Chapter 7.36
PARK USE REGULATIONS

Sections:

7.36.005 Definitions.

7.36.010 City-owned lakes – Boats for hire.

7.36.015 City-owned lakes – Certain engine-powered boats prohibited – Exceptions in connection with city-wide celebrations.

7.36.020 Fishing and bathing.

7.36.030 Destruction of property by animals – Owner responsibility.

7.36.040 Public comfort stations.

7.36.050 Hours of park closure.

7.36.060 Prohibited areas.

7.36.065 Riding of bicycles prohibited in certain area of Lake Sacajawea Park on July 4th.

7.36.070 Exhibitions of works of art.

7.36.080 Park officers and employees not affected.

7.36.090 Fireworks prohibited.

7.36.100 Domestic animals and exotic animals prohibited.

7.36.110 Animals prohibited in certain areas.

7.36.115 Animals prohibited in certain area of Lake Sacajawea Park on July 4th.

7.36.120 Dogs and other animals deemed nuisance.

7.36.130 Animal waste.

7.36.140 Teasing, annoying or injuring animals prohibited.

7.36.150 Large animal control.

7.36.005 Definitions.

(1) The terms used in this chapter, unless clearly contrary to or inconsistent with the context in which used, shall be construed as follows:

(a) “Director” means the city director of parks and recreation or a designated employee of the parks department.

(b) “Park” means and includes all public parks, public squares, golf courses, bathing beaches, and play and recreation grounds within the city limits, regardless of ownership, and includes all city ball fields and all city leased or rented schools or private property when the same are being used for public recreation.

(c) “At large” means an animal off or outside of the premises belonging to its owner or keeper and not in the company of and under the control of its owner or keeper.

(2) Whenever consistent with the context of this chapter, words in the present, past or future tenses shall be construed to be interchangeable with each other and the words in the singular number shall be construed to include the plural. (Ord. 2373 § 1, 1989).

7.36.010 City-owned lakes – Boats for hire.

It is unlawful for any person to rent or have for hire any boat or water conveyance for operation on any lake owned by the city without securing a franchise or other written approval from the city. (Ord. 2422 § 1, 1990; Ord. 1638 § 1, 1973).

7.36.015 City-owned lakes – Certain engine-powered boats prohibited – Exceptions in connection with city-wide celebrations.

It is unlawful to operate any internal-combustion-engine-powered boat on any city-owned lake. Electric outboard motors, three horsepower or less, may be used to propel boats on city-owned lakes. This section shall not apply to boats operated by city employees or agents for lake maintenance purposes, or to boats operated by the Washington State Department of Wildlife. This section shall also not apply to remote control model boats which are powered by internal combustion gasoline engines; provided, however, that the city council may permit the operation of watercraft powered by internal combustion gasoline engines in connection with any general celebration which is city-wide or greater in extent, subject to such conditions and limitations as may be deemed appropriate. (Ord. 2698 § 1, 1998; Ord. 2422 § 2, 1990).

7.36.020 Fishing and bathing.

It is unlawful for any person to fish, wade, swim, or bathe in any city park lake except in places designated by the park superintendent for such purposes. (Ord. 2040 § 1, 1981; Ord. 1638 § 2, 1973).

7.36.030 Destruction of property by animals – Owner responsibility.

The owner of any animal damaging or destroying park property will be held liable for the full value of the property so damaged or destroyed, in addition to any impounding fees and penalties otherwise lawfully imposed. (Ord. 1638 § 3, 1973).

7.36.040 Public comfort stations.

(1) No male person, other than a child with its mother, or a park employee in the discharge of his regular duties, shall enter a public park comfort station marked “women,” or stand or remain about the entrance to any such comfort station. No female person, other than a child with its father, or a park employee in the discharge of her regular duties, shall enter a public park comfort station marked “men,” or stand or remain about the entrance to any such comfort station.

