HomeMy WebLinkAbout3092 Regulations Concerning ParksOrdinance 3092 — Park Use Regulations
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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
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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
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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
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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
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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
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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
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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
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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.