Chapter 9.22
PARK RULES AND REGULATIONS
Sections:
9.22.020 Identification of parks.
9.22.050 Animals – Conduct and fecal matter.
9.22.060 Smoking and tobacco use prohibited in city parks.
9.22.070 Aiding and abetting violations.
9.22.090 Trespass in parks – Punishment.
9.22.100 Violations – Penalty.
9.22.010 Purpose.
The establishment and maintenance of park property and facilities is intended to benefit current and future citizens of the city of Soap Lake by providing opportunities for active and passive recreation. Rules and regulations governing use of park properties and park facilities will help to ensure that park property and park facilities are used and maintained in a beneficial manner to the community. The following park rules and regulations are intended to provide standards for the public use and enjoyment of these facilities and to provide for the public health, safety, welfare and protection in the use and enjoyment of these facilities. (Ord. 1165 § 2, 2013).
9.22.020 Identification of parks.
Parks are identified as any existing or future city parks, presently including West Beach Park, East Beach Park, and Veteran’s Park. (Ord. 1165 § 2, 2013).
9.22.030 Hours of operation.
West Beach Park will be open to the public from 8:00 a.m. to 10:00 p.m. East Beach Park will be open to the public from 6:00 a.m. until midnight. Veteran’s Park will be open to the public from 8:00 a.m. to 10:00 p.m. No person shall enter or remain in any municipal park for any purpose whatsoever outside the hours of posted operation. Activities on park property or in park facilities that exceed normal hours of operation or the park rules may be authorized in association with a lease agreement or park use permit authorized by the Soap Lake city council or designee. (Ord. 1165 § 2, 2013).
9.22.040 Prohibited acts.
A. All activities that constitute civil or criminal violations under state, local or federal statutes shall be prohibited on park property or in park facilities.
B. It is unlawful for any person to do or permit any of the following acts within any city park:
1. Scatter, leave, throw, break or strew any litter, bottles, glass, paper, debris, garbage, refuse, or advertising matter in any park except in designated receptacles; provided, however, that it is further unlawful to deposit in such designated litter receptacles or elsewhere within a park any refuse, litter or other trash collected at the home, business or other dwelling of any person and intentionally brought to the park solely for the purpose of disposing of such refuse, litter or trash;
2. Damage, deface, mar, or destroy any park equipment or facility;
3. Cut, damage or destroy any park trees, shrubs, landscaping or plants, including grass;
4. Consume any beer, wine or intoxicating liquor in any park, or have possession of any container of beer, wine or intoxicating liquor in any park; provided, however, that consumption of alcoholic beverages on public beaches or adjacent city parks is permitted if consumption is within a designated area in conjunction with a special event as authorized by the city council or within a designated campsite located within a designated campground;
5. Drive or park any vehicle on the grass in any park or any other place not specifically designated for vehicular traffic, or operate a vehicle negligently within any park or park facility;
6. Disturb or molest the peace of others using the park and park facilities;
7. Solicit, promote or engage in any private commercial enterprise without prior approval of the city council;
8. Start or maintain a fire except in permanent park facilities provided for that purpose or in a barbeque, hibachi or other freestanding apparatus commonly used for outdoor food preparation purposes in an approved portion of the park;
9. Camp in any portion of any park, unless specifically allowed by Soap Lake city council action for special events;
10. Bring, ride, leave, turn loose, or allow any animal, except dogs pursuant to SLMC 9.22.050, to be within a park or park facility; provided, however, that this prohibition shall not apply to a service animal which is defined as any animal which is trained or is being trained to aid a person who is blind, hearing impaired, or otherwise disabled and is used for that purpose and is registered with a recognized service animal organization;
11. Erect, put or place any sign or advertisement in a park or park facility;
12. Engage or participate in any disorderly, lewd, obscene, drunken, or indecent conduct within any park or park facility;
13. Use or engage in any of the following activities: archery, discus, javelin, shot, golf, or aircraft, rocket or missile powered devices;
14. Possess any glass containers within a city park;
15. Use abusive, threatening, profane or obscene language;
16. Engage in or encourage a fight or brawl;
17. Yell, shout, hoot, whistle, or sing so as to unreasonably disturb or interfere with the peace, comfort, repose, health or safety of park users or nearby residents;
18. Meet or gather in large groups or assemblies without first making reservations and obtaining a written permit from the city council. A large group or assembly is that which would occupy one-tenth or more of the user capacity of the park;
19. No person shall enter or remain in any park at any time during which there is in effect a notice of exclusion issued under SLMC 9.22.080 excluding that person from that park;
20. Take, carry or remove any sand or mud forming the shoreline and bottom of Soap Lake. (Ord. 1165 § 2, 2013).
9.22.050 Animals – Conduct and fecal matter.
All animals, except for dogs, are prohibited in the city’s parks. Any person with a dog in his or her possession or under his or her control in any park shall be responsible for the conduct of the dog and shall not allow the dog to bite or otherwise molest or annoy other park visitors. Any person with a dog in his or her possession or under his or her control in any park shall carry equipment for removing fecal matter, and shall collect and place fecal matter deposited by such dog in an appropriate receptacle. All dogs will be leashed. (Ord. 1165 § 2, 2013).
