Chapter 12.08
COUNTY PARKS
Sections:
Article I. General Regulations
12.08.010 Citation – Police power.
12.08.020 Definitions.
12.08.030 Enforcement.
12.08.040 Permit system.
12.08.050 Terms and conditions.
12.08.060 Permit administration and general requirements.
12.08.070 Park contractors.
Article II. Property Regulations
12.08.100 Posting signs, posters and notices.
12.08.110 Trespass in parks.
12.08.120 No trespass areas – Removal or destruction of property.
12.08.130 Restrictions on hours of park use.
12.08.140 Littering, garbage disposal.
12.08.150 Fires.
12.08.160 Camping.
12.08.170 Camping – Nonpayment.
12.08.180 Sound amplifying devices.
12.08.190 Discrimination prohibited.
12.08.200 Permits.
12.08.210 Traffic control within parks.
12.08.220 Animals running at large.
Article III. Regulations for Specific Parks and Recreation Areas
12.08.250 Boat ramp use regulations.
Article IV. Violations, Penalty and Enforcement
12.08.300 Violation – Penalty.
12.08.310 Appeals from director’s decision.
12.08.320 Variances or exceptions to parks code.
Article I. General Regulations
12.08.010 Citation – Police power.
This chapter constitutes the parks code of the County. This chapter is declared to be an exercise of the police powers of the County and its provisions shall be liberally construed for the protection of the natural environment, public peace, health, safety and welfare. (Ord. 127-1990 § 2. Formerly 9.17.010, 9.17.020)
12.08.020 Definitions.
Unless clearly inconsistent with the context in which used, the following definitions shall apply for this chapter:
“Barge” means a vessel, to be distinguished from freight ferries by their practice of transporting bulk cargoes of single or aggregate materials, which may be piled loose on the deck, and which cargoes require ramp intermediate off-loading procedures.
“Camp” means to remain overnight, to erect a tent or other shelter, or to use sleeping equipment, a vehicle or a trailer camper, for the purpose of or in such a way as will permit remaining overnight, or the establishing, setting up and use of a site or location for cooking and preparation of meals and other related activities.
“Commercial” means of or relating to a business or private enterprise.
“Commercial operator” means any person, organization or group using a County park as a part of a business enterprise.
“Commercial use fee” means a charge to commercial operators operating guided trips, tours, or other approved operation.
“Commission” means the parks and recreation commission of the County.
“Day use” means any allowed use of a park, including, but not limited to, use of beach or boat ramp, use of restrooms or picnic areas, that does not involve an overnight stay.
“Designee” means any person authorized by the park director to act on his or her behalf to carry out the duties of the park department as provided in this chapter.
“Director” means the director of the parks and recreation department for the County.
“Freight ferry” means a vessel that can be distinguished from barges by its practice of transporting cargoes requiring simple roll-on/roll-off on-loading and off-loading procedures at the ramp.
“Group” means a party consisting of nine or more people who will function as a unit for activities such as camping, socializing, and/or preparing and eating meals.
“Nonprofit” means a group consisting of members of a registered not-for-profit organization which may include, but not be limited to, schools, churches, Boy Scout and Girl Scout troops, Camp Fire Boys and Girls, YMCAs, etc.
“Park” means all parks and bodies of water contained therein, drives, trails, beaches, playgrounds, gardens and other park recreation, open space areas, boat ramps and launching facilities, buildings and all other facilities comprising the parks and recreation system of the County.
“Park contractor” means a municipal corporation, governmental or private agency, or individual hired by the County to maintain and manage a particular County park.
“Permit” means a written authorization with terms and conditions, issued by the park director, authorizing a specific use of a County park property or facility.
“Person” means any individual, corporation, association, society, firm, partnership or any branch of state or local government.
“Ramp” means a boat ramp at any County park.
“Reservation” means advance scheduling for a campsite space, room space, or other park area or facility.
Wherever consistent with the context of this chapter, words in the present, past or future tense shall be construed to be interchangeable, words in the singular shall be construed to include the plural, and words in the masculine gender shall apply to the feminine and neuter gender. (Ord. 13-2008 § 7; Ord. 28-2007 § 2; Ord. 1-2003 § 1; Ord. 127-1990 § 2. Formerly 9.17.030)
12.08.030 Enforcement.
With the exception of making misdemeanor arrests or issuing misdemeanor complaints and citations, or both, the director shall have the power to enforce the provisions of this chapter. (Ord. 13-2008 § 8; Ord. 14-2000 § 7(BB); Ord. 127-1990 § 2. Formerly 9.17.040)
12.08.040 Permit system.
A. The County council may approve or establish a permit system and may require permits and fees for any commercial, nonprofit, or group use of a County park or park facility, which permit system will be administered by the director. Such permit system will establish the allowed commercial, nonprofit, and group uses of County parks and park facilities.
