crowded swimming beaches in a manner which endangers the safety of the public or park, or which unreasonably disturbs the general public in the use and enjoyment of the park areas; or
2. Practice or play golf, baseball, cricket, lacrosse, polo, archery, hockey, tennis or other games of like character or hurl or propel any missile except at places designated for such purposes by the director or designee and only in a manner which does not endanger the safety of the public or park, or unreasonably disturb the general public in the use and enjoyment of the park areas; or
3. Place geocaches in any city park.
L. Alcohol, Intoxication. No person shall possess, display or open and/or consume alcoholic beverages or be intoxicated while in, remaining in or loitering about any city park.
M. Pets. EMC Title 6 shall apply to animals in city parks in addition to the following regulations. In the event of any conflicts between EMC Title 6 and this chapter, the more restrictive provision shall apply. No person shall bring or allow a pet or animal into a city park unless all of the following conditions are met:
1. All pets or animals must be kept under physical control, on a leash no greater than eight feet in length, or otherwise physically restrained, at all times.
2. Pets and animals shall not be allowed to dig or otherwise disturb or damage the natural or cultural features. Owners of pets or other animals that damage or destroy park property will be held liable for the full value of the property damaged or destroyed in addition to impounding fees and the penalty imposed for violation of these provisions.
3. No person shall allow their pet or animal to bite or in any way molest or unreasonably annoy other park visitors. No person shall permit their pet or animal to act in a manner which unreasonably disturbs the peace and tranquility of the park.
4. Any person bringing in a pet or animal to a park area shall have in their possession the equipment necessary to remove their animal’s fecal matter, contain the feces in an appropriate container or sack, and dispose of the feces in a solid waste container.
5. Pets and animals are not permitted on any designated swimming beach or in any public building unless authorized by the director or designee; provided, that this section shall not apply to guide or service animals.
6. No horses shall be permitted in any park except where designated and posted to specifically permit such activity, unless authorized by the director or designee.
7. No person shall ride any horse or other animal in such a manner that might endanger life or limb of any person or animal, and no person shall allow a horse or other animal to stand unattended or insecurely tied.
N. Fire. Except in designated park areas, permanently installed barbeques or grills, all fires are prohibited, including portable units using flammable materials.
O. Ice. No person shall go out onto ice in or from any park. This includes ice on lakes, ponds, wetlands, streams, rivers, and other natural bodies of standing water.
P. Other. Unless otherwise authorized pursuant to a valid permit, license or other government approval, no person shall do the following within any city park:
1. Fly aircraft, drones, model aircraft, model rockets, or hot air balloons; or
2. Parachute, hang-glide, or parasail; or
3. Sell refreshments or merchandise, or engage in any other business or occupation; or
4. Hold any organized runs, walks, races, trials, or competitions; or
5. Hold any shows, festivals, fund raisers, carnivals, parades, or similar activities; or
6. Engage in disaster drills; or
7. Knowingly move on a trail other than by human power, horse power, or electronically powered wheelchair, unless otherwise designated. City-owned vehicles and authorized emergency vehicles as defined by RCW 46.04.040 are exempt from this subsection. Movement on the trail for the sole purpose of crossing the trail when such movement is made in the most direct and safe manner possible is exempt from this subsection. (Ord. 22-633 § 4 (Exh. B); Ord. 19-565 § 1 (Exh. A)).
12.10.060 Regulation of vehicles.
A. Parking. No operator of any vehicle or trailer shall enter any park or park such vehicle or trailer in any park unless the operator is using the area for an authorized designated recreational purpose. It is unlawful to park any vehicle or trailer in any area of a park not designated for parking, or in violation of signs or pavement markings, or where prohibited by signs or pavement markings, except with the permission of the director or designee. No person shall park, leave standing or abandon a vehicle or trailer in any park after closing time except with permission from the director or designee. Any vehicle or trailer found parked in violation of this section may be cited and/or towed away at the owner’s or operator’s expense.
B. Operation. No person shall operate any vehicle in any park unless such park facility has been specifically designated and posted for such use. Subject to the provisions of this chapter, no person shall operate a vehicle within the boundaries of a park except on roads, streets, highways, parking lots or parking areas; provided, that traveling upon such roads, streets, highways, parking lots or parking areas has not been prohibited by proper posting.
