Chapter 10.03 PARK RULES AND REGULATIONS

This chapter shall constitute the “Park Rules and Regulations for the City of Lake Stevens” and may be cited as such. (Ord. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009)

10.03.020 Definitions.

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

(a) “Department” means the City of Lake Stevens Parks and Recreation Department.

(b) “Director” means the Director of the Parks and Recreation Department for the City of Lake Stevens, or his or her designee.

(d) Event Permit. Refer to Chapter 14.08.

(e) “Park” means a site designed, developed or designated by the City for recreational use or activities by the public including, but not limited to:

(1) Indoor facilities, such as:

(i) Gymnasiums;

(ii) Swimming pools; or

(iii) Community and activity centers; and

(2) Outdoor facilities, such as:

(i) Sport fields;

(ii) Playgrounds;

(iii) Skate parks;

(iv) Docks, piers, boardwalks and fishing areas;

(v) Swim and beach areas;

(vi) Boat launches and marinas;

(vii) Parking lots; or

(viii) Gazebos, picnic shelters and related outdoor activity areas; and

(3) Areas and trails for:

(i) Pedestrians;

(ii) Bicyclists; or

(iii) Dogs or equestrians; and

(4) Any other public property or facility that the City has designed, identified or designated for recreational use or activities.

(f) Park Permit. A park permit allows for park use, including gatherings, by more than 50 people.

(g) “Person” means all natural persons, firms, partnerships, corporations, clubs, and all associations or combinations of persons whenever acting for themselves or by an agent, servant, or employee.

(h) “Recreational wheeled device” means any device that has wheels, is used for recreation, and is designed to propel the person using that device, which includes but is not limited to bicycles, skates and skateboards whether powered by gravity, hand, foot, pedal power, internal combustion or electric motor, whether it be stood on, sat upon or ridden in, including but not limited to bicycles, skate boards and scooters.

(i) “Smoking and tobacco use” means the carrying or smoking of any kind of lighted tobacco-containing pipe, cigarette, cigar, or the carrying or smoking of any other lighted smoking equipment using tobacco and any other chewing, tasting or ingesting of tobacco products.

(j) “Vape” or “vaping” means the use of a vapor product, or inhaling of vapor or aerosol from a vapor product.

(k) “Vapor product” means any (1) device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation; (2) cartridge or container of a solution or substance intended to be used with or in such a device or to refill such a device; or (3) solution or substance intended for use in such a device, including, but not limited to, concentrated nicotine. “Vapor product” includes any electronic cigarettes, electronic nicotine delivery systems, electronic cigars, electronic cigarillos, electronic pipes, vape pens, steam stones, or similar products or devices, as well as any parts that can be used to build such products or devices. “Vapor product” does not include any drug, device, or combination product approved for sale by the United States Food and Drug Administration that is marketed and sold for such approved purpose. (Ord. 1157, Sec. 1, 2023; Ord. 1000, Sec. 1, 2017; Ord. 821, Sec. 2, 2009; Ord. 771, Sec. 2, 2008)

10.03.025 Adoption of Rules and Regulations by Director.

The Director shall have the authority to promulgate and adopt rules and regulations consistent with the provisions of this chapter pertaining to the operation, maintenance and use of the parks, and shall post the same in conspicuous places in the parks. Such rules and regulations may include the establishment of hours during which any park or portion thereof, as designated by signs located within the designated portion, shall be closed to the general public; such closures may be for reasons of public safety, welfare and convenience, or for reasons of park maintenance. It is unlawful for any person to violate or fail to comply with any park rule or regulation duly adopted and posted by the Department. (Ord. 1157, Sec. 1, 2023)

10.03.030 Construction of Provisions.

This chapter is declared to be an exercise of the police authority of the City enacted for the public peace, health, safety and welfare. The provisions of this chapter shall be liberally construed to accomplish the purpose of this chapter. (Ord. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009)

10.03.040 Purpose.

Parks may from time to time be set aside by the City for park and recreational purposes. The City may organize public recreation programs consisting primarily of activities planned and directed by the Parks and Recreation Department. The Director of the Parks and Recreation Department is authorized to contract with community groups to organize recreation activities in City parks that are open to the general public and for which a fee may be charged. (Ord. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009)

