Chapter 12.60
CITY PARKS, TRAILS, AND FACILITIES

Sections:

12.60.010    Purpose.

12.60.020    Applicability.

12.60.030    Private use and permits required for certain activities.

12.60.040    General park, trail, and facility rules.

12.60.045    Community athletics program nondiscrimination policy.

12.60.050    General park hours.

12.60.060    Bill Heath Sports Complex.

12.60.065    Skateboard Park (SK8).

12.60.070    Heritage Park.

12.60.080    Senior center.

12.60.090    Repealed.

12.60.095    Repealed.

12.60.100    City Hall.

12.60.110    Repealed.

12.60.120    Cemetery.

12.60.130    Waste water treatment plant.

12.60.140    City shops.

12.60.145    Loyalty Park.

12.60.150    Seibenthaler Park.

12.60.155    Rainier View Park.

12.60.160    Repealed.

12.60.170    Variation from rules.

12.60.180    Disruption of public facilities.

12.60.185    Public facility – Criminal activity – Prohibition of entry.

12.60.190    Violation – Penalty.

12.60.010 Purpose.

The purpose of this chapter is to govern the use of city parks, trails, and facilities by the public. This chapter shall constitute the park code of the city and may be cited as such. Conduct in all public parks, trails, and city facilities shall be subject to all the general police regulations of this code and not exclusively of the provisions of this chapter. (Ord. 2677 § 1 (part), 2019: Ord. 2569 § 1 (part), 2016: Ord. 2480 § 1 (part), 2014: Ord. 1812 § 1, 1997)

12.60.020 Applicability.

This chapter shall apply to all city owned parks, trails, and facilities which now or may in the future exist.

A. City parks shall include Loyalty Park, Seibenthaler Park, Reuben Knoblauch Heritage Park, Library Park, Skateboard Park (SK8), Rainier View Park, Confluence Park, and the Bill Heath Sports Complex.

B. City trails shall include the Sumner Link Trail and all adjoining recreational and amenity areas.

C. City facilities include Sumner Senior Center, City Hall, waste water treatment plant, city shops, the Ryan House and cemetery. (Ord. 2677 § 1 (part), 2019: Ord. 2569 § 1 (part), 2016: Ord. 2480 § 1 (part), 2014: Ord. 1998 § 1, 2001; Ord. 1812 § 2, 1997)

12.60.030 Private use and permits required for certain activities.

Unless otherwise enumerated in this chapter, city parks, trails, and facilities cannot be reserved or used as a private venue. Events and functions that are open to the public, or involve certain activities, may require a special event permit as outlined in chapter 12.52 SMC. (Ord. 2677 § 1 (part), 2019: Ord. 2605 § 2, 2017)

12.60.040 General park, trail, and facility rules.

The following rules apply to all city parks, trails, and facilities unless otherwise modified in this chapter:

A. No person shall cut, remove, destroy, mutilate, or deface any turf, tree, plant, shrub, flower, structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, lighting system, irrigation system, play equipment, or the property, except normal maintenance.

B. No person shall leave, deposit, drop, or scatter bottles, broken glass, ashes, wastepaper, cans, or other rubbish in a park except in a garbage can or other receptacle designated for such purposes.

C. No person shall deposit any household or commercial garbage, refuse, waste, or rubbish which is brought as such from any private property in any garbage can or other receptacle designated for such purpose.

D. No person shall drain or dump refuse or waste from any trailer, camper or automobile or other vehicle except in designated disposal areas or receptacles.

E. No person shall pollute or in any way contaminate by dumping or otherwise depositing therein any waste or refuse of any nature, kind or description, including human waste or bodily waste, in any stream, river, lake, or other body of water running in, through, or adjacent to any park, trail, or facility.

F. No person shall contaminate or pollute by dumping or otherwise depositing therein soap, detergent, colorings, human or animal urine or other bodily waste in any fountain, pond, or pool.

G. No person shall clean or wash any automobile or any other vehicle.

H. No person shall possess, discharge, set off or cause to be discharged in or into any park any firecracker, torpedo, rocket, firework, hand grenade, explosive, or other substance harmful to the life or safety of persons or property.

