004-15 - Ordinance - Establishing Park Hours and RulesIntroduced by:
Development Director
Requested by: Public Properties Committee
Drafted by:
Development Director
Reviewed by:
Interim City Attorney
Introduced:
February 10, 2015
Public Hearing:
February 10, 2015
Adopted:
February 10, 2015
ORDINANCE NO.004-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PORT ORCHARD, WASHINGTON, ESTABLISHING PARK
HOURS AND RULES FOR THE USE OF CITY PARKS BY THE
PUBLIC, PROHIBITING CERTAIN TYPES OF CONDUCT,
INCLUDING, BUT NOT LIMITED TO, DAMAGE TO PARK
FACILITIES, STARTING FIRES, USE OF ALCOHOL, TOBACCO
AND CONTROLLED SUBSTANCES, ESTABLISHING SPEED
LIMITS AND WATER CRAFT RESTRICTIONS, REQUIRING
COMPLIANCE WITH PARK RULES, PROVIDING FOR
EJECTION OF PERSONS FAILING TO COMPLY WITH THE
PARK RULES, ESTABLISHING CIVIL PENALTIES FOR
VIOLATIONS, INCLUDING DEFINITIONS, ADDING A NEW
CHAPTER 9.6o TO THE PORT ORCHARD MUNICIPAL CODE
AND SETTING AN EFFECTIVE DATE.
WHEREAS, the City has no rules for the use of City Parks and desires to
establish the same;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, ORDAINS AS FOLLOWS:
Section 1. A new chapter 9.6o shall be added to the Port Orchard Municipal
Code, which shall read as follows:
Chapter 9.60
Park Rules
Sections:
9.6o.oio
Definitions.
9.60.02o
Purpose.
9.60.03o
Hours.
9.60.04o
Damage to Park Property.
9.60.050
Soliciting.
9.60.060,
Animals.
9.60.07o
Firearms and Explosives.
9.60.08o
Fires.
9.60.090
Signs and Billboards.
Ordinance No. 004-15
Paae 2 of 6
9.6o.wo
Drugs, Alcohol and Tobacco.
9.6o.110
Driving Areas and Speed Limits.
9.6o.120
Waste and Garbage Disposal.
9.6o.i30
Camping.
9.6o.140
Watercraft Restrictions.
9.6o.15o
Noncompliance and Ejection from Park.
9.6o.i6o
Penalty for Violations.
9.6o.oio Definitions. Whenever used in this chapter, the following terms shall be
defined as follows:
A. "Alcoholic beverages" or "liquor" includes the four varieties of liquor
defined as alcohol, spirits, wine, and beer, all fermented, spirituous, vinous, or malt
liquor, and all other intoxicating beverages, and every liquor, solid or semisolid or other
substance, patented or not containing alcohol, spirits, wine, or beer. A liquor, semisolid,
solid, or other substance that contains more than one percent alcohol by weight is
conclusively deemed to be intoxicating.
B. "Boat" or "watercraft" means any floating vessel whether propelled or not.
(3) "Camping" means erecting a tent or shelter or arranging bedding or both for the
purpose of remaining overnight, or parking a trailer, camper, or other vehicle for the
purpose of remaining overnight.
C. "Facility" or "facilities" means a park building, park structure, or park area
operated by the city.
D. "Motor vehicle" means a self-propelled device capable of being moved
upon a street and in which persons or property may be transported, and shall include,
but shall not be limited to, automobiles, trucks, motorcycles, motor scooters,
recreational vehicles, utility vehicles, vans, and jeeps or similar type four-wheel drive
vehicles, but shall exclude motorized wheelchairs.
E. "Park" is a park, playground, beach, recreation center, or any other area in
the city owned or used by the city and devoted to active or passive recreation for the
general public.
F. "Person" means all natural persons, firms, partnerships, corporations,
clubs and all associations or combinations of persons whenever acting for themselves or
by an agent, servant or employee.
G. "Trail" means any path or track designed for use by pedestrians, bicycles,
or equestrians; and which is not of sufficient width, nor graded or paved with concrete,
asphalt, gravel, or similar substance, so designed as to permit its use by standard
passenger automobiles, or other right-of-way specifically designated and posted for non -
vehicular use.