10.03.050 Hours.

Park hours shall be 7:00 a.m. till dusk unless posted otherwise. Park hours may be extended as part of a permitted event or with prior written permission from the Director. No person shall enter or be present at a Lake Stevens park area after closing time. (Ord. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009)

10.03.060 Posting Signs, Posters, and Notices.

(a) No person shall, without prior written permission of the Director, attach any notice, bill, poster, sign, wire, rod, or cord to any tree, shrub, railing, post or structure within any park; provided, that the Director may permit the erection of temporary directional signs or decorations on occasions of public celebration and picnics.

(b) No person shall, without prior written permission of the Director, use, place, or erect any signboard, sign, billboard, bulletin board, post, pole, or device of any kind for advertising in any park, or place or erect in any park a permanent or temporary structure of any kind; provided, that before granting permit, the Director shall establish general rules and regulations pertaining hereto, including provisions requiring removal, protecting City employees, the general public interest, and persons using City parks.

(c) It is further unlawful for any person to distribute literature of any kind in any park within the City without first obtaining written permission to do so from the Director. The Director shall establish rules and regulations relating to the distribution of literature which may prohibit the distribution of literature of a purely commercial advertising nature and shall require the deposit with the City of a “litter” cleanup deposit in an amount to be determined by the Director prior to the issuance of any such written permit. (Ord. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009)

10.03.070 Damage to Park Property Unlawful.

No person shall remove, destroy, or mutilate, injure, cut, disturb, misuse, or mark or write upon any structure or building, or any part of any structure or any building, or any fixture therein, or attached thereto, or any monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, or pick, alter, cut or remove any shrub, tree, fern, plant, flower, lighting system, or sprinkling system, or dig or disturb soils and grounds, or any other property lawfully located within a park area. (Ord. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009)

10.03.080 Animals at Large Prohibited.

No person shall allow or permit any dog or other pet to run at large in any park or public property. Any person with a dog or other pet in his/her possession in any park or on public property shall be responsible for both the conduct of the animal, damage caused by the animal, and removal from the park or public property of feces deposited by such animal. Dogs or pets on park or public property must be on a leash of no more than eight feet in length, and under the control and direction of the owner or guardian, except:

(a) Dogs used by public law enforcement agencies and under control of a law enforcement officer.

(b) In areas specifically designated as “off-leash areas” by the Director and posted as such, for the exercising of pets. Dogs and pets must still be under the control and direction of the owner or guardian.

(d) The Director may ban dogs and other pets from areas of any parks or public property where she or he determines the same may be a nuisance. The Director may ban dogs and other pets from areas of any park or public property during a permitted event or where organized public recreation activities may be conducted. (Ord. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009)

10.03.090 Horses Prohibited.

No person shall permit any horse, except horses used by and under the control of a public law enforcement agency, to be in any park, whether at large or under the direct control of its rider, except in areas specifically designated by the Director and posted as such or as part of a permitted event. (Ord. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009)

10.03.100 Firearms, Projectiles and Explosives.

No person shall shoot, fire, or explode any fireworks, firecrackers, torpedoes, or explosives of any kind or throw any projectiles, or shoot or fire any firearm, air gun, bow and arrow, BB gun, or use any slingshot on any park properties except a law enforcement officer in the line of duty. The Director may issue a permit for the purpose of conducting a public fireworks display under RCW 70.77.260. The permit must meet the requirements of Section 9.64.030, Public Display of Fireworks. (Ord. 1157, Sec. 1, 2023; Ord. 881, Sec. 1, 2013; Ord. 821, Sec. 2, 2009)

10.03.110 Teasing, Annoying, or Injuring Animals Prohibited.

No person shall tease, annoy, disturb, molest, catch, injure, kill, or throw any stone or missile of any kind at or strike with any stick or weapon any animal, bird, or fowl. No person shall fish on the park properties except at areas designated by the Director and posted as such. No person shall feed any fowl or other wildlife in the park. (Ord. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009)

10.03.120 Restriction on Vehicles.

(a) At all times and at all locations within any park, pedestrians shall enjoy the right-of-way over any motorized or unmotorized recreational wheeled device.

