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HomeMy WebLinkAbout050321_ca02 Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, Public Works Director/County Enginee Agenda Date: May 3, 2021 Subject: Notice of Public Hearing for Parks Ordinance Update Statement of Issue: The documents posted for public comment on the proposed Jefferson County Parks and Recreation Code did not include the proposed ordinance. Therefore, the public hearing is requested for May 17, 2021 in order to provide proper notice and the requisite time for the public to comment. As previously discussed and reviewed, the ordinance has been updated to combine two redundant chapters, comport with the revised animal control ordinance, eliminate unnecessary sections, and include new sections on Unmanned Aircraft Systems (UAS, Drones), and metal detecting. The draft code, ordinance and notice will be presented to the board for any further comment, recommendations, and approval of the notice of hearing. Analysis/Strategic Goals/Pro's Et Con's: As previously presented, the updated ordinance will be in accord with the updated animal control ordinance, clearer, and simpler. The ordinance will help protect park resources and guide user behavior and activities. The updated ordinance is better aligned with the park ordinances of our neighboring counties and the state parks. Fiscal Impact/Cost Benefit Analysis: Staff hours to update and implement changes in draft legislation. Recommendation: Discuss, make recommendations, and possible approval to prepare notice of hearing. Department Contact: Matt Tyler Reviewd By: 60-'772 1p Morley,'Co my Administra or Date To: Peninsula Daily News Publish: Two (2) times: Thursday, May 6, 2021, and Thursday May 13, 2021 Bill: Jefferson County Public Work, 623 Sheridan St., Port Townsend, WA 98368 NOTICE OF PUBLIC HEARING BEFORE THE JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS REGARDING PROPOSED CHANGES TO THE PARKS AND RECREATION ORDINANCE NOTICE IS HEREBY GIVEN that the Jefferson Board of County Commissioners will hold a virtual/ on-line public hearing on Monday, May 17, 2021 at 11: 30 AM. This public hearing was previously scheduled, but has been reset to this new date and time. The purpose of the hearing is to consider changes to the Parks and Recreation Code, Chapter 12.25 of the Jefferson County Code. The code is being updated to make it consistent with Chapter 6.07 Animal Control and other provisions of the County Code and with state law, as well as to make other changes for clarity. The proposed changes to the code also include revisions to park regulations for unmanned aircraft systems and remotely controlled vehicles, as well as metal detecting in county parks within unincorporated Jefferson County. Public Comment Period and Method to Provide Comment: The public may view the proposed amendments to the Parks and Recreation Ordinance and supporting documents by visiting https://www.co.jefferson.wa.us/492/Board-of-County-Commissioners or http://test.co.jefferson.wa.us/WebLinkExternal/0/fol/2759981/Row1.aspx. The public is invited to give oral testimony on the proposed Parks and Recreation Ordinance at the May 17, 2021, 11:30am public hearing, as described below. You may also submit written testimony for the public hearing via email at jeffbocc@co.jefferson.wa.us or by U. S. mail to the Jefferson County Commissioners, PO Box 1220, Port Townsend, WA 98368, provided all written testimony is received before the close of the public hearing. COVID- 19 NOTICE: NO IN-PERSON ATTENDANCE ALLOWED (Per the May 29, 2020 Jefferson County Public Health Officer Order) You can join this meeting by using the following methods: (1) Zoom Meeting: https://zoom.us/j/93777841705 This option will allow you to join the meeting live. You will need to enter an email address. If you wish to provide public comment, click on the hand icon at the bottom of the screen to "raise your hand." Participation will be up to the Chair and/or Clerk of the meeting. (2) Audio-only: Dial: 1- 253- 215- 8782 and use Webinar ID: 937- 7784- 1705#. This option will allow you to listen to the meeting live. If you wish to provide public comment, press * 9 to "raise your hand." Participation will be up to the Chair and/ or Clerk of the meeting. (3) Website: www.co.jefferson.wa.us. Follow the links under "Quick links, "Videos of Meetings," and click on "Streaming Live." This option will allow you to watch the meeting live-streaming, with no participation. (4) Access for the hearing impaired and others can be accommodated using Washington Relay Service at 1- 800- 833- 6384. In the event of technical difficulties, at least one of the methods above will be accessible to the public. Please try all methods first before calling 360-385-9100 to report any issues. Agenda items are listed on our website at: www.co.jefferson.wa.us Follow the links under "Quick links," "Videos of Meetings," and click on " Recorded," " Streaming Live," or " Upcoming" to find this meeting and view agenda items. For additional information, please contact Matt Tyler, at email mtyler@co.jefferson.wa.us or phone 360-385-9129. Approved this 3rd day of May, 2021 Jefferson County Board of Commissioners __________________________________________ Kate Dean, Chair COUNTY OF JEFFERSON STATE OF WASHINGTON An Ordinance Repealing and Replacing } Chapter 8.25 of the Jefferson County Code } ORDINANCE NO. Amending Chapter 12.25 of the Jefferson County Code WHEREAS, Article XI, section 11 of the Washington Constitution, confers upon county legislative authorities the police power to adopt such local police, sanitary and other regulations as are not in conflict with general laws; and, WHEREAS, Article XI, section 11 of the Washington Constitution is a direct delegation of the police power to cities and counties, and the power delegated is as extensive within their sphere as that possessed by the legislature; and, WHEREAS, RCW 36.32.120(7) provides that the county legislative authorities shall make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law; and, WHEREAS, police power is that inherent and plenary power which enables prohibition of all things hurtful to the comfort, safety and welfare of society; and, WHEREAS, the scope of police power is broad, encompassing all those measures which bear a reasonable and substantial relation to promotion of the general welfare of the people; and, WHEREAS, RCW 36.32.120(10) provides that county legislative bodies have the power to declare by ordinance what shall be deemed a nuisance within the county; to abate a nuisance at the expense of