Chapter 7.05
RULES GOVERNING USE OF CITY PARKS – CIVIL INFRACTIONS

Sections:

7.05.010    Purpose.

7.05.020    Definitions.

7.05.030    Hours of operation.

7.05.035    Adhering to rules.

7.05.040    No alcohol.

7.05.050    No firearms or fireworks.

7.05.060    Animal control.

7.05.070    No fires.

7.05.080    Repealed.

7.05.085    No smoking.

7.05.087    Sales of refreshments.

7.05.090    Penalties – Civil infractions.

7.05.100    Enforcement.

7.05.110    Trespass.

7.05.010 Purpose.

A. This chapter is enacted as an exercise of the authority of the City of Maple Valley to establish rules governing the use of City parks. Its provisions shall be liberally construed for the accomplishment of these purposes.

B. It is the express purpose of this chapter to provide for and promote rules governing the use of City parks and not to create or otherwise establish rules that would extend beyond the purpose of this chapter.

C. It is the specific intent of this chapter to place the obligation of complying with its requirements upon any and all persons using park facilities. This chapter is not intended to impose any duty whatsoever upon the City of Maple Valley, its officers, employees, or agents. The implementation or enforcement of this chapter by the City shall be discretionary and not mandatory.

D. Nothing contained in this chapter is intended to be, nor shall be, construed to create or to form the basis for any liability on the part of the City of Maple Valley, its officers, employees, or agents. (Ord. O-20-685 § 1; Ord. O-19-664 § 1; Ord. O-03-242 § 1; Ord. O-03-232 § 1).

7.05.020 Definitions.

As used in this chapter, the following terms shall have the meanings indicated, unless every context clearly requires otherwise:

A. “Alcoholic beverage” includes the four varieties of liquor defined as alcohol, spirits, wine and beer, all fermented, spirituous, vinous, or malt liquor, and all other intoxicating beverages, and every liquor, solid, or semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer; all drinks or drinkable liquids and all preparations or mixtures capable of being consumed by humans. Any liquor, semisolid, solid or other substance that contains more than one percent alcohol by weight shall be conclusively deemed intoxicating.

B. “City park” means all City-owned or operated parks and any improved or unimproved trails or open spaces, golf courses, beaches, playgrounds, shelters, restrooms, indoor facilities, athletic fields and parking lots, within the boundary of a City-owned or operated park.

C. “Electronic cigarette” or “e-cigarette” means an electronic device usually composed of a mouthpiece, a heating element or atomizer, a battery, and electronic circuits that provide a gas derived from liquid nicotine and/or other substances which is inhaled by the user simulating smoking. The term includes such devices, regardless of the details of the product appearance or marketed name, generally manufactured to resemble cigarettes, cigars, pipes, or other smoking devices.

D. “Liquid nicotine” means any liquid product composed either in whole or in part of nicotine, proprylene glycol and/or other similar substances and manufactured for use with e-cigarettes or other devices to be converted into a gas for inhaling.

E. “Person” means all persons, groups, firms, partnerships, corporations, clubs, and all associations or combinations of persons whenever acting for themselves or as an agent, servant, or employee.

F. “Smoke” or “smoking” means the carrying or smoking of any kind of:

1. Lighted pipe, cigar, cigarette, or other lighted smoking equipment.

2. An electronic cigarette or e-cigarette, or other device that results in the discharge of a gas derived from liquid nicotine.

G. “Special Event Application” means an application processed by the City’s Parks and Recreation Department authorizing the use of City parks that imposes conditions on the applicant in addition to those conditions imposed on the general public. (Ord. O-20-685 § 1; Ord. O-19-664 § 1; Ord. O-03-242 § 1; Ord. O-03-232 § 1).

7.05.030 Hours of operation.

City parks shall be open daily from dawn to one hour after dusk, unless posted otherwise. Signs indicating the hours of operation shall be posted in each park. It is unlawful to remain in a City park after the posted closing time, except when in designated areas at Lake Wilderness Park in conjunction with the rental of the park facility, or a portion thereof, and/or approved by a Special Event Application. (Ord. O-20-685 § 1; Ord. O-19-664 § 1; Ord. O-03-242 § 1; Ord. O-03-232 § 1).