(b) No person shall ride, drive, or operate any recreational wheeled device in any area within any park where such activity is prohibited by means of posted notice. The Director is authorized to place the appropriate notice or notices at such times, and/or within such areas of any park, which shall make it unlawful to ride, drive, or operate any bicycle, skates, or skateboard within such designated areas, according to the posted notice.

(c) No motorized or nonmotorized vehicle or trailer shall be parked in a City park overnight unless part of an event for which an event permit has been issued and for which the Director has specifically addressed and conditioned as part of the permit. (Ord. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009)

10.03.130 Depositing Refuse and Litter.

No person shall throw any refuse, litter, cigarette butts, broken glass, crockery, nails, shrubbery, trimmings, junk or advertising matter in any park area or trail, or deposit any waste or abandoned material therein except in designated receptacles. No person shall deposit any refuse not generated in parks in any receptacle within any park or upon any park properties. (Ord. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009)

10.03.140 Building Fires.

No person shall build a fire in any park. Charcoal barbecues are prohibited except for City-provided barbecue grills, when used for cooking food. Portable propane barbeques no more than 36 inches in length or less than 30 inches in height are allowed for cooking food, provided they do not endanger park property and are properly functioning. (Ord. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009)

10.03.150 Intoxicating Liquor and Drugs Prohibited.

(a) No person shall bring into any park or consume by mouth, inhalation, or injection, or possess while in any park, any intoxicating liquor, narcotic, or dangerous drugs or consume by any method any material or substance (such as glue, for example) capable of producing a state of intoxication or euphoria; provided, however, that this section shall not be applied to any person consuming a drug obtained by such person by lawful prescription and taken pursuant to the medical direction of a licensed health care practitioner; further provided, the Director or designee may permit the sale and consumption of alcoholic beverages within a confined licensed area pursuant to an event permit issued by the City and a permit issued by the Washington State Liquor and Cannabis Board subject to reasonable conditions. Any application for such a permit shall include a site plan identifying the specific areas to be licensed. In granting such a permit, the Director may apply restrictions reasonably calculated to comply with the purpose of the Public/Semi-Public Zone as set forth in the Lake Stevens Land Use Ordinance.

(b) Alcohol may be served or sold within a fully enclosed City building pursuant to an approved rental agreement or event permit that includes permission by the Director or designee and must comply with all rules and requirements of permit or license issued by the Washington State Liquor and Cannabis Board. (Ord. 1157, Sec. 1, 2023; Ord. 1083, Secs. 1, 2, 2020; Ord. 821, Sec. 2, 2009)

10.03.155 Vaping, Smoking and Tobacco Use Prohibited.

Vaping, smoking, marijuana and tobacco use are prohibited in all City parks under the control and jurisdiction of the City. (Ord. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009; Ord. 771, Sec. 1, 2008)

10.03.157 Vaping Prohibited.

Repealed by Ord. 1157. (Ord. 1000, Sec. 2, 2017)

10.03.160 Camping.

As provided in Chapter 9.80, it is unlawful for any person or group of persons to camp out in any park except at places set aside for such purposes by the Director and so designated by signs. (Ord. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009)

10.03.170 Selling Refreshments, Merchandise, Services, or Recreational Rentals.

(a) No person or organization shall perform the activities set forth below in any park without first entering into a concession contract with the City according to the rules and regulations established by the Director or unless commercial sales are in conjunction with an event for which an event or park permit has been issued pursuant to Section 14.16C.065:

(1) Operating a fixed or mobile concession or event or traveling exhibition.

(2) Soliciting, selling, offering for sale, peddling, hawking, or vending any goods or services.

(3) Advertising any goods or services.

(4) Filming, recording, or photographing for commercial purposes without authorization from the Director.

(5) Conducting classes or organized competitions.

(6) Distributing any commercial circular notice, leaflet, pamphlet or printed material of any kind in structure or building. These facilities are not public forums or limited public forums and are designated solely to the specific purposes for which they are dedicated.