the parties creating, causing, or committing the nuisance; and to levy a special assessment on the land or premises on which the nuisance is situated to defray the cost, or to reimburse the county for the cost of abating it; and, WHEREAS, the BoCC has held a hearing and has received public comment on the draft ordinance proposed by staff, and, WHEREAS, in response to the public comment and testimony, additional improvements to the draft ordinance have been made, and, NOW, THEREFORE, be it ordained by the BoCC as follows: Section 1. Amending Chapter 12.25 JCC. The BoCC adopts the changes to Chapter 12.25 JCC, as set forth in Appendix A. Section 2. Repealing and Replacing Chapter 8.25 JCC. The BoCC hereby repeals and replaces Chapter 8.25 JCC with the Amended Chapter 12.25 JCC. Section 3. Findings. The BoCC hereby adopts the above recitals (the "WHEREAS" statements) as its findings of fact in support of this Ordinance. Section 4. Severability. The provisions of this Ordinance are declared separate and severable. If any provision of this Ordinance or its application to any person or circumstances is held invalid, then the remainder of this Ordinance or application of its provisions to other persons or circumstances shall remain valid and unaffected. Section 5. SEPA Compliance. This ordinance is categorically exempt from the State Environmental Policy Act under WAC 197-11-800(19). Section 6. Effective Date. This ordinance is effective immediately upon adoption. (SIGNTURES FOLLOW ON NEXT PAGES) 2 ADOPTED this day of 2021, at a.m. SEAL: ATTEST: Carolyn Gallaway, Date Clerk of the Board JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS Kate Dean, Chair Greg Brotherton, Member Heidi Eisenhour, Member APPROVED AS TO FORM: Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney Chapter 12.25 COUNTY PARKS Sections: 12.25.010 Purpose. 12.25.020 Definitions. 12.25.030 Scope. 12.25.040 GampingPark use. 12.25.050 Park hours and closures. 12.25.060 Concessions and vendin^.Camping. �17 26 070 C'rec PaGn'�g- TLTT: V"l"pIT .TT. . rTGT�T 12 25. 080 Garbage re^er)tacies Cichinry 12.25.090 Drainage, dumpin.. Community kotC�ens.. 12.25.100 Concessions and vending. Hydrant use 12.25.110 Water contanihiation.Fire safety. 12.25.120 Comfort statmon^Sanitation required. 12.25.130 Dummmnn refuse from off the r,remisesWater contamination. 12.25.140 Noiselllegal deposit of bodily waste. 12.25.150 Public address systerns.Noise. 12.25.160 Nuisances, Public address systems. 12.25.170 Firearms and bows and arrows. 12.25.1807-5 Fireworks prohibited. 12.25.190 Preservation of n..h':^ nronerty Animals. 12.25.200 TT, espass Horseback riding. 12.25.210 Motor vehicles. 12.25.220 Unmanned aircraft systems (UAS) and remotely -controlled vessels and vehicles. 12.256.230 Metal ddetecting-Prehfl*&d. 12.25.240 Religious services or groups. 12.25.250 Preservation of public property. 12.25.260 Trespass from park to private property prohibited. 12.25.270. Enforcement. 1 12.25.010 Purpose. The purpose of this chapter is to establish rules and regulations regarding the care, control, supervision, and operation of all county park lands and their use. [Ord. 3-83 § 1] 1 12.25.020 Definitions. For the purpose of this chapter, the following words shall have the meanings as stated: (1) "Board" means the Jefferson County board of commissioners. (23) "Camper" shall means a motorized vehicle containing sleeping and/or housekeeping accommodations, and shall include a pickup truck with camper, a van -type body. a converted bus, or any similar type vehicle. (334) "Camping" means erecting a tent or shelter or arranging bedding or both or parking a trailer, camper, or other vehicle for the purpose of--,-&Fof, or in such a way as will permit remaining overnight, remaining overnight. ( ) "Camping unit" means the primary means of shelter being utilized for overnight camping; includes a tent, van, trailer, camper, recreational vehicle, and similar units. (e: ) "Campsite" means a designated camping site that is designed for overnight use by persons with a camper, trailer, tent, or other means to provide sleeping arrangements. (7) "Caretaker" or "Camp Host" means a person designated by the Jefferson County Parks Department who is responsible for park maintenance, fee collection, and implementing compliance with all park rules and regulations. (68) "Community kitchen" shaWmeans a roofed structure, heusinewith range tops and ovens heated by wood. (9) "Q*eEtsrDirector" means the d+regterDirector of the Public Works Department or designee. (10) "Domestic animal" means an animal that is customarily devoted to the service of humankind at the place it normally lives, such as a dog or cat. (' 10�6) "Law enforcement official" means any duly constituted and credentialed law enforcement officer. (0124) "Motor vehicle" s#a4Lmeans any self-propelled device capable of being moved upon a road, and in, upon, or by which any persons or property may be transported or drawn, and shall include but not be limited to, automobiles, trucks, motorcycles, motor scooters, jeeps, or similar type four- wheel drive vehicles, and snowmobiles, whether or not they can legally be operated upon the public highways. (132) "Park" means any area under the ownership of Jefferson County, state of Washington, and managed by the Parks & Recreation Division of the Jefferson County Department of Public Works. (15439) "Person" means any person, firm, partnership, corporation, club, and any association, or combination of persons acting for themselves or by an agent, servant, or employee. 165) "Public health department" means the Jefferson Countv Department of Public Health. (17) "Remotely controlled vehicle or vessel" means any land or water vehicle, boat or machine, no matter the size, that is operated remotely using radio signals or any other means. (1864) "Service animal" " sona^o anon4a' means any dsganimal that is inlay trained for the purpose of assisting or accommodating a disabled person's sensory, mental or physical disability. as specified by RCW 70.84.021. Emotional support animals, comfort animals, and therapy dogs are not service animals, . A doctor's note is insufficient to characterize an animal as a "service animal." (1947-5) "Trail" sjl4a4Lmeans any path or track designed for use of pedestrians, bicycles, or equestrians; and wh*Gh is not Of SUffiGment width, or graded or jDaved with GenGrete, aspha or other right-of-way specifically desiqnated and posted for nonvehicular use. (204-860) "Trailer" means a towed vehicle that contains sleeping or housekeeping accommodations. [Ord. 3-83 § 2] (2148-7) "Unmanned Aircraft System" means any remotely controlled aircraft to include drones and radio controlledr aircraft. 