Chapter 2.80


2.80.010    Definitions.

2.80.020    Prohibited acts.

2.80.030    Guidelines and required permits.

2.80.040    Guidelines for alcoholic beverages.

2.80.050    Fees.

2.80.060    Reward.

2.80.070    Penalty for violations.

2.80.010 Definitions.

The terms used in this chapter, unless clearly contrary to or inconsistent with the context in which they are used, shall be construed as follows:

“Park” means and includes all city parks, public squares, park drives, parkways, boulevards, park museums, swimming and wading pools, play and recreation grounds and cemetery grounds, all of which are maintained by the city and under the jurisdiction of the park department.

“Park board” means the members of the park board.

“Park director” means the department head duly appointed by the city manager who has, as his or her primary duty, the parks of the city. (Ord. 2004-4 § 1, 2004).

2.80.020 Prohibited acts.

The following are unlawful within the park areas as defined in TMC 2.80.010:

A. To use, place, or erect any sign board, sign, billboard, bulletin, post, pole, or device of any kind of advertising in any park, or to attach any notice, bill, poster, sign, wire, rope or cord to any tree, shrub, railing, post, or structure within any park, or place or erect in any park a structure of any kind;

B. To remove, destroy, mutilate, damage or deface any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, shrub, tree, fern, plant, flower, lawn, lighting system, sprinkler system or other property lawfully within any park;

C. To allow or permit any animal to run at large in any park or enter any swimming pool or wading pool or stream within any park;

D. To make or cause to be made any loud noise by voice, instrument of any nature or sound amplification system, or to shoot, fire or explode any firearm, fireworks, firecrackers, torpedo or explosive of any kind or to carry any firearm or to shoot or fire any gun, bows or arrows, BB gun or use any slingshot in any park, except as provided by this chapter;

E. To distribute any advertising matter, to take up collections or to act as or ply the vocation of solicitor, agent, peddler, fakir, merchant, beggar, strolling musician, organ grinder, exhorter, barker, or showman, except as permitted by this chapter;

F. To have or ride any horse, mule, or other riding animal except over bridle trails and other designated areas;

G. To use or possess any alcoholic beverage in any park, except as provided in TMC 2.80.040, or to use or possess any illegal drug, or to conduct oneself in a disorderly manner in any park;

H. To ride or drive any motorcycle, motor vehicle, horse, or pony over or through any park; or to stand or park any vehicle, except in areas designated by the park director;

I. To ride or drive any bicycle, tricycle, skateboard, roller skate, or any other motorized or nonmotorized vehicle on any tennis court in any park;

J. To camp in any park except in areas designated for such purposes by the park director;

K. To throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk, in any park, or to deposit any such material therein except in designated receptacles;

L. To build any fires in any park except in areas designated by the park director;

M. To enter or remain in any park between the hours of 11:00 p.m. and 6:00 a.m., except for activities authorized by the park director;

N. To violate or fail to comply with any park rule, guideline, or regulation adopted and posted by the park director;

O. To use a metal detection device within a park without first having a permit therefor. Said permit shall be issued by the parks director or his designee, upon written application made by the person who uses the metal detector, on such application form as the city shall provide. Said permit shall be issued on condition that the user cause no permanent damage to park property, and that any grass, other vegetation and soil that is invaded or disturbed by the user in efforts to recover detected items be promptly restored to substantially the same condition it was originally in. The permit of any person who shall fail to abide by such conditions shall be subject to immediate revocation by the parks director or his designee. (Ord. 2004-4 § 1, 2004).

2.80.030 Guidelines and required permits.

The park director shall establish guidelines and may require a written permit for the following activities:

A. Reserving and Scheduling Use of Park Facilities. Reservations for park use must be made at least 10 days prior to the date of intended use. Persons making reservations must provide a security deposit as provided by the guidelines to protect the city against damage or destruction of park facilities and the impairment of ecological conditions which might occur within the park;

B. Installing temporary or permanent director signs or decorations or using any loudspeaker, stereo system, or other sound amplification system within the parks for any individual or group event or activity within any park;

C. Selling refreshments or merchandise, distributing literature or advertising matter within any park, or entering into concession contracts for selling foods or items within any park. (Ord. 2010-19 § 1, 2010; Ord. 2004-4 § 1, 2004).

2.80.040 Guidelines for alcoholic beverages.

The park director and police chief shall establish guidelines governing the granting of permits authorizing the consumption, possession or transportation into any park of wine, beer, or any other alcoholic beverages. Pursuant to the guidelines, the park director shall be authorized to grant permits authorizing persons or groups to consume, possess or transport the alcoholic beverages within the parks; provided, that the issuance of the permit shall not be a defense to prosecution for offenses otherwise prohibited. (Ord. 2004-4 § 1, 2004).

2.80.050 Fees.

A. Fees shall be charged for the reservation and scheduling of the use of park facilities because of the ongoing costs incurred by the city for maintaining the parks, including the costs of materials, equipment and park personnel.

B. Such fees shall be as established by resolution of the city council, as amended from time to time, regardless of the number of persons that reserve the park, in four-hour increments, for a minimum of four hours. The four-hour increments shall be scheduled as follows:

10:00 a.m. – 2:00 p.m.

2:00 p.m. – 6:00 p.m.

6:00 p.m. – 10:00 p.m.

C. The following organizations in the city of Toppenish are exempt from the fees otherwise imposed under subsections A and B of this section:

1. Chamber of Commerce;

2. Rotary Club;

3. Lions Club;

4. Mural Society;

5. Garden Club;

6. Yakima Valley Rail and Steam Museum Association;

7. Any other nonprofit organization composed in whole or in part of Toppenish residents. (Ord. 2017-01 § 1, 2017; Ord. 2012-8, 2012; Ord. 2010-19 §§ 2, 3, 2010; Ord. 2009-1, 2009; Ord. 2004-7, 2004).

2.80.060 Reward.

The park director may offer, post, or pay a suitable reward, not exceeding $100.00, for information leading to the arrest and conviction of anyone violating the provisions of this chapter. (Ord. 2004-4 § 1, 2004).

2.80.070 Penalty for violations.

It shall be a violation of this chapter for anyone to commit or attempt to commit any act prohibited in TMC 2.80.020, or to aid or abet, or to counsel, encourage, hire, command, induce or otherwise procure another to commit such prohibited act. Any such violation shall be a misdemeanor, punishable by up to 90 days in jail or by a fine of up to $1,000, or by both such fine and imprisonment. (Ord. 2004-13 §§ 1, 2, 2004).