9.22.060 Smoking and tobacco use prohibited in city parks.
Smoking and tobacco use are prohibited in and within 25 feet of any of the following areas or facilities within any park: playfield, public eating area, restroom, and playground or play area including basketball courts or the like. Smoking and tobacco use are prohibited in and within 25 feet of any public market, festival or gathering conducted in any city park. Smoking and tobacco use means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment and any other use of tobacco products. (Ord. 1165 § 2, 2013).
9.22.070 Aiding and abetting violations.
Any person participating in a violation of any provision of this chapter, whether directly committing the act or omitting to do the thing constituting the offense or who aids or abets the same, and whether present or absent, and anyone who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to commit such offense, shall be guilty of the violation or offense. (Ord. 1165 § 2, 2013).
9.22.080 Park exclusion.
A. The police chief or his/her designee may, by delivering an exclusion notice in person to the offender, or by first class mail and certified mail to the offender at the offender’s last known address, exclude from a city park anyone who within a city park:
1. Violates any provision of this chapter; or
2. Violates any park rule; or
3. Violates any provision of the Soap Lake Municipal Code or Revised Code of Washington.
The offender need not be charged, tried, or convicted of any crime or infraction in order for an exclusion notice to be issued or be effective. The exclusion may be based upon observation by the police chief or his/her designee or upon civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause.
B. 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 police chief or his/her designee may exclude the offender from the city park in which the current violation occurred for a period not exceeding seven 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 a weapon violation, then the police chief or his/her designee shall exclude the offender from any or all 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 a weapon violation, then the police chief or his/her designee shall exclude the offender from any or all city parks for a period of one year from the date of the exclusion notice.
C. The exclusion notice shall be in writing and shall contain the date of issuance. The exclusion notice shall specify the length and places of exclusion. It shall be signed by the issuing individual. Warning of the consequences for failure to comply shall be prominently displayed on the notice.
D. Only the police chief or his/her designee after a hearing may rescind, shorten or modify an exclusion notice.
E. An offender receiving an exclusion notice longer than seven days may seek a hearing to have the exclusion notice rescinded, the period of exclusion shortened, or the areas of exclusion reduced. The hearing examiner shall be an elected or pro tempore Soap Lake municipal court judge, unless the mayor designates another as hearing examiner. The request for a hearing shall be delivered to the police chief 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 police chief receives the request for hearing. The police chief or his/her designee shall take reasonable steps to notify the offender of the date, time, and place of the hearing.
F. 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 examiner shall consider a sworn report or a declaration made under penalty of perjury, 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 examiner may consider information that would not be admissible under the evidence rules in a court of law but which the hearing examiner considers relevant and trustworthy.
G. If the violation is proved, the exclusion notice shall be upheld; but upon good cause shown, the hearing examiner may shorten the duration of the exclusion or reduce the areas covered by the exclusion. If the violation is not proved by a preponderance of the evidence, the hearing examiner shall rescind the exclusion. If the hearing examiner rescinds an exclusion, the exclusion shall not be considered a prior exclusion for purposes of subsection (B) of this section.
H. The decision of the hearing examiner is final. An offender seeking judicial review of hearing examiner’s decision must file an application for a writ of review in the Grant County superior court within 14 days of the date of that decision.
I. The exclusion shall remain in effect during the pendency of any administrative or judicial proceeding.
J. 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.
K. This section shall be enforced so as to emphasize voluntary compliance with laws and park rules, and so that inadvertent minor violations that would fall under subsection (B)(1) of this section can be corrected without resort to an exclusion notice. (Ord. 1165 § 2, 2013).
9.22.090 Trespass in parks – Punishment.
It shall constitute a trespass in a city park if any person knowingly:
A. Enters or remains in a park from which he or she has been excluded during the period covered by an exclusion notice pursuant to SLMC 9.22.080;
B. Enters, remains in or is otherwise present within the premises of a park during hours which the park or portion of 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 city or conducted pursuant to the terms of a permit issued by the city council; or
C. Enters or remains in any area of a park which has been designated and posted by the city as a closed area, using such postings as “no admittance” or “closed to use” or “no trespassing.”
The provisions of this section do not apply to any duly authorized person(s) or other city employee in the performance of his/her duties, or other person(s) authorized by law.
Any person trespassing on city park property shall be subject to arrest and prosecution for criminal trespass. (Ord. 1165 § 2, 2013).
9.22.100 Violations – Penalty.
Any violation of any provision of this chapter shall constitute a civil infraction. Each violation of any provision of this chapter shall constitute a separate offense and the violator shall be subject to the following monetary penalties as provided in SLMC 1.10.030:
First violation, C-17;
Second violation, C-7;
Third and subsequent violation(s), C-1. (Ord. 1165 § 2, 2013).