[1]
Prior ordinance history: Ord. 549.
The following terms, as used in this chapter, unless clearly contrary to or inconsistent with the context in which used, shall be construed as follows:
A. 
"Department"
means the city of Leavenworth, Washington.
B. 
"Director"
means the director of public works.
C. 
"Park"
means all properties owned by the city of Leavenworth and operated for park purposes.
(Ord. 912 § 1, 1992; Ord. 1353 § 1, 2009; Ord. 1529 § 1 (Exh. A), 2016)
It is unlawful to remove, destroy, mutilate, deface or in any way damage any park properties, plantings, equipment or facilities or to enter or break in any locked restroom facilities or other park buildings or structures.
(Ord. 912 § 1, 1992; Ord. 1353 § 1, 2009; Ord. 1529 § 1 (Exh. A), 2016)
It is unlawful for any person to allow or permit any animal to run at large in the park. It is the owner's responsibility to clean up fecal material from pets being walked in the park.
(Ord. 912 § 1, 1992; Ord. 1353 § 1, 2009; Ord. 1529 § 1 (Exh. A), 2016)
It is unlawful to shoot, fire or explode any firearm, fireworks or explosive of any kind or to shoot or fire any air gun, bows and arrows, BB gun or use any slingshot in the park, unless authorized by a special use permit issued by the city of Leavenworth.
(Ord. 912 § 1, 1992; Ord. 1353 § 1, 2009; Ord. 1430 § 2, 2012; Ord. 1529 § 1 (Exh. A), 2016)
Fishing shall be permitted in the park, subject to appropriate regulations. It is unlawful to clean fish within the park, or to deposit fish entrails on park grounds or into park trash containers.
(Ord. 912 § 1, 1992; Ord. 1353 § 1, 2009; Ord. 1529 § 1 (Exh. A), 2016)
It is unlawful in any manner to tease, annoy, disturb, molest, catch, injure or kill or to throw any stone or missile of any kind at or strike with any stick or weapon any animal, bird or fowl in the park.
(Ord. 912 § 1, 1992; Ord. 1353 § 1, 2009; Ord. 1529 § 1 (Exh. A), 2016)
A. 
It is unlawful, without first obtaining the written consent of the director in each case, to do or permit to be done any of the following acts or things in the park:
1. 
To use, place or erect a signboard, sign, billboard, bulletin board, post, pole, or device of any kind for advertising in the park or to attach any notice, handbill, poster, sign, wire, rod, or cord to any tree, shrub, railing, post, or structure within the park, or to place or erect in the park a related structure of any kind;
2. 
To take up collections, solicit, or use any loudspeaker in related activities;
3. 
To jump or dive off any bridge;
4. 
To sell refreshments or merchandise or carry on any other business activity except as expressly provided herein.
B. 
Front Street Park may be utilized for the following purposes upon obtaining a special use permit from the city:
1. 
Nonprofit Activities. Activities carried on by organizations operated exclusively for educational, cultural, or artistic purposes.
2. 
Bavarian Commercial Activities. Activities carried on by local merchants with existing business licenses in any commercial zone in the city. The activities must be exclusively Old World Bavarian commercial activities including but not limited to public markets, food stands, musical and dance performances, and similar activities. Such nonprofit and Bavarian commercial activities may, upon approval by the city, be permitted in Front Street Park. In issuing a special use permit, the city may require the applicant to comply with any conditions it deems necessary to mitigate impacts of the proposed action(s). At a minimum, the following conditions shall apply; however, the city retains the authority to modify and/or grant exceptions through the special use permit process for subsections (B)(2)(a) through (e) of this section:
a. 
No booth, tent, or awning area may cover more than a 10-foot-by-20-foot area.
b. 
Permittees using the park during the snow season will be responsible for snow removal on sidewalks and walkways in and adjacent to Front Street Park.
c. 
Propane tanks may only be utilized for heating and food preparation. In either case, the tank placement must be authorized by the fire district prior to installation.
d. 
Setting up of booths, tents, and other equipment shall not occur prior to 7:00 a.m. on the day of the event, and take-down of booths, tents, and other equipment shall be completed no later than 8:00 a.m. the day after the event is completed.
e. 
