Chapter 15.04 PARK CODE Sections: 15.04.010 Police power and park rules. 15.04.020 Definitions. 15.04.030 Signposting. 15.04.040 Removal or destruction of park property. 15.04.050 Dogs. 15.04.060 Firearms and fireworks. 15.04.070 Amplified Sound--Permit required. 15.04.080 Riding vehicles, animals, skateboards, in-line skates, and motorized scooters. 15.04.090 Games and sports. 15.04.100 Depositing litter. 15.04.110 Fires. 15.04.120 Intoxicating liquors. 15.04.130 Tobacco products. 15.04.140 Permits and agreements for use of park. 15.04.150 Closing hours--unlawful entry. 15.04.160 Fees for Parks and programs. 15.04.170 Exclusion from parks. 15.04.180 Trespass in parks. 15.04.190 Penalty for violations. 15.04.200 Prosection for violation. Section 15.04.010 Police power and park rules. A. This chapter constitutes the park code of the city and is an exercise of the police power of the city and to be necessary for the public peace, health, safety and welfare. B. The director is authorized to adopt rules for the management, operation and control of parks consistent with the police power of the city. Such rules shall be posted at all parks. (Ord. M-1072 1, 1969) (M-3996, Amended, 12/05/2011, Sec 1 - Effective 01/05/2012) Section 15.04.020 Definitions. The terms used in this chapter, unless clearly contrary to or inconsistent with the context in which used, shall be construed as follows: "Commissioners" means the members of Parks and Recreation Advisory Commission. "Director" means the city director of the Vancouver/Clark Parks and Recreation Department or his or her designee. "Hearing Officer" means a person or panel of person on whom the city has conferred responsibility to conduct hearings authorized by this chapter. Page 1 of 8
"Knowingly" means to act when: A. One is aware of a fact, facts, circumstances or result described by a statute or ordinance defining an offense; or B. One has information which would lead a responsible person in the same situation to believe that facts exist which facts are described by a statute or ordinance defining an offense. "Park" means and includes all city owned or operated public parks, open spaces, public squares, golf courses, bathing beaches, trails, play and recreation grounds, athletic field or facility, city-owned or operated community center, skate park, shelter, and restrooms or parking lots associated with any park within the city limits. "Park and Facility Use Permit" means an activity or event for use of a park which required written consent issued by the director under this chapter or pursuant to Ch. 5.17 VMC. Whenever consistent with the context of this chapter, words in the present, past, or future tenses shall be construed to be interchangeable with each other, and words in the singular number shall be construed to include the plural. (Ord. M-1885 1, 1978: Ord. M-1072 3, 1969) (M-3996, Amended, 12/05/2011, Sec 2 - Effective 01/01/2012) Section 15.04.030 Signposting. It is unlawful to place or erect any signboard, sign, billboard, decoration or device of any kind in any park without the prior consent of the director. It is unlawful to place or erect any structure of any kind in any park without prior written consent of the director. (Ord. M-1072 4, 1969) (M-3996, Amended, 12/05/2001, Sec 3 - Effective 1/5/2012) Section 15.04.040 Removal or destruction of park property. It is unlawful to willfully remove, destroy, mutilate, or deface any structure, monument, statue, fountain, wall, fence railing, vehicle, bench, sign, shrub, tree, lawn or grass, plant, flower, lighting system or sprinkling system or other property lawfully in any park. Provided, however, that maintenance activities in any park may be authorized with the prior written consent of the Director. No foreign matter, such as sawdust or sand, gravel or soil conditioner may be added to any field or park in order to use the property in wet weather without the prior written consent of the Director. (Ord. M-1072 5, 1969) (M-3996, Amended, 12/05/2011, Section 4 - Effective 1/5/2012) Section 15.04.050 Dogs. A. Dogs at large. Except as provided in VMC 8.24.110(2), it is unlawful to allow or permit any dog to run at large in any park or to enter any lake, pond, fountain, or stream therein. It is unlawful for the owner or person in control of the dog to allow the dog to defecate in a park unless the owner or person in control of said dog immediately removes the deposited fecal matter from said property. Page 2 of 8
B. The Director may prohibit dogs, except dog guides or service animals, as defined by Ch. 70.84 RCW, from entering or being present in areas that are designed and posted as such. (Ord. M-1072 6, 1969) (M-3996, Amended, 12/05/2011, Sec 5 - Effective 1/5/2012; M-3695, Amended, 03/21/2005, Sec 3) Section 15.04.060 Firearms and fireworks. Fireworks, bows, arrows, and sling shots are prohibited in any park. It is unlawful to shoot, fire, or explode any firearms, fireworks, firecracker, torpedo or explosive of any kind or to shoot or fire any air gun, bows, and arrows, BB gun or use any slingshot in any park; provided, the Director may issue a Park and Facility Use Permit for use of fireworks in specified areas where fire hazards will not be increased and where the use of the fireworks will be under proper supervision, and fireworks