TITLE 10
PARKS AND RECREATION

Chapters:

10.01 Park Agency

10.02 Community Center

10.03 Park Code

10.04 Special Event Permits

Chapter 10.01
Park Agency

Sections:

10.01.010 Established.

10.01.020 Term of office of members.

10.01.030 Removal.

10.01.040 Compensation.

10.01.050 Duties.

10.01.060 Meetings.

10.01.070 Rules, records and expenses.

10.01.010 Established.

  There is hereby established in the City of DuPont an advisory Park Agency, which shall consist of seven members, appointed by the Mayor with the approval of the City Council.  A chairperson shall be selected from the membership by a vote of the members at the Agency’s first meeting in each calendar year.  Members of the Park Agency shall reside within the City limits of the City of DuPont.  (Ord. 99-637 § 1; Ord. 00-673 § 1; Ord. 05-800 § 1).

10.01.020 Term of office of members.

  The term of office of the members of such agency shall be four years.  In the event that a position becomes vacant prior to expiration of the term therefor, the person appointed to fill the vacancy shall serve for the balance of such unexpired term.  (Ord. 99-637 § 2).

10.01.030 Removal.

  Any member of the Park Agency may be removed during their term by the Mayor with consent of the Council, for cause of incapacity, incompetence, neglect of duty, malfeasance in office, conflict of interest or other just cause, or for a disqualifying change of address.  Three consecutive unexcused absences from regular Park Agency meetings automatically terminates the appointment of the absent member.  (Ord. 99-637 § 3; Ord. 05-800 § 2).

10.01.040 Compensation.

  The members of the Park Agency shall receive no compensation.  (Ord. 99-637 § 4).

10.01.050 Duties.

 

(a) Provide for the development of a comprehensive City-wide Parks, Recreation and Open Space Master Plan as well as a site-specific park plan for each park and trail within the City system, which shall specify a purpose for each, its permitted recreational uses, appropriate facilities, and development and operational priorities.  Such park and trail plans can be combined for common types of uses, e.g., pocket parks, trails, when to do so effects a cohesive plan.

(b) Provide for a public hearing and recommendation to the Mayor and City Council when the uses or facilities in any City park plan are proposed to be amended.

(c) Advise the Mayor and City Council on policy and fiscal matters relating to parks and recreation operations within the City, e.g., metropolitan park district, grant opportunities, park use fees, State legislative issues, etc.

(d) Advise the Mayor, Council and staff on matters relating to the planning, acquisition, development, use and operation of park facilities and recreational programs within the City.

(e) Advise the Mayor, Council and staff on matters relating to rules and regulations in regard to the use of City parks, trails and other recreational facilities.

(f) Provide advice and recommendation to the Mayor and City Council for the naming of City park facilities.

(g) Write an annual report to the Mayor and City Council on the activities of the previous year and propose a work program for the coming year.

(h) Provide recommendations to the Mayor, City Council and staff for parks and recreation related capital projects for consideration for inclusion in the City’s annual Capital Facilities Plan.

(i) Make special reports, conduct public forums and/or hearings, solicit citizen input, and undertake any other activity necessary to respond to a specific request of the Mayor and City Council.  (Ord. 99-637 § 5; Ord. 05-800 § 3).

10.01.060 Meetings.

  The regular meeting of the Park Agency shall be on the first Monday of each month excepting holidays.  Regular meetings scheduled for Monday holidays shall be held on the second Monday of the month in which the conflicting holiday occurs.  Additional meetings may be scheduled by a majority vote of the Park Agency members as needed.  (Ord. 99-637 § 6; Ord. 05-800 § 4).

10.01.070 Rules, records and expenses.

  The Park Agency shall adopt rules and regulations for the conduct of its business, subject to the approval of the City Council:

(a) A majority of the membership shall constitute a quorum for the purpose of transacting business.  Action of the Agency shall be by majority vote.  A tie vote on a motion to approve shall constitute a failure of the motion.

