HomeMy WebLinkAbout79-19 - Ord. Amending Ord. 91-06 Revising County Code Chapter 9.44 County Owned Real Property and Parks ORDINANCE NO. _1 1 '1
AN ORDINANCE AMENDING ORDINANCE 91-06, REVISING MASON COUNTY
CODE CHAPTER 9.44 - COUNTY OWNED REAL PROPERTY INCLUDING PARKS
AND PROPERTY HELD IN TRUST
WHEREAS, Mason County Board of County Commissioners adopted Ordinance 91-06
"County Parks and Fairgrounds", that set the rules and regulations for those properties. With the
termination of the Fairgrounds this ordinance needed to be revised to exclude the Fairgrounds
and to include Mason County owned real property and Mason County property held in trust; and
WHEREAS, Mason County Parks and Trails Division has withdrawn the "Fairgrounds"
references from Ordinance 9.44 and added Mason County owned real property and Mason
County property held in trust throughout all of the sections of Ordinance 9.44 ; and
WHEREAS, Additional stipulations have been added for the Park Host residing in the
parks to address alcohol and tobacco free zones: and
WHEREAS, Additional hours of operation provisions were added for the Mason
County owned real property and Mason County property held in trust; and
WHEREAS, a public hearing was held on August 20, 2019 to consider the code
amendments; and
NOW, THEREFORE, BE IT RESOLVED, the Board of Mason County Commissioners
hereby accepts the revisions to Mason County Code Chapter 9.44 and change the chapter
name to "County Owned Real Property Including Parks and Property Held in Trust" which reflect
the changes made, Attachment A.
ADOPTED THIS 2011 day of August, 2019.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
Kevin S utty Chair
M liss ewry, Cle of the Boardl
Randy Neatherlin, Commissioner
APPROVED AS TO FORM /
' Taron Tras , Commissioner
Timothy d;Chief DPA
Attachment A
Chapter 9.44-COUNTY OWNED REAL PROPERTY,INCLUDING PARKS AND PROPERTY HELD IN TRUST
Sections:
9.44.010-Speed of motor vehicles.
No person shall drive a motor vehicle within any county park,on owned real property,or property held in trust 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:
(1) Provided, however,that in no event shall a vehicle be driven at a speed greater than ten miles per
hour in a park,county owned real property or property held in trust,or areas of general public
assemblage, or in parking lots;
(2)And, provided further,that it shall be a misdemeanor to operate any motor vehicle in any planted
area.
(Ord.91-06 Att. B(part), 2006).
9.44.020-Parking of motor vehicles,trailers,etc.
(a) No operator of any automobile,trailer,camper or other vehicle,shall park such vehicle in any county
park, county owned real property,or property held in trust,except where the operator is using the area
for a designated recreational purpose and the vehicle is parked in a designated parking area, or in another
area with the permission of the manager or park supervisor.
(b) No person shall park, leave standing or abandon a vehicle in any county park, county owned real
property,or property held in trust overnight or in a "No Parking"zone,except with permission from a
County Manager/Director or Park supervisor.
(c)Any unauthorized vehicle found parked in violation of subsections(a)or(b)of this section may be
towed away at the owner's or operator's expense.
(Ord.91-06 Att. B(part), 2006).
9.44.030-Consumption of alcoholic beverages.
Opening, possessing alcoholic beverage in an open container, or consuming any alcoholic beverages in any county
park,on county owned real property,or property held in trust shall be prohibited except in the following
designated areas and under the following circumstances:
(1) In any buildings leased or rented or in a designated signed area,wherein the lessee has obtained and
displays the proper permits from the Washington State Liquor Control Board.
(2) Park Hosts are permitted to possess and consume alcoholic beverages inside their recreational vehicle
or residence.
(Ord.91-06 Att. B(part), 2006).
9.44.040-Intoxication in county parks,county owned real property or property held in trust.
Being or remaining in,or loitering about in any county park area,on any county owned real property, or property
held in trust while in a state of intoxication shall be prohibited.
(1) Park Hosts shall not be intoxicated while performing their Park Host duties.
(Ord.91-06 Att. B(part), 2006).
1 August 20, 2019
Attachment A
9.44.041-Tobacco Free zone in county parks, owned real property,or property held in trust.
All county property, including county parks,county owned real property or property held in trust, shall be
designated tobacco free areas.County property does not include:
(1) Private vehicles and residences unless otherwise required by individual or group contracts with the
county;
(2)County roads;
(3)Any person passing by or through county property while on a public sidewalk or public right-of-way
has not intentionally violated this chapter.
(4) Park Host owned recreational vehicle.
(Ord.91-06 Att. B(part), 2006).
9.44.042-No tobacco sales,advertising,sampling or sponsorship.
(a)The sale of tobacco products or tobacco related merchandise is prohibited on county-owned or leased
property or during county sponsored events.
(b)Advertising tobacco products is prohibited on county-owned or leased property or during county
sponsored events.