(7) Entering upon, using or traversing any portion of a park for commercial purpose, including fund raising and/or fund solicitation.

(8) Attaching or securing to any vehicle or structure any commercial circular notice, leaflet, pamphlet or printed material of any kind. (Ord. 1157, Sec. 1, 2023; Ord. 954, Sec. 1, 2016; Ord. 821, Sec. 2, 2009)

10.03.180 Certain Vocations Prohibited.

(a) No person shall take up collections for any purpose nor solicit for any services or products with the exception of approved concessions that follow the process provided for in Section 10.03.170.

(b) No person shall hold, operate or conduct a circus, carnival, or traveling exhibition on any park property, except such activities as may be a regular part of the parks and recreation program, without first obtaining a written permit from the Director or except as part of an event for which an event permit has been issued.

(c) Except as provided in Sections 10.03.040 and 10.03.170, it is unlawful for persons to conduct activities in a City of Lake Stevens park area for personal gain.

(d) Except as part of an event or an approved concession for which an event permit has been issued or contract executed:

(1) No person shall erect a canopy, tent, shelter or other temporary or permanent structure in a City park. Except temporary canopies up to 12 feet by 12 feet are allowed when properly weighted to prevent wind movement.

(2) No person shall operate an inflatable bouncy house, castle or similar type of apparatus in a City park or facility. (Ord. 1157, Sec. 1, 2023; Ord. 954, Sec. 2, 2016; Ord. 821, Sec. 2, 2009; Ord. 797, Sec. 1, 2009)

10.03.190 Practicing and Playing Certain Games.

Persons shall only practice or play games, or engage in activity, in which objects are projected or air borne at park areas set apart or designated for such purposes by the Director so as not to conflict with normal park usage. (Ord. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009)

10.03.195 Radio/Remote Control Aircraft and Devices.

No person shall operate any radio/remote controlled unmanned aircraft or self-propelled device within any park without a permit. Permits issued only in conjunction with event permit. (Ord. 1157, Sec. 1, 2023)

10.03.200 Permit for Assemblies and Events Required.

(a) Except as provided elsewhere in this chapter, no person, group or organization shall hold, host or sponsor any organized event, assembly, meeting or other organized activity in a park that would likely attract 50 or more persons except as part of an event or activity for which a park or event permit has been issued.

(b) A park permit is required for any activity, assembly, gathering, meeting or other organized activity, of more than 50 but less than 100 persons, held in a City park or public property, or for uses determined by the Director, to be not commonly carried out in a park.

(1) A person or group desiring to hold, host, sponsor or organize such activity, as outlined above, shall apply for a park permit by filing a complete application with payment of all applicable fees (per the current City of Lake Stevens Fee Resolution) and all supporting and required documents with the City at least 14 days prior to the date on which the activity, assembly, gathering or meeting is to occur.

(2) Additional permits and fees (per the current City of Lake Stevens Fee Resolution) may be required to rent or lease additional park or public facilities.

(c) An event permit is required for any person, group or organization desiring to host, sponsor or organize an event in the City of Lake Stevens likely to attract participants and spectators of 100 persons or more pursuant to Section 14.16C.065.

(d) When such an event will be an exercise of rights protected by the First and Fourteenth Amendments to the United States Constitution, the application shall be processed promptly, without charging a fee for political or religious activities or imposing terms or conditions that infringe constitutional freedoms, and in a manner that respects the liberty of applicants and the public. (Ord. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009)

10.03.210 Racing Regulations.

No person shall 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 area, without first obtaining an event permit to do so. Said permit will outline specified places and times designated for such activities by the Director upon his/her determination that:

(a) Adequate provision has been made to ensure that the health and safety of participants and spectators of any activities will not be subject to undue hazard; and

(b) Such activities will be conducted in such a manner as to minimize potential damage to public or private property. (Ord. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009)

10.03.220 Watercraft.

No person shall have, keep, or operate any boat, float, trailer, raft, or other watercraft in or upon any bay, lake, slough, river, or creek within the limits of any park, or land on the shore bordering any park, except at places set apart by the Director and designated by signs. No boat, float, trailer, raft, watercraft, motorized or nonmotorized vehicle will be parked or left overnight in any park, except as part of an event for which an event permit has been issued. (Ord. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009)