(2) The following acts are unlawful:

(a) For any person to blow, spread or place any nasal or other bodily discharge, or spit, urinate or defecate on the floors, walls, partitions, furniture, fittings, or any portion of any public park comfort station or in any place in such station, except directly into the particular fixture provided for that purpose;

(b) For any person to stand or climb on any public water closet, toilet, toilet seat, basin, partition or other furniture or fitting located in any public park comfort station;

(c) For any person to interfere with any park attendant in the discharge of his or her duties;

(d) For any person to use towels, soap, toilet paper, or any other facilities provided in a public park comfort station in any improper or wasteful manner;

(e) For any person to place or deposit refuse or any other materials in any basin, toilet, sink, fountain, or other container in a public park not provided for such purpose, or in any manner to obstruct the regular flow of water in any such toilet, sink, basin, or fountain. (Ord. 1638 § 4, 1973).

7.36.050 Hours of park closure.

It is unlawful for any person to be in any public park at any time between the hours of 10:00 p.m. and 5:00 a.m. of the following morning, except from June 1st through Labor Day between the hours of 11:00 p.m. and 5:00 a.m. of the following morning, without written approval of the park superintendent except under the following circumstances:

(1) Vehicular traffic crossing such park on a park roadway;

(2) Pedestrians crossing through such park;

(3) Participants or spectators of athletic contests in park areas floodlighted for those contests, or at other events authorized by the city council. (Ord. 1638 § 5, 1973).

7.36.060 Prohibited areas.

(1) No person shall ride, drive or walk on such parts or portions of the parks or pavement therein which are closed to public travel by duly erected signs or barriers or interfere with, damage or destroy any such signs or barriers.

(2) No person shall enter any building, enclosure, or place within any of the public parks upon which the words “no admittance” shall be displayed or posted by sign, placard, or otherwise, without the consent of the park superintendent or his authorized representative.

(3) In case of an emergency, or in any case where life and property are endangered, all persons, if requested to do so by the park superintendent, or his duly authorized representative, or when directed by any officer of the Longview police department shall immediately depart from the portion of the grounds specified by such officer or employee and shall remain off the same until permission is given to return. (Ord. 1638 § 6, 1973).

7.36.065 Riding of bicycles prohibited in certain area of Lake Sacajawea Park on July 4th.

It shall be a Class IV civil infraction to ride a bicycle within the area of Lake Sacajawea Park bounded by Washington Way, Louisiana Street, Kessler Boulevard and Nichols Boulevard between the hours of 8:00 a.m. and midnight on the fourth day of July; provided, however, this section shall not be applicable to bicycles ridden by law enforcement personnel. (Ord. 2827 § 1, 2002).

7.36.070 Exhibitions of works of art.

(1) No fixed work of art shall be placed in any public park. No portable works of art shall be placed in any public park without prior written permission of the park superintendent.

(2) It is unlawful for any person to display advertisements or articles for sale on or within any public park without the prior written permission of the park superintendent.

(3) It is unlawful for any group or organization of persons to use any public park within the city for any promotion, concert, show, sale or display of merchandise, without the prior permission of the city council; provided, food stands during recognized public holiday celebrations may be allowed by prior written approval of the city manager. (Ord. 1638 § 7, 1973).

7.36.080 Park officers and employees not affected.

Nothing contained herein shall prevent the performance of any act or service by the park officers or employees which has been duly authorized by the park superintendent. (Ord. 1638 § 8, 1973).

7.36.090 Fireworks prohibited.

Except as allowed by a permit for a public display of fireworks, it shall be unlawful for any person to possess, ignite, explode or discharge fireworks of any description in any of the public parks within the city. (Ord. 2086 § 1, 1982).

7.36.100 Domestic animals and exotic animals prohibited.

Except for dogs and domestic cats, and domestic animals (as defined in LMC 6.06.010) weighing less than 60 pounds, it is unlawful for the owner, keeper or possessor of any domestic animal, as defined in LMC 6.06.010, or exotic animal, as defined in LMC 6.06.400, to cause, permit or allow such domestic or exotic animal to be in any public park in the city. (Ord. 2694 § 1, 1998; Ord. 2373 § 2, 1989).