(c)Sampling(free distribution)of tobacco products or tobacco related merchandise is prohibited on
county-owned or leased property or during county sponsored events.
(d)Tobacco sponsorship(compensation or promotional items) is prohibited on county-owned or leased
property or during county sponsored events.
(Ord.91-06 Att. B(part), 2006).
9.44.050–Parks,county owned real property operation and property held in trust periods.
The county shall establish for each county park areas, according to existing conditions,times and periods
when it will be open (usually dawn)or closed (usually dusk)to the public.Such times and periods shall be
posted at the entrance to the area affected and at the facility office. No person shall enter or be present
in a county park area after closing time except with specific permission of the park manager, or a county
parks employee. County owned real property and property held in trust shall be closed before and after
normal business hours, on weekends and holiday while County operations are closed.
(Ord. 91-06 Att. B(part), 2006).
9.44.060-Fireworks—Restricted.
(a) No person shall possess, discharge,set off or cause to be discharged, in or into any county parks area,
county owned real property,or property held in trust, any firecrackers,torpedoes, rockets,fireworks,
explosives or substance harmful to the life or safety of persons or property.
(b) Provided, however,that fireworks may be permitted as a part of a professionally conducted display by
competent, licensed, bonded pyro technicians,subject to the approval of the local fire district and the
county fire marshal.
(Ord.91-06 Att. B(part), 2006).
2 August 20, 2019
Attachment A
9.44.070-Rubbish—Deposit in parks,county owned real property or property held in trust—Prohibited.
(a) No person shall leave,deposit, drop or scatter bottles, broken glass,ashes, waste paper,cans or other
rubbish,in a county park area, on county owned real property,or on property held in trust except in a
garbage can or other receptacle designed for such purpose.
(b) No person shall deposit any household or commercial garbage, refuse,waste or rubbish,which is
brought as such from any private property, in any county park area,county owned real property, or
property held in trust garbage can designed for such purpose.
(Ord.91-06 Att. B(part), 2006).
9.44.080-Sanitation.
No person shall, in any county park area,on county owned real property or property held in trust:
(1) Drain or dump refuse or waste from any trailer,camper, automobile or other vehicle,except in
designated disposal areas or receptacles;
(2)Clean fish or other food,or wash any clothing or other article for personal household use or any dog or
other animal, except at designated areas;
(3)Clean or wash any automobile or other vehicle;
(4) Pollute,or in any way contaminate by dumping or otherwise depositing therein any waste or refuse of
any nature, kind or description, including human or animal bodily waste,the soil, any stream, river, lake or
other body of water running in,or adjacent to,any county park area, county owned real property,or
property held in trust.
(Ord.91-06 Att. B(part), 2006).
9.44.090-Firearms and/or other weapons.
No person shall possess a firearm with a cartridge in any portion of the mechanism within any county park
area, on county owned real property or property held in trust, nor shall any person discharge or propel
across, in or into any county park area, county owned real property,or property held in trust,a firearm,
bow and arrow, spear,spear gun, harpoon or air or gas weapon, or any device capable of injuring or killing
any person or animal,or damaging or destroying any public or private property,except where the county
for good cause has authorized a special recreational activity upon finding that it is not inconsistent with
county parks, county owned real property, or property held in trust use.
(Ord.91-06 Att. B(part), 2006).
9.44.100-Dogs on leashes—Horses.
(a) No person shall bring a dog into any county park, county owned real property, or property held in
trust unless the dog is controlled by means of a hand-held leash no longer than six feet.The dog must not
be tied and abandoned, but must be at all times under the personal control of the person bringing it to
the county parks, county owned real property,or property held in trust. Provided, however,with the
exception of service animals(dogs)for the handicapped.
(b) Provided further, no person shall bring a horse into county park areas,county owned real property, or
property held in trust except those areas specifically developed and posted for horse use. Provided,
however,with the exception of service animals(miniature horse)for the handicapped.
(Ord.91-06 Att. B(part), 2006).
3 August 20, 2019
Attachment A
9.44.110-Violation—Penalties.
(a)All county employees shall be encouraged to help educate the public about the tobacco free zone
policies in this chapter by reminding violators not to use tobacco products on the property and by adding
the guidelines to all use agreements and event publications.Violators,who refuse to comply with the
tobacco free zone policies, may be asked to leave the county park, county owned real property, or
property held in trust area.
(b) In addition to the penalty provided in any other existing or future ordinance of the county,failure to
comply with this chapter,or any other rule or regulation of the county parks, county owned real
property, property held in trust or with any other federal,state,or local law, rule, regulation applicable
under the circumstances, shall subject the person so failing to comply to ejection from any county park
area, county owned real property, or property held in trust shall be guilty of a misdemeanor trespassing
in the second degree(RCW 9A.52.080).
(Ord. 91-06 Att. B(part), 2006).
4 August 20, 2019