Chapter 2.34
PARKS AND RECREATION FACILITIES RULES AND REGULATIONS

Sections:

2.34.040    City council policy.

2.34.060    Policy for naming of public parks, features within parks and recreational facilities.

2.34.080    Repealed.

2.34.120    Repealed.

2.34.160    Rules and regulations.

2.34.200    User classifications.

2.34.240    Fees and charges.

2.34.280    Events or activities requiring city approval.

2.34.300    Alcohol policy for city facilities.

2.34.320    Waiver of fees.

2.34.340    Refund policy.

2.34.350    Penalties.

2.34.040 City council policy.

It is the policy of the city council of the city of Ellensburg to permit the use of city facilities by individuals or community groups as much as possible within the rules and regulations governing the use of city-owned facilities. [Ord. 3391 § 1, 1983.]

2.34.060 Policy for naming of public parks, features within parks and recreational facilities.

A.    General Naming Criteria. The consideration of naming of public parks, recreational facilities, and features within a park or recreational facility shall be primarily given to:

1.    Geographic or neighborhood location.

2.    Historical or cultural significance.

3.    Natural or geographic features.

4.    An individual who has performed outstanding civic service for the betterment of the community and/or the park system.

a.    Park and recreation facilities should not ordinarily be named for living persons except under the following conditions:

i.    The individual has provided exceptional service to the city of Ellensburg. This service should be of substantial length and leadership.

ii.    The individual’s accomplishments must have had a measurable effect upon the quality of life within the community, and be directly related to parks and recreation.

b.    Park and recreation facilities may be named for a deceased person subject to the following conditions:

i.    The person has been deceased a minimum of two years; or

ii.    The person made a significant direct financial contribution for the development or construction of, or provided land for, a park or recreational facility; and

iii.    The proposal meets the approval of the individual’s surviving spouse, children, or parents.

5.    An organization which has donated a significant parcel of property or facility, or has provided a majority of the financing for the acquisition of the park or facility. Also, an organization that provides for significant development of a park and/or elements within a park may receive secondary name recognition as outlined in the selection process.

6.    Conditions and stipulations of original property donation or deed shall be honored regarding name of a park or recreational facility.

B.    Procedure.

1.    Suggestions for names for any park, recreation and public facilities will be solicited from neighborhood residents, citizens, employees and/or organizations. All suggestions, solicited or not, will be forwarded to the parks and recreation commission for review, consideration and recommendation.

2.    The name recommended by the parks and recreation commission, along with the commission’s reasons supporting its recommendation, will be forwarded to the city council for final action. Council may accept, reject, modify or decline to act upon the commission’s recommendation.

3.    Following council approval of the park, recreation, or facility name, the city or other responsible party will identify the facility with appropriate signage, specifying the name.

C.    Selection Process.

1.    Confusion should be minimized by avoiding names that are similar to those of existing parks and recreational facilities, or geographic areas which are so broad that they could encompass many sites.

2.    Once a name has been approved, it should be considered permanent.

3.    All portions of the park or facility will have, as a general rule, the same name as the entire park or facility. However, elements within a park or facility may be named separately as long as the name does not detract from the intended identity of the park or facility.

4.    Memorials may be dedicated under the following conditions:

a.    The memorials are appropriate for a park setting.

b.    The city may, but is not obligated to, replace memorials.

c.    The parks and recreation commission shall review and recommend to the council the style, size and placement of all plaques, markers and memorials.

D.    Renaming of Parks and Recreation Facilities.

1.    The renaming of parks and facilities is strongly discouraged. It is recommended that efforts to change a name be subject to the most critical examination so as not to diminish the original justifications for the name or discount the value of the prior contributors.

2.    Parks named by deed restriction are not subject to renaming.

3.    Parks and facilities named after individuals should never be changed unless it is found that the individual’s personal character is or was such that the continued use of their name for a park or facility would not be in the best interest of the community. [Ord. 4418 § 1, 2005.]

2.34.080 Permits required.

Repealed by Ord. 4795. [Ord. 3391 § 2, 1983.]

2.34.120 Application procedure.

Repealed by Ord. 4795. [Ord. 3391 § 3, 1983.]