12.25.030 Scope. This chapter shall apply to all county park lands owned and managed by Jefferson County. [Ord. 3- 83 § 3] 12.25.40 Park use. It shall be unlawful for any person Rd or hea..h a s d8GO .Rated a n+, in parkParks for outdoor recreational activities other than those uses which are posted in a conspicuous place in the oafk-aTe-aPark by the r+omm iccionersd i rentorDirector. [Ord. 4-73 & 11 12.25.050 Park hours and closures. (1) The d#eeterDirector may establish a reasonable schedule of visiting hours for a park or portions of a park area. The d#eeterDirector may close to public use any portion of a park area when necessary for the protection of that area or for the safety and welfare of persons or property. Notification identifying the extent and scope of such scheduling or closure shall be made by the posting of appropriate signs. (2) All persons shall observe and abide by any officially posted signs designating closed areas and visiting hours in parks. [Ord. 3-83 § 51 12.25.06-5040 Camping. (1) Camping shall only be permitted in parks designated by the board -of i+o m m i ss l o n e rsd o recto rDirector. (2) Camping and the use of trailers or other camping units is permitted in parks only at designated locations. Within designated locations, the pitching of tents or parking of trailers or other camping units is permitted only at designated campsites. The number of vehicles occupying a single campsite at one time shall be limited to one car, one camper, or one vehicle with a trailer. (3) Temporary occupancy of the same campsite by the same person or persons shall be limited to seve-R-ten days. [Ord. 4-73 & 81 At the end of seven days with ramnoroi Rd loss than full, campers may extend their OGGUpanGy to a maximurn of 10 days with permission Of Gampground Director- (4) Permanent occupancy by the same person, group of persons, or organization of any park, portion of a park, or facilities within a park is prohibited except by those county employees or caretakers authorized to set up residency within park boundaries by the boardd+reeterDirector. (5) aRy evemight GampiRg stay that 06 OGGLIFFORg OF Will OGGUF at an, time bet-ee.. 7.00 a.m. local tome on April ist of any year up to and inGluding any overnight Garnping stay that 0 . - r Will GGGU as of 7:00 p.m. on OGtoher 31 st of any year. The fees annlioahle to eyernioht oamnino at the Le 2 (76) Fees for the use of campsites are due in advance by initially occupying a campsite and thereafter are payable daily. The campsite fee covers exclusive temporary occupancy of the campsite until the vacating time of 3:00 p.m. the following day. ( ) A campsite is considered occupied when it is being used for the purpose of camping by a person or persons who have paid the campsite fee within the applicable time limits. No persons shall take or attempt to take possession of a campsite when it is being occupied by another party or when informed by the park attenrdan+caretaker that such a campsite is occupied or otherwise unavailable. ( ) Occupants shall vacate Gamning faoilitiescampsites by removing their personal property therefrom prior to 3:00 p.m. if the applicable campsite fee has not been paid or if the time limit for occupancy of the campsite has expired. The occupants may, however, remain in other areas of the park for purposes other than camping until the normal closing time of the park. [Ord. 14-99 § 1; Ord. 3-93; Ord. 3-84; Ord. 3-83 § 4] I17 25 0750 Dinninldnn Dionioking in narks is Permitted only in designated and marked ni.+n*Gking areas [Ord 4_7'.2 12.25.0860 Fishing. (1) All laws, rules and regulations of the State Game CommissionWashington Department of Fish and Wildlife relating to season, limits, and methods of fishing are applicable to fishing for game fish in Jefferson Geunfii narks afeasz. (2) All laws, rules, and regulations of the State Department of FosheriesWashington Department of Fish and Wildlife relating to season, limits, and methods of taking, are applicable to the taking of shellfish or food fish in Jefferson GpupA„ parks-afeas. [Ord. 4-73 § 111 I 12.25.07050 Dark hours and Glos ures. (1) The board idireotorDirector may establish a reasonable sohei-dule of visiting hours for a nark or portions of a nark aFea. The hearrd ,direetorDirector area when necessary fo-, an nf thot area or feF the safety and welfaFe Of PeFSE)RE; OF by the posting of appropriate signs All persons shall obseple and abode by any OffiGially posted signs designating Glased areas and Community k0tGhens are This Y�aP. GOMMunity k*tGhen for an unreasonable length of time. [Ord. 4 �'� The vending of various goods, services, products, or commodities, including mobile vending, is permitted on park lands with the prior written previsie-R- rmission by the commossionersdorecto Director. The vending of any such goods, services, products, or commodities without written permission is prohibited. [Ord. 3-83 § 6] j 12.25.1100074 Fires safety. (1) During periods when potential fire danger makes such action necessary, the d+reEterDirector may prohibit combustion of any kind on any park lands, including roads and trails, by the posting of appropriate signs. (2) The kindling of fires is expressly prohibited in all parks, unless authorized by subsection (3). [Ord. 3-83 & 71 ( ) The kindling of any fire is permitted only in designated camping and picnic grounds and only if the fire is confined in a fireplace proymdpd for the , — „f „icitorc, or in grills or other specified locations or in stoves or lanterns using gasoline, propane, butane gas, or similar fuels. However, The d+reEtsrDirector may prohibit the kindling of fires in parks prevent the risk of fire. (" ") When no longer needed, the -all fires in parks shall be completely extinguished. Leaving a fire unattended in a ---' is prohibited. Throwing or dropping a lighted cigarette, cigar, match, or other burning material anywhere in a park is prohibited. (46) -The k ndling of fires on park lands may be prohibited when potential darnage makes SUG14 1 12.25.121-0 Sanitation required. (1) Compliance with the applicable provisions of Chapter 8.10 JCC (Solid Waste Regulations) in parks is required. If there are any inconsistencies between this chapter and Chapter 8.10 JCC, then the most stringent provision shall control. (2) Sanitary facilities shall be constructed and maintained in a sanitary manner acceptable to the (lI"mnin hoar+h r�i�+rin+public health department. Where deemed necessary an approved method