C. Speed. No person shall drive a vehicle within any park at a speed greater than 10 miles per hour unless otherwise posted, having due regard for the traffic and the surface and width of the travel way, and in no event at a speed which endangers the safety of persons, property or wildlife.
D. It is unlawful to enter or leave a park by other than established entrances and exits.
E. The servicing of vehicles within a park is prohibited, including, but not limited to, oil changes.
F. It is unlawful to engage in, conduct, or hold any trials or competitions for speed, endurance, or hill climbing involving any vehicle.
G. Except where specifically amended by this chapter, all vehicle regulations contained in the Edgewood Municipal Code or the Revised Code of Washington shall apply to all roads, highways, parking lots, or parking areas within city of Edgewood parks. (Ord. 19-565 § 1 (Exh. A)).
12.10.070 Park hours.
In parks which are controlled by gates or other devices, normal park hours are as posted. No person shall remain in or enter a park outside posted park hours. In other areas without posted hours, no person shall be present, nor shall vehicles be allowed to remain parked in park facilities, from one half hour after sunset until sunrise. (Ord. 19-565 § 1 (Exh. A)).
12.10.080 Violation – Penalty.
The city adopts the procedure in Chapter 7.80 RCW for the enforcement of civil infractions within a city of Edgewood park. The director or designee and the city of Edgewood police department are authorized and directed to enforce the provisions of this chapter. In addition to the penalties outlined herein, every person failing to comply with any provision of this chapter while in a city of Edgewood park may be subject to immediate ejection from the park area. The penalties for specific civil infractions and other violations shall be as follows:
A. Violation of EMC 12.10.060 (“Regulation of vehicles”) is a traffic infraction and shall be punished as a class 4 civil infraction, which is a monetary fine of $25.00, not including statutory assessments.
B. Violations of EMC 12.10.050(A) (“Designated Activity Areas”), (F) (“Cleaning Articles”), (K) (“Playing Games”), (N) (“Fire”) and (O) (“Ice”), and 12.10.070 (“Park hours”) shall be punished as a class 4 civil infraction, which is a monetary fine of $25.00, not including statutory assessments.
C. Violations of EMC 12.10.050(B) (“Wildlife”) shall be punished as set forth in Chapter 77.15 RCW.
D. A person violating EMC 12.10.050(D) and (E) on trash, litter, waste and pollution shall be punished as set forth in RCW 70.93.060, which imposes fines and litter cleanup restitution.
E. Violations of EMC 12.10.050(I) (“Noise”) shall be punished as set forth in Chapter 8.20 EMC.
F. Violations of EMC 12.10.050(J) (“Disturbances”) shall be punished as a misdemeanor, and upon conviction shall pay a fine of not more than $1,000 and/or imprisonment for a term not exceeding 90 days, or by both such fine and imprisonment.
G. Violations of EMC 12.10.050(G) (“Fireworks”) shall be punished as set forth in RCW 70.77.485 and 70.77.488 (gross misdemeanor).
H. Violations of EMC 12.10.050(L) relating to controlled substances under RCW 69.50.401, as provided in RCW 69.50.435(1)(e), shall be punished as set forth in Chapter 69.50 RCW.
I. Violations of EMC 12.10.050(H)(1) (“Guns and Other Weapons”) shall be as provided in RCW 9.41.230(1)(c), a gross misdemeanor punishable under Chapter 9A.20 RCW, although no injury results. If an injury results from a violation of RCW 9.41.230(1), the penalty shall be as provided in the applicable provisions of Chapters 9A.32 and 9A.36 RCW.
J. Violations of EMC 12.10.050(M) (“Pets”) shall be enforced by the city’s animal control authority, as designated under EMC Title 6.
K. Every person who violates any of the provisions of this chapter not specifically identified in subsections (A) through (J) of this section shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not more than $1,000 and/or imprisonment for a term not exceeding 90 days, or by both such a fine and imprisonment. (Ord. 22-633 § 4 (Exh. B); Ord. 19-565 § 1 (Exh. A)).