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HomeMy WebLinkAbout2897ORDINANCE NO. 2897 AN ORDINANCE of the City of Port Angeles, Washington, regulating activities within City parks and trails and revising the penalties for violation thereof, amending Ordinances 1859, 1946, 2169, 2398, 2632 and 2769, and amending Title 12 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Section 1 of Ordinance 1859 as amended by Section 1 of Ordinance 1946, and Section 12.04.010 of the Port Angeles Municipal Code are hereby amended to read as follows: 12.04.010 Definitions. As used in this Chapter: A. "City ", unless specified otherwise, means the City of Port Angeles. B. "Director" means the Recreation and Parks Director duly appointed by the City Manager in accordance with applicable statutes and policies. C. A "permit" is a license to engage in or conduct a special event at a recreation and park facility. D. "Recreation and park facilities" include but are not limited to the following: Wolverton Playfield, 7th & D TotlotPark, 6th and C Playficld, Kiwanis PlayficldCharles R. Willson Park, 13th and Laurcl PlayficldHazel Porter Kiel Park, 5th and Oak TotlotPark, Rains TotlotPark, Washington and Georgiana TotlotPark, Haynes Viewpoint, Elks Playfield, Jessie T. Webster Park, Erickson Playfield, Civic Field, Crown Park, Lincoln Park, Ediz IIookSail and Paddle Park, Harborview Park, Lions Park and Shane Park, James Viewpoint, "A" Street Viewpoint, "C" Street Viewpoint, Conrad Dyar Memorial Fountain, Volunteer Field, Waterfront Trail, and the City Pier Waterfront Park, and all areas leased, rented, loaned or otherwise under temporary control of the Recreation and Parks Department. Section 2. Section 4 of Ordinance 1859 and Section 12.04.130 of the Port Angeles Municipal Code are hereby amended to read as follows: 12.04.130 Prohibited Activities. Activities not permitted in a park shall include, but not be limited to, the following: A. Possessing, Econsuming and /or being under the influence of intoxicating liquors, drugs or narcotics; B. Interfering with any individual or group engaged in any lawful use of park facilities; C. Exposing or offering for sale any article or thing or stationing or placing in a stand, cart or vehicle any article or object for transportation, sale or display. This provision does not apply to regularly licensed concessionaires acting by and under the direction of the Recreation and Parks Department. The Director may also give permission for such activities on a temporary basis providing there is no conflict with the regularly constituted concessionaire; D. Distributing, leaving, throwing, tacking or pasting any signs, handbills, posters, advertisements or inscriptions for advertising any goods, materials, meetings, people or for other similar purposes; E. Soliciting, interfering with, or accosting other people for selling, begginge immoral acts or other similar purposes is not permitted in any park or attendant facility; F. Wilfully marking, marring, defacing, disfiguring, injuring, tampering with or displacing, removing, burning, cutting, carving, digging up or damaging any park property and attendant facilities or any plants, trees or shrubs, or attaching any rope, wire or other contrivance to a tree, plant, shrub or structure. Section 3. Section 10 of Ordinance 2169 and Section 12.12.130 of the Port Angeles Municipal Code are hereby amended to read as follows: 12.12.130 Prohibited Activities. It is unlawful for any person to commit the following offenses on the premises or in connection with the use of the City Pier and Waterfront Park facility: A. The use of or salc of liquor, including bccr and winc Possessing, consuming and /or being under the influence of intoxi- cating liquors, drugs or narcotics; B. Interference with any individual or group engaged in the lawful use of the facilities; C. Exposing or offering for sale any articles, things, or stationing in a stand any articles or objects for transportation, sale or display; D. The distribution, leaving, throwing, tacking, or pasting of any signs, handouts, posters or advertisements or inscriptions for the advertising of any goods, materials, meetings, people or other similar purposes upon any portion of the City Pier and Waterfront Park; E. Soliciting, interfering with, accosting other people for selling, begging, immoral acts, or any other similar purposes; F. Wilful marking, marring, defacing, disfiguring, injuring, tampering with, or displacing, moving, burning, cutting, carving, digging up, or damaging any portion of the City Pier and Waterfront Park; G. The use of amplified -sound facilities in a manner which disturbs surrounding business areas. Section 4. Section 6 of Ordinance 1859 and Section 12.04.150 of the Port Angeles Municipal Code are hereby amended to read as follows: 12.04.150 Violation M+ odcmcanorPenalty. Any person violating any provision of this ChaptcrTitle is guilty of a misdemeanor and may be punished by a fine of up to $500 and imprisonment for up to thirty days, or both, for a first offense; and, for a second offense, a fine may