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HomeMy WebLinkAboutOrdinances - 2015-02 - Penalties for committing an unlawful act in a park by amending Chapter 12.12 of the EWMC - 1/27/2015City of East Wenatchee, Washington Ordinance No. 2015-02 An Ordinance of the City of East Wenatchee updating the penalties for committing an unlawful act in a park by amending Chapter 12.12 of the East Wenatchee Municipal Code. Una Ordenanza de la Ciudad de East Wenatchee actualizar las sanciones por la comisi6n de un acto ilicito en un parque por el que se modifica el Capitulo 12.12 del C6digo Municipal de East Wenatchee. 1. Alternate format. 1.1. Para leer este documento en otro formato (espa:fiol, Braille, leer en voz alta, etc.), p6ngase en contacto con el vendedor de la ciudad al alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2. Recitals. 2.1. The City of East Wenatchee ("City") is a non-charter code City duly incorporated and operating under the laws of the State of Washington; and 3. Authority. RCW 35A.ll.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 4. Amendment. The City Council amends Chapter 12.12 of the East Wenatchee Municipal Code to read as set forth in Exhibit A. 5. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. City of East Wenatchee Ordinance 2015-02 Page 1of3 6. Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. The City Council directs the City Clerk to publish a copy of this Ordinance on the City's website. 7. Effective Date. This Ordinance becomes effective five days after the date its summary is published. Passed by the City Council of East~ enatchee, at a regular meeting thereof on this Ji 7+h day of ~IV'-«~ , 2015. The City of East Wenatchee, Washingto Authenticated: -~~ Dana Barnard, City Clerk Devin Pou son, City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: City of East Wenatchee Ordinance 2015-02 Page 2 of 3 1[07(1s ib 1/1s -- Summary of City of East Wenatchee, Washington Ordinance No. 2015-02 On the a day of ~' 2015, the City Council of the City of East Wenatchee , Washington approved Ordinance No . 2015-02 , the main point of which may be summarized by its title as follows: An Ordinance of the City of East Wenatchee updating the penalties for committing an unlawful act in a park by amending Chapter 12.12 of the East Wenatchee Municipal Code. Una Ordenanza de la Ciudad de East Wenatchee actualizar las sanciones por la comisi6n de un acto ilicito en un parque por el que se modifica el Capitulo 12.12 del C6digo Municipal de East Wenatchee. The full text of this Ordinance is available at www.east-wenatchee.com. Dated this Ji! day of ~· 2015. ~~~ Dana Barnard, City Clerk City of East Wenatchee Ordinance 2015-02 Page 3 of 3 12.12.010 Definitions. “Park” means an area of land that is owned, leased, or controlled by the city, that is set aside or maintained by the city, and is used for recreation and relaxation of the public. This definition includes, but is not limited to: public squares, public trails, park drives, parkways, boulevards, ballparks, and play and recreation grounds and facilities. 12.12.020 Destroying facilities. It is unlawful to damage, remove, destroy, mutilate or deface any properties, plantings, equipment or facilities or to ente r or break in any locked restroom facilities or other park buildings or structures. 12.12.030 Animal running at large. It is unlawful for any person to allow or permit any animal to run at large in a park or enter a pond, fountain or stream therein. A violation of this section is a Class 1 civil infraction. 12.12.040 Firearms and explosives. A. It is unlawful to shoot, fire or explode any firearm, fireworks, firecracker, torpedo or explosive of any kind in a park. B. It is unlawful to shoot or fire any air gun, bows and arrows, B.B. gun or use any slingshot in a park. C. A violation of this section is a misdemeanor. 12.12.050 Proper treatment of animals. It is unlawful in any manner to tease, annoy, disturb, molest, catch, injure or kill or to throw any stone or missile of any kind at or strike with any stick or weapon any animal, bird, fowl or fish in a park. A violation of this section is a Class 1 civil infraction. 