displays may be permitted upon securing of a proper permit pursuant to state law; provided further, this section shall not prevent establishment in any park of a properly designed archery course. (Ord. M-1072 7, 1969) (M-3996, Amended, 12/05/2011, Sec 6 - Effective 1/5/2012) Section 15.04.070 Amplified Sound--Permit required. It is unlawful to operate or use any amplified sound system in any park without a Park and Facility Use permit issued under this chapter or Special Event permit issued pursuant to CH. 5.17 VMC. (Ord. M-1072 8, 1969) (M-3996, Amended, 12/05/2011, Section 7 - Effective 1/5/2012) Section 15.04.080 Riding vehicles, animals, skateboards, in-line skates, and motorized scooters. Except for power-driven mobility devices, it is unlawful to ride or drive any bicycle, motor vehicle, animal, motorcycle, skateboards, in-line skates or motorized foot scooter over or through any park except along and upon the park drives, parkways, park boulevards and/or appropriately marked paths; or to park any vehicle except in areas designated and posted by the Director or otherwise prohibited pursuant to Ch. 8.06 VMC. Any vehicle parked in an area not designated by the director for parking, or otherwise parked in violation of this chapter or in such a way as to obstruct traffic or any car which is apparently abandoned in any park, may be summarily removed and impounded upon order of the Director. (M-3996, Renumbered, 12/27/2011, Sec 9; M-3996, Amended, 12/05/2011, Section 9 - Effective 1/5/2012) Section 15.04.090 Games and sports. Unless otherwise authorized by the Director or in a park area designated for such activity, it is unlawful to practice or play golf, disc golf, baseball, softball, football, lacrosse, rugby, archery, hockey, tennis, paintball, volleyball, badminton or other games of like character or to hurl or propel any airborne or other missile in such a manner as to interfere with other park users. (Ord. M-1072 13, 1969) (M-3996, Renumbered, 12/27/2011, Sec 10; M-3996, Amended, 12/05/2011, Section 10 - Effective 1/5/2012) Page 3 of 8
Section 15.04.100 Depositing litter. It is unlawful to throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk or advertising matter in any park or to deposit any such material therein except in designated receptacles. Use of designated receptacles for waste disposal by a business or common household is prohibited. (Ord. M-1072 14, 1969) (M-3996, Amended, 12/05/2011, Section 11 - Effective 1/5/2012) Section 15.04.110 Fires. It is unlawful to build any fire in any park except in an area designated and so posted by the Director. Disposal of fire materials, such as barbecue materials, should be placed in a designated disposal facility. All. materials must be completely extinguished prior to disposal. (Ord. M-1072 16, 1969) (M-3996, Amended, 12/05/2011, Section 13 - Effective 1/5/2012) Section 15.04.120 Intoxicating liquors. The possession of an open container or consumption of intoxicating liquors in any park is prohibited, except pursuant to permits issued by the City pursuant to Ch 5.17 VMC, the Director or the Washington State Liquor Control Board or its successor. (M-3996, Added, 12/05/2011, Section - 14 - Effective 1/5/2012) Section 15.04.130 Tobacco products. No person shall smoke or use any form of tobacco in any park. (M-3996, Added, 12/05/2011, Section 15 - Effective 1/5/2012) Section 15.04.140 Permits and agreements for use of park. A. The director is authorized to issue a Park and Facility Use Permit for use of parks and parks facilities consistent with the other provisions of this chapter. 1. An approved Park and Facility Use Permit shall be required for all special events as defined in VMC 5.17.030, regardless of number of attendees. Additionally, activities within parks or park facilities that will or may significantly impact other park users, utilizes the park and/or park facility in a manner in which it was not designed nor intended to accommodate, or exposes the City to increased liability, shall be required to obtain a Park and Facility Use Permit. 2. Issuance of a Park and Facility Use Permit shall be expressly conditioned on the issuance of all other required city, state or county permits or licenses prior to the date of the activity or event. 3. Each Park and Facility Use Permit shall specify the event or activity, the date(s) and times for which it is issued, and any Condition of Use. Issuance of a Park and Facility Use Permit shall not be construed to confer any preferential right or expectation upon the recipient with respect to any future use of a park or park facility or future sponsorship of any event or activity. Page 4 of 8