of sink and shower waste disposal shall be provided. L ) No person shall leave, deposit, drop or scatter bottles, broken glass, ashes, waste paper, cans, or other rubbish in a jefferson County park areai)a, , except in a garbage can or other receptacle designated for such purposes. (34) No person shall deposit any household or commercial garbage, refuse, waste, or rubbish, which is brought as such from any private property, in any Jefferson County Park areapark garbage can or other receptacle designated for such purpose. L ) No person shall drain or dump refuse or waste from any trailer, camper, automobile, or other vehicle In a park, except in designated disposal areas or receptacles, if provided. ( ,u) No person shall clean fish or other food, or wash any clothing or other articles for personal or household use, or any dog or other animal, or clean or wash any automobile or other vehicle in a jeffersen County Park pares . [Ord. 4-73 § 41 17 25 non Drainage dumpinn Drainage or dumping refuse or wastes from any trailer or other vehicle, except On places o receptacles provided fn�an�eis prohibited, [Ord '2_83 C 810�1�1j c� rv-vTa J-prvrrrvr `T.YvV�n 12.25.1�200 Hydrant use, Gleaning food, fish, or fowl or washing clothing, vehieles, campers, or articles of household use a Gaprohibited. [Ord 3_83 § Q!'2\1 12.25.1332040 Water contamination. Polluting or contaminating in any manner any watershed, water supplies, or water used for drinking purposes is prohibited. [Ord. 3-83 § 8(4)] 12.25.143020 Illegal deposit of bodily wasteComfort stations. Depositing any bod y waste in or on any portion of any o f,,,o, tstatio^public toil E or other public structure, except into fixtures provided for such purposes, is prohibited. Placing garbage, rubbish, or foreign materials in any of the plumbing fixtures of rnmferF stati.,r,public toilets is prohibited. [Ord. 3- 83 § 8(5)] 1 12.25.1540 Noise. (1) Compliance with the applicable provisions of Chapter 8.70 JCC (Noise Control) in parks is required. If there are any inconsistencies between this chapter and Chapter 8.70 JCC (Noise Control), then the most stringent provision shall control. (2) Persons using parks shall not create public nuisance noises. 12.25.16-50 Public address systems. The operation or use of a public address system is prohibited, except when such a system is authorized by the beaFd „r designated r o 8Rtati„ed0rectorDirector. [Ord. 3-83 § 9(2)] I 12.25.160 Nuisances. Creating a nuisanGe by any aGt or gesture or unreasonable leud noise is prohibited. [Ord. 3 83 § W" I 12.25.170 FireaFms. DiSGharging firearms on GG unty nark lands is n�bite `J [Ord. 3 83 §9(4)] 12.25.1760 Firearms and Bows and Arrow. (1) Parks are no shooting areas in accordance with RCW 9.41.300(2)(a) and Article I of Chapter 8.50 JCC, because in parks "there is a reasonable likelihood that humans, domestic animals, or Drooerty may be ieooardized." (2) No person shall discharge, set off, or cause to be discharged, in or into any park area, any firearm or bow and arrow}, except for the lawful use of a firearm by a law enforcement officer in the performance of their duties or the lawful use of force by citizens. (3) Nothing shall abridqe the right of the individual guaranteed by Article I, Section 24 of the State Constitution to bear arms in defense of self or others. [Ord. 4-20 § 1 (Apex. A); Ord. 2-17; Ord. 2-07 12.25.E 87- Fireworks prohibited and Firearms. (1) The use or possession of fireworks, as defined min RCW 70.77.126, is prohibited by the general ublic. (2) A public display of fireworks open to the general public, with or without charge, shall meet the requirements of the State Fireworks Law pursuant to Chapter 70.77 RCW. [Ord. 13-95; Ord. 3-83 § 9(4), (5)] (3) No person shall discharge, set off, or cause to be discharged, in or into any jeffersen CoufAy n.—afeapark, aRY fiFeaffn bow and aFFE), firecrackers, torpedoes, rockets, fireworks, explosives, or substance harmful to the life or safety of persons, property, or wildlife. [Ord. 4-73 § 1 01,excaprfor 1, SeGtien 24 of the State Constitution to bear arms On defense of self or others. [Ord. 4 20 § 1 . A )• nr,t 2 1 7• nr,f 2_07 § 31 (A) A violation of this s^^fi^n n^nsfit ut^s a misdemeanor offense 12.25.1980 Pets and Animals. (1) Compliance with the applicable provisions of Chapter 6.07 JCC (Animal Control) in parks is required. If there are any inconsistencies between this chapter and Chapter 6.07 JCC, then the most stringent provision shall control. (2) Domestic animals and horses may be allowed in parks by the d+reetwDirector. No animals besides domestic or service animals or horses/ponies are allowed to be brought into the parks. (3) All dogs or other nets er domestic or service animals must be kept on a leash of no nreater fh. n eight feet or less in length, and under control of the owner or owner's designee at all times while in a park. (42) D^^snets or domestic animals are not permitted on any designated swimming beach in any park; provided, that this subsection shall not apply to service animals actively working.deg-s. (53) No person shall allow their domestic or service animal to bite or in any way molest or annoy other park visitors. No person shall permit theirl4s. domestic or service animal to bark or otherwise disturb the peace and tranquility of the park. [Ord. 4-73 51 (642) The owner of a dog, Gat Or of"eYowner of a domestic animalpet is directly responsible for the behavior of the animal and shall not allow the animalpet to create a nuisance to other park users or deface park lands. (7) Animal owners must pick up solid bodily waste from their animal and dispose of it in garbage receptacles provided in the park or take it with them when they leave the park. 53 �r^�in^ er FaRgi ^ of de ^sfiG animals is pFohibited.rnrd 3 83 § 1 rn 1 12.25.2004-90200 Horseback riding. (1) Horses shall not be permitted in any designated swimming area, campground, picnic area, or any other area so designated or posted in a park. (2) No person shall ride any horse or ^+"m„er-a� pony in such a manner in a park that might endanger life or limb of any person or animal, and no person shall allow horse or PonvGtheF to stand unattended or insecurely tied in a park. [Ord. 4-73 § 61 12.25.24-A2100 Motor vehicles. (1) No person shall drive a motor vehicle within any park at a speed greater than is reasonable and prudent, having due regard for the traffic on, and the surface and width of the road, and in no event at a speed which endangers the safety of persons, property, or wildlife; provided, however, that in no event shall a vehicle be driven at a speed greater than 15 miles per hour in camp, picnic utility, or headquarters area, or in areas of general public assemblage; and provided further that in no event shall a vehicle be driven at a speed greater than 25 miles per hour in any other area. (2) No person shall operate a motor vehicle within the boundaries of a jeffersoR Gegfl ffL a�eapark except on roads, streets, highways, parking lots, or parking areas; except motor vehicles conducting park maintenance operations- (3) No person shall operate any motor vehicle on a trail in any jefferson Co in+„ park, area -unless su,chthe trail has been specifically designated and posted for such use. [Ord. 4-73 �. 