B. All permits shall be of a temporary nature, shall vest no permanent right and may be revoked upon 30 days’ notice, or, if the permit so states, upon shorter notice. Permits for the use of any boat ramp shall be obtained at least 48 hours (two business days) in advance of the intended use from the director. (Ord. 13-2008 § 9; Ord. 1-2003 § 2; Ord. 127-1990 § 2. Formerly 9.17.050)
12.08.050 Terms and conditions.
A. The director may condition the permit or impose such terms and conditions as appropriate to protect park resources and the health, safety and welfare of the public or the park; to avoid or limit unnecessary interference with other users or uses of the park; to minimize disturbance of the surrounding neighborhood; and to require the user to leave the area used in a condition after the activity as it was beforehand.
B. The terms and conditions of a permit shall not infringe upon the rights of petition, assembly or free expression protected by the First Amendment of the United States Constitution and/or Article I, Sections 3, 4 and 5 of the Washington Constitution. (Ord. 13-2008 § 10; Ord. 1-2003 § 3; Ord. 127-1990 § 2. Formerly 9.17.060)
12.08.060 Permit administration and general requirements.
A. Any person who has obtained a permit from the director or designee must produce and exhibit such permit upon request.
B. No person under the age of 21 may sign for a reservation or obtain a permit under this chapter.
C. The director or designee reserves the right to cancel a permittee’s activity.
D. All permittees must leave the facility in a condition considered satisfactory to the director or designee. No group shall conduct activities causing extra custodial work unless previous agreement has been made to pay for such work.
E. At all assemblies of minors under 18 years of age, responsible adults must be present throughout the entire function.
A person using facilities by reservation or agreement may be required to protect and save San Juan County, its elected and appointed officials and employees while acting within the scope of their duties as such, harmless from and against all claims, demands, and causes of action of any kind and character, including the cost of defense thereof, arising in favor of the persons, employees, or third parties due to personal injuries, death, or damage to property arising out of the premises, or in any way arising out of the acts or omissions of the person and/or their agents, employees, or representatives. Users of any and all park facilities or areas do so at their own risk. San Juan County assumes no liability or responsibility due to accidents or injury through authorized or unauthorized use of park facilities. (Ord. 13-2008 § 11; Ord. 1-2003 § 4)
12.08.070 Park contractors.
A. Individual parks may be managed and/or maintained by a park contractor. The park contractor shall operate and maintain the park in accordance with the rules in this chapter and the terms of a written contract with the County for operation and maintenance. A park contractor may act as a designee of the director only as set out in the contract and provided for by this chapter.
B. All contracts with private contractors to manage a County park shall be approved by the County administrator upon the recommendation of the park and recreation commission. (Ord. 13-2008 § 23; Ord. 28-2007 § 6)
Article II. Property Regulations
12.08.100 Posting signs, posters and notices.
Except as authorized by the director, it is unlawful to use, place or erect any signboard, sign, billboard, post, pole or device of any kind for advertising or notification in any park, or to attach any notice, bill, poster, sign or card to any tree, shrub, post, railing or structure within any park. (Ord. 13-2008 § 12; Ord. 127-1990 § 2. Formerly 9.18.010)
12.08.110 Trespass in parks.
A. The director or designee may order anyone to leave the premises of a park who is observed by the director or designee within the park to:
1. Cause injury to another or create a substantial risk of injury to another; or
2. Cause damage to property of the County or to the park or the property of another or create a substantial risk of such damage.
Upon such an order being given, the recipient shall no longer be invited, licensed or privileged to remain on the premises of the park from which he or she was ordered to leave. A person who has been ordered to leave the park by a director or designee shall not reenter the premises of that park, from which he was ordered to leave, for a period of 24 hours thereafter.
B. Anyone who fails to leave the premises of a park after being ordered to do so by the director or designee or who reenters the park within 24 hours after the director or designee has ordered him to leave is guilty of the crime of illegal trespass in the park. (Ord. 13-2008 § 13; Ord. 28-2007 § 3; Ord. 127-1990 § 2. Formerly 9.18.020)
12.08.120 No trespass areas – Removal or destruction of property.
A. It is unlawful for any person except a duly authorized County employee, park director or designee in the performance of his or her duties, or other person authorized by law, to enter or to go upon any area that has been designated or posted by the director as a “no admittance” or “no trespassing” area for the purpose of protecting the environment or for the purpose of protecting the public from conditions which constitute a potential hazard to life or physical well-being.