7.36.110 Animals prohibited in certain areas.

It is unlawful for the owner or keeper of any domestic animal (as defined in LMC 6.06.010) to cause, permit, or allow such domestic animal to enter any public beach, fountain, organized athletic area, sports field, children’s playground equipment area, or city golf course except in such locations that are specifically designated as “pet areas”; provided, however, that this section shall not apply to seeing-eye dogs, hearing dogs and dogs in the performance of law enforcement activities. (Ord. 2373 § 3, 1989).

7.36.115 Animals prohibited in certain area of Lake Sacajawea Park on July 4th.

It shall be a class IV civil infraction for the owner or keeper of any domestic animal to cause, permit or allow such domestic animal to be within the area of Lake Sacajawea Park bounded by Washington Way, Louisiana Street, Kessler Boulevard and Nichols Boulevard between the hours of 8:00 a.m. and midnight on the fourth day of July; provided, however, this section shall not be applicable to animals that are a part of a concession permitted to occur in Lake Sacajawea Park, “seeing eye” dogs, “hearing” dogs, “personal service” dogs or dogs owned by a governmental agency for use in connection with law enforcement. (Ord. 2893 § 1, 2004).

7.36.120 Dogs and other animals deemed nuisance.

The director may ban dogs and other animals from areas of any park where it is determined the same may be a nuisance. The following dogs or other animals, in addition to those designated in LMC 7.36.150, are declared to be a nuisance:

(1) Any dog or other animal which chases or habitually or frequently runs after, snaps at or jumps at or upon any person, or runs after and chases any animals or fowl;

(2) Any dog or other animal which by frequent or habitual howling, yelping or barking annoys or disturbs a neighborhood or the quiet and repose of several persons;

(3) Any dog or other animal continually or habitually at large;

(4) Any dangerous or potentially dangerous dog as defined in Chapter 6.06 LMC;

(5) Any dog or other animal which destroys, defaces or disturbs public or private property or landscaping;

(6) Any female dog or other animal which is not on a leash held by the owner or keeper during its mating period. (Ord. 2373 § 4, 1989).

7.36.130 Animal waste.

It is unlawful for the owner or custodian of any dog or other animal to permit, either willfully or by failure to exercise due care, such animal to commit a public nuisance by defecating in any park. It shall be a defense to a charge under this section that such owner or custodian of the dog or other animal immediately remove and properly dispose of the feces deposited by the dog or other animal. (Ord. 2373 § 5, 1989).

7.36.140 Teasing, annoying or injuring animals prohibited.

It is unlawful for any person in any park in any manner to tease, annoy, disturb, molest, catch, injure or kill, feed or throw any stone, missile, or fireworks of any kind at or strike with any stick or weapon any animal, bird or fowl; or to encourage or direct any animal to tease, annoy, disturb, molest, catch, injure or kill any other animal; or to catch any fish or feed any fowl except at those places as may be so designated by the director for the catching of fish or the feeding of fowl. This section shall not be interpreted as to make it unlawful for any owner or custodian of a domestic animal to feed and/or play with such animal in any park. (Ord. 2373 § 6, 1989).

7.36.150 Large animal control.

It is unlawful for any owner, keeper or possessor having control thereof to allow or permit any horse or other large animal to enter or remain upon any public park property. Any animal which enters or remains upon any public park property contrary to these provisions is declared to be a public nuisance and may be impounded as such; provided, that the provisions of this section shall not apply to any law enforcement use or controlled animal show trial or class held upon any public park property pursuant to authority granted by the director. A “large animal,” for the purposes of this section, is defined as any animal weighing over 200 pounds or an animal which is commonly known as a farm animal. (Ord. 2694 § 2, 1998; Ord. 2373 § 7, 1989).