Chapter 12.05
YACOLT TOWN PARK
Sections:
12.05.050 Notice of civil violation.
12.05.060 Hearing before the hearing examiner.
12.05.110 No public duty created.
12.05.010 Purpose.
The purpose of this chapter is to govern the use of the Yacolt town park. [Ord. 422 § 1, 2002.]
12.05.020 General park rules.
The following rules apply to the Yacolt town park:
A. No person shall cut, remove, destroy, mutilate, or deface any turf, tree, plant, shrub, flower, structure, wall, fence, bench, lighting system, play equipment, or any other part or portion of the park property, except in normal maintenance by authorized personnel.
B. No person shall leave, deposit, drop, or scatter bottles, broken glass, ashes, wastepaper, cans or any other garbage, refuse, waste or rubbish of any kind or nature in the 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 possess, discharge, set off or cause to be discharged in or into the park, any firecracker, firework, explosive, or other substance harmful to the life or safety of persons, animals or property.
E. No person shall possess any type of firearm, bow and arrow, crossbow, slingshot, pellet gun, or any other device capable of injuring or killing any person or animal or damaging or destroying any public or private property, or other weapon, in the park or discharge any such weapon over, across, in or into the park.
F. No person shall possess, display, open and/or consume alcoholic or other intoxicating beverage, nor shall any person be under the influence of any alcoholic or intoxicating beverage on park property, including in the parking areas.
G. No person shall possess, display or consume any drug, narcotic or drug paraphernalia, the sale, use or possession of which is prohibited by state law.
H. No motorized vehicles shall be permitted, except in normal maintenance by authorized personnel.
I. The riding of skateboards shall be confined to specifically designated areas of the park. The riding of skateboards is not permitted on, over or across any other park property, paved walkways or parking areas. Violators of this provision are subject to having their skateboard(s) impounded.
J. Bicycles, roller skates, rollerblades or scooters may be used only on concrete, paved or other established paths, walkways and trails within the park property. Bicycles, roller skates, rollerblades or scooters may be used in other areas of the park as may be specifically designated from time to time by the mayor or public works supervisor. Violators of this provision are subject to having their equipment impounded.
K. No person shall fly rockets or gas-powered model aircraft within the park area.
L. All dogs, cats, or other domesticated animals in the park shall be on a leash and under the immediate control of their owner at all times, and the owners of such animals shall be responsible for promptly picking up, and properly disposing of, any animal excrement in a sanitary fashion.
M. No fires shall be permitted in the park except in barbecues designed for such use. No fire shall be left unattended. At the discretion of the town, fires may be restricted or prohibited at times when fire hazards are considered to be high.
N. The hours of the park for public use shall be from dawn to dusk. [Ord. 511 §§ 2, 3, 2013; Ord. 422 § 2, 2002.]
12.05.030 Deposits.
A. The town may charge deposits for the use of the park. The amount of the deposit may vary from $5.00 to $50.00 depending on the size or nature of the event. The amount of the deposit shall be based on the potential damage to facilities and equipment. The clerk shall develop rules for damage deposits. Any person damaging park property will be responsible for payment for such damage, in addition to the damage deposit, to the extent that the damage deposit is not sufficient to pay to repair or replace the damaged property.
B. Garbage Deposits. A refundable deposit shall be collected in the amount of $35.00 for any person(s) wishing to secure usage of Yacolt town parks for private events. This deposit is in addition to any other deposit that may be required for any of the Yacolt town parks usage. The mayor or the clerk shall determine the amount of the deposit dependent on type of usage requested. A member of Yacolt town staff will verify that all necessary garbage and/or trash has been removed. If it is determined that garbage and/or trash has not been satisfactorily removed or left behind the town of Yacolt will deduct the cost of removal and disposal from the deposit made at a rate of $5.00 per bag from the deposit placed for usage of Yacolt town parks. [Ord. 559 § 2(A), 2017; Ord. 539 § 2, 2016; Ord. 422 § 3, 2002.]
12.05.040 Enforcement.
The mayor and the public works supervisor are designated as enforcement officers, and as such are authorized and directed to enforce the provisions of this chapter, in addition to the authority held by law enforcement officers. The town council may also designate other agents of the town as enforcement officers to enforce the provisions of this chapter. Any designated enforcement officer having reasonable cause to believe that any person has violated one of the provisions of this chapter may, in addition to invoking other sanctions, direct said person to immediately leave the park. [Ord. 422 § 4, 2002.]