(b) The Public Works Director, or designee, shall serve as staff to the Agency, and shall be responsible for creating a record of all actions.  All meetings of the Agency shall be open to the public.  The Agency shall keep minutes of its proceedings and such minutes and a copy of its rules shall be kept on file in the office of the City Clerk and be open to inspection by the public.

(c) The budget for parks operation within the municipal budget may include such appropriations as are recommended by the Park Agency for operations, capital improvements, contract services, training, programs and programming.

(d) Conflict of Interest.  No member of the Park Agency shall participate in discussion or vote on any matter involving any client he or she is serving or any business for which he or she is owner, corporate officer, or employee.  (Ord. 05-800 § 5).

Chapter 10.02
Community Center

Sections:

10.02.010 Policies.

10.02.020 Rental fees, charges, and deposits.

10.02.030 Priority of scheduling.

10.02.040 Indemnification.

10.02.010 Policies.

  The City of DuPont shall permit persons and groups to use the Community Center for public and private functions, subject to the provisions of this chapter and the following guidelines:

(a) No smoking, use of alcohol, or unlawful activity will be permitted;

(b) Building occupancy is limited to the number posted by the Building Official;

(c) Scheduling of dates for the use of the Community Center shall be the responsibility of the Director of Public Works or designee;

(d) The Director of Public Works may reject any application for use of the Community Center if the anticipated use would, in the judgment of the Director of Public Works, violate the provisions or intent of this chapter.  (Ord. 524 § 1, Nov. 28th, 1995; Ord. 02-705 § 1).

10.02.020 Rental fees, charges, and deposits.

  The following charges shall be paid at the time a reservation is made for the Community Center.  Groups or private individuals must make reservations at least five days prior to the planned date of use.

(a) Official government meetings and designated community functions as established by the Mayor, the City Council, and its advisory bodies--No charge.

(b) Fees for use of the Community Center are as follows:

      Damage and cleanup deposit $200.00

      Rental fee (up to two hours) $80.00

      Rental fee (for each hour thereafter) $40.00

(c) Damage and cleanup deposits are refundable after inspection of the premises following use, but all or any part of such deposits may be withheld by the City at the discretion of the Director of Public Works, to cover the cost of cleaning or repair of damage to the premises.  If damage occurs that exceeds the amount of the damage deposit, then renter is responsible for any and all additional costs.  (Ord. 524 § 2, Nov. 28th, 1995; Ord. 02-705 § 1).

10.02.030 Priority of scheduling.

  Priority of scheduling shall be in the following order:

(a) Official government meetings and designated community functions as established by the Mayor, the City Council, and its advisory bodies;

(b) All other approved functions.  (Ord. 524 § 3, Nov. 28th, 1995; Ord. 99-663 § 1; Ord. 02-705 § 1).

10.02.040 Indemnification.

  By using or occupying the Community Center, or any part of it, under the authority of this chapter, the user agrees to save harmless and indemnify the City, its agents and employees against any claims of any nature arising from the use or occupation of the Community Center.  If the Director of Public Works deems it reasonably necessary, the user may be required to post a bond or provide insurance naming the City as an additional insured, in order to give effect to the undertaking required herein.  (Ord. 524 § 4, Nov. 28th, 1995; Ord. 02-705 § 1).

Chapter 10.03
Park Code

Sections:

10.03.010 Chapter 10.03 DMC constitutes park code.

10.03.020 Exercise of police power.

10.03.030 Definitions.

10.03.040 Intoxicating liquors.

10.03.050 Fires.

10.03.060 Firearms, weapons.

10.03.070 Fireworks.

10.03.080 Park hours.

10.03.090 Disposal of trash.

10.03.100 Animal control.

10.03.110 Special regulations.

10.03.120 Emergency conditions.

10.03.130 Penalty for violation.

10.03.010 Chapter 10.03 DMC constitutes park code.

  This chapter shall constitute the park code of the City of DuPont and may be cited as such.  Conduct in all public parks of the City of DuPont shall be subject to all the general police power regulation of the City of DuPont and not exclusively to the provisions of this chapter.  (Ord. 00-674 § 1).

