11/17/2021 - PacketCity of Port Orchard
Land Use Committee
November 17, 2021 4:30 pm
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AGENDA
1. Discussion Follow-up: POMC Chapter 5.60 - Fireworks (Bond/Rademacher)
2. Discussion: Park Rules (Dorsey)
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item Meeting Date:
Subject: Adoption of Ordinance No. 035-21, Prepared by:
Amending Chapter 9.60 of the Port
Orchard Municipal Code, as a Function of Atty Routing No:
The 2021 Parks Plan Update Atty Review Date:
November 23, 2021
Mark Dorsey, P.E.
Public Works Director
Summary: As a function of the 2021 Parks Plan, the City's Community Development, Police and Public
Works Departments reviewed and updated Chapter 9.60 Park Rules of the Port Orchard Municipal Code.
Relationship to Comprehensive Plan: Chapter 4 — Parks
Recommendation: Staff recommends that the City Council adopt Ordinance No. 035-21, thereby
amending Chapter 9.60 of the Port Orchard Municipal Code.
Motion for Consideration: I move to adopt Ordinance No. 035-21, thereby amending Chapter 9.60 of the
Port Orchard Municipal Code.
Fiscal Impact: None
Alternative: Do not adopt
Attachment: Ordinance No. 035-21 Redline
Ordinance No. 035-21 Clean
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON; RELATING TO PARK RULES; AMENDING
CHAPTER 9.60 OF THE PORT ORCHARD MUNICIPAL CODE
TO ADD THREE NEW SECTIONS: 9.60.005 (POLICE
POWERS), 9.60.125 (SOUND AMPLIFICATION), 9.60.135
(TRESPASSING), AND 9.60.145 (DIRECTOR TO POST RULES);
AMENDING THE FOLLOIWNG SECTIONS OF THE PORT
ORCHARD MUNICIPAL CODE: 9.60.010 TO ADD NEW
DEFINITIONS, 9.60.030 REGARDING PARK HOURS, 9.60.040
REGARDING DAMAGE TO PARK PROPERTY, 9.60.060
REGULATING ANIMALS IN PARKS, 9.60.070 REGARDING
FIREARM USE, WEAPONS, FIREWORKS AND EXPLOSIVES IN
PARKS, 9.60.130 REGULATING CAMPING IN PARKS,
9.60.150 REGARDING NON-COMPLIANCE AND EJECTION
FROM PARKS, 9.60.160 REGARDING VIOLATIONS OF PARKS
RULES AND PENALTIES; PROVIDING FOR SEVERABILITY
AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, Port Orchard has a park system which is for the health, welfare and benefit of
the general public; and
WHEREAS, the City is currently engaged in updating its Parks Plan; and
WHEREAS, as part of the Parks Plan update the Public Works Director undertook review
of the City's Parks Rules Chapter 9.60 of the Port Orchard Municipal Code; and
WHEREAS, there are some provisions of Chapter 9.60 POMC which need updating
consistent with current law and/or should be amended to ensure continued public enjoyment of
all park properties; and
WHEREAS, the City Council considered this Ordinance at its regular council meeting on
November 23, 2021; and
WHEREAS, the City Council deems it in the public interest to adopt this Ordinance;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals set forth in this ordinance are hereby incorporated as
if fully set forth herein.
SECTION 2. A new section 9.60.005 is hereby added to the Port Orchard Municipal Code
to read as follows:
9.60.005 Police Power.
This chapter is declared to be an exercise of the police power of the
city; its provisions shall be liberally construed for the preservation
and protection of the natural environment, public peace, health,
safety, and welfare.
SECTION 3. Section 9.60.010 of the Port Orchard Municipal Code is hereby amended to
read as follows:
9.60.010 Definitions.
Whenever used in this chapter, the following terms shall be defined
as follows:
"Air or gas weapon" means any air pistol or air rifle, designed to
propel a BB, pellet, or other projectile by the discharge of
compressed air, carbon dioxide or other gas.
44 "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.
{� "Boat" or "watercraft" means any floating vessel whether
propelled or not.
t34 "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. Indicia of campjn�lude but are not limited to: tents
or other temporary shelters, bedding, storage of personal
belongings, and use or storage of cooking equipment.
"Director" means the public works director.
{4� "Facility" or "facilities" means a park building, park structure, or
park area operated by the city.
"Firearm" means a weapon or device from which a projectile or
projectiles may be fired by an explosive such as gunpowder.
{54 "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.
{�&) "Park" is a park, playground, beach, activity center recreation
center, or any other area in the city owned by or tKed under the
management and control of by the city and devoted to active or
passive recreation for the general public. "Park" also includes all
bodies of water located within parks.