71; except emergency vehicles or motor vehicles conducting trail maintenance operations. 12.25.2202240 Unmanned Aircraft Systems (UAS) and remotely - controlled vehicles. (1) No person shall operate or control the44+g-14 movement of ar} UAS, remotely -controlled vehicle or vessel from within any jefferson County pork ar^o ,eri+hG tpark without a no fee special use permit issued by the d*eGtorDirector notwithstanding certain exceptions defined by policy, (2) Special Use permits will only be issued to local, state, or federal government agencies for purposes of scientific research, engineering, or search and rescue operations. Operations will follow all applicable laws. (34) A UAS or remotely -controlled vehicle or vessel special use permit shall not be issued in a way to imply endorsement of Jefferson County, nor shall owner's or GpefatGi:Lsoperators of a UAS or remotely -controlled vehicle or vessel or their end users of the content of material's produced by the UAS flight or remotely -controlled vehicle or vessel other operation imply any endorsement of Jefferson County or ^ mts eRt4 E&wuwmI TI T�I'I ma '►�'►�1m em �I � \ \ �I l `\�'►� A The use of metal detectors is permitted on County park lands only as specified below. Such use is subject to the following limitations: 1. Any person desiring to use a metal detector on specified County park lands shall apply for a metal detecting permit (b) The issuance of a no fee metal detecting permit is conditioned upon the applicant's agreemnt to comply with the rules and regulations of this section and accepting all responsibilities set forth therein. (c) Upon a determination by the Director, or his designated appointee, that a metal detecting permit holder has violated any rule or regulation of this section, such permit will be revoked and they will lose the privilege to obtain a permit in the future. 2. Specified County park lands in which metal detecting may be permitted consist of the following: 1. Cape George Trailhead Park (40 acres) 2. Gibbs Lake County Park (700 acres) 3. Chimacum Park (12 acres) 4. Lake Leland and Quilcene Campgrounds only when the campsite is unoccupied 5. Other areas as per parks policy Metal Detecting Rules and Regulations 1. Metal deteetong4s ;ermuti rcerta*n parks (sgg,@kgvgLParks that permit metal detectinq will have metal detecting information posted at the park; if no information is posted, the park does not permit this activity. 2. Users will not destroy or damage park facilities or natural features. 3. Any find that appears to have cultural, historical or archaeological significance may not be removed from where it was found. Report all findings immediately to Jefferson County Parks and Recreation and do not further disturb the area. 4. Properly dispose of all found or recovered litter. 5. Group -detecting events require a Jefferson County special events permit. 6. Metal detecting in camping areas open to metal detecting, is permitted only in unoccupied campsites. UTheFe 06 ne use of metal detectors in occupied campsites is prohibited. 7. The only digging tools allowed to be used in metal detecting are a blunted ice pick, a screwdriver no more than 6" long, or a blunted awl. The use of an metal deters#ing de\wne in narks is nrehihi#ed 12.25.2-W2420 Religious services or group rallies. Religious services or group rallies may be permitted in j8#eFSOR COUR+„ pa* �parks where facilities are adequate, and where such activities will not conflict in any way with normal park usage. To avoid conflict, permission for such activities must be obtained in advance from the 'e —e o Director. Facility rental fees may apply. Permission for the use of loudspeakers by groups must be obtained in advance from the direEterDirector. [Ord. 4-73 § 121 12.25.190 2402530 Preservation of public property. (1) The possession, destruction, injury, defacement, removal, or disturbance in any manner of any building, sign, equipment, monument, statue, marker, or other structure, or any other public property of any kind, is prohibited. (2) Entering, climbing upon, or tampering with county -owned motor vehicles and motorized or power equipment, except by authorized county employees, is prohibited. [Ord. 3-83 § 11] 12.25.25064000 Trespass from a parkf to private property is prohibited. Trespass from a park onto private property, including beaches and tidelands, is prohibited. [Ord. 3- 83 § 12] 12.25.2602750GenefaT0ther prohibited conduct at parks. (1) No-Bboisterous or noisome activities shall he engaged ;n between the hours of 10:00 p.m. and sunrise are prohibited. (2) Vulgar language or inyfepe -conduct designed to harass or annoy other persons �°��"tee +eleFate.d a ., „+,rr,eis prohibited. (34) Defacing P-park property is prohibited. [Ord. 4-73 131 1 12.25.2-7-02860 Penaltme Enforcement. (1) The enforcement provisions codified in Title 19 JCC, Code Compliance, as currently enacted or as hereafter amended, shall apply to any alleged or found violation of this chapter. (2) Compliance with the terms and conditions of this chapter shall constitute minimum health, sanitation and safety provisions. Any person who shall violate or fail to comply with any provision of this ordinance shall be deemed guilty of a misdemeanor. [Ord. 4-73 § 141 0 u 2- Gede reviser's note: Ordinance No. 4 03 repeals OrdiRance 14 99, Section 2, and the fees fFem subsection (See Part V of the fee schedules in the Appendix to this code for camping fees Chapter 12.25 COUNTY PARKS Sections: 12.25.010 Purpose. 12.25.020 Definitions. 12.25.030 Scope. 12.25.040 Park use. 12.25.050 Park hours and closures. 12.25.060 Camping. 12.25.100 Concessions and vending. 12.25.110 Fire safety. 12.25.120 Sanitation required. 12.25.130 Water contamination. 12.25.140 Illegal deposit of bodily waste. 12.25.150 Noise. 12.25.160 Public address systems. 12.25.170 Firearms and bows and arrows. 12.25.180 Fireworks prohibited. 12.25.190 Animals. 