Chapter 8.68
PARK REGULATIONS

Sections:

8.68.010    Rule making authority.

8.68.020    Unauthorized motor vehicles.

8.68.030    Alcoholic beverages.

8.68.040    Smoking prohibited.

8.68.050    Hours of use.

8.68.060    Group use.

8.68.070    City ordinances to remain in effect.

8.68.080    Structures and signs.

8.68.090    Injuring plants.

8.68.100    Entering posted areas.

8.68.110    Littering.

8.68.120    Fires.

8.68.130    Remaining after closing hours.

8.68.140    Pet animals.

8.68.145    Fishing.

8.68.150    Weapons.

8.68.155    Fireworks prohibited.

8.68.160    Molesting animals.

8.68.170    Selling merchandise prohibited.

8.68.180    Bicycles, scooters, roller skates/roller blades.

8.68.190    Games.

8.68.200    Violation deemed misdemeanor—No-trespass orders authorized.

8.68.210    Interference with employees.

8.68.220    Violations—Penalties.

8.68.010 Rule making authority.

The city manager, or his or her designee, may make and promulgate reasonable rules and regulations for safety and sanitation and periods of public use of public parks of the city, which shall be posted in conspicuous places in or adjacent to any park of the city. (Ord. 1921-0518 (part), 2018; Ord. 1806-0512 § 1 (part), 2012)

8.68.020 Unauthorized motor vehicles.

Unless authorized in advance for a permitted park use or special event specifically designated by the city manager, or his or her designee, motor vehicles are prohibited in all areas of any city park, except that motor vehicles licensed by the Washington State Department of Licensing or similar licensing department from another state are permitted in areas designated for parking only. For purposes of this section, “motor vehicles” are defined as any device with two or more wheels powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion. Examples of motor vehicles include, but are not limited to, motorized foot scooters, mini-motorcycles, and all-terrain vehicles. This section shall not apply to any disabled person using a wheelchair conveyance as defined in RCW 46.04.710, or city-owned or approved park maintenance vehicles. (Ord. 1921-0518 (part), 2018; Ord. 1806-0512 § 1 (part), 2012)

8.68.030 Alcoholic beverages.

No person shall possess or consume an alcoholic beverage in any city park. (Ord. 1806-0512 § 1 (part), 2012)

8.68.040 Smoking prohibited.

All city parks shall be designated nonsmoking areas. Areas exempt shall include private vehicles, city streets, or any person passing by or through while on a public sidewalk or public right-of-way has not violated this chapter. (Ord. 1806-0512 § 1 (part), 2012)

8.68.050 Hours of use.

Unless authorized in advance with a park use permit or special events permit by the city manager, or his or her designee, city parks shall be open from dawn until dusk each day. No person shall go upon any city park except during open hours. (Ord. 1921-0518 (part), 2018; Ord. 1806-0512 § 1 (part), 2012)

8.68.060 Group use.

Groups of more than twenty people shall not be allowed to use any city park without first obtaining a permit from the city. The conditions for issuance of a permit shall be set by the city manager, or his or her designee, and shall be designed to mitigate problems caused by large groups, such as park overcrowding, noise, traffic, safety concerns, competition over park facilities, littering, crime, and damage to park facilities. Groups wishing to reserve park facilities such as ballfields and picnic shelters must make a reservation prior to such use by contacting the community services department. (Ord. 1921-0518 (part), 2018; Ord. 1806-0512 § 1 (part), 2012)

8.68.070 City ordinances to remain in effect.

The ordinances of the city and the laws of the state not in conflict with this chapter shall remain in full force and effect as to city parks. (Ord. 1806-0512 § 1 (part), 2012)

8.68.080 Structures and signs.

No person, firm or corporation shall use, place or erect any placard, notice, sign or device or any kind of advertising in any park, or erect a structure of any kind in any park; provided, however, the city manager, or his or her designated representative, may permit the erection of temporary directional signs, decorations, advertising signs or temporary stands and buildings on occasions of a permitted park use or special events specifically designated by the city manager or his or her designee. Except during permitted use or special events, signs must be affixed in such a way that they do not block the vision of first responders entering the park. (Ord. 1921-0518 (part), 2018; Ord. 1806-0512 § 1 (part), 2012)

8.68.090 Injuring plants.

No person shall, without the written permission of the city manager or his or her designee, cut, injure, deface, remove or disturb any tree, shrub, plant, building, fence, bench or other structure, apparatus or property in a public park or a public place, or injure, misuse or remove any device placed to protect such tree, shrub, building, fence, bench, or other structure, apparatus or property. (Ord. 1921-0518 (part), 2018; Ord. 1806-0512 § 1 (part), 2012)

8.68.100 Entering posted areas.

No person shall enter upon any portion of lawn or ground within a public park or a public place when notified by a sign placed in such park or public place, or by a police officer, not to enter upon such lawn or ground. (Ord. 1806-0512 § 1 (part), 2012)

8.68.110 Littering.

No person shall throw or deposit any refuse, litter, garbage or other waste materials in any park or public place, except in designated receptacles. (Ord. 1806-0512 § 1 (part), 2012)

8.68.120 Fires.

No person shall make or kindle any fire in a public park or public place except at places designated for such purpose. (Ord. 1806-0512 § 1 (part), 2012)

8.68.130 Remaining after closing hours.

Unless authorized by the city manager or his or her designee for a permitted park use or special events, no person or motor vehicle shall remain in a public park or public place after the posted closing hours. Any motor vehicle found parked in violation shall be towed away at the owner’s expense and/or cited. Signs shall be posted in parking areas in public places designating such places as tow-away zones in conformance with RCW 46.55.070. (Ord. 1921-0518 (part), 2018; Ord. 1806-0512 § 1 (part), 2012)