4. Park and Facility Use Permits shall be issued to the first party submitting an application to conduct an event or activity on a given date. Reoccurring events shall have priority over new requests. 5. A Park and Facility Use Permit shall be valid when permit is signed by both the applicant and director, and all required, supplemental information has been provided to the director. 6. A Park and Facility Use Permit is a license which is personal, non-assignable and is revocable at any time for violation of the terms of the permit or any local, state or federal law. 7. A Park and Facility Use Permit shall not be required for an expressive event as defined in VMC 5.17.030. B. An applicant will be notified in writing of the denial of an application for a Park and Facility Use Permit within five (5) business days. 1. The denial of a Park and Facility Use permit may be appealed to the director. 2. An appeal shall be made within five (5) business days of the date of the written denial. An appeal is made by filing a written petition with the director, setting forth the grounds for appeal and including any relevant documents. 3. The director shall consider the appeal and issue a written decision within five (5) business days of its receipt. 4. The director s decision is final and not appealable. C. Notwithstanding any other provision of this chapter, The city council may authorize the director to enter into an agreement or agreements on behalf of the city with any nonprofit group, organization or association to provide for the use of parks. (Ord. M-1072 20, 1969) (M-3996, Amended, 12/05/2011, Section 16 - Effective 1/5/2012) Section 15.04.150 Closing hours--unlawful entry. It is unlawful to enter or be in any park between the hours of ten p.m. and five a.m. of any day, unless such use has been otherwise permitted by the director The director may establish special park closure hours, for specific parks or areas within parks, if the director determines that such special park closure hours are necessary or appropriate. Park closure hours and/or special park closure hours shall be indicated by appropriate signs. (Ord. M-2870 1, 1990: Ord. M-2558 1, 1985: Ord. M-1072 18, 1969) (M-3996, Amended, 12/05/2011, Section 17 - Effeftive 1/5/2012) Section 15.04.160 Fees for Parks and programs. a. The director shall have authority to establish fees for the use of parks and for participation in parks and recreational activities; provided, that such fees shall be based on the policies set forth below; b. The policies for setting fees authorized by this chapter are as follows: Page 5 of 8
1. It is the policy of the city to finance through its tax base a reasonable balance of parks and recreation services that meet the needs of the general citizenry. This financing should be directed to assure the overall administration and coordination of leisure services and for the provision of parks, open space, landscapes, parks improvements, recreation facilities, and their adequate maintenance. 2. As it relates to recreation activities, the city, through user fees and charges, may charge an amount to cover direct program costs for labor, leadership, supplies, materials, and service charges that benefit identifiable and specific groups, i.e., enrichment classes, sports leagues. 3. When unusual or hardship circumstances apply, the city may make some compensatory efforts to support special service needs, i.e., person of disability or low income. 4. When the operation of facilities require special operational costs involving materials, supplies, supervision, and services additional fees may be appropriate. The fee amount will take into consideration the goal of making the facility self-supporting. 5. The Director shall provide to the Parks and Recreation Advisory commission for their consideration and review the annual/biennial park fee schedules. (Ord. M-2557 1, 1985) (M-3996, Amended, 12/05/2011, Section 18 - Effective 1/5/2012) Section 15.04.170 Exclusion from parks. A. Exclusion. In addition to any other penalty authorized under this chapter, any employee authorized by the director or any law enforcement officer may exclude, by delivering an exclusion notice in person or by first class mail to the offender, from a park, any person who, while in any park: 1. Violates any provisions within this chapter; 2. Violates any park rule adopted by the director; or 3. Violates any provision of the Vancouver Municipal Code, or any provision of the Revised Code of Washington. The offender need not be charged, tried, or convicted of any crime or infraction in order for an exclusion notice to be issued or effective. The exclusion may be based upon observation by the director, or upon the sort of civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause. B. Length of Exclusion. An exclusion issued under the provisions of this section: 1. Shall be no greater than seven (7) days if the offender has not been excluded from any park within one year prior to the violation. 2. Shall be no greater than thirty (30) days if the offender has been excluded from any park only one time within one year prior to the violation. 3. Shall be no greater than one (1) year if the offender has been excluded from any park more than one time within one year prior to the violation. Page 6 of 8