M "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.
{84 "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.
SECTION 4. Section 9.60.030 of the Port Orchard Municipal Code is hereby amended to
read as follows:
9.60.030 Hours.
UYUnless otherwise posted, parks shall be open to the public every
day of the year from dawn to dusk. This means that, unless
otherwise posted, parks shall close one-half hour after sunset and
reopen one-half hour before sunrise. Any section or part of any
park may be declared closed to the public by the director of publie
wed(s 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 woFs
shall find reasonably necessary. The public will be notified of anv
changes in hours by the posting of a sign (temporary or otherwise)
at the park's main entrance.
(2) It is unlawful to be in a park, or leave a vehicle unattended in a
park, after closing time.
3) This section does not apply to scheduled parks department
events or to dedicated roads and sidewalks used for transportation
which are not designated as closed.
SECTION S. Section 9.60.040 of the Port Orchard Municipal Code is hereby amended to
read as follows:
9.60.040 Damage to park property.
U 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 to
remove, damage, destroy, mutilate, or deface any monument,
statue, vase, fountain, wall, fence, railing, vehicle, bench, lighting
system or sprinkling system, or any other property lawfully located
within a city park.
2) It is a violation of this chapter for any person to remove,
damage, cut, destroy, mutilate, or deface any shrub, tree, fern,
plant, flower, or any vegetation located on property owned or
leased by the city without the express written permission of the
director or designee. Wghti— s ,s+„w, or sprinkling s stern
SECTION 6. Section 9.60.060 of the Port Orchard Municipal Code is hereby amended to
read as follows:
9.60.060 Animals.
(1) No animals shall be allowed in any city park other than dogs or
cats. It is unlawful for any person to it is a violation of this chapt -r
fGF any peFSGR 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 PH191*6 WeFl<s-director for the exercising of dogs
and cats. It is also unlawful for any person to permit any dog or cat
enter any area which the director or designee has posted as a place
prohibited to animals. It is further unlawful for any person to
permit any dog or cat, whether on or off leash, to disturb or harass
any park users or other pets. Any person with a dog or cat in his
possession in any park shall be responsible for both the conduct of
the animal and shall also be responsible to have removed from the
park any feces deposited by such animal.
(2) 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. It is further unlawful for any person to permit anv doZ or
cat to molest or disturb wildlife in any city park or the nest or
breeding place for such wildlife.
SECTION 7. Section 9.60.070 of the Port Orchard Municipal Code is hereby amended to
read as follows:
9.60.070 Firearms, weapons, fireworks, and explosives.
it is a v*elat*en of this ,.hapter to No person except duly authorized
law enforcement personnel shall possess a bow and arrow.
crossbow, fireworks. explosive device, or air or gas weapon in a city
park. No person shall discharge shoot, fire, or explode �, firearms
across, in, or into any city of Port Orchard park area a firearm. bow
and arrow. crossbow. BB gun, air or gas weapon, slingshot. rockets,
fireworks,_ or explosive of any kind, or any device capable of injuring
or killing any person or animal, or damaging or destroying any
public or private property. This section shall not apply where the
director or designee has authorized in writing a special recreational
activity or apply to law enforcement officials acting in official
capacity. Furthermore, this section will not apply where the
possession and/or discharge of a personal protection spray is
expressly authorized under RCW 9.91.160, as adopted or
hereinafter amended.
milli
SECTION 8. A new Section 9.60.125 is hereby added to the Port Orchard Municipal Code
to read as follows:
9.60.125 Sound amplification equipment prohibited.
(1) It is unlawful for any person to use, operate, or play or permit
to be used, operated, or played in any park any radio, tape player,
CD player, MP3 player, television, musical instrument, record
player, speaker, or any other machine or device producing or
reproducing sound at a volume that is audible at a distance over 30
feet therefrom, except pursuant to a permit issued by the director
or designee.
(2) Subject to park availability, the director or designee will grant
or grant with conditions a permit for an exception to subsection
(1) of this section if the use of the sound amplification equipment:
A. will not constitute a public nuisance;
B. will not endanger the public health or safety;
C. will not endanger public property; and
D. is associated with an event that is open to the general
public.
(3) Violations of subsection (1) of this section and violations of
permits issued pursuant to subsection (2) of this section shall be
considered a public disturbance noise infraction under POMC
9.24.050 and enforced as set forth therein.
SECTION 9. Section 9.60.130 of the Port Orchard Municipal Code is hereby amended to
read as follows:
9.60.130 Camping prohibited.
(1) 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.
posted for such purposes by the director or designee, or by permit
issued by the director or designee.