12.25.200 Horseback riding. 12.25.210 Motor vehicles. 12.25.220 Unmanned aircraft systems (UAS) and remotely -controlled vessels and vehicles. 12.25.230 Metal detecting. 12.25.240 Religious services or groups. 12.25.250 Preservation of public property. 12.25.260 Trespass from park to private property prohibited. 12.25.270 Other prohibited conduct at parks. 12.25.280 Enforcement. 1 12.25.010 Purpose. The purpose of this chapter is to establish rules and regulations regarding the care, control, supervision, and operation of all county park lands and their use. [Ord. 3-83 § 1] 1 12.25.020 Definitions. For the purpose of this chapter, the following words shall have the meanings as stated: (1) "Board" means the Jefferson County board of commissioners. (2) "Camper" means a motorized vehicle containing sleeping and/or housekeeping accommodations, and shall include a pickup truck with camper, a van -type body, a converted bus, or any similar type vehicle. (3) "Camping" means erecting a tent or shelter or arranging bedding or both or parking a trailer, camper, or other vehicle for the purpose of, or in such a way as will permit remaining overnight, remaining overnight. (5) "Camping unit" means the primary means of shelter being utilized for overnight camping; includes a tent, van, trailer, camper, recreational vehicle, and similar units. (6) "Campsite" means a designated camping site that is designed for overnight use by persons with a camper, trailer, tent, or other means to provide sleeping arrangements. (7) "Caretaker" or "Camp Host' means a person designated by the Jefferson County Parks Department who is responsible for park maintenance, fee collection, and implementing compliance with all park rules and regulations. (8) "Community kitchen" means a roofed structure, with range tops and ovens heated by wood. (9) "Director" means the Director of the Public Works Department or designee. (10) "Domestic animal" means an animal that is customarily devoted to the service of humankind at the place it normally lives, such as a dog or cat. (11) "Law enforcement official" means any duly constituted and credentialed law enforcement officer. (12) "Motor vehicle" means any self-propelled device capable of being moved upon a road, and in, upon, or by which any persons or property may be transported or drawn, and shall include but not be limited to, automobiles, trucks, motorcycles, motor scooters, jeeps, or similar type four-wheel drive vehicles, and snowmobiles, whether or not they can legally be operated upon the public highways. (13) "Park" means any area under the ownership of Jefferson County, state of Washington, and managed by the Parks & Recreation Division of the Jefferson County Department of Public Works. (15) "Person" means any person, firm, partnership, corporation, club, and any association, or combination of persons acting for themselves or by an agent, servant, or employee. (16) "Public health department" means the Jefferson County Department of Public Health.(17) "Remotely controlled vehicle or vessel" means any land or water vehicle, boat or machine, no matter the size, that is operated remotely using radio signals or any other means. (18) "Service animal" means any animal that is trained for the purpose of assisting or accommodating a disabled person's sensory, mental or physical disability as specified by RCW 70.84.021. Emotional support animals, comfort animals, and therapy dogs are not service animals. A doctor's note is insufficient to characterize an animal as a "service animal." (19) "Trail" means any path or track designed for use of pedestrians, bicycles, or equestrians; or other right-of-way specifically designated and posted for non -vehicular use. (206) "Trailer" means a towed vehicle that contains sleeping or housekeeping accommodations. [Ord. 3-83 § 2] (21) "Unmanned Aircraft System" means any remotely controlled aircraft to include drones and radio controlled aircraft. 12.25.030 Scope. This chapter shall apply to all county park lands owned and managed by Jefferson County. [Ord. 3- 83 § 3] 12.25.40 Park use. It shall be unlawful for any person in Parks for outdoor recreational activities other than those uses which are posted in a conspicuous place in the Park by the Director. [Ord. 4-73 § 1] 12.25.050 Park hours and closures. (1) The Director may establish a reasonable schedule of visiting hours for a park or portions of a park area. The Director may close to public use any portion of a park area when necessary for the protection of that area or for the safety and welfare of persons or property. Notification identifying the extent and scope of such scheduling or closure shall be made by the posting of appropriate signs. (2) All persons shall observe and abide by any officially posted signs designating closed areas and visiting hours in parks. [Ord. 3-83 § 5] 1 12.25.060 Camping. (1) Camping shall only be permitted in parks designated by the Director. (2) Camping and the use of trailers or other camping units is permitted in parks only at designated locations. Within designated locations, the pitching of tents or parking of trailers or other camping units is permitted only at designated campsites. The number of vehicles occupying a single campsite at one time shall be limited to one car, one camper, or one vehicle with a trailer. (3) Temporary occupancy of the same campsite by the same person or persons shall be limited to ten days. [Ord. 4-73 § 8] Director (4) Permanent occupancy by the same person, group of persons, or organization of any park, portion of a park, or facilities within a park is prohibited, except by those county employees or caretakers authorized to set up residency within park boundaries by the Director. (5) For for the use of campsites are due in advance by initially occupying a campsite and thereafter are payable daily. The campsite fee covers exclusive temporary occupancy of the campsite until the vacating time of 3:00 p.m. the following day. (6) A campsite is considered occupied when it is being used for the purpose of camping by a person or persons who have paid the campsite fee within the applicable time limits. No persons shall take or attempt to take possession of a campsite when it is being occupied by another party or when informed by the caretaker that such a campsite is occupied or otherwise unavailable. (7) Occupants shall vacate campsites by removing their personal property therefrom prior to 3:00 p.m. if the applicable campsite fee has not been paid or if the time limit for occupancy of the campsite has expired. The occupants may, however, remain in other areas