Chapter 8.08
UNLAWFUL USE OF COUNTY PROPERTY
Sections:
8.08.030 Unlawful Camping, Recreating and Use of Posted County Property.
8.08.050 Penalty for Violations.
8.08.010 Purpose.
The purpose of this ordinance is to manage county owned real property to insure that it is used for purposes that promote the public’s health, safety and general welfare through regulation of such properties and to preserve the use of county properties for future public benefit.
(Ord. 10-2012 § 2 (Exh. A (part)), 2012).
8.08.020 Definitions.
For the purposes of this chapter the following definitions shall apply:
(1) “Camp” or “camping” means to use county property for the purposes of temporary, recreational habitation, as evidenced by the use of camp paraphernalia.
(2) “Camp facilities” include, but are not limited to, temporary shelters, tents, or vehicles and any accessory structures or uses for bathing, cleaning or toilet facilities.
(3) “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or non-county designated cooking facilities and similar equipment.
(4) “County property” means and includes public property owned or controlled by Yakima County, including properties managed by the county public services, flood control districts or other public municipalities, and including any other property that is publicly owned or maintained for public use, improved or unimproved.
(5) “Hours of Operation” are such reasonable periods of time as the county in its own discretion shall determine and post on the site;
(6) “Enters or Remains Unlawfully” is defined at RCW 9A.52.010(5) and the provisions of RCW 9A.52 are hereby incorporated herein;
(7) “Posting” means the placement of at least one (1) notice of any applicable prohibitions or conditions of use at a location determined by the county to be the most likely entry point onto the property by members of the public. Posting does not require placement of notice at every conceivable entry location on a specific piece of property;
(8) “Recreating” includes picnicking, swimming, sunbathing, berry picking and mushroom gathering, or any other activity or use pursued primarily for leisure or other personal benefit;
(9) “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
(Ord. 10-2012 § 2 (Exh. A (part)), 2012).
8.08.030 Unlawful Camping, Recreating and Use of Posted County Property.
(1) It shall be unlawful for any person to camp, occupy camp facilities for purposes of habitation, or use or store camp or other materials in or on county owned or managed property, or to remain in or recreate outside of the established hours of operation, except as allowed by rules posted at the site by the county, or as otherwise permitted pursuant to other provisions of Title 8.
(2) It shall be unlawful for any person to camp, occupy or use for any purpose county real property that has been posted by the county with a notice of violation of the conditions of use for that property.
(Ord. 10-2012 § 2 (Exh. A (part)), 2012).
8.08.050 Penalty for Violations.
Violation of any of the provisions in this chapter is a misdemeanor as defined in RCW 9A.04.040. Any person violating any of the provisions of this chapter shall, upon conviction of such violation, be punished by a fine of not more than one thousand dollars or imprisonment not to exceed ninety days, or both such fine and imprisonment.
(Ord. 10-2012 § 2 (Exh. A (part)), 2012).
8.08.060 Exceptions.
The enforcement provided under this ordinance is in addition to the enforcement of other provisions of state law and shall not prohibit enforcement under such laws, including Trespass as defined and provided for commencing at RCW 9A.52 et seq., and other provisions of the Washington Criminal Code, Yakima County Code or other administrative agency regulations, or pursuant to any other agreements entered into between Yakima County and other public agencies.
Nothing in this ordinance is intended to prohibit actions that are otherwise lawful under this ordinance or other ordinances by persons using county or adjoining public property for purposes related to recreation or other lawful purposes.
(Ord. 10-2012 § 2 (Exh. A (part)), 2012).