Chapter 11.22
PARK REGULATIONS
Sections:
11.22.060 Recreational activities.
11.22.180 Decisions of director final.
11.22.190 Enforcement authorized.
11.22.200 Ejectment of violators.
11.22.210 Seizure of property.
11.22.240 Trespass in parks—Definition—Punishment.
11.22.010 Short title.
The ordinance codified in this chapter shall be known and may be cited as the city of Sumas park ordinance. (Ord. 1487 § 1 (part), 2007)
11.22.020 Definitions.
For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given in this section:
A. “Director” means the utility superintendent for the city of Sumas.
B. “Park” means a park, reservation, playground, beach, recreation center, or any other area in the city, owned or used by the city, and devoted to active or passive recreation.
C. “Vehicle” means any wheeled conveyance, whether motor-powered, animal-drawn, or self-propelled. The term includes any trailer in tow of any size, kind, or description. Exception is made for baby carriages and vehicles in the service of the city parks. (Ord. 1487 § 1 (part), 2007)
11.22.030 Park property.
No person in a park shall:
A. Buildings and Other Property.
1. Disfigurement and Removal. Willfully mark, deface, disfigure, injure, tamper with, or displace or remove any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal;
2. Restrooms and Washrooms. Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition;
3. Removal of Natural Resources. Dig, or remove any beach sand, whether submerged or not, or any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting, or other means or agency without proper authorization;
4. Erection of Structures. Construct or erect any building or structure of whatever kind, that is permanent in character, or run or string any public service utility into, upon, or across such lands, except on special written permit issued under this chapter, without proper authorization.
B. Trees, Shrubbery, Lawns—Injury and Removal. Damage, cut, carve, transplant, or remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant; nor shall any person attach any rope, wire, or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area.
C. Wild Animals, Birds, Etc.—Hunting. Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile, or bird, nor shall he remove or have in his possession the young of any wild animal, or the eggs or nest, or young of any reptile or bird.
D. Dogs at Large. Allow a dog under that person’s care, custody, or control to run at large. Such dog must be on a leash and within the immediate control of the person. (Ord. 1487 § 1 (part), 2007)
11.22.040 Sanitation.
No person in a park shall:
A. Pollution of Waters. Throw, discharge, or otherwise place or cause to be placed in the waters of any stream or other body of water in or adjacent to any park or any stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of the waters;
B. Bring in, dump, or deposit any trash, waste, or garbage not generated during lawful use of the park. All trash, waste, and garbage generated during lawful use of the park shall not be placed in any waters in or contiguous to the park nor left anywhere on the grounds, but shall be placed in the proper receptacles where provided. Where receptacles are not so provided, all such trash, waste, and garbage shall be carried away from the park by the person(s) responsible for its presence and properly disposed of elsewhere. (Ord. 1487 § 1 (part), 2007)
11.22.050 Traffic.
No person in a park shall:
A. City Motor Vehicle Laws Apply. Fail to comply with all applicable provisions of the city motor vehicle traffic laws in regard to equipment and operation of vehicles, together with such regulations as are contained in this chapter and other ordinances;
B. Enforcement of Traffic Regulations. Fail to obey all traffic officers and park employees, such persons being authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets, or roads immediately adjacent thereto in accordance with the provisions of these regulations and such supplementary regulations as may be issued subsequently by the director;
C. Obey Traffic Signs. Fail to observe carefully all traffic signs indicating speed, direction, caution, stopping, or parking, and all others posted for proper control and to safeguard life and property;
D. Speed of Vehicles. Ride or drive a vehicle at a rate of speed exceeding ten miles an hour, except upon such roads as the director may designate by posted signs for speedier travel;
E. Operation Confined to Roads. Ride or drive any vehicle on any area except the paved park roads or parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas by the director;
F. Parking—Designated Areas. Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions thereat and with the instructions of any attendant who may be present. (Ord. 1487 § 1 (part), 2007)
11.22.060 Recreational activities.
No person in a park shall:
A. Horses and Horseback Riding. Except in the Howard Bowen Memorial Park (West) or on designated bridle trails, ride, lead, possess or otherwise cause to be present any horse. Where permitted, horses shall be thoroughly broken and properly restrained, and ridden with due care and shall not be allowed or ridden on any portion of any ball field, and shall not be allowed to graze or go unattended, nor shall they be hitched to any rock, tree, or shrub. Horses are not permitted in any portion of Howard Bowen Memorial Park (East). (Ord. 1500 § 1, 2008: Ord. 1487 § 1 (part), 2007)