2.34.160 Rules and regulations.

A.    No alcoholic beverages shall be allowed, unless authorized and approved under the provisions of ECC 2.34.300.

B.    It is unlawful to remove, destroy, mutilate, or deface any structure, monument, statue, wall, fence, railing, shrub, tree, plant, flower, lighting system, or irrigation system, or other property lawfully in any park.

C.    Any time a recreational facility is used for any purpose other than a directly sponsored recreation department activity, an employee of the recreation department and/or an employee of another city department (except police/fire) may be required to be present. A fee for supervision based on the current hourly rate of the supervisor of the event shall be paid by the individual or group permittee.

D.    When the event requires a police officer(s), the current hourly rate shall be paid by the individual or group to whom the permit was issued. The chief of police, or his designee, shall determine the number of officers needed, if any.

E.    Golfing is prohibited in city parks.

F.    Motor vehicles shall be restricted to developed roads and designated parking lots.

G.    No livestock shall be permitted in any developed city park; provided, however, that horses shall be allowed on the John Wayne Pioneer Trail Reconnection Route and within Irene Rinehart Riverfront Park except for in the vicinity of the beach, the lake or grass picnic areas.

H.    Pets shall be on a leash and pet owners shall be required to clean up after their pets. With the exception of service animals, pets shall not be allowed in the developed grass areas of Irene Rinehart Riverfront Park or designated city athletic fields.

I.    It is unlawful to throw or deposit any refuse or other material in any park, except at designated receptacles, or to take garbage or refuse generated outside a park to a park for disposal. Whenever litter dumped in violation of this chapter contains three or more items bearing the name of one individual, there shall be rebuttable presumption that the individual whose name appears on such items committed the unlawful act of littering as provided in Chapter 5.48 ECC.

J.    No overnight camping or parking is allowed in any park without prior written permission and subject to such conditions as may be issued by the department director, or his/her designee.

K.    No discharging of firearms or hunting is allowed.

L.    Barbecue fires are permitted in designated areas only.

M.    No person shall use, operate, or play in any park any machine or device producing sound or noise which unreasonably disturbs or interferes with the peace, comfort or repose of others.

N.    No fishing shall be permitted in ponds of Irene Rinehart Riverfront Park from May 15th to September 15th.

O.    The city skateboard park facility shall be closed between dusk and 8:00 a.m. and, during the closed period, persons are prohibited from using either facility.

P.    Inflatable amusement devises such as inflatable slides, inflatable rock climbing walls, inflatable bounce houses, and other inflatable structures are prohibited in park facilities unless the activity is part of a city sponsored event.

Q.    It is unlawful to erect any signboard, sign, advertising, decoration, or similar structure on or in any park property, including city maintained landscape nodes, without the permission of the parks and recreation director or his/her designee.

R.    No person shall operate in any park any model airplane, boat, car, craft, or other similar device that is powered by an internal combustion engine, remote control, or other similar or electrical power source, except in an area and at such times as designated for such use by the director.

S.    All parks shall be closed between the hours of 10:00 p.m. and 5:00 a.m. unless otherwise provided and posted by the city parks and recreation department. It is unlawful for any persons or vehicles to enter or be in any park between the stated hours unless written permission is granted by the department director or his/her designee. [Ord. 4834 § 1, 2019; Ord. 4700 § 1, 2015; Ord. 4566 § 6, 2010; Ord. 4515 § 2, 2008; Ord. 4102, 1997; Ord. 3541 § 1, 1986; Ord. 3496 § 1, 1985; Ord. 3472 § 1, 1985; Ord. 3436 § 2, 1984; Ord. 3391 § 4, 1983.]

2.34.200 User classifications.

The following classifications shall apply for the purpose of determining fees and charges:

A.    Classification A. Activities and meetings that are sponsored or co-sponsored by the city of Ellensburg.

B.    Classification B. Activities and meetings that are organized, promoted, conducted and/or sponsored by nonprofit groups, whether or not structured as “nonprofit organizations”; provided, that no charges made or other form of compensation is required as a condition of admission to such activity or meeting.