12.05.050 Notice of civil violation.
A. Whenever a designated enforcement officer has reasonable cause to believe that a person has violated one of the provisions of this chapter, he or she is authorized to issue to the violator a notice of civil violation. The notice of civil violation shall be delivered in person or by certified mail and shall include the following:
1. The name and address of the person responsible for the violation; and
2. A description of the violation and a reference to the provision(s) of the town ordinance which has been violated; and
3. A statement assessing a civil penalty for each violation, which penalty shall be paid to the town of Yacolt within 30 days from the date of issuance; and
4. A statement advising that in addition to the assessment of a civil penalty, the violator’s equipment prohibited in YMC 12.05.020(I) and (J) shall be impounded with redemption available upon payment of impound fees; and
5. A statement advising that in addition to the assessment of a civil penalty, violators of any provision of this chapter that causes damage to park property or equipment which requires repair or replacement of said property or equipment shall be financially liable for said damage; and
6. A statement advising that the notice of civil violation may be appealed by filing a written notice of appeal and a $25.00 administrative review fee within 30 days of service of the notice.
B. The impoundment fees for violation of YMC 12.05.020(I) and (J) are set forth in YMC 12.05.080.
C. The civil penalties for violation of this chapter are set forth in YMC 12.05.070. [Ord. 422 § 5, 2002.]
12.05.060 Hearing before the hearing examiner.
A. Appeal. The person to whom a notice of civil violation is issued may appeal by filing a written notice of appeal and a $25.00 administrative review fee within 30 days of service of the notice.
B. Hearing Examiner. One or more hearing examiners shall be appointed by the town council to hear cases brought under this chapter. The hearing examiner may be a town employee but shall not be an employee of the public works department or the town attorney’s office.
C. Procedure. The hearing examiner shall conduct a hearing on the civil violation. The applicable designated enforcement officer and the person to whom the notice of civil violation was directed may participate as parties in the hearing and each party may call witnesses. The town shall have the burden of proof to demonstrate by a preponderance of the evidence that a violation has occurred. Formal rules of evidence need not be followed, but the hearing examiner shall swear all witnesses.
D. Decision of the Hearing Examiner.
1. The hearing examiner shall determine whether the town has established by a preponderance of the evidence that a violation has occurred and that the monetary penalty and/or impoundment fee is reasonable and shall affirm, vacate, or modify the town’s decisions regarding the alleged violation, the monetary penalty and/or impoundment fee.
2. The hearing examiner shall issue a written order to the person responsible for the violation which contains the following information:
a. The decision regarding the alleged violation including findings of fact and conclusions based thereon in the support of the decision;
b. The monetary penalties and/or impoundment fees based on the criteria in YMC 12.05.070 and 12.05.080. [Ord. 422 § 6, 2002.]
12.05.070 Civil penalties.
A. The designated enforcement officer shall impose the following monetary penalties if he or she has reasonable cause to believe that a person is in violation of this chapter. The penalties assessed against any person within any 12-month period shall be as follows:
1. First offense: $25.00;
2. Second offense: $50.00;
3. Third offense: $100.00. [Ord. 422 § 7, 2002.]
12.05.080 Impoundment fees.
A. The designated enforcement officer shall impose the following impoundment fees if he or she has reasonable cause to believe that a person is in violation of YMC 12.05.020(I) and (J). The impoundment fees assessed against any person within any 12-month period shall be as follows:
1. First offense: $25.00;
2. Second offense: $50.00;
3. Third offense: $100.00. [Ord. 422 § 8, 2002.]
12.05.090 Appeal procedure.
A. All appeals to the hearing examiner made pursuant to this chapter shall be filed in writing with the town clerk and shall contain:
1. The names of all appellants participating in the appeal;
2. A brief statement setting forth the action protested and the reasons why it is claimed a protested action should be reversed, modified, or otherwise set aside;
3. The signatures of all parties named and telephone numbers and mailing addresses;
4. Verification (by declaration under penalty of perjury) of at least one appellant of the truth of the matter stated in the appeal.
B. The written request for an appeal shall be accompanied by a payment of a $25.00 administrative review fee to the town clerk.
C. Upon the filing of a request for an appeal, the town clerk shall transmit the same to a designated hearing examiner.
D. Failure of any person to file a timely appeal, or failure of any person who has filed an appeal to attend the scheduled hearing, shall constitute a waiver of his or her right to an administrative hearing and the decision of the designated enforcement office shall be upheld.
E. Filing of an appeal shall stay the enforcement of any notice of civil violation. [Ord. 559 § 2(A), 2017; Ord. 422 § 9, 2002.]
12.05.100 Collection.
The town attorney is authorized to take appropriate action to collect the monetary penalties. [Ord. 422 § 10, 2002.]
12.05.110 No public duty created.
It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons or individuals who will or should be especially protected or benefited by the terms of this chapter. Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the town of Yacolt or its officers, employees or agents for any injury or damage resulting from any action or inaction on the part of the town related in any manner to the enforcement of this chapter by its officers, employees or agents. [Ord. 511 § 4, 2013.]