10.03.230 Emergency Aid by Watercraft.

No person shall land or dock a boat at any swimming dock or float, nor shall any boat be allowed within a swimming area except in an emergency involving rescue or lifesaving. The Director shall have the authority to permit exceptions for special events. (Ord. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009)

10.03.240 Testing Vehicles Prohibited.

No person shall 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. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009; Ord. 491, 1995)

10.03.250 Amplified Music and Public Address Systems.

No person shall operate a powered public address system or amplified music speaker system or other means of amplifying sound at any park areas without a written permit from the Director; provided, that the Director shall establish general rules and regulations pertaining thereto. Vehicle-operated portable radios, music and other media players are permitted on City-owned, operated or maintained property, provided they shall only be operated at a volume that does not allow the sound to be heard by a person with normal hearing that is more than 25 feet from the sound device, nor in any manner which unreasonably disturbs the peace of others as provided for in Chapter 9.56, Noise Control. (Ord. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009; Ord. 551, 1997; Ord. 491, 1995)

10.03.260 Adoption of Rules and Regulations by Director.

Repealed by Ord. 1157. (Ord. 821, Sec. 2, 2009; Ord. 491, Sec. 3, 1995)

10.03.270 Violation and Penalty.

Failure to comply with any provision of this chapter or violation of any provision of this chapter is subject to enforcement under Title 17, “Uniform Enforcement Code,” including civil enforcement penalties in Chapter 17.60 and criminal penalties in Chapter 17.90. (Ord. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009; Ord. 771, Sec. 3, 2008; Ord. 604, Sec. 9, 1999; Ord. 491, Sec. 3, 1995)

10.03.280 Reward for Assisting in Enforcing Chapter.

The Director may offer, post, and pay a suitable reward not exceeding $100.00 for information leading to the arrest and conviction of anyone violating the provisions of this chapter. (Ord. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009)

10.03.290 Principal Offender Defined.

Anyone concerned in the violation of this chapter, whether directly committing the act of omitting to do the thing constituting the offense, or who aids or abets the same, 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. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009)

10.03.300 Conflicts.

All City ordinances shall be in force in all City parks. In the event of a conflict between this chapter and any other provisions of the Lake Stevens Municipal Code, this chapter shall control. (Ord. 1157, Sec. 1, 2023; Ord. 821, Sec. 2, 2009; Ord. 491, Sec. 3, 1995)

10.03.310 Park Exclusion.

(a) The Director, Chief of Police, City Administrator or their designee(s) may, by delivering an exclusion notice in person to the offender, exclude from City parks anyone who within a City park:

(1) Violates any provision within this title; or

(2) Violates any park rule or regulation issued by the Director under the authority of Section 10.03.025; or

(3) Violates any provision of the Lake Stevens Municipal Code or Revised Code of Washington.

(b) “City park,” “park,” or “parks” for purpose of this section shall mean a “park” as that term is defined in Section 10.03.020.

(c) The offender need not be charged, tried, or convicted of any crime or infraction in order for an exclusion notice to be issued or effective. The exclusion may be based upon observation by the issuer of the notice or upon the sort of civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause.

(d) If the offender:

(1) Has not been excluded from any City park by an exclusion notice issued within one year prior to the violation and the current violation is not a felony violation or weapon violation, then the issued notice shall exclude the offender from the City park in which the current violation occurred and all other City parks, for a period of 30 days from the date of the exclusion notice;

(2) Has been the subject of only one prior exclusion notice issued within one year prior to the current violation and neither the current nor the past violation was a felony violation or weapon violation, then the issued notice shall exclude the offender from the City park in which the current violation occurred and all other City parks for a period of 90 days from the date of the exclusion notice;

(3) Has been the subject of two or more prior exclusion notices issued within one year prior to the current violation, or if the current violation is a felony violation or weapon violation, then the issued notice shall exclude the offender from the City park in which the current violation occurred and all other City parks for a period of one year from the date of the exclusion notice.

