Except as otherwise posted, all parks within the city of Prosser, including vehicle parking areas within said parks, shall be closed to the general public between the hours of ten p.m. and five a.m. of the following day, and no person, other than a police officer of the city of Prosser, or an authorized employee of the city of Prosser shall be in any city park during these hours of closure. For the purposes of this section, the times referred to above shall be Pacific Daylight Time or Pacific Standard Time, whichever is in effect on the date in question. The city's public works director, or his or her designee, is authorized to modify the time a city park is open and closed to the public where the director determines it is appropriate for the public benefit.
(Ord. 2780 § 1, 2012; Ord. 3053 § 1, 2018)
The closing hour set forth in Section 21.01.010 may be extended for that period of time necessary to allow for the conclusion of special events for which a special event permit has been obtained from the city or extended to allow for the conclusion of events allowed by a facility lease agreement approved by the city.
(Ord. 2780 § 2, 2012; Ord. 3053 § 2, 2018)
The public works director is instructed to place signs at the main entrances to all Prosser city parks advising the public of the restricted park hours.
(Ord. 2780 § 3, 2012)
Violation of the provisions of this chapter shall be a Class 1 civil infraction to be issued in accordance with Chapter 1.40 with a penalty of two hundred fifty dollars plus state assessments. The city shall have no duty to obtain voluntary correction before issuing a civil infraction under this chapter. Each day during which a violation occurs or exists shall be deemed a separate civil infraction. The fourth violation of this chapter by the same person within any twelve-month period of time shall constitute a misdemeanor, punishable by a maximum fine of one thousand dollars and maximum confinement in jail for ninety days, or both such fine and confinement.
(Ord. 2780 § 4, 2012)
The provisions of this chapter are hereby declared to be severable. If any section, subsection, sentence, clause, or phrase of this chapter or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of this chapter shall not as a result of said section, subsection, sentence, clause, or phrase be held unconstitutional or invalid.
(Ord. 2780 § 5, 2012)
A. 
The mayor, or his or her designee, is hereby authorized to promulgate written policies and procedures for use of city facilities including, by way of example only, picnic shelters, athletic facilities, temporary use of streets, temporary use of parks, or the use of any other city-owned facility for use by community groups, athletic teams and private parties. The mayor is further authorized to promulgate forms for city facility use or lease agreements for such purposes, subject to approval by the city attorney. Such policies and procedures and forms shall require indemnity of the city and may require liability insurance with limits determined by the mayor to be sufficient to protect the city. The mayor is authorized to establish rules to determine when the city must require a certificate of liability insurance from applicants.
B. 
Private for-profit events that infringe on the primary purpose of city parks to provide recreation for the public as a whole should generally not be allowed unless city council finds that such event would promote some other public purpose, such as promoting tourism or cultural values.
C. 
The city council shall establish facility rental fees by passage of a separate resolution or ordinance. The mayor, or his or her designee, is authorized to establish policies and procedures for refunds of such fees up to the entire amount of the fee. If there is not a council-adopted fee for the use of a facility, then the city administrator under the direction of the mayor is authorized to enter into rental agreements for city facilities with an overall goal of recovering the city's direct cost for providing the facility.
D. 
This chapter shall not apply to persons who apply for and obtain a special event permit in accordance with Chapter 5.30.
(Ord. 2867 § 1, 2014; Ord. 3005 § 1, 2017; Ord. 3056 § 1, 2018; Ord. 3059 § 1, 2018)