I. No person shall discharge across, in, or into any park, trail, or facility a firearm, bow and arrow, air or gas weapon, slingshot, or any device capable of injuring or killing any person or animal or damaging or destroying any public or private property unless otherwise authorized by law.

J. No person shall annoy, bother, molest, insult or offer an affront to any other person.

K. No person shall possess or open and/or consume any alcoholic beverages or open and/or consume any marijuana, marijuana-infused product, or marijuana concentrates (RCW 69.50.445).

L. No person shall practice or play golf.

M. No motorized vehicles shall be permitted other than battery powered mobility devices.

N. No riding of bicycles, skateboards, roller skates, or in-line skates shall be allowed, except on pathways, trails, and other areas designated to specifically permit such activities.

O. No person shall fly rockets or gas powered model aircraft.

P. All animals in a park or on a trail shall be on a leash, and the owners of the animals shall be responsible for disposing of, in a sanitary fashion, any animal excrement. Horses are not permitted.

Q. No fires shall be permitted in any park or trail or area adjacent thereto except in designated barbecues or areas.

R. There shall be no use involving a group or cause promoting hatred, discrimination or otherwise fostering violations of other individuals’ civil rights.

S. Athletic teams participating in an athletic league organized by any public, private or nonprofit organization shall use, for competitive events or for practices, only those fields or facilities designated for use for that athletic event in the Sumner parks and open space plan.

T. No camping or overnight stays allowed.

U. It is unlawful to enter or remain in any park, trail, or public facility while closed. (Ord. 2677 § 1 (part), 2019: Ord. 2569 § 1 (part), 2016: Ord. 2536 § 1, 2015: Ord. 2480 § 1 (part), 2014: Ord. 1994 § 1, 2002: Ord. 1812 § 4, 1997)

12.60.045 Community athletics program nondiscrimination policy.

A. Purpose. To establish policy and procedure to provide equal access to public community athletics programs and sports facilities by prohibiting discrimination against any legally protected class.

B. Definitions. For purposes of this policy, “legally protected class” shall mean, but shall not be limited to, gender, sex, sexual orientation, race, creed, national origin, age, religion or disability.

C. Policy. The city of Sumner does not discriminate against any person or legally protected class in the operation, conduct or administration of community athletics programs or sports facilities.

D. Definitions.

“Community athletics program” means any athletics program that is organized for the purpose of training for and engaging in athletic activity and competition that is in any way operated, conducted, administered or supported by the city of Sumner.

“Sports facilities” means any property owned, operated or administered by the city of Sumner for the purpose of training for and/or engaging in athletic activity and competition.

E. Procedures.

1. Community athletics programs administered by the city of Sumner will be operated in a manner that promotes equal opportunities for all participants.

2. The city of Sumner will allocate and schedule sports facilities in a manner that provides equal access to all community athletics programs.

3. It will be added as a provision of all sports facility leases, use agreements or permits administered by the city of Sumner that all users should follow the state and federal laws against discrimination in facility and program access.

4. The city of Sumner will not issue a lease or permit for use of any sports facility to a third party that discriminates against any legally protected class in the operation, conduct or administration of a community athletics program.

5. If discrimination is reported, the city of Sumner will expeditiously investigate. If discrimination is thereafter determined, the city of Sumner shall take the appropriate corrective action.

F. Reporting. Any citizen or group that feels she, he or it has been the victim of discriminatory treatment in violation of this policy should report this concern to the public works manager at Sumner City Hall, 1104 Maple Street, Sumner, WA 98390, or (253) 299-5714. (Ord. 2677 § 1 (part), 2019: Ord. 2619 §§ 1 – 6, 2017)

12.60.050 General park hours.

Unless modified in this chapter, the hours of all parks, trails and facilities for public use shall be 6:00 a.m. to 10:00 p.m. (Ord. 2677 § 1 (part), 2019: Ord. 2569 § 1 (part), 2016: Ord. 2480 § 1 (part), 2014: Ord. 1812 § 5, 1997)

12.60.060 Bill Heath Sports Complex.

The following special rules apply to the Bill Heath Sports Complex:

A. Complex fields shall be open for reserved activities throughout the year. The city has an agreement with Northwest Prospects Academy (NPA) for scheduling the use and collection of associated fees.