B. It is unlawful for any person except a duly authorized County employee or park director or designee in the performance of his or her duties to remove, destroy, mutilate or deface any structure, monument, statue, fence, bench, shrub, tree, geological formation, gate, barricade, lock or other property lawfully in any park, or to remove sand, soil, sod or driftwood from any park. (Ord. 13-2008 § 14; Ord. 28-2007 § 4; Ord. 127-1990 § 2. Formerly 9.18.040)
12.08.130 Restrictions on hours of park use.
A. It is unlawful to stand, park, drive, ride in or on any motor vehicle or animal in any park between the hours of 10:30 p.m. and 6:30 a.m.; provided, that the director, by rule, may further restrict such hours upon a finding that such restricted hours are reasonably necessary to protect public safety, welfare or park property. Hours established by rule shall take effect as soon as the rule has been approved by the County park board and one or more signs have been posted on park entrances informing the public as to the restricted hours.
B. It is unlawful to leave a vehicle unattended in any park between the hours of 10:30 p.m. and 6:30 a.m. except in authorized camping areas. Unattended vehicles parked in violation of this section are declared to be a nuisance and may be impounded with or without citation and without notice to the owner. (Ord. 13-2008 § 15; Ord. 127-1990 § 2. Formerly 9.18.050)
12.08.140 Littering, garbage disposal.
A. It is unlawful to throw or deposit any refuse or other material in any park, except in designated receptacles; or to take garbage or refuse to a park for disposal in the park; or to deposit garbage or refuse generated outside a park in a receptacle within a park designated for deposit of trash by the public.
B. It is unlawful to deposit garbage, trash, grease, oil, fuel, debris or other liquid or solid material in the water areas of any park or on the dock or floats except into containers provided for that purpose. (Ord. 127-1990 § 2. Formerly 9.18.160)
12.08.150 Fires.
It is unlawful to:
A. Ignite or maintain any fire or to participate in any igniting, maintaining or using any fire within any park except within designated areas such as a fire stove or fire ring; or
B. To ignite in any stove or fire ring any household rubbish or other materials banned for outdoor burning by air pollution control regulations; or
C. To ignite or maintain any fire during any stage of a fire alert or when prohibited by the director; or
D. To ignite or maintain any fire within a park between the hours of 10:30 p.m. and 6:30 a.m. (Ord. 13-2008 § 16; Ord. 127-1990 § 2. Formerly 9.18.170)
12.08.160 Camping.
It is unlawful to camp in any park except at places set aside and posted for such purpose by the director. (Ord. 13-2008 § 17; Ord. 127-1990 § 2. Formerly 9.18.180)
12.08.170 Camping – Nonpayment.
It is unlawful for any person to obtain any accommodation at any park without paying therefor, with intent to defraud the County, or after obtaining any accommodation at any park to abscond or surreptitiously remove any personal effects therefrom without making payment. (Ord. 127-1990 § 2. Formerly 9.18.170)
12.08.180 Sound amplifying devices.
Except as authorized by the director or designee for specific events and times or except as necessary for public health and safety, it is unlawful to use any public address system, loudspeaker, vehicle horn, megaphone or other sound amplifying device for the purpose of open-air communication, except as necessary and permitted to direct commercial vehicle loading. (Ord. 13-2008 § 18; Ord. 28-2007 § 5; Ord. 127-1990 § 2. Formerly 9.18.200)
12.08.190 Discrimination prohibited.
It is the policy of the County, in the exercise of its police powers for the protection of the public health, safety and general welfare, and for the maintenance of peace and good government, to assure equal opportunity for full enjoyment and use of park facilities to all persons, free from restrictions because of race, color, sex, marital status, sexual orientation, political ideology, age, creed, religion, ancestry, national origin, residence or the presence of any sensory, mental or physical handicaps. (Ord. 127-1990 § 2. Formerly 9.18.210)
12.08.200 Permits.
It is unlawful to use a park or conduct an activity or hold an event in any park for which a permit is required by this chapter without first obtaining a permit from the director. (Ord. 13-2008 § 19; Ord. 127-1990 § 2. Formerly 9.18.220)
12.08.210 Traffic control within parks.
A. It is unlawful to disobey any posted traffic control sign in a park.
B. It is unlawful to travel or move in or on a motorized vehicle off the paved or graveled roadway and designated parking areas within a park, and to disturb vegetation of any kind.
C. It is unlawful for the operator of a motorized vehicle to pass any vehicle in a park by means of leaving the paved or graveled portion of the roadway or designated parking area.