12.12.060 Unlawful acts. It is unlawful, without first obtaining a permit from the city in each case, to do any of the following acts or things in a park: A. To use, place or erect any signboard, sign, billboard, bulletin board, post, pole or device of any kind for advertising in a park, or to attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, railing, post or structure within a park, or to place or erect in a park a structure of any kind; B. To take up collections or to act as or to ply the vocation of solicitor, agent, strolling musician, organ grinder, exhorter, barker, showman or bootblack, or to use any loudspeaker; C. To sell refreshments or merchandise or distribute literature; D. To hold or participate in any political meeting or other assembly. E. The first violation of this section is a Class 3 civil infraction. A subsequent violation is a Class 2 civil infraction. 12.12.070 Operation of watercraft. It is unlawful to have, keep or operate any boat, float, raft or other watercraft in or upon any bay, lake, slough, river or creek, within the limits of a park, or to land the same at any point upon the shores thereof bordering upon a park, except at places set apart for such purposes by the city and so designated by signs. A violation of this section is a Class 2 civil infraction. 12.12.080 Vehicle regulations. A. It is unlawful to ride or drive a motorcycle or motor vehicle in a park, except along and upon a park drive or a designated parking lot. B. It is unlawful to ride or drive a bicycle, horse or pony over or through a park except along and upon park drives and bicycle paths. C. It is unlawful to ride or drive a bicycle, motorcycle, motor vehicle, horse or pony in a park at a speed in excess of 10 miles per hour. D. Except for emergency and city-authorized vehicles, it is unlawful to drive or park a motorcycle or motor vehicle on the paved surface of the Apple Capital Loop Trail. E. It is unlawful to park a motorcycle or motor vehicle in a park, except in areas so designated. F. A violation of this section is a Class 1 civil infraction. 12.12.090 Camping regulations. A. It is unlawful to camp in a park except at places set aside for such purpose by the city and so designated by signs. B. It is unlawful to remain, stay or loiter in a park between the hours of 9:00 p.m. and 6:00 a.m. C. The first violation of this section is a Class 4 civil infraction. The second violation of this section is a Class 3 civil infraction. A subsequent violation is a Class 2 civil infraction. 12.12.100 Game restrictions. It is unlawful to practice or play golf, baseball, cricket, lacrosse, polo, archery, hockey, tennis, badminton or other games of like character or to hurl or propel any airborne or other missile in a park except at places set apart for such purposes by the city. A violation of this section is a Class 4 civil infraction. 12.12.110 Depositing refuse. It is unlawful to throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk or advertising matter in a park or to deposit any such material therein, except in designated receptacles. A violation of this section is a Class 1 civil infraction. 12.12.120 Testing motor vehicle prohibited. It is unlawful to operate any motor vehicle or motorcycle for the purpose of testing it, or ascertaining its fitness for service, along or upon a park drive, parkway or park boulevard, or public street adjacent thereto. A violation of this section is a Class 1 civil infraction. 12.12.130 Trials or competitions prohibited. It is unlawful to engage in, conduct or hold any trials or competitions for speed, endurance or hill climbing involving any vehicle, boat, aircraft or animal in a park, or public street adjacent thereto. A violation of this section is a Class 1 civil infraction. 12.12.140 Fire regulations. It is unlawful to build a fire in a park except in areas designated by the city. A violation of this section is a Class 1 civil infraction. 12.12.150 Alcoholic beverages. A. It is unlawful to bring an alcoholic beverage into a park. B. It is unlawful to consume an alcoholic beverage in a park or in the adjacent parking area. C. The city may permit the sale and consumption of alcoholic beverages within a confined licensed area for a temporary permit (not to exceed three consecutive days) issued by the Washington State Liquor Control Board. D. A violation of this section is a Class 3 civil infraction. 12.12.160 Smoking. It is unlawful to smoke or light a cigar, cigarette, joint, pipe, or other smoking device in a park or in the adjacent parking area. A violation of this section is a Class 3 civil infraction. 12.12.180 Violation – Penalty. A person who violates any provision of this chapter is guilty of a misdemeanor.