B. When fields are rented for any use which requires field maintenance or dragging, lining, and the setting of bases, a fee shall be charged. Costs associated with special or after hours field preparation shall be borne by the user and reflected in the associated user fee.

C. No animals shall be allowed inside the fences of the playing fields at the Bill Heath Sports Complex.

D. The city of Sumner and NPA shall govern the use of fields concerning type of equipment, user ability and/or league classification. Users are responsible for their actions while using the facility.

E. Open play is encouraged; however, if infields are prepped for a game, or posted closed, then open play is not permitted. (Ord. 2677 § 1 (part), 2019: Ord. 2569 § 1 (part), 2016: Ord. 2480 § 1 (part), 2014: Ord. 2182 § 1, 2006: Ord. 1812 § 6, 1997)

12.60.065 Skateboard Park (SK8).

It is the intent of the skateboard park to be a public facility that can be utilized in a manner consistent with the use of skateboards, scooters, and in-line skates. Other uses of this facility in a manner contrary to its intended use are strictly prohibited. To facilitate the use of the skateboard park the following rules are established:

A. The hours for the skateboard park shall be 8:00 a.m. to dark daily.

B. Only skateboards, nonmotorized two-wheeled scooters, and in-line skates are allowed within the fenced portion of the skateboard park. Bicycles, tricycles, motorized scooters and similar vehicles and apparatuses are prohibited within the fenced portion of the skate park. Lying, standing, or sitting down within the bowl that inhibits or prevents individuals from using the skate park in the manner for which it was intended is prohibited.

C. Alcohol, marijuana and illegal drugs are strictly prohibited.

D. Tagging, graffiti, painting, and similar destructive behaviors are prohibited.

Nothing in this section limits the city’s ability to enforce other applicable state and local laws, rules, and/or regulations. (Ord. 2677 § 1 (part), 2019: Ord. 2480 § 1 (part), 2014: Ord. 2245 § 1, 2007: Ord. 1998 § 2, 2001)

12.60.070 Heritage Park.

The park and/or gazebo are available for both private and public use under the special event permit process as outlined in chapter 12.52 SMC.

Priority for use of the park gazebo shall be to the city government, Sumner School District, Sumner community and not-for-profit organizations, other governmental entities doing business in Sumner, and lastly, private parties. (Ord. 2677 § 1 (part), 2019: Ord. 2605 § 3, 2017)

12.60.080 Senior center.

A. The purpose of the Sumner senior center is to enhance the lives of older adults by providing services and support which enable them to keep their dignity and maintain independent living. Sumner senior center promotes social, health and educational opportunities for older adults.

B. The city operates the senior center through a public/private partnership agreement. Service level standards including hours and activities are designated in the services agreement.

C. Priority for use of the senior center is established as follows:

1. Senior center scheduled activities;

2. General city government functions;

3. Other governmental entities’ functions.

The use of the senior center for a government function shall require approval by the mayor or city administrator, or be approved by a majority of the council.

The senior center shall not be available for reservations. (Ord. 2677 § 1 (part), 2019: Ord. 2605 § 4, 2017)

12.60.090 Golf course.

Repealed by Ord. 2480. (Ord. 1812 § 9, 1997)

12.60.095 Sumner Meadows Golf Links fee schedule.

Repealed by Ord. 2480. (Ord. 2206 §§ 1, 2, 2007: Ord. 2169 §§ 1, 2, 2006: Ord. 2125 § 1, 2005: Ord. 2079 § 1, 2004: Ord. 2010 § 1, 2002: Ord. 1952 § 1, 2001: Ord. 1910 § 1, 1999: Ord. 1870 § 1, 1999: Ord. 1825 § 1, 1998)

12.60.100 City Hall.

The City Hall council chambers are available for use for meetings only; provided a city staff person or responsible government official is in attendance during such use of the council chambers.

