Chapter 9.01
PARK CODE OF CONDUCT
Sections:
9.01.050 Skate park rules of usage.
9.01.060 Posting signs, posters and notices.
9.01.070 Damage to park property unlawful—Use of certain facilities.
9.01.080 Animals at large prohibited.
9.01.090 Firearms, explosives and hazardous materials.
9.01.100 Teasing, annoying, or injuring animals prohibited.
9.01.110 Certain vocations and actions prohibited.
9.01.120 Selling refreshments or merchandise or distributing literature.
9.01.130 Riding vehicles and animals.
9.01.160 Group rental of park facilities—Application and permit required.
9.01.010 Title of chapter.
This chapter may be cited as the “park code of conduct” for the City of Ocean Shores. (Ord. 715 § 1 (part), 2001)
9.01.020 Police power.
This chapter is hereby declared to be an exercise of the police power of the city for public peace, health, safety and welfare and its provisions are to be liberally construed. (Ord. 715 § 1 (part), 2001)
9.01.030 Definitions.
The terms herein used, unless clearly contrary to or inconsistent with the context in which used, shall be construed as follows:
A. “City” means the City of Ocean Shores, Washington.
B. “Director” means the director of public works for the City of Ocean Shores.
C. “Hazardous material” means materials that:
1. If not contained, may cause unacceptable risks to human life within a specified area adjacent to the spill, seepage, fire, explosion, or other release, and will, consequently, require evacuation;
2. If spilled, could cause unusual risks to the general public and to emergency response personnel responding at the scene;
3. If involved in a fire will pose unusual risks to emergency response personnel;
4. Require unusual storage or transportation conditions to assure safe containment;
5. Materials requiring unusual treatment, packaging, or vehicles during transportation to assure safe containment;
6. The following materials: flammable materials, paint, oil, corrosives, and asbestos. This does not include barbecue lighter fluid, artist’s materials, and pro-pane fuel in a proper container.
D. “Park” means and include all city parks, including Chinook Park, Frank Emerson Memorial Park, Milo Schnieder Park, North Bay Park, North End Grand Canal Park, and South End Grand Canal Park, and any future parks, play and recreation grounds or other park facilities which may come under the management and control of the City of Ocean Shores.
E. “Park board” means the board of park commissioners as established and created by Chapter 2.48.
F. “Rollerskate” includes any form of device worn on the feet with wheels or rollers, for use on a sidewalk or other surface offering traction and includes those devices commonly known as in-line skates or rollerblades.
G. “Skateboard” includes but is not limited to all board-like devices, coasters, scooters, toys, conveyances or other similar device with wheels, and which is used for transportation or sport, and is propelled by human power as the user rides or stands upon the device and which is not classified as a bicycle in this code.
H. “Vehicle” includes every device capable of being moved upon a public highway or private property and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles, off-road and all-terrain vehicles, motor scooters, mopeds, and motorcycles.
I. Wherever consistent with the context of this chapter, words in the present, past or future tenses shall be construed interchangeable with each other and words in the singular number shall be construed to include the plural, and the masculine gender shall be construed to include the feminine and neuter genders.
(Ord. 887 § 1 (part), 2010; Ord. 715 § 1 (part), 2001)
9.01.040 Park hours.
All city parks, with exception of skate park facilities and lighted sports facilities, shall be open from one hour before sunrise to one hour after sunset. Skate park facilities shall be open from eight a.m. to sunset. Lighted sports facilities shall be open from eight a.m. to ten p.m. Park boat launches shall be open at all times. (Ord. 944 § 1, 2014: Ord. 887 § 1 (part), 2010: Ord. 715 § 1 (part), 2001)
9.01.050 Skate park rules of usage.
A. It shall be unlawful and a violation of this section for any person to engage in, or for any adult responsible for the supervision of a minor child to permit a minor child to engage in, any activity prohibited under this section.
B. The Ocean Shores skate park is an unsupervised facility. It is strongly recommended that any persons riding or otherwise using a skateboard or any other permitted coasting device in the skate park, or entering into the skate park for the purpose of engaging in such activity, wear protective equipment including a helmet, elbow pads, knee pads, and wrist guards.
C. Rollerskates and skateboards, as defined herein, and bicycles are not compatible uses and shall not use the skate park facilities at the same time. Separate time periods or sessions will be established for bicycle use of the skate park facility.