(e) The exclusion notice shall be in writing and shall contain the date of issuance. The exclusion notice shall specify the length and that the exclusion is from all City parks for the length of the exclusion. It shall be signed by the issuing individual. Warning of the consequences for failure to comply shall be prominently displayed on the notice.

(f) Only the designated Hearing Officer after a hearing may rescind or shorten an exclusion notice.

(g) An offender receiving an exclusion notice may seek a hearing before a Hearing Officer designated by the City Administrator to have the exclusion notice rescinded or the period of exclusion shortened. The request for a hearing shall be delivered to the City Clerk or postmarked no later than seven days after the issuance date of the exclusion notice. The request for hearing shall be in writing and shall be accompanied by a copy of the exclusion notice on which the hearing is sought. The hearing should occur within seven days after the City Clerk receives the request for hearing. The City Clerk or designee shall take reasonable steps to notify the offender of the date, time, and place of the hearing.

(h) The Hearing Officer may issue subpoenas for the attendance of witnesses and the production of documents and shall administer oaths to witnesses. The Hearing Officer shall not issue a subpoena for the attendance of a witness at the request of the offender unless the request is accompanied by the fee required by RCW 5.56.010 for a witness in district court. The offender shall be responsible for serving any subpoena issued at the offender’s request.

(i) At the hearing, the violation must be proved by a preponderance of the evidence in order to uphold the exclusion notice. If the exclusion notice was issued because of the alleged violation of any criminal law, the offender need not be charged, tried, or convicted for the exclusion notice to be upheld. The exclusion notice establishes a prima facie case that the offender committed the violation as described. The Hearing Officer shall consider a sworn report or a declaration under penalty of perjury as authorized by RCW 9A.72.085, written by the individual who issued the exclusion notice, without further evidentiary foundation. The certifications authorized in Rule 6.13 of the Criminal Rules for Courts of Limited Jurisdiction shall be considered without further evidentiary foundation. The Hearing Officer may consider information that would not be admissible under the evidence rules in a court of law but which the Superintendent’s Hearing Officer considers relevant and trustworthy.

(j) If the violation is proved, the exclusion notice shall be upheld; but upon good cause shown, the Hearing Officer may shorten the duration of the exclusion. If the violation is not provided by a preponderance of the evidence, the Hearing Officer shall rescind the exclusion. If the Hearing Officer rescinds an exclusion, the exclusion shall not be considered a prior exclusion for purposes of this chapter and section.

(k) The decision of the Hearing Officer is final. An offender seeking judicial review of the Hearing Officer’s decision must file an application for a writ of review in the Snohomish County Superior Court within 14 days of the date of that decision.

(l) The exclusion shall remain in effect during the pendency of any administrative or judicial proceeding.

(m) No determination of facts made by a person conducting a hearing under this section shall have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of those same facts in a subsequent criminal prosecution or civil proceeding.

(n) This section shall be enforced so as to emphasize voluntary compliance with laws and park rules, and so that inadvertent (unintentional) minor violations that would fall under subsection (a)(1) of this section can be corrected without resort to an exclusion notice. (Ord. 1168, Sec. 1, 2023)

10.03.320 Trespass in Parks--Definition--Punishment.

(a) Any person who knowingly:

(1) Enters or remains in a park from which he or she has been excluded during the period covered by an exclusion notice pursuant to Section 10.03.310; or

(2) Enters, remains in, or is otherwise present within the premises of a park during hours which the park is not open to the public, unless the person is present within the park to participate in an activity either conducted by the Department or conducted pursuant to the terms of a permit issued by the Department;

shall be guilty of trespass in parks. Trespass in parks is a gross misdemeanor if the City park at which the violation occurs is a building. If the City park at which the violation occurs is not a building the violation is a misdemeanor. Gross misdemeanor and misdemeanor penalties are defined in Chapter 9.04.

(b) It is not a defense to the crime of trespass in parks:

(1) That the underlying exclusion issued pursuant to this chapter is on appeal when the excluded person is apprehended, charged, or tried under this section; nor

(2) That the excluded person entered or remained in the park pursuant to a permit that was issued in the name of another person either before or after the date of the exclusion notice. (Ord. 1168, Sec. 2, 2023)