Approval of the use of City Hall shall be granted by the mayor or city administrator, or approved by a majority of the council. (Ord. 2677 § 1 (part), 2019: Ord. 2605 § 5, 2017)

12.60.110 Fire station.

Repealed by Ord. 2480. (Ord. 1812 § 11, 1997)

12.60.120 Cemetery.

The fees and use of the cemetery shall be set by chapter 8.04 SMC. (Ord. 2677 § 1 (part), 2019: Ord. 2480 § 1 (part), 2014: Ord. 1812 § 12, 1997)

12.60.130 Waste water treatment plant.

The mayor or city administrator shall develop and implement rules for the use of the waste water treatment plant. (Ord. 2677 § 1 (part), 2019: Ord. 2480 § 1 (part), 2014: Ord. 1812 § 13, 1997)

12.60.140 City shops.

The mayor or city administrator shall develop and implement rules for the use of the city shops. (Ord. 2677 § 1 (part), 2019: Ord. 2480 § 1 (part), 2014: Ord. 1812 § 14, 1997)

12.60.145 Loyalty Park.

The park shall not be available for reservations; however, under certain conditions, as outlined in SMC 12.60.030 and chapter 12.52 SMC, it may be used as a venue for a special event that is open to the public. (Ord. 2677 § 1 (part), 2019: Ord. 2605 § 6, 2017)

12.60.150 Seibenthaler Park.

The park shall not be available for reservations; however, under certain conditions, as outlined in SMC 12.60.030 and chapter 12.52 SMC, it may be used as a venue for a special event that is open to the public. (Ord. 2677 § 1 (part), 2019: Ord. 2605 § 7, 2017)

12.60.155 Rainier View Park.

The park shall not be available for reservations; however, under certain conditions, as outlined in SMC 12.60.030 and chapter 12.52 SMC, it may be used as a venue for a special event that is open to the public. (Ord. 2677 § 1 (part), 2019: Ord. 2605 § 8, 2017)

12.60.160 Damage deposits.

Repealed by Ord. 2605. (Ord. 2480 § 1 (part), 2014: Ord. 1812 § 16, 1997)

12.60.170 Variation from rules.

Variations from this chapter may be approved as a special event pursuant to chapter 12.52 SMC. (Ord. 2677 § 1 (part), 2019: Ord. 2480 § 1 (part), 2014: Ord. 1812 § 17, 1997)

12.60.180 Disruption of public facilities.

A person is guilty of disruption of a public facility if he or she enters or remains in a public facility and:

A. Intentionally interferes with the proper functioning of the public facility by causing a substantial disruption of the public facility or the activities occurring at the public facility; or

B. Intentionally interferes with the use of the public facility by other members of the public and such interference is caused while the person is using the public facility in a manner other than for which the public facility was intended.

C. A violation of this section is a misdemeanor.

Public facilities are those places, buildings, and areas as set forth in SMC 12.60.020 as currently enacted or hereafter amended. (Ord. 2677 § 1 (part), 2019: Ord. 2536 § 2, 2015: Ord. 2480 § 1 (part), 2014: Ord. 2245 § 3, 2007)

12.60.185 Public facility – Criminal activity – Prohibition of entry.

A. The city council finds that, from time to time, the right of the general public to enjoy public facilities provided by the city is infringed upon by persons who engage in criminal conduct at the public facilities or who possess and consume alcohol at the public facilities. The city council further finds that the right of persons who engage in criminal activity at public facilities is outweighed by the right of law abiding citizens to use such facilities without the interference or fear of the criminal activity of others.

B. Whenever a police officer or a judge, commissioner, or judge pro tempore of the Sumner municipal court has probable cause to believe that a person has committed any act set forth in subsection (D) of this section on any public facility as defined in this chapter, that person may be given a written order prohibiting that person from entering the public facility where the act was committed. When issued by a police officer, the order shall remain effective for 45 days; provided, that in the event the person is charged with a crime or infraction that gives rise to the issuance of such order, the order shall remain effective until the person is arraigned for such charge or appears for a hearing for such infraction. In the event the person is charged with a crime or infraction that gives rise to the issuance of the prohibition of entry, the judge, commissioner, or judge pro tempore shall, upon finding probable cause, issue, reissue, or extend the order that shall remain effective for the period in which the court retains jurisdiction over the matter.

