[1]
Code reviser's note: Ord. 850 repealed prior Chapter 12.04, Construction Standards, which derived from Ords. 351, 496 and 689. For design and construction standards for streets, see the public works standards adopted in Chapter 19.01 NBMC.
This chapter is declared to be an exercise of the police power of the city for the protection of the public peace, health, safety and welfare and its provisions are to be liberally construed. Parks and park facilities are established by law for public recreation purposes. The primary purposes of such parks and facilities are for the accommodation of the public as a whole and secondarily for the activities of community groups or other groups consistent with the use of such facilities by the public as a whole.
(Ord. 1720 § 4 (part), 2020)
The terms herein used, unless clearly contrary to or inconsistent with the context in which used, shall be construed as follows:
A. 
"Bicycle,"
as provided in RCW 46.04.071 as now in effect or as may subsequently be amended, means every device propelled solely by human power, or an electric-assisted bicycle, upon which a person or persons may ride, having two tandem wheels either of which is 16 inches or more in diameter, or three wheels, any one of which is more than 20 inches in diameter.
B. 
"Director"
means the director of public works for the city of North Bend, or his or her designee.
C. 
"Electric-assisted bicycle,"
as provided in RCW 46.04.169 as now in effect or as may subsequently be amended, means a bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor. The electric-assisted bicycle's electric motor must have a power output of no more than 750 watts. The electric-assisted bicycle must meet the requirements of one of the following classifications:
1. 
"Class 1 electric-assisted bicycle"
means an electric-assisted bicycle in which the motor provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour;
2. 
"Class 2 electric-assisted bicycle"
means an electric-assisted bicycle in which the motor may be used exclusively to propel the bicycle and is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour; or
3. 
"Class 3 electric-assisted bicycle"
means an electric-assisted bicycle in which the motor provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour and is equipped with a speedometer.
D. 
"Electric foot scooter/electric skateboard"
means a device with a floorboard that can be stood upon while riding, and is powered by an electric motor that has a maximum speed of no greater than 20 miles per hour on level ground.
E. 
"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, gas-powered bicycles, gas-powered motorized foot scooters or skateboards, quads or similar type of recreational off-road vehicles and snowmobiles, whether or not they can be legally operated upon the public highways.
F. 
"Park"
means and includes all parks, improved parks, trails, natural areas, and recreational property of any nature owned or controlled by the city of North Bend. Categories of improved parks include community parks (generally 10 acres or larger), neighborhood parks (generally between two and 10 acres), and mini-parks (generally between one-quarter and one-half acre).
G. 
"Parks commission"
means the advisory parks, recreation and beautification commission to the city council as established and created by Chapter 2.24 NBMC.
H. 
"Park facilities"
means any play equipment, athletic fields, parking lots, picnic shelters, restrooms, performing arts facilities, public buildings, and all other improvements in a park, and includes trail sections located within a park.
I. 
"Person"
means all natural persons, firms, partnerships, corporations, clubs and all associations or combination of persons whenever acting for themselves or by an agent, servant, or employee.
J. 
"Trail"
means any path or track designed for use of pedestrians, bicycles, or equestrians, and specifically designated and posted for nonvehicular use.
(Ord. 1720 § 4 (part), 2020)
A. 
Alternative Park Regulations. Where another public park and recreation agency operates or manages a park owned in part by the city through agreement with the city, that agency after first obtaining the written consent of the city council shall have the authority to promulgate and post their own park regulations within such park, which may differ from the regulations provided within this chapter.
B. 
Additional Park Regulations. The city or other public park and recreation agency operating or managing a park owned in part by the city through agreement with the city shall have the authority to post additional regulations applicable to specific park features within city parks, such as at a BMX park, skate park, climbing wall, sports courts, et cetera.
(Ord. 1720 § 4 (part), 2020)
A. 