C.    Classification C. Activities and meetings that are organized, promoted, conducted and/or sponsored by organizations or individuals who intend to use such facility for financial gain of any kind including fund-raising activities. Events involving the retail sales of merchandise (excluding fund-raising sales) shall first require city council approval. [Ord. 3391 § 5, 1983.]

2.34.240 Fees and charges.

A. Sports Activity Fees.

 

Daily Class

Fee

Deposit

Organized sports activities using park facilities

Youth team (18 and under)

A-B-C

$20.00 per team per season

 

Adult team

A-B-C

$50.00 per team per season

 

Baseball/softball

A-B-C

$200.00/ tournament

$100.00

Tournament field

Over 10 teams

(Youth and charitable purpose exempt from additional team cost.)

(Fee does not include infield maintenance.)

 

$20.00/each for each team over 10

 

Upper Carey Lake

 

$25.00 per day

 

Lighting per field

B-C

$5.00 per hour

 

Lighting whole complex

B-C

$8.00 per hour

 

B. Picnic Shelter Rental Rates. Park picnic shelters. Permittee shall have exclusive use of immediate pavilion area, tables and barbeque grill(s) only. Other areas of the park remain open to the public (four-hour maximum).

Number of People

Duration of Rental

Rates

1 – 50

4-hour block

$31.50

51 – 100

4-hour block

$42.00

101 – 200

4-hour block

$63.00

201+

4-hour block

$78.75

C. Parks Grounds Fees. Fees shall be charged for renting unsheltered portions of city parks for private functions and shall be charged at the same rates as set forth for picnic shelter rental rates.

D. Adult Activity Center Fees.

Classifications:

A City-sponsored senior activities or free, broad-based community events with wide interest and involvement, e.g., a public forum, nonprofit community festival.

B Public programs, meetings, educational, recreational, and cultural programs; activities of nonprofit groups, organizations, local government agencies, and nonsponsored senior activities.

C Private noncommercial events; state and federal government uses; group activities of commercial entities not selling a product or service.

D Convention and trade show activities; activities of commercial entities selling a product or service on a one-time or occasional basis.

Hourly rates (all rentals include the use of bathroom and lobby):

 

A

B

C

D

Ballroom

NC

$10.00

$15.00

$25.00

Conference room

NC

$3.00

$6.00

$9.00

Kitchen

NC

$3.00

$6.00

$9.00

Classification B senior activities will be charged at the rate of $10.00 per day.

E. Parks Vending and Concession Fees.

A-B-C

$15.00 per day

F. West Ellensburg Park Concession and Storage Facility Fees.

A-B-C

$5.00 per game or $15.00 per day

G. The parks and recreation director shall annually publish any changes to the rates and fees identified in this section.

H. All vendors shall have a city business license and a state of Washington tax identification number or show proof that an exemption has been granted for each and comply with all state and county regulations.

[Ord. 4786 § 1, 2017; Ord. 4435 § 1, 2006; Ord. 3904 § 1, 1994; Ord. 3614 § 1, 1988; Ord. 3585 § 1, 1987; Ord. 3496 § 2, 1985; Ord. 3477 § 1, 1985; Ord. 3439 § 1, 1984; Ord. 3391 § 6, 1983.]

2.34.280 Events or activities requiring city approval.

The events or activities listed below shall require city approval prior to the issuance of a permit:

A.    Any event requiring the closure of a city street or alley, or temporary suspension of parking regulations, shall be routed to the mayor or his/her designee for approval. Closure of streets or alleys require the following for approval:

1.    Concurrence with the request(s) by both the city manager and police chief; and

2.    Concurrence with the request by at least 75 percent of businesses with storefronts on streets, or with access from an alley, in the closure area as evidenced by the signatures of the business owner or their agent on a form approved by the city.

Notwithstanding the foregoing, the mayor or his/her designee may refer any street or alley closure request to the city council at the next scheduled council meeting for consideration of whether it should be approved.

B.    Any event involving the retail sales of merchandise (excluding fund-raising events or special events requiring a permit pursuant to Chapter 6.64 ECC).

C.    Any event allowed under this chapter in connection with which alcoholic beverages are served, subject to compliance with all other requirements of this chapter or Chapter 6.64 ECC (if applicable). [Ord. 4795 § 4, 2018; Ord. 3391 § 7, 1983.]