C. Whenever a police officer has probable cause to believe that a person is on or has entered a public facility and such person is prohibited from being on or entering the public facility pursuant to this section, the officer may arrest the person for violating the prohibition of entry.

D. An act which may result in the issuance of a written order prohibiting a person from entering a public facility may consist of any of the following when committed in or on the public facility:

1. Any act that qualifies as a felony crime;

2. Any act that qualifies as a gross misdemeanor or misdemeanor crime; excluding traffic offenses except for violations of RCW 46.61.500, Reckless driving; RCW 46.61.502, Driving under the influence; RCW 46.61.503, Driver under 21 consuming alcohol; RCW 46.61.504, Physical control of vehicle under the influence; or RCW 46.61.5249, Negligent driving – First degree;

3. Any act that qualifies as a violation of RCW 66.44.100, Opening or consuming liquor in public place;

4. Any act that qualifies as a violation of RCW 69.50.445, Opening or consuming marijuana in a public place;

5. Any act that involves entering an area defined as a public facility in this chapter after the area is closed to the public.

E. In the event that no criminal charges are filed as a result of the activity that leads to the police officer’s issuance of the order prohibiting entry, the person prohibited from entering the public facility may request to have the order removed prior to the expiration of the 45-day period. Such request shall be filed with the city attorney’s office. Such request shall contain a valid return address or contact information sufficient to enable the court to provide written notice of court dates. Within five days of receipt of the request for hearing, the city attorney’s office shall submit a request for hearing to the Sumner municipal court. The court shall set a hearing to be held within 10 days of the date such request for hearing is received by the court from the city’s legal department. The city must establish that probable cause exists to believe that the person committed any act set forth in subsection (D) of this section. Proof of probable cause may be established based upon the sworn declaration incorporated by reference in a police officer’s report that substantially conforms to the requirements of RCW 9A.72.085 without further evidentiary foundation. The sworn declaration may be supplemented by the testimony of witnesses and the presentation of other evidence. The person against whom the order was issued shall have the opportunity to present evidence and testimony when challenging the order.

F. A person who violates any prohibition of entry issued pursuant to this section shall be guilty of a misdemeanor.

Public facilities are those places, buildings, and areas as set forth in SMC 12.60.020 as currently enacted or hereafter amended. (Ord. 2677 § 1 (part), 2019: Ord. 2480 § 1 (part), 2014: Ord. 2245 § 4, 2007)

12.60.190 Violation – Penalty.

A. Unless specifically designated in this chapter or otherwise specified in the Revised Code of Washington and adopted by reference as a gross misdemeanor or misdemeanor, any violation of this chapter is a Class 2 civil infraction, and upon a finding that a violation has been committed, the person committing the act shall be assessed a monetary penalty in an amount not to exceed $125.00 plus applicable statutory assessments. Such penalty is in addition to any other remedies or penalties specifically provided by law. A person is deemed to have committed a separate offense for each day or occurrence during which he or she commits, continues, or permits a violation of any provision of, or permit issued under, this chapter.

B. “Civil infraction” has the meaning given that term by chapter 7.80 RCW, the Infraction Rules for Courts of Limited Jurisdiction (“IRLJ”) and any local rule adopted thereto by the Sumner municipal court.

C. Sumner Municipal Court – Jurisdiction. The Sumner municipal court shall have jurisdiction to adjudicate, in accordance with applicable laws, any violation of this chapter; provided, that in the event jurisdiction over a juvenile lies with another court, that other court shall have jurisdiction to adjudicate the offense. (Ord. 2677 § 1 (part), 2019: Ord. 2536 § 3, 2015: Ord. 2480 § 1 (part), 2014: Ord. 2245 § 5, 2007: Ord. 1812 § 19, 1997)