10.03.020 Exercise of police power.

  This chapter is hereby declared to be an exercise of the police power of the City of DuPont for the public peace, health, safety and welfare, and its provisions shall be liberally construed.  (Ord. 00-674 § 2).

10.03.030 Definitions.

  The terms used herein shall be construed as follows:

(a) “Park” means and includes all land areas, open space, trails, and facilities designated for passive and/or active recreation, which are owned by the City of DuPont.  (Ord. 00-674 § 3).

10.03.040 Intoxicating liquors.

  The display, possession or consumption of any intoxicating liquor is prohibited in any City park except in particular areas or facilities which may be expressly designated from time to time by the City of DuPont.  (Ord. 00-674 §  4).

10.03.050 Fires.

  Fires are prohibited in any park except for equipment used for cooking or in park facilities specifically designated and authorized for camp fires.  (Ord. 00-674 § 5).

10.03.060 Firearms, weapons.

  The display or use of all firearms and other weapons, including, but not limited to, BB guns, pellet guns, slingshots and archery equipment, are prohibited in all parks, except where necessary in the defense of self or others, or where conducted by a person engaged in military activities sponsored by the federal or state government, law enforcement personnel, or security personnel while engaged in official duties.  (Ord. 00-674 § 6).

10.03.070 Fireworks.

  The display, possession and use of fireworks is prohibited in all parks except with prior written permission from the City of DuPont.  (Ord. 00-674 § 7).

10.03.080 Park hours.

  Parks shall be open at sunrise and close at 10:00 p.m.  Use of a park during hours of closure requires prior written permission from the City of DuPont.  This section shall not apply to those trails designated as such on the City of DuPont General Land Use Map, adopted in 1995, and as amended thereafter.  (Ord. 00-674 § 8).

10.03.090 Disposal of trash.

  No person shall deliberately break glass in any park or throw or leave litter on park property and equipment.  All bottles, cans and trash of any kind shall be placed in receptacles provided for that purpose or taken off park property.  The dumping of any unwanted item or any household or commercial refuse, rubbish or trash in any park is prohibited.  (Ord. 00-674 § 9).

10.03.100 Animal control.

  All pets must be on a leash while on park property except that dogs may be off-leash in any designated off-leash area.  Pet feces must be immediately removed from park property.  It is unlawful for any person accompanied by a pet not to have in his or her possession the equipment necessary to remove that pet’s feces from park property.  Failure to comply with this section is a Class 4 civil infraction pursuant to RCW 7.80.120.  (Ord. 00-674 § 10).

10.03.110 Special regulations.

  The City of DuPont may post special regulations on any park property where such regulations are necessary for the public peace, and the health, safety and welfare of park users. Violation of such regulations shall constitute a violation of this chapter.  (Ord. 00-674 § 11).

10.03.120 Emergency conditions.

  In case of an emergency, or where life or property are endangered, all persons, if requested to do so by an employee of the City of DuPont, shall immediately leave the specified area and remain off the premises until permission is given by the City to return.  (Ord. 00-674 § 12).

10.03.130 Penalty for violation.

  Any person violating any of the provisions of this chapter which are not specifically provided with a penalty shall be deemed guilty of a misdemeanor.  (Ord. 00-674 § 13).

Chapter 10.04
Special Event Permits

Sections:

10.04.010 Definition.

10.04.020 Permit required.

10.04.030 Permit application.

10.04.040 Staff review.

10.04.050 Approval.

10.04.060 Business license required.

10.04.070 Insurance required.

10.04.080 Denial of permit.

10.04.090 Notification.

10.04.100 No special duty created.

10.04.010 Definition.

“Special event” is any activity which occurs upon public or private property that will affect the standard and ordinary use of public streets, rights-of-way, or sidewalks, and/or which requires extraordinary levels of City services.  This includes, but is not limited to, fairs, festivals, carnivals, sporting events, foot runs, bike-a-thons, markets, parades, exhibitions, auctions, dances, and motion picture filming.  (Ord. 03-743 § 1).