of the park for purposes other than camping until the normal closing time of the park. [Ord. 14-99 § 1; Ord. 3-93; Ord. 3-84; Ord. 3-83 § 41 1 12.25.080 Fishing. (1) All laws, rules and regulations of the Washington Department of Fish and Wildlife relating to season, limits, and methods of fishing are applicable to fishing for game fish in parks. (2) All laws, rules, and regulations of the Washington Department of Fish and Wildlife relating to season, limits, and methods of taking, are applicable to the taking of shellfish or food fish in parks. [Ord. 4-73 § 11] 12.25.100 Concessions and vending. The vending of various goods, services, products, or commodities, including mobile vending, is permitted on park lands with the prior written permission by the Director. The vending of any such goods, services, products, or commodities without written permission is prohibited. [Ord. 3-83 § 6] 12.25.110 Fire safety. (1) During periods when potential fire danger makes such action necessary, the Director may prohibit combustion of any kind on any park lands, including roads and trails, by the posting of appropriate signs. (2) The kindling of fires is expressly prohibited in all parks, unless authorized by subsection (3). [Ord. 3-83 § 7] (3) The kindling of any fire is permitted only in designated camping and picnic grounds and only if the fire is confined in a fireplace, or in grills or other specified locations or in stoves or lanterns using gasoline, propane, butane gas, or similar fuels. However, the Director may prohibit the kindling of fires in parks prevent the risk of fire. (4) When no longer needed, all fires in parks shall be completely extinguished. Leaving a fire unattended in a park is prohibited. (5) Throwing or dropping a lighted cigarette, cigar, match, or other burning material anywhere in a park is prohibited. 12.25.120 Sanitation required. (1) Compliance with the applicable provisions of Chapter 8.10 JCC (Solid Waste Regulations) in parks is required. If there are any inconsistencies between this chapter and Chapter 8.10 JCC, then the most stringent provision shall control. (2) Sanitary facilities shall be constructed and maintained in a sanitary manner acceptable to the public health department. Where deemed necessary, an approved method of sink and shower waste disposal shall be provided. (3) No person shall leave, deposit, drop or scatter bottles, broken glass, ashes, waste paper, cans, or other rubbish in a park, except in a garbage can or other receptacle designated for such purposes. (4) No person shall deposit any household or commercial garbage, refuse, waste, or rubbish, which is brought as such from any private property, in any park garbage can or other receptacle designated for such purpose. (5) No person shall drain or dump refuse or waste from any trailer, camper, automobile, or other vehicle in a park, except in designated disposal areas or receptacles, if provided. (6) No person shall clean fish or other food, or wash any clothing or other articles for personal or household use, or any dog or other animal, or clean or wash any automobile or other vehicle in a park. [Ord. 4-73 § 4] 12.25.130 Water contamination. Polluting or contaminating in any manner any watershed, water supplies, or water used for drinking purposes is prohibited. [Ord. 3-83 § 8(4)] 12.25.10 Illegal deposit of bodily waste. Depositing any bodily waste in or on any portion of any public toilet or other public structure, except into fixtures provided for such purposes, is prohibited. Placing garbage, rubbish, or foreign materials in any of the plumbing fixtures of public toilets is prohibited. [Ord. 3-83 § 8(5)] 12.25.150 Noise. (1) Compliance with the applicable provisions of Chapter 8.70 JCC (Noise Control) in parks is required. If there are any inconsistencies between this chapter and Chapter 8.70 JCC (Noise Control), then the most stringent provision shall control. (2) Persons using parks shall not create public nuisance noises. 12.25.160 Public address systems. The operation or use of a public address system is prohibited, except when such a system is authorized by the Director. [Ord. 3-83 § 9(2)] 12.25.170 Firearms and Bows and Arrow. (1) Parks are no shooting areas in accordance with RCW 9.41.300(2)(a) and Article I of Chapter 8.50 JCC, because in parks "there is a reasonable likelihood that humans, domestic animals, or property may be jeopardized." (2) No person shall discharge, set off, or cause to be discharged, in or into any park area, any firearm or bow and arrow, except for the lawful use of a firearm by a law enforcement officer in the performance of their duties or the lawful use of force by citizens. (3) Nothing shall abridge the right of the individual guaranteed by Article I, Section 24 of the State Constitution to bear arms in defense of self or others. [Ord. 4-20 § 1 (Appx. A); Ord. 2-17; Ord. 2-07 § 3] 1 12.25.180 Fireworks prohibited. (1) The use or possession of fireworks, as defined in RCW 70.77.126, is prohibited by the general public. (2) Any public display of fireworks open to the general public, with or without charge, shall meet the requirements of the State Fireworks Law pursuant to Chapter 70.77 RCW. [Ord. 13-95; Ord. 3-83 § 9(4), (5)] (3) No person shall discharge, set off, or cause to be discharged, in or into any park, firecrackers, torpedoes, rockets, fireworks, explosives, or substance harmful to the life or safety of persons, property, or wildlife. [Ord. 4-73 § 10]. 1 12.25.190 Animals. (1) Compliance with the applicable provisions of Chapter 6.07 JCC (Animal Control) in parks is required. If there are any inconsistencies between this chapter and Chapter 6.07 JCC, then the most stringent provision shall control. (2) Domestic animals and horses may be allowed in parks by the Director. No animals besides domestic or service animals or horses/ponies are allowed to be brought into the parks. (3) All domestic or service animals must be kept on a leash of eight feet or less in length, and under control of the owner or owner's designee at all times while in a park. (4) Domestic animals are not permitted on any designated swimming beach in any park; provided, that this subsection shall not apply to service animals actively working.. (5) No person shall allow their domestic or service animal to bite or in any way molest or annoy other park visitors. No person shall permit their domestic or service animal to bark or otherwise disturb the peace and tranquility of the park. [Ord. 4-73 § 51 (6) The owner of a domestic animal is directly responsible for the behavior of the animal and shall