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HomeMy WebLinkAbout051721_ra03 Department of Public Works O Regular 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 Engineer ,L Agenda Date: May 17, 2021 at 11:30am Subject: Public Hearing for Parks Ordinance Update Statement of Issue: A public hearing for the parks ordinance update was scheduled for May 17, 2021 at 11:30 and should be placed on the agenda. Analysis/Strategic Goals/Pro's Et Con's: The parks ordinance update has several improvements including: (1) dogs are required to be on a leash in parks, (2) drones and RC models are not allowed in parks notwithstanding some exceptions, (3) limited metal detecting is allowed in certain parks, (4) the ordinance aligns with the new animal control ordinance, (5) two existing park codes are consolidated into one, (6) the definition of service animals is updated. Fiscal Impact/Cost Benefit Analysis: Staff hours to hold the hearing and respond to public comments. Recommendation: Place the public hearing on the agenda. Department Contact: Matt Tyler, 385-9129 Reviewed By: 7 t (;/ /7- ? �r�-te,t, yy L my Administrator; Dat 1 COUNTY OF JEFFERSON STATE OF WASHINGTON An Ordinance Repealing and Replacing Chapter 8.25 of the Jefferson County Code Amending Chapter 12.25 of the Jefferson County Code } } ORDINANCE NO. ________________ 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. 2 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) 3 ADOPTED this _____ day of _________________________ 2021, at ___: ___ a.m. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS SEAL: ______________________________ Kate Dean, Chair ______________________________ Greg Brotherton, Member ATTEST: ______________________________ Heidi Eisenhour, Member APPROVED AS TO FORM: ______________________________ ______________________________ Carolyn Gallaway, Date Philip C. Hunsucker, Date Clerk of the Board Chief Civil Deputy Prosecuting Attorney 1 COUNTY OF JEFFERSON STATE OF WASHINGTON An Ordinance Repealing and Replacing Chapter 8.25 of the Jefferson County Code Amending Chapter 12.25 of the Jefferson County Code } } ORDINANCE NO. ________________ 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. 2 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) 3 ADOPTED this _____ day of _________________________ 2021, at ___: ___ a.m. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS SEAL: ______________________________ Kate Dean, Chair ______________________________ Greg Brotherton, Member ATTEST: ______________________________ Heidi Eisenhour, Member APPROVED AS TO FORM: ______________________________ ______________________________ Carolyn Gallaway, Date Philip C. Hunsucker, Date Clerk of the Board 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 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. 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] 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] 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 § 4] 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] 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]. 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 § 5] (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. 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] 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. 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. 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] 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] 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