be imposed of up to $1,000 and imprisonment for up to ninety days, or both; and, for a third or subsequent offense, a fine may be imposed of up to $5,000 and imprisonment for up to one year, or both. Section 5. Section 1 of Ordinance 2398, Section 1 of Ordinance 2769, Section 14 of Ordinance 2169, and Section 1 of Ordinance 2632 are amended by repealing Sections 12.08.120, 12.10.120, 12.12.140 and 12.16.120, respectively, of the Port Angeles Municipal Code. 12.08.120 Violation Penalty. Any per3on violating any of thc provi3ion© of Coction 12.0 -8.119 r3 guilty of a mi3dcmcanor, and may bc punishcd by a finc of up to- $500 for each offcn3c. 12.10.120 Violation Penalty. Any person violating any of thc provision3 of PAM 12.19.119 is guilty of a misdemeanor and may bc punishcd by a fife of up to- $500 for each offcn3c. 12.12.140 Violation Penalty. Any person violating any provision3 of thi3 Chapter shall be guilty of a misdemeanor and may bc punishcd by a fine of up to five hundred dollars for each offcn3e— 12.16.120 Violation- Penalty. Any person violating any of thc provisions of Ccction 12.16.110 is guilty of a mi3dcmcanor, and may bc punishcd by a fine of up to $50$ for each offense. Section 6. Ordinance 1859 and Chapter 12.04 of the Port Angeles Municipal Code are hereby amended by adding the following section 12.04.220 prohibiting interference with use of the Waterfront Trail: 12.04.220 Interference With Use of Waterfront Trail Prohibited. It shall be unlawful for any person to walk, stand, sit, lie, or to place, deposit or otherwise locate any object in such a manner as to intentionally and maliciously block passage by another person using the Waterfront Trail, or to intentionally and maliciously require another person to take evasive action to avoid physical contact. Section 7 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 8 - Effective Date. This Ordinance shall take effect five days after the date of publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 7th day of Nov. 1995. ATTEST: C' ty Clerk APPROVED AS TO FORM: l Craig D. Knutson, City Attorney PUBLISHED: 95.24 November 12, 1995 (By Summary) MAYO Summaries of Ordinances Adopted by the Port Angeles City Council on November 7, 1995 Ordinance No. 2895 This Ordinance of the City of Port Angeles revises the provisions for payment of criminal fines so that if a person is unable to pay any fine or costs imposed, a court may order its payment in monthly installments. If paid in accordance with said order, no commitment or imprisonment of the defendant shall be made for failure to pay such fine or costs. Further, this Ordinance authorizes a work credit to be applied to fines so that a court may compel a defendant sentenced for violation of any of the provisions of the Port Angeles Municipal Code to perform eight hours' labor per day upon the streets, public buildings, and grounds of the City, except on Sundays, at a credit of five dollars for each hour's work. This Ordinance also authorizes community service in lieu of fines so that the court may order a defendant, if unable to pay all or any portion of such fine, to complete an appropriate number of hours of community service under the direction of the City's Community Services Coordinator, said work to be credited toward the satisfaction of the fine imposed at the rate of five dollars per hour worked. This Ordinance amends Ordinance 1793 and Chapter 1.28 of the Port Angeles Municipal Code. Ordinance No. 2896 This Ordinance of the City of Port Angeles corrects an inadvertent omission in Ordinance 2873, which amended the Capital Facilities Element of the Comprehensive Plan. Ordinance No. 2897 This Ordinance of the City of Port Angeles regulates activities within City parks and trails and revises penalties for violation thereof, by amending prohibited park activities to include possessing, consuming and /or being under the influence of intoxicating liquors, drugs or narcotics. This Ordinance also amends the misdemeanor penalty for any person violating any provision of Title 12 of the Port Angeles Municipal Code to be punishable for a first offense by a fine of up to $500 and imprisonment for up to thirty days, or both, and for a second offense by a fine of up to $1,000 and imprisonment for up to ninety days, or both, and for a third or subsequent offense by a fine of up to $5,000 and imprisonment for up to one year, or both. This Ordinance also establishes that it shall be unlawful for any person to walk, stand, sit, lie, or to place, deposit or otherwise locate any object in such a manner as to intentionally and maliciously block passage by another person using the Waterfront Trail, or to intentionally and maliciously require another person to take evasive action to avoid physical contact. This Ordinance amends Ordinances 1859, 1946, 2169, 2398, 2632 and 2769, and amends Title 12 of the Port Angeles Municipal Code. The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. These Ordinances shall take effect five days after the date of publication of these summaries. Becky J. Upton City Clerk Publish: November 12, 1995