Hours Designated. All North Bend city parks and open spaces, including the vehicle parking areas, shall be closed to the general public from the onset of dusk every evening and continuing until dawn the following day, unless otherwise posted at the park with specific hours of operation.
B. 
Entry Prohibited When. It is unlawful for any person, other than an on-duty police officer or authorized city employee, to enter into or remain within any North Bend city park during the hours when the park is closed, as set forth in subsection A of this section.
C. 
Sign Posting. The public works supervisor is instructed to place signs at the main entrances to all North Bend city parks advising the public of the restricted park hours.
D. 
Exceptions. Nothing in this chapter shall be construed to prevent the mayor or city administrator from issuing a special events permit or other written approval authorizing access to a city park at times other than those set forth in this chapter. Nothing in this chapter shall require the mayor or city administrator to issue any such special events permit or other written approval.
(Ord. 1720 § 4 (part), 2020)
A. 
Subject to subsection B of this section, the director is hereby authorized to promulgate written policies and procedures for use of city parks and park facilities, including by way of example picnic shelters, athletic facilities, and concert venues for use by community groups, athletic teams and private parties. The director is further authorized to promulgate forms for park use or rental agreements for such purposes, subject to approval by the city attorney. Such policies and procedures and forms shall require indemnity of the city and liability insurance with limits determined by the director to be sufficient to protect the city based on the nature of the intended park use or rental.
B. 
The following activities within parks shall not be subject to approval by the director but shall require a special event permit pursuant to Chapter 5.20 NBMC or other appropriate approval:
1. 
Any event at which alcoholic beverages will be served;
2. 
Any event at which an admission charge will be imposed;
3. 
Any event at which food or beverages will be sold for consumption in the park; provided, that an approved park rental agreement may allow use of established concession stands;
4. 
Any event at which food products, arts and crafts, souvenirs or merchandise of any kind will be sold;
5. 
Any event at which fireworks will be discharged;
6. 
Any event at which sounds of any origin will exceed 50 dB at any park property boundary after 10:00 p.m.;
7. 
Any event which is proposed to last more than one day, or proposed as a series of events;
8. 
Any event where expected attendance is of 50 or more people; and
9. 
Any event which would include set-up of significant furnishings, including chairs, tables, tents, bouncy houses, or similar equipment or furnishings, and which is intended for a private group of individuals, excluding other members of the public from use of the same general area during the event.
C. 
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 the mayor finds that such event would promote some other public purpose, such as promoting tourism or cultural values.
(Ord. 1720 § 4 (part), 2020)
A. 
It is unlawful for any person to permit any dog or pet owned by him/her or under his/her charge or control to run at large in any park, except in a designated off-leash area, or as may be otherwise permitted under a special event permit addressing containment of the animals. All dogs or other pets shall otherwise be kept on a leash no longer than eight feet.
B. 
It shall be the responsibility of the owner or person having charge or control of any dog or other pet to maintain it under control at all times so as not to pose an unreasonable danger to other people or animals. No person shall allow his/her dog or other pet to bite or in any way endanger or annoy other park visitors. No person shall permit his/her dog or other pet to bark frequently or continuously or otherwise disturb the peace and tranquility of the park.
C. 
All persons bringing dogs or other pets into a park or trail shall carry appropriate equipment for removing feces, and shall collect and dispose of any feces deposited by such dog or other pet in an appropriate receptacle. It shall be unlawful for any person to fail to so collect and dispose of any feces deposited by a dog or other pet owned by him/her or under his/her charge or control.
(Ord. 1720 § 4 (part), 2020)
A. 
No operator of any motor vehicle as defined in this chapter, or any boat, trailer, recreational vehicle or camper, shall park such vehicle, boat, trailer, recreational vehicle or camper in any park, except in a designated parking area, or for the purpose of delivery or pickup of equipment or supplies in connection with an approved event, or as may be otherwise specifically authorized in a special event permit or park use or rental agreement.
B. 