2.34.300 Alcohol policy for city facilities.

A.    Private Parties or Groups. Subject to the prior approval of the Ellensburg city council, private parties or groups may be authorized to serve and/or consume alcohol at the city facilities identified in this section.

B.    Types of Alcohol Allowed. Conditions of this policy allow for the serving of wine, champagne and bottled or canned beer only. Individuals may consume beer in a can; otherwise, these types of alcohol may only be consumed from a plastic or paper cup or similar soft-sided container. Liquor, drinks containing liquor and beer kegs are prohibited.

C.    Locations.

1.    Adult Activity Center. The service and consumption of alcohol may be allowed at the Adult Activity Center subject to the requirements of this chapter. Alcohol is only allowed in areas of the center designated by the parks and recreation director. Alcohol is not allowed outside of the center.

2.    Rotary Pavilion. The service and consumption of alcohol may be allowed at Rotary Pavilion for permitted special events subject to the requirements of Chapter 6.64 ECC, including city council approval. The restrictions of subsections (B), (D) and (E) of this section do not apply to special events issued a permit pursuant to Chapter 6.64 ECC.

D.    Approval Procedure. Parties or groups wishing to serve alcohol at the Adult Activity Center must:

1.    Fill out the appropriate city of Ellensburg facility use permit form. Forms are available at the administrative offices for the parks and recreation department. This form requires information including, but not limited to, the name of the private party or group sponsoring the event (the “applicant”), the number of people expected to attend the event, the date, time and location of the event, and the type or types of alcohol proposed to be served. This form shall contain a requirement that the applicant shall indemnify, defend and hold the city of Ellensburg, its officials, officers and employees harmless from and against any and all claims, damages, losses, demands, actions, causes of action or liabilities of any nature or kind whatsoever (including reasonable attorneys’ fees) arising out of the applicant’s, and applicant’s invitees’, use of the facility, including the service and consumption of alcohol. Applicants must complete and submit a facility use permit form at least six weeks prior to the scheduled date of the event.

2.    The request will then be forwarded to the city council for consideration of approval. If approved, city staff will issue a letter in reply giving permission for the applicant to obtain a banquet permit or special event permit from the Washington State Liquor and Cannabis Board for the event. This letter will be sent to the applicant or applicant’s representative.

3.    The applicant must provide staff with a copy of a valid banquet permit or special event permit issued by the Washington State Liquor and Cannabis Board for the event and display the permit for the duration of the event. The applicant’s failure or inability to obtain the necessary permit from the Liquor and Cannabis Board shall preclude the service and/or consumption of alcohol at the event, and the city shall bear no responsibility for the applicant’s failure or inability to obtain such permit(s).

4.    At least seven days prior to the event, the applicant shall purchase: (a) a general liability policy of no less than $1,000,000 per occurrence, $2,000,000 general aggregate, and (b) a liquor liability policy of no less than $1,000,000 per occurrence, $1,500,000 general aggregate, and shall furnish the city by such time a certificate of insurance for each such policy, showing “The City of Ellensburg” as an additional named insured. Both policies shall be occurrence-based and must provide, or be endorsed to provide, that the applicant’s insurance coverage shall be the primary insurance. Any insurance, self-insurance, or insurance pool coverage maintained by the city of Ellensburg will be excess of the applicant’s insurance and shall not contribute to it. The two insurance policies and terms thereof shall be subject to review and approval by the city attorney.

E.    Additional Requirements.

1.    Security. The applicant shall provide adequate security for the event, consisting of either off-duty police personnel, a licensed private security company or a combination thereof. All arrangements for security, including the nature and extent of the security to be provided, are subject to the prior approval of the city and shall be dependent upon the nature, attendance, time and duration of the event.

2.    No Advertising Permitted. The applicant shall not advertise to the general public any alcoholic beverage in conjunction with the event.

3.    Training Required. Prior to the event, volunteers or staff for the event will be required to attend a training session run by the Liquor and Cannabis Board on ID checks and overservice.