Ordinance No. 004-15
Page 3of6
9.6o.020 Purpose. The parks, playgrounds, activity centers, buildings, and other
facilities of the City of Port Orchard are established for public recreation purposes.
9.6o.03o Hours. Unless otherwise posted, parks shall be open to the public every day
of the year from dawn to dusk. Any section or part of any park may be declared closed to
the public by the Director of Public Works at any time and for any interval of time,
either temporarily or at regular times and intervals (daily or otherwise) and either
entirely or merely to certain uses, as the Director of Public Works shall find reasonably
necessary.
9.6o.04o Damage to park property. It is a violation of this chapter for any person
to remove, damage, destroy, mutilate or deface any structure, or any part of any
structure, or any fixture therein or attached thereto; or any monument, statue, vase,
fountain, wall, fence, railing, vehicle, bench, shrub, tree, fern, plant, flower, lighting
system or sprinkling system, or any other property lawfully located within a City park.
9.6o.o5o Soliciting. No person shall solicit alms or contributions for any purpose,
whether public or private, nor expose or offer for sale any article or thing, nor shall any
person station or place any stand, cart or vehicle for the transportation, sale or display
of any such article or thing, except as authorized by the city council.
%6o.o6o Animals.
A. No animals shall be allowed in any city park other than dogs or cats. It is a
violation of this chapter for any person to allow or permit any dog or cat to run at large
at any park, or to permit any dog or cat with or without a leash, except service animals
or dogs used by public law enforcement agencies and under control of a law
enforcement officer, to enter any public beach, swimming or wading area, pond,
fountain, stream or organized athletic areas thereon, except in areas specifically
designated by the public works director for the exercising of dogs and cats. Any person
with a dog or cat in his possession in any park shall be responsible for both the conduct
of the animal and to have removed from the park feces deposited by such animal.
B. It is a violation of this chapter for any person in any park, in any manner,
to tease, annoy, disturb, molest, catch, injure or kill, feed or throw any stone or missile
of any kind at, or strike with any stick or weapon any animal, bird or fowl; or to catch
any fish or feed any fowl except at those places as may be so designated for the catching
of fish or the feeding of fowl by the public works director.
9.6o.o7o Firearms and explosives. It is a violation of this chapter to shoot, fire or
explode any firearms, rockets, fireworks or explosive of any kind or to shoot or fire any
air gun, bows and arrows, BB gun, or to use any slingshot or other propelling device
wherein the applied human energy is artificially aided, directed or added to, in any park,
except in recreational areas as may be designated for the activity in question by the
Public Works Director and/or law enforcement officials acting in an official capacity.
Ordinance No. 004-15
Page 4 of 6
9.6o.o8o Fires. It is a violation of this chapter for any person to build any fire in any
park except in authorized fire pits or park -installed cooking facilities.
9.6o.090 Signs and billboards. It is a violation of this chapter for any person to
use, place or erect any signboard, sign, billboard, bulletin board, post, pole or device of
any kind for advertising in any park; or to attach any notice, bill, poster, sign, wire, rod
or cord to any tree, shrub, railing, post or structure within any park; or without the
written consent of the Director of Public Works, to place or erect in any park, a structure
of any kind; provided, that the Director of Public Works may permit the erection of
temporary directional signs or decorations on occasions of public celebration and
picnics.
9.6o.ioo Drugs, alcohol, and tobacco.
A. It is a violation of this chapter for any person to have possession of or
consume any type of intoxicants in a City park with the following exceptions: canned or
bottled beer and wine may be consumed by persons twenty-one years of age or older
during group functions authorized by the City of Port Orchard and with a Washington
State Liquor Control Board Banquet Permit. A beer or wine garden, in conjunction with
a special event, may be allowed by the city council through special exception only. Use of
any controlled substance as defined by chapter 69.5o RCW is prohibited at all times and
subject to enforcement as provided in POMC chapter 9.57 and chapter 9.14.
B. It is a violation of this chapter to smoke or light a cigar, cigarette, joint,
pipe, or other smoking device in a park or in the adjacent parking area.
.6o.no Driving areas and Sneed limits.
A. It is a violation of this chapter for any person to ride or drive any vehicle
over or through any park except along and upon roadways or drives open to public
vehicular travel. No vehicle travel is allowed on trails, athletic fields or other park
grounds.