not allow the animal to create a nuisance to other park users or deface park lands. (7) Animal owners must pick up solid bodily waste from their animal and dispose of it in garbage receptacles provided in the park or take it with them when they leave the park. 1 12.25.200 Horseback riding. (1) Horses shall not be permitted in any designated swimming area, campground, picnic area, or any other area so designated or posted in a park. (2) No person shall ride any horse or pony in such a manner in a park that might endanger life or limb of any person or animal, and no person shall allow horse or pony to stand unattended or insecurely tied in a park. [Ord. 4-73 § 6] 1 12.25.210 Motor vehicles. (1) No person shall drive a motor vehicle within any park at a speed greater than is reasonable and prudent, having due regard for the traffic on, and the surface and width of the road, and in no event at a speed which endangers the safety of persons, property, or wildlife; provided, however, that in no event shall a vehicle be driven at a speed greater than 15 miles per hour in camp, picnic utility, or headquarters area, or in areas of general public assemblage; and provided further that in no event shall a vehicle be driven at a speed greater than 25 miles per hour in any other area. (2) No person shall operate a motor vehicle within the boundaries of a park except on roads, streets, highways, parking lots, or parking areas; except motor vehicles conducting park maintenance operations (3) No person shall operate any motor vehicle on a trail in any park, unless the trail has been specifically designated and posted for such use. [Ord. 4-73 § 7]; except emergency vehicles or motor vehicles conducting trail maintenance operations. 12.25.220 Unmanned Aircraft Systems (UAS) and remotely - controlled vehicles. (1) No person shall operate or control the movement of a UAS, remotely -controlled vehicle or vessel from within any park without a special use permit issued by the Director notwithstanding certain exceptions defined by policy (2) Special use permits will only be issued to local, state, or federal government agencies for purposes of scientific research, engineering, or search and rescue operations. Operations will follow all applicable laws. (3) A UAS or remotely -controlled vehicle or vessel special use permit shall not be issued in a way to imply endorsement of Jefferson County, nor shall owners or operators of a UAS or remotely- controlled vehicle or vessel or their end users of the content of material's produced by the UAS flight or remotely -controlled vehicle or vessel other operation imply any endorsement of Jefferson County. 1 12.25.230 Metal Detecting. (1) The use of metal detectors is permitted on County park lands only as specified below. Such use is subject to the following limitations: 1. Any person desiring to use a metal detector on specified County park lands shall apply for a metal detecting permit (b) The issuance of a metal detecting permit is conditioned upon the applicant agreement to comply with the rules and regulations of this section and accepting all responsibilities set forth therein. (c) Upon a determination by the Director, or his designated appointee, that a metal detecting permit holder has violated any rule or regulation of this section, such permit will be revoked and they will lose the privilege to obtain a permit in the future. 2. Specified County park lands in which metal detecting may be permitted consist of the following: 1. Cape George Trailhead Park (40 acres) 2. Gibbs Lake County Park (700 acres) 3. Chimacum Park (12 acres) 4. Lake Leland and Quilcene Campgrounds only when the campsite is unoccupied 5. Other areas as per Director's policy (2) Metal detecting rules and regulations 1. Parks that permit metal detecting will have metal detecting information posted at the park; if no information is posted, the park does not permit this activity. 2. Users will not destroy or damage park facilities or natural features. 3. Any find that appears to have cultural, historical or archaeological significance may not be removed from where it was found. Report all findings immediately to Jefferson County Parks and Recreation and do not further disturb the area. 4. Properly dispose of all found or recovered litter. 5. Group -detecting events require a Jefferson County special events permit. 6. Metal detecting in camping areas open to metal detecting, is permitted only in unoccupied campsites. Use of metal detectors in occupied campsites is prohibited. 7. The only digging tools allowed to be used in metal detecting are a blunted ice pick, a screwdriver no more than 6" long, or a blunted awl. 1 12.25.240 Religious services or group rallies. Religious services or group rallies may be permitted in parks where facilities are adequate, and where such activities will not conflict in any way with normal park usage. To avoid conflict, permission for such activities must be obtained in advance from the Director. Facility rental fees may apply. Permission for the use of loudspeakers by groups must be obtained in advance from the Director. [Ord. 4-73 § 12] 1 12.25.250 Preservation of public property. (1) The possession, destruction, injury, defacement, removal, or disturbance in any manner of any building, sign, equipment, monument, statue, marker, or other structure, or any other public property of any kind, is prohibited. (2) Entering, climbing upon, or tampering with county -owned motor vehicles and motorized or power equipment, except by authorized county employees, is prohibited. [Ord. 3-83 § 11] 12.25.260 Trespass from a park to private property is prohibited. Trespass from a park onto private property, including beaches and tidelands, is prohibited. [Ord. 3- 83 § 12] 12.25.270 Other prohibited conduct at parks. (1) Boisterous or noisome activities between the hours of 10:00 p.m. and sunrise are prohibited. (2) Vulgar language or conduct designed to harass or annoy other person is prohibited. (3) Defacing park property is prohibited. [Ord. 4-73 § 13] 1 12.25.280 Enforcement. (1) The enforcement provisions codified in Title 19 JCC, Code Compliance, as currently enacted or as hereafter amended, shall apply to any alleged or found violation of this chapter. (2) Compliance with the terms and conditions of this chapter shall constitute minimum health, sanitation and safety provisions. Any person who shall violate or fail to comply with any provision of this ordinance shall be deemed guilty of a misdemeanor. [Ord. 4-73 § 14] See Part V of the fee schedules in the Appendix to this code for camping fees