7.05.035 Adhering to rules.

All persons using designated park areas shall obey all posted rules and/or the instructions of lifeguards, facility managers, or other City staff. (Ord. O-20-685 § 1; Ord. O-19-664 § 1).

7.05.040 No alcohol.

It is unlawful to possess or consume alcoholic beverages in City parks except:

A. In designated areas at Lake Wilderness Park and Summit Park, in conjunction with the rental of the park facility, or a portion thereof. Designated areas, however, shall not include picnic shelters. Such requests shall be processed through the Parks Department through the submission of a Special Event Application and shall require the purchase of a Banquet Permit from the Washington State Liquor and Cannabis Board and event insurance, as well as the execution of a hold harmless/indemnification agreement.

B. At Lake Wilderness Golf Course when such beverages are purchased and consumed within the concessionaires’ licensed premises. All activities shall comply with the Washington State Liquor and Cannabis Board requirements. (Ord. O-20-685 § 1; Ord. O-19-664 § 1; Ord. O-19-663 § 1; Ord. O-03-242 § 1; Ord. O-03-232 § 1).

7.05.050 No firearms or fireworks.

See Chapter 8.10 MVMC. (Ord. O-20-685 § 1; Ord. O-19-664 § 1).

7.05.060 Animal control.

A. Pursuant to Title 11 of the King County Code, it is unlawful to allow or permit any domestic animal to run at large in any City park, or to enter into any swimming area, pond or fountain therein. Any animal brought into or kept in a park area shall be on a leash not more than 15 feet in length, except in off-leash areas as designated by the City. All other elements of King County Code Title 11 shall be enforced.

B. Any person with a dog or other pet in his/her possession in a City park shall be responsible for both the conduct of the animal and for the disposal or removal of feces deposited by such animal. The person with the dog or other pet must use the pet mitts provided at the City park to dispose of animal feces or, when pet mitts are not available, must have in his/her possession the equipment for feces removal. (Ord. O-20-685 § 1; Ord. O-19-664 § 1; Ord. O-03-242 § 1; Ord. O-03-232 § 1).

7.05.070 No fires.

It is unlawful to build any fires in any City park except in areas designated and set aside for such purpose, unless specifically approved by a Special Event Application. It is unlawful to use any portable barbecue over 36 inches in length or less than 30 inches in height over a combustible surface unless said surface is protected by a heat shield or fireproof device placed under the barbecue. (Ord. O-20-685 § 1; Ord. O-19-664 § 1; Ord. O-03-242 § 1; Ord. O-03-232 § 1).

7.05.080 No camping.

Repealed by O-20-685. (Ord. O-19-664 § 1; Ord. O-03-242 § 1; Ord. O-03-232 § 1).

7.05.085 No smoking.

Smoking, as defined by MVMC 7.05.020(F), is prohibited within the boundaries of any City park, except Lake Wilderness Golf Course. (Ord. O-20-685 § 1; Ord. O-19-664 § 1).

7.05.087 Sales of refreshments.

No person, group, or organization shall sell refreshments or merchandise in a City park except upon approval of a Special Event Application or a concession contract with the City’s Parks and Recreation Department. (Ord. O-20-685 § 1; Ord. O-19-664 § 1).

7.05.090 Penalties – Civil infractions.

A. Civil Infraction. Any person found to have committed a civil infraction shall be assessed a monetary penalty of $250.00.

B. Each violation of this chapter shall be a separate violation. (Ord. O-20-685 § 1; Ord. O-19-664 § 1; Ord. O-03-242 § 1; Ord. O-03-232 § 1).

7.05.100 Enforcement.

The City of Maple Valley Police Department shall be responsible for enforcing the provisions of this chapter excepting those violations covered by Title 11 of the King County Code related to animal control. The initial method of enforcement shall be a request for voluntary compliance. (Ord. O-20-685 § 1; Ord. O-19-664 § 1; Ord. O-03-242 § 1; Ord. O-03-232 § 1).

7.05.110 Trespass.

Any person who is found guilty of committing a crime on City park property may be trespassed from the City park at which the crime was committed. The crimes to which this provision applies are found in MVMC Title 9. (Ord. O-20-685 § 1; Ord. O-19-664 § 1).