B. It is a violation of this chapter to drive any vehicle in a park at a speed in
excess of the posted speed limit or in excess of five miles per hour where no speed limit
is posted
9.6o.120 Waste and garbage disposal. It is a violation of this chapter for any
person in any manner to place or cause to be placed in the water of any fountain, pond,
lake, bay, stream or other body of water in any park or into a storm sewer or drain
flowing into such waters any substance, matter or thing which will or may result in
pollution of the waters, nor shall any person bring into any park any rubbish, waste,
garbage or refuse or leave such anywhere within the park. All waste and garbage
generated within a park by picnic or other lawful means shall be placed in proper
receptacles where such are provided; where receptacles are not provided, all such waste
or garbage shall be carried away from the park by the person responsible for its
presence, and properly disposed of elsewhere.
Ordinance No. 004-15
Page 5 of 6
9.6o.103 Camping. It is a violation of this chapter to camp in any park except in
places set aside for such purposes and so designated by signs.
9.6o.140 Watercraft restrictions. It is a violation of this chapter to have, keep, or
operate any boat, float, raft or other watercraft in or upon any water body within the
limits of any park or to launch the same at any point upon the shores thereof bordering
upon any park, except at places set apart for such purposes by the city and so designated
by signs.
9.6o.15o Noncompliance and ejection from park. It is unlawful to violate or fail
to comply with any park rule or regulation duly posted by the Director of Public Works,
and the superintendent or any park attendant shall have the authority to eject from a
park, any person acting in violation of this chapter.
%6o.i6o Penalty for violations. The Police Department shall have the authority to
enforce this Chapter. Violations of Sections 9.6o.040, 9.6o.050, 9.6o.o6o, 9.6o.070,
9.6o.o8o, 9.6o.ogo, violations of 9.6o.ioo relating to alcohol and tobacco, 9.6o.iio,
9.6o.120, 9.6o.130, 9.6o.14o and 9.6o.150, shall be subject to the civil infraction
procedures in chapter 7.8o RCW, and be subject to the monetary penalties for a class 3
civil infraction as provided in RCW 7.80.120(1)(c). Violations of Section 9.6o.loo
relating any controlled substance as defined by chapter 69.5o RCW is subject to
enforcement as provided in POMC chapters 9.57 and 9.14.
Section 3. Publication. This Ordinance shall be published by an approved
summary consisting of the title.
Section 4. Severability. If any section, sentence, clause or phrase of this
Ordinance should be held to be unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other section, sentence, clause or phrase of this Ordinance.
Section 5. Effective Date. This Ordinance shall become effective five days after
publication as provided by law.
PASSED by the Council and approved by the Mayor of the City of Port Orchard, this loth
day of February, 2015.
Ordinance No. 004-15
Page 6 of 6
CITY OF PORT ORCHARD
Mayor Timothy . Matthes
ATTEST/AUTHENTICATED:
Brandy Rinearson, CMC, City Clerk
APPROVED AS TO FORM:
Car Morris, Interim City Attorney ,,� '0?"... Q.
SPONSORED BY
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NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held February 10, 2015.
ORDINANCE NO. 004-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, ESTABLISHING PARK HOURS AND RULES FOR THE USE OF CITY
PARKS BY THE PUBLIC, PROHIBITING CERTAIN TYPES OF CONDUCT,
INCLUDING, BUT NOT LIMITED TO, DAMAGE TO PARK FACILITIES, STARTING
FIRES, USE OF ALCOHOL, TOBACCO AND CONTROLLED SUBSTANCES,
ESTABLISHING SPEED LIMITS AND WATER CRAFT RESTRICTIONS, REQUIRING
COMPLIANCE WITH PARK RULES, PROVIDING FOR EJECTION OF PERSONS
FAILING TO COMPLY WITH THE PARK RULES, ESTABLISHING CIVIL PENALTIES
FOR VIOLATIONS, INCLUDING DEFINITIONS, ADDING A NEW CHAPTER 9.60 TO
THE PORT ORCHARD MUNICIPAL CODE AND SETTING AN EFFECTIVE DATE.
Copies of Ordinance No. 004-15 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 004-15 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk