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Port Angeles City Zoning Code

Title 12

PUBLIC PLACES

CHAPTER 12.04 - PARKS AND RECREATION[1]


Footnotes:
--- (1) ---

Editor's note— Ord. 3565 § 1, adopted Nov. 15, 2016, amended Ch. 12.04 in its entirety to read as herein set out, with the exception of § 12.04.020 which remained as codified. Former Ch. 12.04, §§ 12.04.010 and 12.04.030—12.04.220, pertained to similar subject matter and derived from: Ord. 1859, adopted July 10, 1975; Ord. 2032, adopted July 2, 1979; Ord. 2132, adopted Mar. 16, 1981; Ord. 2135, adopted Apr. 19, 1981; Ord. 2146, adopted Aug. 3, 1981; Ord. 2897, adopted Nov. 17, 1995; Ord. 2932, adopted Oct. 11, 1996; Ord. 2986, adopted Mar. 27, 1998; and Ord. 3291, adopted Aug. 31, 2007.

Editor's note— Ord. 3719 § 1, adopted Sept. 5, 2023, amended the title of Ch. 12.04 to read as herein set out. The former Ch. 12.04 was entitled "Parks."


CHAPTER 12.12 - WATERFRONT PARKS REGULATIONS[2]


Footnotes:
--- (2) ---

Editor's note— Ord. 3565 § 4, adopted Nov. 15, 2016, changed the title of Ch. 12.12 from "City Pier and Waterfront Park Regulations" to "Waterfront Parks Regulations" as herein set out.


12.04.010 - Definitions.

As used in this chapter:

A.

"City", unless specified otherwise, means the City of Port Angeles.

B.

"Director" means the Parks and Recreation 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 Parks and Recreation park and/or facility.

D.

"Recreation and park facilities" include, but are not limited to the following: 9/11 Memorial Waterfront Park, "A" Street View Point, "C" Street View Point, 5 th and Oak Park, Charles R. Willson Park, City Pier, Civic Field, Conrad Dyar Memorial Fountain, Crown Park, Elks Playfield, Erickson Playfield, the Esplanade, Gateway, Harborview Park, Hazel Porter Kiel Park, Haynes View Point, James View Point, Jessie T. Webster Park, Lincoln Park, Lions Park, Quinn Redlin Kintner Memorial Park, Rains Park, Sail and Paddle Park, Shane Park, Valley Creek Estuary Park, Veterans Memorial Park, Webster's Woods, West End Park, Wolverton Park, and all areas leased, rented, loaned, or otherwise under temporary control of the Parks and Recreation Department.

E.

"Camping" is the act of lodging somewhere temporarily in a vehicle, tent, structure, or other outdoor space.

F.

"Resident" shall include City of Port Angeles residents, businesses, and organizations that have their principal place of business or operations within the City.

G.

"Non-resident" shall mean all businesses and organizations that are not a resident.

(Ord. 3594 § 3, 11/21/2017; Ord. 3565 § 1, 11/15/2016)

12.04.015 - Fees.

A.

Fees for recreation and City facility rentals are set forth in a resolution authorized by Chapter 1.25 PAMC. When the following terms are used in the Master Fee Schedule, Appendix A, the definitions below apply:

1.

"Category I" means any City-sponsored, co-sponsored, or City-supported activity. A City-supported activity is one that the City either plans, conducts, controls, or in which the City actively participates.

2.

"Category II" means any non-profit group or organization or community function, except political or religious organizations.

3.

"Category III" means all activities that are not Category I or Category II.

4.

"Resident" means persons whose primary residence is in the City, and businesses and organizations that have their principal place of business or operations within the City.

5.

"Non-resident" means all persons, businesses, and organizations that are not a resident.

B.

The City Manager is authorized to establish fees for Parks and Recreation special events and activities not otherwise included pursuant to Chapter 1.25 PAMC.

(Ord. 3719 § 1, 9/5/2023)

Cross reference— Fees, Appendix A.

12.04.020 - Hours of operation.

A.

Except as otherwise provided in this section, all parks shall be open from 5:00 a.m. to 11:00 p.m. every day of the year, unless the Director declares a different time of closing, which time shall be conspicuously posted adjacent to entrances to the closed areas.

B.

Athletic events requiring illumination shall be concluded by 11:00 p.m., except for unusual and unforeseen emergencies, as determined by the Director or his representative.

(Ord. 2169 § 16, 10/4/1981; Ord. 2146 § 2, 8/3/1981; Ord. 2086 § 1, 6/30/1980; Ord. 1859 § 2(a), 7/10/1975)

12.04.030 - Closed areas.

Any section or portion of any park may be declared closed by the Director at any time, either temporarily or at regularly stated intervals, except for the Erickson Playfield Skate Park. This park can only be closed by the City Manager or his/her designee with a recommendation from the Director. If a section of a park will remain closed for more than a month or have its use changed permanently, the Director shall consult with the Parks, Recreation and Beautification Commission.

(Ord. 3565 § 1, 11/15/2016)

12.04.040 - Permits for special events or areas.

Permits for special events in a recreation and park facility or for the use of specific areas in such a facility by individuals or groups may be issued by the Director upon written application and approval of the City Manager. Any individual or group receiving the permit shall be subject to all applicable park regulations and City ordinances in the use of City facilities. The permit shall state that the City shall be held harmless for any loss, damage or injuries sustained by any person or property resulting from the exercise of the permission granted by the permit. The Director, or his representative, shall revoke any permit where a City ordinance is being violated or use is not in accordance with that for which the permit was granted.

(Ord. 3565 § 1, 11/15/2016)

12.04.050 - Regulation of organized activities.

The Director shall promulgate regulations for the conduct of organized activities in City parks and attendant facilities in accordance with the provisions of this chapter, other applicable City ordinances, and such policies as may be established from time to time by the Parks, Recreation and Beautification Commission. The promulgation of these regulations and subsequent revisions shall be for the purpose of achieving the following ideals:

A.

Insuring the safety, comfort, and convenience of the public;

B.

Securing maximum use of the facilities within the carrying capacity of the facility;

C.

Insuring that activities within an area are in accordance with the theme or purpose for which a particular area or park was developed;

D.

Insuring that organized activities do not fully utilize all available space; that some area is reserved for family or individual activities.

In the event of a conflict of schedules, City resident groups shall have preference over non-City resident groups.

(Ord. 3565 § 1, 11/15/2016)

12.04.060 - Regulation of individual or family activities generally.

The Director shall promulgate regulations for the conduct of individual activities in City parks and attendant facilities in accordance with the provisions of this chapter, other applicable City ordinances, and such policies as may be established from time to time by the Parks, Recreation and Beautification Commission.

(Ord. 3565 § 1, 11/15/2016)

12.04.070 - Game playing.

If using tennis courts or similar facilities, individuals are expected to observe and obey the common courtesy rules for use of that facility. Games using dangerous objects shall only be conducted in areas set aside for that purpose. Dangerous objects shall include, but not be limited to, hardballs, stones, arrows, paintballs, javelins, and golf balls.

(Ord. 3565 § 1, 11/15/2016)

12.04.080 - Camping on City-owned property.

It shall be unlawful for any person to camp in any City park, City facility, or City-owned property without prior authorization from the Director.

(Ord. 3565 § 1, 11/15/2016)

12.04.090 - Animals in parks.

Dogs or other household pets may be exercised in City parks providing they are on a leash or carried by the person owning or having custody of the animal. The persons owning or having custody shall be responsible for any mess created or caused by their animal.

(Ord. 3565 § 1, 11/15/2016)

12.04.100 - Prohibited activities.

Activities not permitted in parks and City-owned facilities/properties shall include, but not be limited to, the following:

A.

Possessing and/or consuming intoxicating drugs or narcotics;

B.

Possessing and/or consuming intoxicating alcohol without an alcohol use permit;

C.

Interfering with any individual or group engaged in any lawful use of park facilities;

D.

Walking, riding or exercising horses;

E.

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 without a permit. This provision does not apply to regularly licensed concessionaires acting by and under the direction of the Parks and Recreation Department. The Director may also give permission for such activities on a temporary basis providing there is no conflict with the regularly constituted concessionaire;

F.

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;

G.

Soliciting, interfering with, or accosting other people for selling, begging, immoral acts or other similar purposes is not permitted in any park or attendant facility;

H.

Willfully 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;

I.

Abandoning or leaving property and leave property unattended. Unattended property that interferes with public safety, orderly management of the park or facility/property, or presents a threat to City property may be impounded by designated City employees.

(Ord. 3565 § 1, 11/15/2016)

12.04.110 - Fishing in Lincoln Park Pond.

Only persons who are 14 years old and younger are permitted to fish in the ponds at Lincoln Park. No permit is required. Anyone aged 15 and older is prohibited from fishing at the Lincoln Park ponds.

(Ord. 3565 § 1, 11/15/2016)

12.04.115 - Skate park at Erickson Playfield.

The Port Angeles Skate Park is a multi-use built recreational environment made only for the use of the following non-motorized wheeled devices: skate boards, bicycle motocross or BMX bikes, inline/roller skates and scooters.

(Ord. 3594 § 3, 11/21/2017)

12.04.120 - Regulations obedience required.

All regulations promulgated by the Director under the authority of this chapter shall be obeyed by all persons and groups using the recreation and park facilities of the City. The Director shall have the authority to regulate activities in any area when necessary to prevent congestion and to secure maximum use of the parks for the comfort and convenience of the public. All persons using the parks and facilities of the City shall comply with any directions of the Director in the use thereof. Failure on the part of any person or group to abide by the regulations promulgated by the Director or to follow his directions in the use of the parks shall be grounds for removal of the violator or violators from the park in which the violation occurs.

(Ord. 3565 § 1, 11/15/2016)

12.04.130 - Violation—Penalty.

Any person violating any provision of this chapter is guilty of a misdemeanor and may be punished by a fine of up to $500.00 and imprisonment for up to 30 days, or both, for a first offense; and, for a second offense, a fine may be imposed of up to $1,000.00 and imprisonment for up to 90 days, or both; and for a third or subsequent offense, a fine may be imposed of up to $5,000.00 and imprisonment for up to 364 days, or both.

(Ord. 3565 § 1, 11/15/2016)

12.04.140 - Metal detecting—Coin recovery.

A.

Permit required.

1.

Any person desiring to use a metal detector within City parks for the purpose of coin recovery shall apply to the City Parks and Recreation Department for a permit for such activity.

2.

An annual fee set forth in a resolution authorized by Chapter 1.25 PAMC (see Appendix A) will be charged for a coin recovery permit.

3.

This permit is personal and nontransferable, and shall be carried upon the person at all times when coin recovery activity is occurring within City parks.

4.

The issuance of a permit will be conditioned upon an agreement by the applicant to comply with all rules and regulations contained in section 12.04.140.

5.

Issuance of a permit will also be conditioned upon agreement by the applicant to reimburse the City for any damage done to park property, including, but not limited to, buildings, water lines, utility lines, or grounds, caused by any activity undertaken pursuant to the issued permit.

6.

Upon determination by the Parks and Recreation Director, or his designee, that a permit holder has violated any of the terms of subsection B, such permit shall be revoked. Notice of such revocation shall be given either personally or by certified mail to the permittee at the address given on the application for the permit.

7.

No person who has had a permit revoked shall be eligible to receive a permit at any time subsequent to revocation.

B.

Where allowed. Those parks in which coin recovery is allowed are as follows: Lincoln, Shane, Lions, Webster, Erickson, Elks, Crown, Wolverton, Charles R. Willson, 5 th and Oak, Quinn Redlin Kintner, and Hazel Porter Kiel.

C.

Where not allowed. Those parks, or areas of parks, in which coin recovery is not allowed are as follows: Civic Field, West End Park, Veteran's Memorial, Lincoln Park ballfield area, Shane Park ballfield area, Elks Playfield ballfield area, James Viewpoint, City Pier, 9/11 Memorial Waterfront, Haynes Viewpoint, Sail and Paddle, Harborview, and Estuary.

No metal detectors may be used for coin recovery within 300 feet of any building located within a park.

D.

Permitted tools and methods.

1.

Only blunted ice picks, long shank screwdrivers not over ten inches in length, blunted awls, or a knife not over six inches in length may be used to retrieve coins.

2.

The recovery of coins shall be achieved through penetration of the soil with a permitted tool. The opening for extraction of the coin shall not be larger than two inches in diameter.

E.

Recovering metal other than coins. All metal recovered while searching for coins shall be picked up by the permittee, and deposited in the proper refuse containers.

F.

Recovering non-coin valuables. Any jewelry or articles other than coins that have some value shall be delivered by the permittee to the Port Angeles Police Department. These materials shall be handled as lost property according to City, County and State laws.

(Ord. 3719 § 1, 9/5/2023; Ord. 3594 § 3, 11/21/2017; Ord. 3565 § 1, 11/15/2016)

12.04.150 - 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.

(Ord. 3565 § 1, 11/15/2016)

12.08.010 - Applicability.

This chapter shall apply to the use of the Vern Burton Memorial Community Center, located at 308 East 4th Street in the City, and to the use of the Port Angeles Senior and Community Center, located at 328 East 7th Street in the City, and to any use of the surrounding grounds whenever said use is in conjunction with the use of either building as governed by this chapter. These community centers are provided by the City for social, educational, and recreational activities, which require a structure with the size and characteristics of the Vern Burton Memorial Community Center or the Port Angeles Senior and Community Center.

(Ord. 3565 § 2, 11/15/2016; Ord. 2842 § 1 (part), 10/14/1994; Ord. 2770 § 1, 7/30/1993; Ord. 2398 § 1, 7/9/1986)

12.08.020 - Permitted activities.

Subject to the provisions of all other sections of this chapter, the following activities are permitted in the Vern Burton Memorial Community Center and the Port Angeles Senior and Community Center:

A.

Social functions, including banquets;

B.

Exhibitions, including, but not limited to, boat, auto, or other product displays;

C.

Conventions, conference and other business gatherings;

D.

Concerts;

E.

Civic events;

F.

Professional and/or semi-professional events;

G.

Recreational;

H.

Educational; and

I.

Senior services.

(Ord. 3565 § 2, 11/15/2016; Ord. 2841 § 1 (part), 10/14/1994; Ord. 2398 § 1, 7/9/1986)

12.08.030 - Use regulations.

The following regulations shall apply to the use of the Vern Burton Memorial Community Center and the Port Angeles Senior and Community Center:

A.

The hours of operations shall be from 5:00 a.m. to 2:00 a.m.

B.

The sale or use of liquor, including beer and wine, shall be permitted at activities allowed in the Vern Burton Memorial Community Center and the Port Angeles Senior and Community Center, provided that the applicant for the permit to use the facility shall furnish proof that all permits required by the Washington State Liquor Control Board have been obtained and that the provisions outlined in PAMC 12.08.050.A.—F. have been complied with.

C.

All applicable Federal, State and local laws, codes and regulations shall be complied with.

D.

The Parks and Recreation Director shall recommend such other regulations as are necessary for use of the facility, which regulations shall be adopted by the City Council.

E.

The above use regulations may be modified only by special permission of the City Manager with the right of appeal to the City Council.

(Ord. 3565 § 2, 11/15/2016; Ord. 2841 § 1 (part), 10/14/1994; Ord. 2770 § 1, 7/30/1993; Ord. 2398 § 1, 7/9/1986)

12.08.040 - Permit—Applications.

A.

An applicant for a permit to use the facility shall file an application with the Parks and Recreation Director or his designee at least 15 days prior to the date sought for use of the facility, or at least 30 days prior to the date sought for the use of the facility if special arrangements such as floor covering, seating, or other such arrangements are required, unless the Director waives such notice requirements in circumstances that he deems appropriate, and shall provide the following information:

1.

Sponsor of the activity;

2.

Nature of the event;

3.

Date of the event;

4.

Expected attendance;

5.

All other such information as may be required by the Parks and Recreation Director.

B.

The Parks and Recreation Director or his designee shall review the application for sufficiency and consistency with the terms and conditions of this chapter, the rules adopted pursuant to the authority of this chapter, and all other applicable Federal, State, and City laws, codes and regulations.

C.

The Director shall determine whether a permit for the activity requested shall be issued. In appropriate circumstances, the Director may issue a permit for an activity that varies from the terms and conditions of this chapter, provided that the public health, public safety, public property and public peace are adequately protected. The Director may place such terms and conditions on the permit as he deems necessary and appropriate for the proper administration and enforcement of this chapter.

D.

The decision of the Director may be appealed to the Parks, Recreation and Beautification Commission, by filing an appeal with the Director within ten days of his decision.

(Ord. 3565 § 2, 11/15/2016; Ord. 2770 § 1, 7/30/1993; Ord. 2398 § 1, 7/9/1986)

12.08.050 - Permit—Issuance prerequisites.

A.

After approval of the permit application, and before issuance of the permit, the applicant shall deposit with the City a cash deposit or a surety bond, an amount calculated to pay costs or charges for cleanup and/or damage, but in no event to exceed $1,000.00. This bond or deposit shall be used to pay costs or charges incurred to repair damages to the City facility, or to clean up the facility after its use if the same is not done by the applicant within a reasonable time, as determined by the Parks and Recreation Director. This bond or other deposit, or a portion thereof, shall be returned to the applicant when the City is satisfied that any damages incurred during the use of the facility by the applicant have been repaired and that the facility has been cleaned to the same condition as when delivered to the applicant. This bond or other deposit may be used by the City for repair or clean up if such is not done by the applicant. The requirement for deposit or bond may be waived if the applicant is a non-profit, governmental, or regulatory agency in the discretion of the Parks and Recreation Director.

B.

After approval of a permit application, and before issuance of the permit, the applicant for any use that is either sponsored by a corporate entity or is a special event with significant potential liability exposure as determined by the City shall furnish to the City evidence of liability coverage in an amount and form satisfactory to the Risk Manager, naming the City as an additional insured.

C.

As deemed necessary and appropriate, the Parks and Recreation Director may require that the applicant execute a hold harmless in favor of the City for any and all claims arising out of the permitted use, except for claims caused by the sole negligence of the City.

D.

Prior to the event, the applicant must meet with a representative of the Parks and Recreation Department for a thorough review of the facilities, available equipment, security procedures, and the issuance of keys.

E.

The Parks and Recreation Director may place other conditions and requirements upon the use of the Vern Burton Memorial Community Center or the Port Angeles Senior and Community Center as are deemed necessary and appropriate to assure the safety and security of the public and the facility.

F.

After approval of the permit application, and before issuance of the permit, the applicant shall present written confirmation of conformance with any other condition or requirement placed upon the proposed activity.

(Ord. 3565 § 2, 11/15/2016; Ord. 2841 § 1 (part), 10/14/1994; Ord. 2770 § 1, 7/30/1993; Ord. 2405 § 1, 7/16/1986; Ord. 2398 § 1, 7/9/1986)

12.08.060 - Fees.

Fees for the use of the Vern Burton Memorial Community Center and the Port Angeles Senior and Community Center are set forth in a resolution authorized by Chapter 1.25 PAMC. When the following terms are used in the Master Fee Schedule, Appendix A, the definitions below apply:

A.

"Category I" means any City-sponsored, co-sponsored, or City-supported activity. A City-supported activity is one that the City either plans, conducts, controls, or in which the City actively participates.

B.

"Category II" means any non-profit group or organization or community function, except political or religious organizations.

C.

"Category III" means all activities that are not Category I or Category II.

D.

"Resident" means persons whose primary residence is in the City, and businesses and organizations that have their principal place of business or operations within the City.

E.

"Non-resident" means all persons, businesses, and organizations that are not a resident.

(Ord. 3719 § 1, 9/5/2023; Ord. 3565 § 2, 11/15/2016; Ord. 2841 § 1 (part), 10/14/1994; Ord. 2789 § 8, 1/1/1994; Ord. 2398 § 1, 7/9/1986)

Cross reference— Fees, Appendix A.

12.08.070 - Permit—Revocation.

Any permit issued pursuant to the terms of this chapter may be revoked in accordance with the provisions of Chapter 5.04.

(Ord. 3565 § 2, 11/15/2016; Ord. 2398 § 1, 7/9/1986)

12.08.080 - Permit—Assignment.

No permit issued pursuant to this chapter may be assigned.

(Ord. 2398 § 1, 7/9/1986)

12.08.090 - Right of inspection.

The Parks and Recreation Director, his designee, or any peace officer of the State shall have the right to enter and inspect any activity at the Vern Burton Memorial Community Center and the Port Angeles Senior and Community Center at any time.

(Ord. 3565 § 2, 11/15/2016; Ord. 2841 § 1 (part), 10/14/1994; Ord. 2398 § 1, 7/9/1986)

12.08.100 - Temporary alterations.

Any applicant for a permit may make application for, and may receive approval for, temporary alterations to the Vern Burton Memorial Community Center and the Port Angeles Senior and Community Center; provided that all such alterations shall be immediately removed from the structure at the conclusion of the activity, and the structure shall be returned to the condition existing before the alteration.

(Ord. 3565 § 2, 11/15/2016; Ord. 2398 § 1, 7/9/1986)

12.08.110 - Prohibited activities.

It is unlawful for any user or other person to commit any of the following offenses on the premises of, or in connection with the use of the Vern Burton Memorial Community Center and the Port Angeles Senior and Community Center:

A.

Interference with any individual or group engaged in lawful use of the Vern Burton Memorial Community Center and the Port Angeles Senior and Community Center;

B.

Soliciting, interfering with, accosting other people for selling, begging, immoral acts, or other similar purposes is not permitted in any park or attendant facility;

C.

Willfully marking, marring, defacing, disfiguring, injuring, tampering with or displacing, removing, burning, cutting, carving, digging up, or damaging any City 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.

(Ord. 3565 § 2, 11/15/2016; Ord. 2841 § 1 (part), 10/14/1994; Ord. 2770 § 1, 7/30/1993; Ord. 2398 § 1, 7/9/1986)

12.08.115 - Scheduling of permitted activities.

Scheduling is done on a first-come, first served basis. A damage deposit is required to hold the facility for the requested dates and times.

(Ord. 3565 § 2, 11/15/2016; Ord. 2841 § 1 (part), 10/14/1994; Ord. 2805 § 1, 4/29/1994)

12.10.010 - Purpose.

The purpose of this chapter is to provide a procedure for responding to requests by various agencies for use of the City Hall Council Chambers and lobby area.

(Ord. 2769 § 1, 7/30/1993)

12.10.020 - Applicability.

This chapter shall apply to the use of the City Hall Council Chambers and lobby area located at 321 East 5th Street in the City of Port Angeles and to any use of the surrounding grounds whenever said use is in conjunction with the use of the building as governed by this chapter.

(Ord. 2769 § 1, 7/30/1993)

12.10.030 - Permitted activities.

Subject to the pro-visions of all other sections of this chapter, the following activities are permitted in the City Hall Council Chambers and lobby area:

A.

Conference and other business meetings;

B.

Civic events;

C.

Receptions;

D.

Educational presentations; and

E.

Governmental and regulatory agency meetings and hearings.

(Ord. 2769 § 1, 7/30/1993)

12.10.040 - Use regulations.

The following regulations shall apply to the use of the City Hall Council Chambers and lobby area:

A.

The hours of operation shall be from 7:00 a.m. to 11:00 p.m., unless by special permission of the Parks and Recreation Director;

B.

The sale or use of liquor, including beer and/or wine, shall not be permitted;

C.

All applicable federal, state and local laws, codes and regulations shall be complied with;

D.

Permit applicants shall be responsible for the following:

1.

Preventing damage to the building or its contents,

2.

Preventing access to any other parts of the City Hall/Vern Burton Memorial Community Center complex,

3.

Cleaning the used areas before leaving,

4.

Locking the building upon leaving, and

5.

Reporting any damage that needs repair so that it may be repaired by City personnel. The cost of repair shall be paid by user, which costs shall be deducted from the damage deposit.

E.

The Parks and Recreation Director may recommend such other regulations as are necessary for use of the facility, which regulations may be adopted by the City Council by resolution.

(Ord. 3565 § 3, 11/15/2016; Ord. 2769 § 1, 7/30/1993)

12.10.050 - Permit application.

A.

An applicant for a permit to use the facility shall file an application with the Parks and Recreation Director or his designee at least seven days prior to the date sought for use of the facility, or at least 30 days prior to the date sought for use of the facility if special arrangements such as floor covering, seating, food or beverage service, or other such arrangements are required, unless the Director waives such notice requirements in circumstances that he deems appropriate. The application shall provide the following information:

1.

Sponsor of the activity;

2.

Nature of the event;

3.

Date and hours of the event;

4.

Expected attendance; and

5.

All other such information as may be required by the Parks and Recreation Director.

B.

The Parks and Recreation Director or his designee shall determine whether a permit for the activity requested shall be issued. In appropriate circumstances, the Director may place such terms and conditions on the permit as he deems necessary and appropriate for the proper administration and enforcement of this chapter.

(Ord. 3565 § 3, 11/15/2016; Ord. 2769 § 1, 7/30/1993)

12.10.060 - Permit issuance prerequisites.

A.

After approval of the permit application, and before issuance of the permit, the applicant shall deposit with the City a cash deposit or surety bond, in an amount calculated to pay costs or charges for cleanup and/or damage, but in no event to exceed $1,000.00. This bond or deposit shall be used to pay costs or charges incurred to repair damages to the City facility, or to clean up the facility after its use if the same is not done by the applicant within a reasonable time, as determined by the Parks and Recreation Director. This bond or other deposit, or a portion thereof, shall be returned to the applicant when the City is satisfied that any damages incurred during the use of the facility by the applicant have been repaired and that the facility has been cleaned to the same condition as when delivered to the applicant. This bond or other deposit may be used by the City for repair or clean-up if such is not done by the applicant. The requirement for deposit or bond may be waived if the applicant is a non-profit, governmental or regulatory agency, in the discretion of the Parks and Recreation Director.

B.

After approval of a permit application, and before issuance of the permit, the applicant for any use that is either sponsored by a corporate entity or is a special event with significant potential liability exposure as determined by the City shall furnish to the City proof of liability coverage in an amount and form satisfactory to the Risk Manager, naming the City as an additional insured.

C.

As deemed necessary and appropriate, the Parks and Recreation Director may require that the applicant execute a hold harmless in favor of the City for any and all claims arising out of the permitted use, except for claims caused by the sole negligence of the City.

D.

Prior to the event, the applicant must meet with a representative of the Parks and Recreation Department for a thorough review of the facilities, available equipment, security procedures, and the issuance of keys.

E.

The Parks and Recreation Director may place other conditions and requirements upon the use of City Hall as deemed necessary and appropriate to assure the safety and security of the public and the facility.

F.

After approval of the permit application, and before issuance of the permit, the applicant shall present written confirmation of conformance with any other condition or requirement placed upon the proposed activity.

(Ord. 3565 § 3, 11/15/2016; Ord. 2769 § 1, 7/30/1993)

12.10.070 - Fees.

Fees for the use of the City Hall Council Chambers and lobby area are set forth in a resolution authorized by Chapter 1.25 PAMC. When the following terms are used in the Master Fee Schedule, Appendix A, the definitions below apply:

A.

"Category I" means any City-sponsored, co-sponsored, or City-supported activity. A City-supported activity is one that the City either plans, conducts, controls, or in which the City actively participates.

B.

"Category II" means any non-profit group or organization or community function, except political or religious organizations.

C.

"Category III" means all activities that are not Category I or Category II.

D.

"Resident" means persons whose primary residence is in the City, and businesses and organizations that have their principal place of business or operations within the City.

E.

"Non-resident" means all persons, businesses, and organizations that are not a resident.

(Ord. 3719 § 1, 9/5/2023; Ord. 3565 § 3, 11/15/2016; Ord. 2932 § 29, 10/11/1996; Ord. 2769 § 1, 7/30/1993)

12.10.080 - Permit revocation.

Any permit issued pursuant to the terms of this chapter may be revoked in accordance with the provisions of PAMC 5.04.150 through 5.04.220.

(Ord. 2769 § 1, 7/30/1993)

12.10.090 - Permit assignment.

No permit issued pursuant to this chapter may be assigned.

(Ord. 2769 § 1, 7/30/1993)

12.10.100 - Right of inspection.

The Parks and Recreation Director, his designee, or any peace officer of the State shall have the right to enter and inspect the activity at any time.

(Ord. 3565 § 3, 11/15/2016; Ord. 2769 § 1, 7/30/1993)

12.10.110 - Prohibited activities.

It is unlawful for any user or other person to commit any of the following offenses on the premises of, or in connection with the use of the City Hall:

A.

Interference with any individual or group in lawful use of the City Hall;

B.

Soliciting, interfering with, or accosting other people for selling, begging, immoral acts or other similar purposes;

C.

Willfully marking, marring, defacing, disfiguring, injuring, tampering with, or damaging any City property.

(Ord. 3565 § 3, 11/15/2016; Ord. 2769 § 1, 7/30/1993)

12.12.010 - Applicability and purpose of provisions.

These facilities are provided by the City for the use of the citizens of Port Angeles for social, passive recreational, educational, and cultural activities. Only those activities which are consistent with the provision of the facility for these purposes should be allowed at the City Pier and Waterfront Park areas.

This chapter shall apply to the use of the following Waterfront Park locations:

A.

City Pier - 315 N. Lincoln Street, including Hollywood Beach.

B.

West End Park - 239 W. Front Street.

C.

Esplanade - 101 W. Railroad Street.

D.

Valley Creek Estuary - 313 Marine Drive.

(Ord. 3594 § 4, 11/21/2017; Ord. 3565 § 4, 11/15/2016; Ord. 2169 § 1, 10/4/1981)

12.12.020 - Permitted activities.

A.

The following activities are permitted at waterfront parks if they are sponsored, operated and/or promoted by a civic, charitable, or nonprofit organization or corporation:

1.

Boat races;

2.

Fishing derbies;

3.

Music concerts and performances;

4.

Rallies;

5.

Art shows;

6.

Car and boat shows;

7.

Dances;

8.

Scuba and skin diving meets;

9.

Holiday celebrations and events;

10.

Church, civic and service group activities;

11.

Drama events.

B.

A permit shall be granted in accordance with the procedures of section 12.12.040 of this chapter.

C.

Recreational beach fires at Hollywood Beach, Sail and Paddle Park, and Harborview Park are allowed in the event that there are no county total burn bans in effect. Notification to the Fire Marshal and Parks and Recreation Director is required prior to the recreational beach fire. Recreational beach fires are allowed in designated areas provided the following are adhered to:

1.

The pile size shall not exceed three feet in diameter and two feet in height.

2.

The burn pile shall not be located within 25 feet of a structure or combustible materials unless contained in a barbecue pit.

3.

The fire shall be constantly attended by a person who has approved fire extinguishing equipment readily available. Approved fire extinguishing equipment includes buckets, shovels, garden hoses, or a fire extinguisher with a minimum 4-A rating.

(Ord. 3565 § 4, 11/15/2016; Ord. 2169 § 2, 10/4/1981)

12.12.030 - Conditionally permitted activities.

Any activity not permitted by section 12.12.020 may be permitted, on a conditional basis, if sponsored, operated and/or promoted by a civic, charitable, or nonprofit organization or corporation. A conditional use shall be granted in accordance with the procedures of section 12.12.040 of this chapter.

(Ord. 2169 § 3, 10/4/1981)

12.12.040 - Permit application and processing.

A.

An application for a permit shall be filed with the Parks and Recreation Director at least 30 days prior to the date sought for the use of the facility. The application shall provide the following information:

1.

Sponsor of the activity, sponsor's local address;

2.

Proof that the sponsor is an organization eligible to receive a permit;

3.

The nature of the event and its estimated length;

4.

The date of the event;

5.

The expected attendance;

6.

Any other information required by the Director.

B.

If the activity for which a permit is sought is one of those permitted by section 12.12.020, the Parks and Recreation Director is satisfied the applicant is eligible to receive a permit, and the activity will comply with all of the other terms and conditions of this chapter, the Director may issue the permit.

C.

If the activity for which a permit is sought is not one of those permitted under section 12.12.020 and the Parks and Recreation Director is satisfied the applicant is eligible to receive a permit, the Director shall refer the application to the Parks, Recreation and Beautification Commission.

D.

The Parks, Recreation and Beautification Commission shall review the request, and shall determine whether the activity is one which is consistent with the purpose of this chapter, and shall make a recommendation upon whether to issue such permit to the City Council. A representative of the Commission, preferably the Chair or Co-Chair, will present to the Council their recommendation at the subsequent City Council meeting.

E.

The City Council shall review the recommendation of the Parks, Recreation and Beautification Commission upon the same criteria used by the Commission. The City Council shall determine, by motion, whether a permit shall be issued.

F.

The permit shall be acted upon by the City within 20 days of the date of application.

(Ord. 3565 § 4, 11/15/2016; Ord. 2169 § 4, 10/4/1981)

12.12.050 - Damage deposit, insurance, and fire and police certifications.

After the approval of a permit application, and before issuance of the permits, the applicant shall:

A.

Deposit with the City a cash deposit or surety bond, in an amount determined by the Parks and Recreation Director, but no more than $500.00, depending upon the event size and the applicant's ability to pay, to be used to pay costs and charges for cleanup or for repair of damages incurred by the City as a result of the event.

The deposit or any portion thereof unused shall be returned to the applicant when the City is satisfied that the facility has been returned to the same condition as it was in prior to the commencement of the activity.

B.

Provide evidence that the applicant has in full force and effect, general liability insurance policy in an amount of not less than $2,000,000.00 bodily injury per person and $1,000,000.00 property damage, for any personal injury or property damage arising out of, or in any way caused by, the applicant's use of the facility. The City may require an event to purchase a higher limit of insurance, depending on the risk factor of the events.

C.

Execute an agreement to save and hold the City of Port Angeles harmless from, and defend the City against any and all claims and actions for personal injury or property damage arising out of, or in any way caused by the applicant's use of the facility.

D.

Provide, when requested by the Parks and Recreation Director, a written confirmation from the Chief of Police and the Fire Chief of the City that the applicant has agreed to or otherwise contracted for all necessary crowd, traffic, assembly, and other requirements of the Police and Fire Departments.

(Ord. 3565 § 4, 11/15/2016; Ord. 2169 § 5, 10/4/1981)

12.12.060 - Revocation of permit.

Any permit issued pursuant to the terms of this chapter may be revoked in accordance with the provisions of sections 5.04.150 through 5.04.220 of this Code.

(Ord. 2169 § 6, 10/4/1981)

12.12.070 - No assignment of permits.

No permit issued pursuant to this chapter may be assigned.

(Ord. 2169 § 7, 10/4/1981)

12.12.080 - Right of inspection.

The Parks and Recreation Director, his designee, or any peace officer shall have the right to inspect any activity at the waterfront parks.

(Ord. 3565 § 4, 11/15/2016; Ord. 2169 § 8, 10/4/1981)

12.12.090 - Temporary alterations to facilities.

The applicant for a permit may make application for, and may upon approval of the application, make temporary alterations to waterfront parks. All such alterations shall be immediately removed at the conclusion of the activity, and the structure shall be returned to the condition existing before the alterations.

(Ord. 3565 § 4, 11/15/2016; Ord. 2169 § 9, 10/4/1981)

12.12.100 - Hours of operation.

The waterfront parks shall be open for foot traffic 24 hours daily; provided, however, that the City Pier parking lot and restrooms shall be closed at dusk and shall be opened at 8:00 a.m., unless the Parks and Recreation Director, at his discretion, schedules an earlier opening, particularly in the summer months.

(Ord. 3565 § 4, 11/15/2016; Ord. 2314 § 1, 10/17/1984; Ord. 2169 § 11, 10/4/1981)

12.12.110 - Regulation of City Pier boat moorage.

A.

Transient moorage facilities:

1.

The transient moorage facilities at the City Pier is limited to use by recreational boats only. All operators of vessels mooring overnight are required to self-register and pay a moorage fee as set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix A.

2.

No boat shall moor at the City Pier for a period of longer than ten consecutive days.

B.

North Pier moorage area:

1.

Commercial ships, boats and vessels, cruise ships or recreational craft over 30 feet in length, may be permitted to moor on the north side of the permanent City Pier dock. Moorage fees are set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix A.

2.

No boat shall moor at the City Pier for a period of longer than ten consecutive days.

(Ord. 3719 § 1, 9/5/2023; Ord. 3565 § 4, 11/15/2016; Ord. 2932 § 30 (part), 10/11/1996; Ord. 2826 § 1, 7/15/1994; Ord. 2209 § 1, 5/3/1982; Ord. 2169 § 12, 10/4/1981)

12.12.120 - Prohibited activities.

It is unlawful for any person to commit the following offenses on the premises or in connection with the use of the waterfront parks; provided that subsections D and E of this section shall not apply to concessionaires acting by and under a written agreement approved by the Parks and Recreation Director:

A.

Possessing and/or consuming intoxicating drugs or narcotics;

B.

Possessing and/or consuming intoxicating alcohol without an alcohol use permit;

C.

Interference with any individual or group engaged in the lawful use of the facilities;

D.

Exposing or offering for sale any articles, things, or stationing in a stand any articles or objects for transportation, sale or display without a permit;

E.

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 waterfront parks;

F.

Soliciting, interfering with, accosting other people for selling, begging, immoral acts, or any other similar purposes;

G.

Willful marking, marring, defacing, disfiguring, injuring, tampering with, or displacing, moving, burning, cutting, carving, digging up, or damaging any portion of the waterfront parks;

H.

The use of amplified-sound facilities in a manner which disturbs surrounding business areas.

(Ord. 3565 § 4, 11/15/2016; Ord. 2986 § 2, 3/27/1998; Ord. 2916 § 1, 5/31/1996; Ord. 2897 § 3, 11/17/1995; Ord. 2169 § 10, 10/4/1981)

Editor's note— Former § 12.12.120 entitled "Regulation of permanent moorage at the City Pier and Waterfront Park", was deleted by Ord. 3565, which derived from: Ord. 2169, adopted Oct. 4, 1981; and Ord. 2932, adopted Oct. 11, 1996 and existing §§ 12.12.130 and 12.12.140 have been renumbered accordingly.

12.12.130 - Concessions.

The Parks and Recreation Director shall have the authority to enter into written agreements with concessionaires for profit-making activities that are consistent with the purpose of the waterfront parks as set forth in PAMC 12.12.010.

(Ord. 3565 § 4, 11/15/2016; Ord. 2916 § 2, 5/31/1996)