The city may post signs authorizing or restricting parking within parks and/or along public rights-of-way fronting to parks under hours that may differ from those identified for park closing hours within this chapter, or parking within rights-of-way under Chapter 10.06 NBMC.
C. 
No person shall park, leave standing, or abandon a vehicle, boat, trailer, recreational vehicle or camper in any park after the posted closing time or posted parking time, except when attending an event authorized by a special event permit or park use or rental agreement authorizing use after the posted closing time. Any such vehicle found parked in violation of this section may be towed away and impounded at the owner's or operator's expense.
(Ord. 1720 § 4 (part), 2020)
No person shall operate any motor vehicle on a trail in any city park area unless such trail has been specifically designated and posted for such use. Subject to the provisions of this section, no person shall operate a motor vehicle within the boundaries of a city park area except on roads, streets, highways, parking lots, or parking areas; provided, that traveling upon such roads, streets, highways, parking lots, or parking areas has not been prohibited by proper posting.
(Ord. 1720 § 4 (part), 2020)
No person shall cause noise from a radio, portable audio equipment, or automobile sound system within any city park that can be heard from 75 feet away, except as may be authorized for special events through an approved special events permit.
(Ord. 1720 § 4 (part), 2020)
No person shall use a public park or other public property in a manner which would create an unreasonable safety hazard, cause damage to the property, or exclude other members of the public from using the same general area, except as may be authorized via special event permit and the terms and conditions thereof which are designed to ensure public safety and address potential impacts to the park.
(Ord. 1720 § 4 (part), 2020)
It shall be unlawful to camp, as defined and regulated under Chapter 9.60 NBMC, in any public park, trail, or open space except as may be allowed pursuant to an approved special event permit or otherwise pursuant to law.
(Ord. 1720 § 4 (part), 2020)
It is unlawful for any person to set or maintain any fire in a park, except in designated facilities or self-contained stoves or barbecues.
(Ord. 1720 § 4 (part), 2020)
No person shall possess, discharge, set off, or cause to be discharged in any park any fireworks as defined in Chapter 8.20 NBMC, or explosives; provided, the mayor may authorize the discharge of fireworks by a licensed pyrotechnician for a city-sponsored event or in an approved special event permit.
(Ord. 1720 § 4 (part), 2020)
The opening and/or consumption of alcoholic beverages in a city park area is prohibited, except beer and/or wine may be allowed to be served as part of an organized event pursuant to an approved special events permit issued pursuant to Chapter 5.20 NBMC. Such special events permit must be approved by the director of public safety, and shall include conditions authorizing such alcoholic beverages to be served only by a responsible business or organization within an enclosed area, subject to such additional conditions as may be prescribed by the director of public safety. The special events permit shall further include a condition requiring compliance with all regulations of the Washington State Liquor and Cannabis Board. Violation of this section shall be a misdemeanor.
(Ord. 1720 § 4 (part), 2020)
No person shall discharge a firearm, bow and arrow, 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, in any park, except in such area and under such circumstances as the city council may by resolution designate and cause to be posted in such area. This prohibition shall not apply to law enforcement or animal control officers responding in their official roles.
(Ord. 1720 § 4 (part), 2020)
Helmets are required by any individual riding a bicycle, skateboard, or electric foot scooter/electric skateboard within city parks and on city trails.
(Ord. 1720 § 4 (part), 2020)
A. 
No person shall travel on a trail at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with others who are complying with the law and using reasonable care. Travel at speeds in excess of 15 miles per hour shall constitute an evidentiary presumption that the person violated this section.
B. 
No person shall travel on a trail in a negligent manner. For the purposes of this section "travel on a trail in a negligent manner" shall be construed to mean any form of travel on a trail in such a manner as to endanger or be likely to endanger any persons or property.
C. 
For the purposes of this section "travel" shall be construed to include all forms of movement or transportation on a trail, including but not limited to foot, bicycle, horse, skateboard, and roller skates.