8.68.140 Pet animals.

No owner or custodian of a pet animal shall allow the pet animal to enter any city of Shelton park, whether the animal is on a leash or unleashed. Medically necessary and law enforcement animals are exempt from this provision as well as specifically designated parks or park areas by the city of Shelton. (Ord. 1806-0512 § 1 (part), 2012)

8.68.145 Fishing.

No person may fish where a sign prohibiting such activity is posted. A violator of this section may be charged with an infraction for which the penalty is listed in Section 8.68.220. (Ord. 1806-0512 § 1 (part), 2012)

8.68.150 Weapons.

No person shall possess any air gun, BB gun, slingshot or any bow and arrow in a public park, or use or discharge any such weapon, or any firearm, in a public park or any other public place, unless otherwise authorized as a part of an organized recreation program of the park and recreation department of the city, or other public agency, a permitted park use, or a special event specifically designated by the city manager or his or her designee. A violator of this section may be cited into an appropriate court of law and charged with a misdemeanor. Conviction of such misdemeanor shall be punished by a fine of not more than one thousand dollars, imprisonment for a term not to exceed ninety days, or both. (Ord. 1921-0518 (part), 2018; Ord. 1806-0512 § 1 (part), 2012)

8.68.155 Fireworks prohibited.

No person shall possess, nor allow any minor child under said person’s immediate supervision to use, possess or explode any fireworks in any public park. The term “fireworks” shall include “consumer fireworks” as per the provisions of Chapter 70.77 RCW. (Ord. 1806-0512 § 1 (part), 2012)

8.68.160 Molesting animals.

No person shall 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 bird in a public park or public place. A violator of this section may be charged with a misdemeanor. Conviction of such misdemeanor shall be punished by a fine of not more than one thousand dollars, imprisonment for a term not to exceed ninety days, or both. (Ord. 1806-0512 § 1 (part), 2012)

8.68.170 Selling merchandise prohibited.

Unless authorized in advance for a permitted park use specifically designated by the city manager or his or her designee, no person shall sell any food, refreshments, goods, services or merchandise in a public park. (Ord. 1921-0518 (part), 2018; Ord. 1806-0512 § 1 (part), 2012)

8.68.180 Bicycles, scooters, roller skates/roller blades.

No person shall ride or drive any bicycle, scooter, skateboard, or roller skates/roller blades in any city park in a manner that is negligent or endangers or is likely to endanger any person or property. For purposes of this section, “negligent” means the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstance or the failure to do something that a reasonably careful person would do under the same or similar circumstances. (Ord. 1806-0512 § 1 (part), 2012)

8.68.190 Games.

No person shall practice or play golf, baseball or other games of like character in any public park or public place except at places designated for such purposes. (Ord. 1806-0512 § 1 (part), 2012)

8.68.200 Violation deemed misdemeanor—No-trespass orders authorized.

A.    The police department has the authority to issue and serve no-trespass orders, informing the recipient that he or she is prohibited from entering or remaining on the city property identified in the order, upon the following:

1.    Persons responsible for violation of Section 8.68.220; and

2.    Persons who the department has probable cause to believe have committed a criminal offense or nuisance on city property. For purposes of this provision, “city property” does not include streets and city rights-of-way.

B.    No-trespass orders shall be in writing and shall contain the following elements:

1.    The signature of the issuing police officer;

2.    The date of issuance;

3.    The reason for issuance;

4.    The duration of the order, not to exceed one year;

5.    Identification of the property the recipient is prohibited from entering or remaining on;

6.    Language notifying the recipient that violation of the terms of the order shall give rise to criminal prosecution under this chapter; and

7.    A description of how to appeal the order pursuant to subsection C of this section.

C.    Appeal. The recipient of a no-trespass order may appeal issuance or terms of the order by submitting a written appeal request to the police chief or designee.

1.    Upon receipt of a request for appeal, the police chief or designee shall meet with the appellant, receive such evidence as the appellant chooses to present, and review any sworn statement of the issuing officer. If the police chief or designee determines it is more likely than not that the appellant committed the violation that prompted the trespass order, the order shall be affirmed. Upon affirming an order, the police chief or designee may, at his or her discretion, reduce the duration of the no-trespass order for good cause shown.

2.    The decision of the police chief or designee shall be final. (Ord. 1806-0512 § 1 (part), 2012)

8.68.210 Interference with employees.

No person, firm or corporation shall prevent, delay or interfere with the employees of the city in the planting, pruning, spraying or removing of trees, plants or shrubs or other maintenance functions in a public park or a public place. (Ord. 1806-0512 § 1 (part), 2012)

8.68.220 Violations—Penalties.

A.    Violations Are Public Nuisances. Unless otherwise designated elsewhere in this chapter, violations of any of the provisions of this chapter are proclaimed to be public nuisances. Those persons responsible for maintaining with knowledge such nuisance, or for committing a crime in any city park, shall be subject to immediate ejection from the city park area and served with a no-trespass order by the police department pursuant to the procedures of Section 8.68.200.

B.    Infractions May Be Charged. Unless otherwise specifically set forth herein, a violator may also be charged with a Class 3 civil infraction under Chapter 7.80 RCW. Repeat violations shall constitute Class 1 civil infractions under Chapter 7.80 RCW.

C.    Special Event Permit May Authorize Activities. The city may authorize, through issuance of a special event permit, a use or activity that would otherwise constitute a violation of this chapter, including but not limited to alcohol-related events such as wine tastings or beer gardens or events allowing animals in city parks. (Ord. 1854-0714 § 2, 2014: Ord. 1806-0512 § 1 (part), 2012)