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HomeMy WebLinkAbout3092 Regulations Concerning ParksOrdinance 3092 — Park Use Regulations Page 1 of 1 Ordinance 3092 AN ORDINANCE OF THE CITY OF PORT TOWNSEND PROVIDING FOR REGULATIONS CONCERNING PARKS RECITAL: The City Council recognizes the importance and need to accommodate protected speech and expression activities. The City Council also recognizes the need to accommodate other important public interests. For the reasons set forth in the Purpose section of Exhibit A to this Ordinance, the Council determines it appropriate to adopt this ordinance. NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: Section 1. A new chapter is added to the Port Townsend Municipal Code to read as follows: See Exhibit A, attached and incorporated by reference. Section 2. Severabilit . If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances, is not affected. Section 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 4. Effective Date. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this third day of March 2014. l David King, Mayon Attest: Pamela Kolacy, MMC, City Clerk ;,1' Approved as to Form. - John P. Watts, City Attorney Park Use Rules 11.01.010 Purpose. Ordinance 3092 — Exhibit A Park Rules Page 1 of 7 The City Council determines it appropriate to set reasonable time, place and manner restrictions for use of parks in order to accommodate and balance a variety of public interests, including protected speech. 2. Parks should be open and accessible to enable persons to enjoy these assets. These rules and regulations are designed and intended to accommodate these important public interests: (a) maintaining the use of parks for public enjoyment and other public purposes (temporary events, etc), (b) maintaining the use of parks for safe, efficient and reasonably unimpeded use and travel by persons who are infirm, elderly or disabled and to accommodate assistance devices such as wheelchairs, walkers, crutches and similar devices (c) protecting the City's investment in infrastructure, including parks, designed to promote tourism and economic development; (d ) assisting cleaning and maintenance of parks; (e) preserving the safety and aesthetic appearance of "public places" as inviting areas for pedestrians, and avoiding having parks cluttered with different structures; and (f) providing an opportunity for a diversity of activities, views, or opinions. 4. Without reasonable limits, certain activities effectively and unreasonably take over substantial portions of a park and substantially interfere with free, open and broad use by various groups and individuals, and during events, can create safety issues. 5. Having rules in place serves the important function of providing clear standards for what activities can take place in parks and under what conditions so that users may know in advance of any activity what is allowed. 6. These rules provide the opportunity for anyone to obtain an administrative interpretation of these rules if a user is unclear of the standards and requirements and wishes to obtain an interpretation in advance of engaging in any conduct. 7. These rules also provide an opportunity to seek a variance from the application of the rules if the user believes their application causes unnecessary hardship or interference with a person's ability to communicate protected speech. 8. These rules build on and supplement — but do not replace -- other rules and regulations that allow specified activity in parks and similar public areas. For example, Pope Marine Building Use Regulations (Chapter 11.04 PTMC) and Chetzemoka Park Facility Use (Chapter 11.06 PTMC). Activities in public or private areas are also subject to the City's noise ordinance (Chapter 9.09 PTMC). Activities in public or private areas can constitute public nuisances under the City's nuisance code (Chapter 9.08 and 9.10 PTMC). Activities can be subject to traffic and criminal codes, for example, RCW 9A.84.030 (1)(c) which makes intentional obstruction of vehicular or pedestrian traffic without lawful authority a misdemeanor. . Ordinance 3092 — Exhibit A Park Rules Page 2 of 7 9. These rules are also necessary to ensure that persons with disabilities have safe and unimpeded access to and through parks and similar places, and to comply with State and Federal disabilities laws. 10. These rules define the legislative balance of placing reasonable limits on protected speech but allowing ample opportunity for persons to engage in protected speech and expression in City parks. 11. There rules are designed to protect the public health, safety, welfare and economic prosperity of the City of Port Townsend. 11.01.020 Definitions 1. "Busking" means to play music or otherwise perform for voluntary donations on a public space (for example, right of way, sidewalk, or park). 2. "Protected speech" means verbal or written communications intended to convey a con - commercial political, religious philosophical or other similar message to the public, and includes distributing literature, seeking petition signatures, picketing, demonstrating, carrying or displaying signs, billboards, posters and similar messaging, artistic performance, or other activities recognized by the courts as entitled to protection under Federal or Washington constitutions. 3. "Public space" means any part of a park or open space that is not privately owned and that is owned, controlled, managed or operated by the City and available for use by the public. 