D. 
Every person traveling on a trail shall obey the instructions of any official traffic control device applicable thereto placed in accordance with applicable laws unless otherwise directed by a police officer.
E. 
Except as exempted herein, no motorized vehicles shall be allowed on city of North Bend trails, or any other areas within parks that are off streets, parking lots or drive aisles otherwise intended for motorized vehicles. For the purposes of this section "motorized vehicles" means any form of transportation powered by an internal combustion or electric motor. This includes but is not limited to automobiles, golf carts, mopeds, motor scooters, and motorcycles, but does not include wheelchairs powered by electric motors, electric foot scooters/electric skateboards, or class 1 or class 2 electric-assisted bicycles. This section shall not apply to authorized maintenance, police or emergency vehicles.
F. 
Trails are open to all nonmotorized users unless otherwise designated and posted. Of note, the Snoqualmie Valley Trail is owned and operated by King County although a portion exists within the city, with rules for use designated and posted by King County accordingly. Trail restrictions may be posted at park entrances, trailheads or, in some cases, on individual trails.
G. 
Every person who shall use or travel on a trail shall adhere to the following standards of conduct:
1. 
Using a Trail. Every person using a trail shall stay as near to the right side of the trail as is safe, excepting those movements necessary to prepare to make or make turning movements, or while overtaking and passing another user moving in the same direction.
2. 
Regard for Other Trail Users. Every user shall exercise due care and caution to avoid colliding with any other trail user. All users shall travel in a consistent and predictable manner.
3. 
Groups on Trail. No group of trail users, including their animal(s), shall occupy more than one-half of the trail as measured from the right side, so as to impede the normal and reasonable movement of trail users.
4. 
Audible Signal When Passing. Every user shall give an audible warning signal before passing another trail user. The signal must be produced in such a manner as to allow adequate time for response. The signal may be given by voice, bell or horn.
5. 
Overtaking Trail Users on the Left. Any trail user overtaking another trail user proceeding in the same direction shall pass to the left of such overtaken user at a safe distance, and shall stay to the left until safely clear of the overtaken user.
6. 
Entering and Crossing Trail. Trail users entering or crossing the trail at uncontrolled points shall yield to traffic on the trail.
7. 
Lights on Trail Users. All bicyclists using the trail from one-half hour before sunset to one-half hour before sunrise shall equip their bicycles with a headlight visible 500 feet to the front, and a red or amber light visible 500 feet to the rear.
8. 
Regard for Equestrian Users on Trail. Trail users shall exercise extreme caution to prevent frightening horses with sudden noise or movement and shall always yield right-of-way to horses and warn equestrian users when approaching from behind and attempting to pass.
9. 
Regard for Adjacent Property Owners. Trail users should respect private lands adjacent to city trails and shall stay on trails to avoid trespassing on or interfering with adjacent private property.
(Ord. 1720 § 4 (part), 2020)
Every person who willfully violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall, upon conviction, be punished accordingly. In addition every person failing to comply with any provision of this chapter shall be subject to immediate ejection from the city park area.
(Ord. 1720 § 4 (part), 2020)
A. 
This code shall be administered by the director.
B. 
In addition to any authority conferred on the director by any other section, the director shall have the following additional authority:
1. 
To issue written policies that clarify or interpret the application of this chapter in particular circumstances;
2. 
To promulgate written policies and procedures to regulate the use of parks and trails, including restrictions on the use of particular areas, restricted hours or use of particular park facilities, and standards of conduct within parks and trails that are not inconsistent with the provisions of this chapter;
3. 
To cause signage to be posted indicating allowable and prohibited uses of particular areas, and restrictions on use, and required standards of conduct; and
4. 
To close areas in parks as may be appropriate for maintenance, rehabilitation of damaged areas, or other purposes.
(Ord. 1720 § 4 (part), 2020)