2) A person is guilty of unlawful camping if he or she uses park
property, as defined in this chapter, as a temporary or permanent
place of dwelling, lodging, residence, or living accommodation.
3) Indicia of camping include but are not limited to: tents or other
temporary shelters, bedding, storage of personal belongings, and
use or storage of cooking equipment.
4) Unlawful camping is a misdemeanor.
5) A person is not guilty of unlawful camping if, at the time the
person is on public property, there is no available overnight shelter.
"Available overnight shelter" means a public or private shelter,
with available overnight space, open to individuals experiencing
homelessness, at no charge. If the person is unable to utilize an
available overnight shelter due to voluntary actions such as
intoxication, drug use, unruly or assaultive behavior, or violation of
shelter rules, the overnight shelter space shall still be considered
available for the purposes of this section.
SECTION 10. A new Section 9.60.135 is hereby added to the Port Orchard Municipal Code
to read as follows:
9.60.135 Trespassing
It is unlawful for any person except an authorized city employee in
the performance of his/her duties, or other person duly authorized
pursuant to law, to enter or go upon any area which has been
designated and posted by the director or designee as a "No
Admittance" or "No Trespassing" area, or to enter a park during
any time during which the park is posted as being closed to the
public.
SECTION 11. A new Section 9.60.145 is hereby added to the Port Orchard Municipal Code
to read as follows:
9.60.145 Director to post rules.
The director shall have the power and the authority to establish
rules applicable to the various city park properties to carry out the
purposes of this chapter and to regulate the use of parks, regulate
conduct in parks, and designate restricted areas in parks. Such rules
shall be in effect and shall be enforceable when such rules are
posted at or near the main entrance to the park. Park users shall
comply with rules as posted. It shall be unlawful to violate or fail to
comply with any park rule or regulation duly posted by the director
or designee.
SECTION 12. Section 9.60.150 of the Port Orchard Municipal Code is hereby amended to
read as follows:
9.60.150 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.
2) The director or designee or authorized agent may order the
expulsion of any person from any or all parks for a period of one to
seven days if he or she observes such person:
A. Using abusive or disruptive language and behaving in such
a manner so as to disrupt or threaten to disrupt a park
facility or program or which interferes with others' use of
the park facility or participation in such program:
B. Using tobacco or cannabis products in an unauthorized area
or facility:
C. Causing iniury or risk of injury to another person or persons:
D. Causing damage or risk of damage to city property: or
E. Violating any provision of this chapter.
3) The director or designee or authorized agent may order the
expulsion of any persons from any or all parks for a period of seven
days to one year if such person:
A. Has been expelled from a park two or more times in any 30-
dav period:
B. Caused injury to another person:
C. Sells, possesses or uses illegal drugs or alcohol:
D. Violates any applicable local, state, or federal law relating
to the possession or use of weapons: or
E. Commits more than one violation of this chapter in any 30-
dav period.
4) Any order of expulsion under this section shall be in writjng
and shall be personally served or sent by certified mail to the
person expelled at his or her last known address.
5) Any person who enters a park during a period during which he
or she has been expelled under this section is guilty of a
misdemeanor.
SECTION 13. Section 9.60.160 of the Port Orchard Municipal Code is hereby amended to
read as follows:
9.60.160 Penalty for violations.
The police department shall have the authority to enforce this
chapter. Violations of POMC 9.60.040, 9.60.050, 9.60.060,
9.60.070, 9.60.080, and 9.60.090; violations of POMC 9.60.100
relating to alcohol and tobacco; and POMC 9.60.110, 9.60.120,
9.60.130, 9.60.140 and 9.60.150 shall be subject to the
civil infraction procedures in Chapter 7.80 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 POMC 9.60.100 relating any
controlled substance as defined by Chapter 69.50 RCW is subject to
enforcement as provided in Chapters 9.14 and 9.57 POMC.
SECTION 14. Conflict. In the event of a conflict between this Ordinance or any
mitigation measures imposed thereto, and any Ordinance or regulation of the City, the provisions
of this Ordinance shall control, except that the provisions of the City's critical areas code,
shoreline master program or any International Building Code shall supersede.
SECTION 15. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 16. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining parts of this ordinance.
SECTION 17. Effective Date. This ordinance shall be published in the official
newspaper of the city and shall take full force and effect five (5) days after the date of
publication. A summary of this ordinance in the form of the ordinance title may be published
in lieu of publishing the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this day of
2021.
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
Robert Putaansuu, Mayor
Sponsored by:
Scott Diener, Council Member