4. "Use" means the exercise of dominion or control over or occupation of all or part of a public space. It includes construction, storing, erecting, placing upon, or maintaining, operating any inanimate thing or object in, upon, over, under any public space. "Use" includes the placement of a table, equipment, or other similar object. "Use" does not include the placement of an inanimate object in such a location and for such a limited duration of time that, under the circumstances, no reasonable persons could conclude that the public's right to use or enjoy the public space, in whole or in part, had been or potentially could have been interfered with. For a park, "use" does not include a person's or group of persons' placement of a picnic basket or blanket or similar objects within a park for the person or persons enjoyment while at the park, since no reasonable persons could conclude that the public's right to use or enjoy the public space, in whole or in part, had been or potentially could have been interfered with by such normal park uses. "Use" includes busking if the buskar places objects on the public space (for example guitar case) and leaves it there in a manner that meets the definition of "use" above. Ordinance 3092 — Exhibit A Park Rules Page 3 of 7 11.01.030 Rules of Conduct. Certain park use and activity is allowed pursuant to City regulation and permit (for example, weddings and parties or events permitted by Chapter 11.06 PTMC - Chetzemoka Park Facility Use). The following rules of conduct apply to park use and activity where no City permit or variance has been obtained. These Rules apply to all persons, including those engaged in any of the following activities: Leafleting and signature gathering, busking, carrying stick -mounted signs, posters, billboards or similar messaging, or other free speech or expressive activity. 1. No person shall treat any person in an aggressive, menacing, threatening or abusive manner that would place a reasonable person in fear for their property or personal safety. 2. Leafleting and signature gathering, busking, carrying stick -mounted signs, posters, billboards or similar messaging, and similar free speech activities shall be done in a manner that does not substantially or unduly interfere with the use of the park for the public, including those with disabilities, or that poses a safety hazard. 3. Persons wishing to carry signs must ensure that the sign meets the following requirements: a. No sign maybe larger than 4 square feet, and not be wider than 30 inches.. b. A sign may be attached to a stake which is no more than 8 feet in length. c. Signs may only be constructed of lightweight materials such as cloth, paper, cardboard or plastic (but not including metal). 4. No person shall "use" (as :"use" is defined in section PTMC 11.01.020(4)) the park. 5. No one shall attach, lean or place any sign or structure on or against any City property without the written permission of the City. 6. No person shall make use of a loudspeaker or megaphone or other electronic sound - amplification device. Radios, amplifiers or portable audio equipment are allowed, so long as the sound is no longer clearly heard by a person with reasonable hearing at a distance of 25' from the source of the sound. 7. Without a permit from the City, no person may engage in commercial activity in a park. Commercial activities are activities engaged in for gain, and include but are not limited to: vending, food concessions and advertising. 11.01.040 Administrative Regulations. 1. The City Manager may adopt administrative regulations that are consistent with and that further or implement the terms and requirements set forth in these Rules or the Ordinance to which the Rules are related. This authority is in recognition that not all situations that Ordinance 3092 — Exhibit A Park Rules Page 4 of 7 constitute substantial and unreasonable interference with park use or that constitute a safety hazard can be anticipated or covered by an ordinance or set of rules, and there may be situations where the City Manager needs to act administratively before the City Council can act. Before adopting an administrative regulation, the administrative regulations shall be reviewed with the Mayor (or in the Mayor's absence, the Deputy Mayor), City Manager and City Attorney. 2. Administrative regulations shall be kept on file with the City Clerk, and shall be available on request by a member of the public for inspection or copying. 11.01.045 Event and'Temporary Use Permits In issuing any event permit or temporary use permits for use of a park or any public space, the Chief of Police (or designee) may establish conditions and restrictions for the event or use that restrict others' use of the area set aside for the event or use. 11.01.050 Variance. Any person may apply in writing to the City Manager (or designee) for a variance from the requirements of this Ordinance and these Rules, or any administrative regulations, or event or temporary use permit conditions. The person making the request shall include his or her name, address, and other contact information, provide information reasonably related to the request showing a basis for variance or departure from the requirements and, if the variance relates to free speech or expressive activity, why the speech or expressive activities that are restricted by this Ordinance or otherwise are not reasonable or sufficient to enable the person to communicate the person's message. The City Manager may attach conditions to any variance that are consistent with the purposes of this Ordinance and these Rules. The City Manager shall provide a written response to the request for variance as soon as possible, and no later than one business day following the request. 2. Any applicant for a variance may appeal the decision of the City Manager by filing a written request to the Hearing Examiner within 5 days of the date of the City Manager's written decision. The Hearing Examiner shall issue a decision within 5 business days of the request. 11.01.060 Interpretation. Any person may apply in writing to the City Manager (or designee) for an interpretation of the requirements of these Rules or the Ordinance to which the Rules are related, including, to interpret the scope, intent or meaning of any provision of the Ordinance or Rules, or any administrative regulations, or event or temporary use permit conditions. The City Manager shall provide a written response to the request for interpretation as soon as possible, and no later than one business day. Ordinance 3092 — Exhibit A Park Rules Page 5 of 7 2. Any applicant for an interpretation of the requirements of these Rules or the Ordinance to which the Rules are related may appeal the decision of the City Manager by filing a written request to the Hearing Examiner within 5 days of the date of the City Manager's written decision. The Hearing Examiner shall issue a decision within 5 business days of the request. 