D. Use or occupation of the skate park during non-open hours is prohibited and constitutes trespassing.
E. The use of coasting devices, including skateboards and in-line skates, and bicycles, is considered a hazardous recreational activity that creates a substantial risk of serious injury or death to participants, those assisting participants, and spectators of such activities. All users of the skate park voluntarily assume the risk of serious injury or death in use of the skate park facility.
F. Any violation of the provisions of this section is a Class 1 civil infraction, with a maximum penalty of two hundred fifty dollars, plus statutory assessments. Additionally, any person violating this section shall be subject to having equipment and/or materials immediately confiscated, if the responding law enforcement officer reasonably believes that the violator’s behavior is likely to continue unless said equipment and/or materials are confiscated.
(Ord. 887 § 1 (part), 2010)
9.01.060 Posting signs, posters and notices.
A. It is unlawful for any person, without prior written permission from the director, to 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 installation of temporary directional signs or decorations on occasions of public celebration and picnics.
B. It is unlawful for any person, without prior written permission of the director, 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 place or erect in any park a permanent or temporary structure of any kind; provided, that before granting any such permit, the director shall establish general rules and regulations pertaining to, including provisions pertaining to removal, protection of the city park department and its employees, protection of the interests of the general public, and of person using said park.
C. Any violation of the provisions of this section is a Class 2 civil infraction, with a maximum penalty of one hundred twenty-five dollars ($125.00) plus statutory assessments.
(Ord. 887 § 1 (part), 2010; Ord. 763 § 2, 2003; Ord. 715 § 1 (part), 2001. Formerly 9.01.050)
9.01.070 Damage to park property unlawful—Use of certain facilities.
A. It is unlawful for any person to remove, destroy, mutilate or deface any structure, or any part of any structure, or any fixture thereon, or attached thereto, or any monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, shrub, tree, fern plant, flower, lighting system, sprinkling system, or any other property lawfully located within any park.
B. Any person violating the provisions of this section shall be guilty of a Class B offense as defined in Section 7.01.050 of this code, if the damage is less than two hundred fifty dollars ($250.00). Any person violating the provisions of this section shall be guilty of a Class A offense as defined in Section 7.01.050 of this code, if the damage exceeds two hundred fifty dollars ($250.00).
(Ord. 887 § 1 (part), 2010; Ord. 715 § 1 (part), 2001. Formerly 9.01.060)
9.01.080 Animals at large prohibited.
A. It is unlawful for any person to allow or permit any animal owned by him or within his possession or under his control, to run at large in any park or enter any lake, pond, pool, fountain, or stream. Any animal feces, vomit, or other animal messes shall be immediately removed by the animal’s owner, placed in a plastic bag, and deposited in trash cans.
B. Any violation of the provisions of this section is a Class 1 civil infraction.
(Ord. 887 § 1 (part), 2010; Ord. 763 § 3, 2003; Ord. 715 § 1 (part), 2001. Formerly 9.01.070)
9.01.090 Firearms, explosives and hazardous materials.
A. It is unlawful to shoot, fire or explode any firearms, fireworks, firecracker, torpedo or explosive of any kind or to shoot or fire any air gun, bow and arrow, B.B. gun, or use any slingshot or other propelling device wherein the applied human energy or force is artificially aided, directed or added to in any park, except in such designated recreational areas as may by the director be developed and provided for such activities.
B. It is unlawful to bring hazardous materials into city parks.
C. Any person violating the provisions of this section shall be guilty of a Class A offense as defined in Section 7.01.050.
(Ord. 887 § 1 (part), 2010; Ord. 862 § 1, 2009; Ord. 715 § 1 (part), 2001. Formerly 9.01.080)
9.01.100 Teasing, annoying, or injuring animals prohibited.
A. It is unlawful for any person in any park, in any manner, to tease, annoy, disturb, molest, catch, injure, kill, throw any stone or missile of any kind at, and strike with any stick or weapon, any animal, bird, fowl, or other wildlife, or to catch any fish or feed any fowl except at those places as may be so designated for the hunting of game, catching of fish or the feeding of fowl or animals by the director. This section does not apply to persons who are defending another person or animal from or during an attack or vicious behavior.
B. Any person violating the provisions of this section shall be guilty of a Class A offense as defined in Section 7.01.050.
(Ord. 887 § 1 (part), 2010; Ord. 715 § 1 (part), 2001. Formerly 9.01.090)
9.01.110 Certain vocations and actions prohibited.
A. It is unlawful to take up collections, or to act as or ply the vocation of a canvasser, solicitor, agent, peddler, fakir, mendicant, beggar, strolling musician, organ grinder, exhorter, barker, showman, or vendor, without first obtaining a written permit from the director.