11.22.070 Behavior.
No person in a park shall:
A. Intoxicating Beverages. Except for intoxicating beverages possessed and consumed pursuant to and in compliance with a valid permit or authorization issued by the Washington State Liquor Control Board, consume or possess intoxicating beverages or have entered or be under the influence of intoxicating liquor;
B. Alms. Solicit contributions for any purpose, whether public or private;
C. Fires. Build or attempt to build a fire except in such areas and under such regulations as may be designated by the director. No person shall drop, throw, or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material within any park area or on any highway, road, or street abutting or contiguous thereto;
D. Closed Area. Enter an area posted as “Closed to the Public,” nor shall any person use, or abet the use of, any area in violation of posted notices;
E. Loitering and Boisterousness. Sleep or protractedly lounge on the seats, or benches, or other areas, or engage in loud, boisterous, threatening, abusive, insulting, or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace;
F. Interference with Others. Disturb or interfere unreasonably with any person or party occupying any area, or participating in any activity, in a park. (Ord. 1487 § 1 (part), 2007)
11.22.080 Hours of operation.
A. Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during designated hours, other than as provided in subsection B of this section. The opening and closing hours for each individual park shall be determined by the director and posted therein for public information.
B. Minor Park Curfew. No minor child under the age of eighteen shall enter or remain in the park between the hours of 12:00 midnight and 6:00 a.m.; provided, that a minor child shall not be deemed to be “entering or remaining,” as used in this subsection, when such minor child is accompanied by his or her parent or guardian. Appropriate signs shall be placed so as to give the public notice of the foregoing restriction. (Ord. 1487 § 1 (part), 2007)
11.22.090 Closed areas.
Any section or part of any park may be declared closed to the public by the director at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise), and either entirely or merely to certain uses, as the director finds reasonably necessary. (Ord. 1487 § 1 (part), 2007)
11.22.180 Decisions of director final.
All decisions of the director, or his designee, regarding compliance with the provisions of this chapter shall be final. (Ord. 1487 § 1 (part), 2007)
11.22.190 Enforcement authorized.
The director, police officers for the city of Sumas and park attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter. (Ord. 1487 § 1 (part), 2007)
11.22.200 Ejectment of violators.
The director, police officers for the city of Sumas and any park attendant shall have the authority to eject from the park any person acting in violation of this chapter. (Ord. 1487 § 1 (part), 2007)
11.22.210 Seizure of property.
The director, police officers for the city of Sumas and any park attendant shall have the authority to seize and confiscate any property, thing, or device in the park, or used in violation of this chapter. (Ord. 1487 § 1 (part), 2007)
11.22.220 Violation—Penalty.
Any person found guilty of violating any of the provisions of this chapter shall have committed a misdemeanor and shall be punished by a fine of not more than one thousand dollars or imprisoned not more than ninety days in jail, or by both such fine and jail. (Ord. 1487 § 1 (part), 2007)
11.22.230 Park exclusion.
A. The director, the chief of police for the city of Sumas, or his/her designee, may, by delivering an exclusion notice in person to the offender, exclude from a city park anyone who within a city park:
1. Violates any provision within this chapter;
2. Violates any park rule;
3. Violates any provision of the Sumas 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 effective. The exclusion may be based upon observation by the director, or his designee, or upon the sort of 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 director, or his designee, may exclude the offender from the city parks for a period not exceeding ninety days from the date of the exclusion notice;
2. Has been the subject of a 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 director, or his designee, shall exclude the offender from the city parks for a period of one year 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, all from the same city park in which the current violation occurred, or if the current violation is a felony violation or weapon violation, then the director, or his designee, shall exclude the offender from the city parks for a period of two years 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.
D. An offender receiving an exclusion notice may seek a hearing before the judge of the Sumas municipal court to have the exclusion notice rescinded or the period of exclusion shortened. The request for a hearing shall be delivered to the clerk of the Sumas municipal court or postmarked no later than ten 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 thirty days after the clerk receives the request for hearing. The clerk shall take reasonable steps to notify the offender of the date, time, and place of the hearing.
E. The court may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer oaths to witnesses. The court 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.
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 court 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.
G. If the violation is proved, the exclusion notice shall be upheld; but upon good cause shown, the court may shorten the duration of the exclusion. If the violation is not provided by a preponderance of the evidence, the court shall rescind the exclusion. If the court 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 judge of the Sumas municipal court is final. An offender seeking judicial review of the court’s decision must file an application for a writ of review in the Whatcom County superior court within fourteen 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. 1487 § 1 (part), 2007)
11.22.240 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 11.22.230; 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;
shall be guilty of trespass in parks, a misdemeanor, and, upon conviction, shall be punished by a fine not to exceed one thousand dollars or imprisonment in jail not to exceed ninety days or by both such fine and imprisonment.
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;
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. 1487 § 1 (part), 2007)