11.01.070 Violations; Park Exclusion 1. The Chief of Police, or designee, may by delivering an Exclusion. Notice to the offender, exclude from a park or parks anyone who violates any provision of these rules, including any other City Ordinance, or administrative regulation, or event or temporary use permit conditions, criminal code, the Revised Code of Washington, or other applicable law. 2. If the offender has not been previously excluded from a park within the year prior to the violation, then the exclusion period is not to exceed ten days from the date of the Notice. 3. If the offender has been excluded from a park one time within the year prior to the violation, then the exclusion period is not to exceed ninety days from the date of the Notice. 4. If the offender has been excluded from a park more than one time within the year prior to the violation, then the exclusion period is not to exceed one year from the date of the Notice 5. Any person receiving a Notice has the right to appeal to the City Manager or designee, and such appeal shall be exercised before seeking any other form of judicial or administrative relief of any kind. The appeal notice must be in writing, and be filed with the City Clerk within seven days of the date of the Notice, and be accompanied by a $50 fee. This fee is subject to change by the City Council. At the hearing, the violation must be proved by a preponderance of evidence and the City has the burden of proof. 6. The individual need not be charged, tried or convicted of any crime or infraction in order for an Exclusion Notice to be issued or effective. Issuance of an Exclusion Notice may occur in conjunction with other legal proceedings by the City. The Notice may be based on activities observed by any Police Officer, or any City employee, or upon the reports of members of the public that would ordinarily be relied upon by police officers in determination of probable cause. , 7. Upon such Notice being given, the recipient shall no longer be invited, licensed, or otherwise privileged to remain in the park or parks designated on the Notice, pursuant to the exclusion periods in sections 2 — 4 above.. Ordinance 3092 — Exhibit A Park Rules Page 6 of 7 11.01.080 Trespass Criminal trespass in a park includes any person who knowingly: 1. Enters or remains in a park without permission or from which he or she has been excluded during the period covered by an Exclusion Notice pursuant to these rules. 2. Enters, remains in, or is otherwise present within a park during hours within which the park is not open to the public. 3. Enters, remains in, or is otherwise present within a park or areas of the park which are closed to the public or to which the public is excluded based on administrative regulations issued by the City Manager. 11.01.090 Enforcement; Violations. 1. All persons must comply with written or oral instructions issued by the Chief of Police (or designee) or a Police Officer to enforce these Rules or the Ordinance under which these Rules are adopted or any administrative regulations, or event or temporary use permit conditions adopted pursuant to this Ordinance. . 2. Before enforcing the Ordinance or Rules, or any administrative regulations, or event or temporary use permit conditions, police officers shall give a verbal warning informing the violator of this the Ordinance and Rules, including any administrative regulations adopted by the Chief of Police, and an opportunity to cease the activity. If the violator continues the activity after this warning the police may proceed with enforcement. 3. Violation of this Ordinance or Rules, or an administrative regulation issued by the City Manager (or designee), the terms of any variance, or the terms of any Exclusion Notice, or the terms of any administrative regulations, or event or temporary use permit conditions, shall constitute a civil infraction, and the Chief of Police or City police officer may issue a notice of civil infraction pursuant to Chapter 7.80 RCW. Civil infractions are not crimes. The provisions of Chapter 7.80 RCW, including any amendments thereto, are adopted by reference in this Ordinance and Rules as if set forth in full. "Enforcement officer" as set forth in Chapter 7.80 RCW is the Chief of Police or police officer of the Police Department. The civil infraction penalty is $100 per violation. 4. A person who has been issued a notice of civil infraction for a violation of this Ordinance or Rules, or an administrative regulation issued by the City Manager ,the terms of any variance, or the terms of any Exclusion Notice, and who willfully and knowingly continues or engages in additional conduct prohibited by this Ordinance or Rules, or an administrative regulation issued by the Chief of Police, or the terms of any Ordinance 3092 — Exhibit A Park Rules Page 7 of 7 variance or Exclusion Notice after having been issued a notice of civil infraction for a violation of this Ordinance or Rules, or an administrative regulation issued by the Chief of Police, or the terms of any variance or Exclusion Notice, or fails to comply with a directive to cease the activity, is guilty of a misdemeanor, and may be cited and/or arrested in connection with the offense. 5. Unattended structures, materials or obstructions in any City park may be picked up and removed without notice by the City. Attended structures or obstructions may be picked up and removed after notice by the City to the violator of the violation and the violator, after being given an opportunity to cease the activity, fails to do so. Items picked up shall be freely available to return to the owner; provided that the owner is responsible for and shall pay all costs of City removal before being allowed to retrieve the items. The cost of removal shall include, but it is not limited to, City employee (officer) time, at the employee's (or officer's) hourly salary plus benefits, transportation costs, storage fees and costs, interest and attorneys' fees and costs. Provided, for a first offense, the total cost shall not exceed $100. The City shall not be liable for any loss or damage to structures, materials or obstructions picked up, removed and stored by the City pursuant to these Rules and this Ordinance.