4.    Presence of Minors. Applicants must ensure that if minors are by law authorized to be present at the event, that they do not possess or consume alcohol.

5.    No Overservice Allowed. Applicants must take all necessary measures to control the amount of alcohol consumed by each individual to prevent them becoming a public nuisance or hazard to themselves or others.

6.    License to Be Posted. The applicant shall post the event’s approved liquor license(s) in a conspicuous location for the duration of the event.

7.    Violations. Serving or consuming alcohol without proper approval or in violation of any of the rules or requirements of this section or those of the Washington State Liquor and Cannabis Board will result in appropriate law enforcement action by police and/or the Washington State Liquor and Cannabis Board, immediate shut down of the event, forfeiture of any damage deposit and/or facility use fees, and liability for any damages in excess of such deposit and fees. Further, any such violation may result in the applicant’s loss of eligibility to serve alcohol at the Adult Activity Center in the future.

8.    Compliance with Laws. The authorization to serve and/or consume alcohol under this section shall in no way relieve the applicant from the obligation to secure any other applicable license, permit or approval required by city ordinance, local, state or federal law, rule or regulation; and the applicant shall at all times comply with all applicable city ordinances and local, state and federal laws, rules and regulations, as well as with all applicable parks and recreation department facility use requirements and other department rules, regulations and requirements pertaining to applicant’s use of the Adult Activity Center.

9.    Parks and Recreation Director’s Authority. The parks and recreation director is hereby authorized to promulgate any and all rules, regulations and requirements necessary to implement the provisions of this section and not inconsistent herewith.

F.    Intent. The provisions of this section are intended for the protection of the public in general and are not intended to create any duty to individuals or to any particular class of individuals. These provisions are not for the protection of any person or class of persons. [Ord. 4795 § 5, 2018; Ord. 4515 § 1, 2008.]

2.34.320 Waiver of fees.

A.    The parks and recreation director shall have authority to waive any of the fees provided for in this chapter in accordance with the following fee waiver criteria:

1.    All fee waiver requests must be in writing and on or accompanying a city of Ellensburg parks and recreation fee waiver request form.

2.    Waiver requests with a cash value of up to but not exceeding $150.00 must be submitted to the parks and recreation director for approval/ denial.

3.    Waiver requests will be considered only from not-for-profit agencies, institutions, organizations and associations exclusively engaged in or devoted to religious, charitable, scientific, literary, educational, public or other like work, and the event for which a fee waiver is requested must be open to public participation.

4.    Only one request per calendar year may be granted to any particular nonprofit entity.

5.    The parks and recreation director will provide the city manager an annual accounting of fee waivers granted to qualifying entities, including the cash value of each waiver.

B.    Waiver requests with a cash value exceeding $150.00 must be submitted to the city council for approval/denial. In its consideration of such requests, the city council will apply the criteria set forth in subsection (A) of this section. [Ord. 4344, 2002; Ord. 3391 § 8, 1983.]

2.34.340 Refund policy.

Refunds for parks and recreation department activities, programs and events shall be administered as follows:

A.    Lesson Refund Policy.

1.    Full refunds shall be granted up to four business days prior to start of the lesson session.

2.    Refunds of 50 percent of the full program fee shall be granted for any cancellation made within three business days of the start of the lesson session.

3.    Refunds will not be granted once the participant has commenced participation in the lesson session.

4.    Make-up lessons or classes are not available.

B.    Recreation Program and Picnic Shelter Refund Policy.

1.    Full refunds or transfer of registration will be granted up to four business days before the start of the program or scheduled use of a picnic shelter.

2.    Refunds of 50 percent of the full program fee shall be granted for any cancellation made within three business days before the start of the program or scheduled use of a picnic shelter.

C.    Pass Refunds.

1.    Refunds will not be granted for pass purchases.

2.    Transfer of remaining admittances will be allowed, provided the original pass holder makes the request in writing to the facility coordinator. [Ord. 4416 § 1, 2005.]

2.34.350 Penalties.

Any person violating any provision of ECC 2.34.160 shall be guilty of a Class 4 civil infraction and shall be punished as allowed by law by a penalty of not less than $25.00, not including statutory assessments. [Ord. 4102, 1997.]