C. Exclusion Notice. The exclusion notice shall be in writing and shall contain the date of issuance. The exclusion notice shall specify the length and places of exclusion. The exclusion notice shall be signed by the issuing individual. The exclusion notice shall be delivered to the excluded individual in person or sent by certified mail to the excluded individual s last known address. Warning of the consequences for failure to comply shall be prominently displayed on the notice. D. Only the Hearing Officer after a hearing may rescind or shorten an exclusion notice. E. Hearing. 1. An offender receiving an exclusion notice longer than seven (7) days may seek a hearing before the Hearing Officer to have the exclusion notice rescinded or the period of exclusion shortened. The request for a hearing shall be delivered to the Hearing Officer or postmarked no later than seven (7) days after the issuance date of the exclusion notice. The request for hearing shall be in writing and shall be accompanied by a copy of the exclusion notice on which the hearing is sought. The hearing should occur within seven (7) days after the Hearing Officer receives the request for hearing. The Hearing Officer shall take reasonable steps to notify the offender of the date, time, and place of the hearing. 2. The Hearing Officer may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer oaths to witnesses. The Hearing Officer shall not issue a subpoena for the attendance of a witness at the request of the offender unless the request is accompanied by the fee required by RCW 5.56.010 for a witness in district court. The offender shall be responsible for serving any subpoena issued at the offender s request. 3. At the hearing, the violation must be proved by a preponderance of the evidence in order to uphold the exclusion notice. If the exclusion notice was issued because of the alleged violation of any criminal law, the offender need not be charged, tried, or convicted for the exclusion notice to be upheld. The exclusion notice establishes a prima facie case that the offender committed the violation as described. The Hearing Officer shall consider a sworn report or a declaration under penalty of perjury as authorized by RCW 9A.72.085, written by the individual who issued the exclusion notice, without further evidentiary foundation. The certifications authorized in Rule 6.13 of the Criminal Rules for Courts of Limited Jurisdiction shall be considered without further evidentiary foundation. The Hearing Officer may consider information that would not be admissible under the evidence rules in a court of law but which the Hearing Officer considers relevant and trustworthy. 4. If the violation is proved, the exclusion notice shall be upheld; but upon good cause shown, the Hearing Officer may shorten the duration of the exclusion. If the violation is not provided by a preponderance of the evidence, the Hearing Officer shall rescind the exclusion. If the Hearing Officer rescinds an exclusion, the exclusion shall not be considered a prior exclusion for purposes of this Chapter. 5. The decision of the Hearing Officer is final. An offender seeking judicial review of the Hearing Officer's decision must file an application for a writ of review in the Clark County Superior Court within fourteen (14) days of the date of that decision. F. The exclusion shall remain in effect during the pendency of any administrative or judicial proceeding. G. No determination of facts made by a person conducting a hearing under this section shall have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of those same facts in a subsequent criminal prosecution or civil proceeding. Page 7 of 8
H. This section shall be enforced so as to emphasize voluntary compliance with laws and park rules, and so that inadvertent minor violations that would fall under subsection B.1 of this section can be corrected without resort to an exclusion notice. (M-3996, Added, 12/05/2011, Section 19 - Effective 1/5/2012) Section 15.04.180 Trespass in parks. A. A person is guilty of trespass in parks if he or she knowingly enters or remains in a park from which he or she has been excluded during the period covered by an exclusion notice pursuant to VMC 15.04.170. B. It is not a defense to the crime of trespass in parks: 1. That the underlying exclusion issued pursuant to this chapter is on appeal when the excluded person is apprehended, charged, or tried under this section; nor 2. That the excluded person entered or remained in the park pursuant to a permit that was issued in the name of another person either before or after the date of the exclusion notice. (M-3996, Added, 12/05/2011, Section 20 - Effective 1/5/2012) Section 15.04.190 Penalty for violations. A. Except as otherwise provided, violation of or failure to comply with the provisions of this chapter shall be a misdemeanor and subject the offender to a fine in any sum not exceeding one thousand dollars or to imprisonment in the city jail for a term not exceeding ninety days or to both such fine and imprisonment. B. Violation of any provision of this chapter shall be grounds for revocation of any Park and Facility Use Permit issued hereunder or pursuant to Ch. 5.17 VMC and for denial of any future application for a Park and Facility Use Permit. C. The unauthorized use of fireworks in parks shall be enforced as a violation of this chapter or as a violation of VMC 16.30.050. (M-3996, Amended, 12/05/2011, Section 21 - Effective 1/5/2012; M-3996, Amended, 12/05/2011, Section 21 - ; M-3703, Amended, 05/23/2005, Sec 1) Section 15.04.200 Prosection for violation. Anyone concerned in the violation of this chapter whether directly committing the act or omitting to do the thing constituting the offense, or who aids or abets the same, is and shall be a principal under the terms of this chapter and shall be proceeded against and prosecuted as such. (M-3996, Amended, 12/05/2011, Section 22 - Effective 1/5/2012) Page 8 of 8