D. It is unlawful to travel in or on a heavy equipment vehicle such as those that move on revolving crawler tracks instead of rubber tires, or any other vehicle not intended for operations on surfaced roadways, in any park, either on or off the paved or graveled portion of a roadway, or designated parking area. (Ord. 127-1990 § 2. Formerly 9.18.230)
12.08.220 Animals running at large.
It is unlawful for any person to allow any dog or pet to run at large in any park, and all such animals must be on a leash no greater than 10 feet in length. Any person with a dog or other pet in his or her possession or under his or her control in any park shall be responsible for the conduct of the animal, shall carry equipment for removing feces, and shall place feces deposited by such animal in an appropriate receptacle. (Ord. 127-1990 § 2. Formerly 9.18.240)
Article III. Regulations for Specific Parks and Recreation Areas
12.08.250 Boat ramp use regulations.
A. Permit Required.
1. A permit as described in SJCC 12.08.040 shall be obtained at least 48 hours in advance of the intended use from the director for all commercial use of the ramp during hours which permit commercial activity. Under special circumstances, the director or his or her authorized representative may waive the 48-hour notice requirement and/or authorize commercial use during times other than those times specified on the permit under special circumstances.
2. Every permit shall contain a list of the restrictions for the use of the ramp as set forth in subsection (D) of this section and shall require that all commercial users of the ramp acknowledge possession of insurance coverage for such activities. The permit holder will be further required to hold the County harmless from any and all actions or claims resulting from ramp use, as set forth in SJCC 12.08.060. No permit is required for recreational use of the ramp.
B. Hours of Permitted Ramp Use. Commercial activity on ramps is restricted to nonholiday weekdays throughout the year between the hours of 7:00 a.m. and 7:00 p.m.
C. Peak Season Commercial Barge Use. The ramp will remain closed to commercial barge operations during the County park’s peak-use season, or May 15th until September 15th. Exceptions may be made through the variance procedure set forth in SJCC 12.08.320.
D. Restrictions on Ramp Use.
1. It is unlawful to use the ramp for any commercial purpose other than the practices and procedures of on-loading and off-loading freight ferries and barges. It is unlawful to conduct on-loading of freight ferries and barges at any place within a park other than at the ramp proper. Off-loading shall take place on ferries and barges only.
2. It is unlawful to use any park property for a staging area for inter-island commercial operations. It is unlawful to leave materials and vehicles related to any commercial operations unattended in the parks between the departure time and the subsequent return time of any freight ferry or barge.
3. It is unlawful to reserve or retain use of the ramp by means of parking or mooring, or to obstruct the ramp and dock access road with commercial vehicles and materials prior to on-loading of freight ferries and barges. It is further unlawful for freight ferries, barges and tug boats to occupy the ramp unnecessarily prior to or after on- or off-loading.
4. It is unlawful to operate heavy equipment vehicles, such as those that move on revolving crawler tracks instead of rubber tires, or any other vehicle not intended for operations on surfaced roadways on any portion of the park other than on the ramp proper. Vehicles of this type shall enter and exit the park by trailer only.
5. It is unlawful to conduct ramp operations in an unnecessarily noisy or boisterous manner or to leave vehicle engines running while waiting for transport. Operation of chainsaws, compressors, generators, pumps or other loud equipment shall require the express permission of the director.
6. It is unlawful for commercial operations to occupy the ramp to the indefinite exclusion of recreational use. Commercial activity shall stop, and the ramp shall be yielded at intervals of not more than 60 minutes when recreational users are waiting to launch or haul out boats.
7. It is unlawful to clear beach sand, flotsam, etc., from the ramp in anticipation or in preparation for commercial use of the ramp by leaving or dumping such materials in piles above the mean high water line or by dumping on breaker logs, beach vegetation or in lawn areas. In all such clearing operations, the ramp user shall evenly distribute this material over the immediate beach area in a direction perpendicular to the ramp. (Ord. 13-2008 § 20; Ord. 127-1990 § 2. Formerly 9.19.010)
Article IV. Violations, Penalty and Enforcement
12.08.300 Violation – Penalty.
Every offense defined in this chapter and made unlawful constitutes a misdemeanor pursuant to RCW 36.68.080 and any person convicted of such misdemeanor may be punished by a fine in the sum of $1,000 or by imprisonment for a term of not to exceed 90 days or by both such fine and imprisonment. (Ord. 127-1990 § 2. Formerly 9.19A.010)
12.08.310 Appeals from director’s decision.
Any person aggrieved by a decision made by a director may appeal in writing to the parks and recreation commission, whose decision shall be final. (Ord. 13-2008 § 21; Ord. 127-1990 § 2. Formerly 9.19A.020)
12.08.320 Variances or exceptions to parks code.
The parks and recreation commission may grant a variance from or exception to the regulations contained in the parks code. Approval for a variance or exception will be at the commission’s discretion, and will be given only in those instances where the applicant can show that neither the public peace, health, safety, welfare or the natural environment will be adversely affected. Any request for a variance shall be heard at a regular meeting of the commission. (Ord. 13-2008 § 22; Ord. 127-1990 § 2. Formerly 9.19A.030)