10.04.020 Permit required.

No person or organization shall conduct a special event without first having obtained a special event permit from the City of DuPont.  (Ord. 03-743 § 1).

10.04.030 Permit application.

  An application for a special event permit will be made in writing on forms provided by the office of the City Clerk and completed applications will be submitted to the City Clerk.

A special event permit application must be submitted 60 days prior to the event.  Exceptions to this requirement may be approved by the City Administrator.  (Ord. 03-743 § 1).

10.04.040 Staff review.

(a) The application shall be received and date stamped at City Hall by the City Clerk who shall coordinate the process of City Department review.  Copies of the application shall be sent to each department for comments.  Preliminary staff comments shall be assembled from the departmental review and forwarded to the applicant within two weeks of the application date.  The City Administrator shall take special care to accommodate religious events and celebrations.

(b) Any department head may recommend conditions that are considered necessary to protect the public health and safety.  The Chief of Police, Fire Chief, and Building Official shall each review the plan for the event and must approve the plans as amended by staff conditions.

(c) The applicant shall have the opportunity to respond to all comments and conditions either in writing or at a meeting with staff within a two-week period.  (Ord. 03-743 § 1).

10.04.050 Approval.

(a) Approval by the City Administrator.  Administrative approval for events of one day or less, contained on a single site or involving minor interruption of normal traffic flow.

(b) Approval by the City Council.  All major special event permits shall be placed on the City Council agenda with the staff report for final action.  (Ord. 03-743 § 1).

10.04.060 Business license required.

All vendors operating a revenue-generating business as part of a nonprofit organization sponsored event shall obtain and display a special, limited business license.  The City Clerk, upon receipt of a completed business license application form, will issue this special license to the vendor.  The fee for this special license shall be $5.00 for each vendor participating in the event.  This special limited business license will be valid only during the special event or up to four days per year.

Vendors participating in events of more than four days per year shall require a regular business license with an annual fee of $50.00.  (Ord. 03-743 § 1).

10.04.070 Insurance required.

  If the permit includes permission to use City property, streets, or rights-of-way, the applicant will be required to obtain and present evidence of comprehensive liability insurance naming the City of DuPont as an additional insured.  The insurance requirement is a minimum of $2,000,000 combined single limit per event against all claims arising from permits issued and events or activities authorized pursuant to the ordinance.

The City Administrator may waive the insurance requirement for small events related to the free expression of religion and for neighborhood block parties.  (Ord. 03-743 § 1).

10.04.080 Denial of permit.

  Reasons for denial of a special event permit include, but are not limited to:

(a) The event will disrupt traffic within the City beyond practical solution.

(b) The event will create a likelihood of endangering the public.

(c) The event will interfere with access to emergency services.

(d) The location or time of the special event will cause undue hardship or excessive noise levels to adjacent businesses or residents.

(e) The event will require the diversion of City resource(s) that would unreasonably affect the maintenance of regular City service levels.

(f) The application contains incomplete or false information.

(g) The applicant fails to provide proof of insurance.

(h) The applicant fails to obtain a City business license.

(i) Inadequate provision for garbage and debris removal.

(j) Inadequate provision of temporary restroom facilities.  (Ord. 03-743 § 1).

10.04.090 Notification.

  The City may condition any special event permit on a requirement that the permittee give written advance notice of the event and its probable impact to any property owners or tenants who will be impacted by the event.  (Ord. 03-743 § 1).

10.04.100 No special duty created.

  It is the purpose of this chapter to provide for the health, welfare and safety of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.  No provision or term used in this chapter is intended to impose any duty whatsoever upon the City or any of its officers, agents, or employees for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.

Nothing contained in this chapter is intended to be, nor shall be, construed to create or form the basis for any liability on the part of the City or its officers, agents, and employees for any injury or damage connected to the use for which the permit is issued.  (Ord. 03-743 § 1).