B. It is unlawful to operate or use any microphone, sound equipment, boom box, portable stereo, bullhorn, or loudspeaker in any park at a level which will unreasonably disturb or interfere with the peace, comfort and/or repose of other park visitors or occupants of neighboring properties, without first obtaining a written permit from the director.
C. Any violation of the provisions of this section is a Class 1 civil infraction, with a maximum penalty of two hundred fifty dollars, plus statutory assessments. Additionally, any person violating this section shall be subject to having equipment and/or materials immediately confiscated, if the responding law enforcement officer reasonably believes that the violator’s behavior is likely to continue unless said equipment and/or materials are confiscated.
(Ord. 887 § 1 (part), 2010; Ord. 763 § 4, 2003; Ord. 715 § 1 (part), 2001. Formerly 9.01.100)
9.01.120 Selling refreshments or merchandise or distributing literature.
A. It is unlawful to sell refreshments or merchandise in any park without first entering into a concession contract that complies with the rules and regulations of the director. It is further unlawful for any person to distribute literature of any kind in any park within the city without first obtaining a written solicitors’ and/or canvassers’ license from the city. The director shall establish rules and regulations relating to the issuance of such permit 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 permit.
B. No liquor is allowed on park premises without a liquor permit.
C. Any person violating the provisions of this section shall be guilty of a Class A offense as defined in Section 7.01.050.
(Ord. 887 § 1 (part), 2010; Ord. 715 § 1 (part), 2001. Formerly 9.01.110)
9.01.130 Riding vehicles and animals.
A. It is unlawful for any person to ride or drive any vehicle or animal over or through any park, except along and upon the park drive parkways, park boulevards, or areas posted for vehicular travel, or at a speed in excess of the posted speed limit, or in excess of ten miles per hour where no speed limit is so posted, or to stand or park any vehicle in any park except in areas designated for such purpose by the director and so posted by signs, or to stand or park any vehicle between the hours of ten-thirty p.m. and seven a.m. of the following day, except in such areas as may be designated for such purpose by the director and so posted by signs. This section does not apply to public officials using city vehicles on official city business.
B. Any violation of the provisions of this section is a Class 3 civil infraction with a maximum penalty of fifty dollars plus statutory assessments.
(Ord. 887 § 1 (part), 2010; Ord. 763 § 5, 2003; Ord. 715 § 1 (part), 2001. Formerly 9.01.120)
9.01.140 Camping areas.
A. 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.
B. Any violation of the provisions of this section is a Class 2 civil infraction with a maximum penalty of one hundred twenty-five dollars plus statutory assessments.
(Ord. 887 § 1 (part), 2010; Ord. 763 § 6, 2003; Ord. 715 § 1 (part), 2001. Formerly 9.01.130)
9.01.150 Littering.
A. It is unlawful to deposit trash, garbage, or litter on park property except in the city trash cans provided for that purpose. No hazardous materials shall be deposited in city trash cans.
B. Any person violating the provisions of this section shall be guilty of a Class C offense as defined in Section 7.01.050 for a first offense, and shall be subject to a fine of two hundred fifty dollars. Each day the violation continues shall be a separate offense. Any and all subsequent violations of this section within a period of one year shall be guilty of a Class B offense as defined in Section 7.01.050.
(Ord. 887 § 1 (part), 2010; Ord. 715 § 1 (part), 2001. Formerly 9.01.140)
9.01.160 Group rental of park facilities—Application and permit required.
A. The director may make available city parks and park facilities for private group use, upon such terms and conditions as the director deems appropriate, including park use applications and permits.
B. Prior to issuing park use permits or granting reservation requests, the applicant must produce a valid driver’s license, or other valid photographic identification. A copy of the applicant’s identification shall be placed with the application, reservation, or permit. The applicant shall also be required to sign an agreement indemnifying the city of Ocean Shores against all injuries and property damage during applicant’s use of city park facilities.
C. Sports tournaments and boating events require a one million dollar liability insurance policy, naming the city of Ocean Shores as an additional insured. Applicants must send a copy of all sports liability policies to the director prior to usage of city park facilities. Boating liability policies must be sent to the Ocean Shores police department.
(Ord. 887 § 1 (part), 2010; Ord. 715 § 1 (part), 2001. Formerly 9.01.150)
9.01.170 Violation—Penalties.
All violations of this chapter not specifically designated herein shall be Class B offenses as defined in Section 7.01.050 of this code. (Ord. 887 § 1 (part), 2010; Ord. 715 § 1 (part), 2001. Formerly 9.01.160)