No event shall be allowed to operate past 9:00 p.m. on any day of the week.
f. 
Only special event signs which comply with Chapter 14.10 LMC are allowed.
g. 
No portable generators shall be allowed.
h. 
Front Street Park permit fees shall initially be $0.30 per square foot per day. This fee may be amended or modified by action of the Leavenworth city council.
i. 
The city shall not be held responsible for theft, vandalism, or acts of nature where any displays, booths, tents, or other display structures or any of the contents associated with the display area or the entire event are lost, stolen, or damaged.
j. 
Permittee shall sign a permit agreement with the city which shall include a hold-harmless and indemnity agreement in favor of the city. In addition, the permittee shall name the city as an additional insured on its liability insurance with minimum limits of no less than $1,000,000 per occurrence, and shall provide the city proof of insurance coverage prior to setting up for the event.
k. 
A special use permit may be issued for the sale and consumption of alcoholic beverages within Front Street Park if the sale and consumption is in conjunction with an Old World Bavarian traditional special event. Sale and consumption of alcohol is limited from 11:00 a.m. to 9:00 p.m. The temporary sale and consumption must comply with all Liquor and Cannabis Board requirements and the city may require additional security, insurance and protective measures based on the duration and size of the event.
C. 
The city shall have the authority to review and approve all applications by nonprofit and profit groups requesting permits to use Front Street Park. Any person aggrieved by the city's decision may file an appeal within 10 days after the final decision to the Leavenworth city council.
D. 
The requirements of LMC § 9.34.030, Loud or unusual noise prohibited when, are not applicable to city-approved use(s) of the parks system.
(Ord. 912 § 1, 1992; Ord. 1061 § 1, 1997; Ord. 1264 § 1, 2005; Ord. 1274 § 1, 2006; Ord. 1353 § 1, 2009; Ord. 1529 § 1 (Exh. A), 2016; Ord. 1661 § 1 (Att. A), 2022)
It is unlawful to operate and land any boat, float, raft or other watercraft within the limits of the park at any point upon the shores thereof bordering upon the park except at places set apart for such purposes by the department and so designated by signs.
(Ord. 912 § 1, 1992; Ord. 1353 § 1, 2009; Ord. 1529 § 1 (Exh. A), 2016)
The riding of nonmotorized bicycles is permitted on park roads, trails and paths, unless otherwise posted. Pedestrians have the right-of-way on trails and paths, and bicycles must be ridden at moderate speeds, so that pedestrians are not endangered.
(Ord. 912 § 1, 1992; Ord. 1353 § 1, 2009; Ord. 1529 § 1 (Exh. A), 2016)
It is unlawful to ride or drive any motorcycle, motor vehicle, horse or pony over or through the park or along or upon the park drives, parkways, park boulevards or paths, or to stand or park any such vehicles in the park, unless otherwise authorized by the director.
(Ord. 912 § 1, 1992; Ord. 1353 § 1, 2009; Ord. 1529 § 1 (Exh. A), 2016)
It is unlawful to camp in any city park. It is unlawful to remain, stay or loiter in Front Street Park between the hours of 12:00 midnight and 6:00 a.m. It is unlawful to remain, stay or loiter in any other city park between the hours of 10:00 p.m. and 6:00 a.m. Specific exemptions to these closing hours may be authorized by the director for city council approved activities.
(Ord. 912 § 1, 1992; Ord. 987 § 1, 1995; Ord. 1353 § 1, 2009; Ord. 1529 § 1 (Exh. A), 2016)
It is unlawful to throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk or advertising matter in the park or to deposit any such material therein, except in designated receptacles.
(Ord. 912 § 1, 1992; Ord. 1353 § 1, 2009; Ord. 1529 § 1 (Exh. A), 2016)
It is unlawful to bring into or consume in the park any alcoholic beverages except for the exemption identified in LMC § 12.24.070(B)(2)(k).
(Ord. 912 § 1, 1992; Ord. 1353 § 1, 2009; Ord. 1529 § 1 (Exh. A), 2016)
The director shall have the power to promulgate or adopt reasonable rules and regulations pertaining to the operation, management and use of the park and shall post the same in conspicuous places in the park, and it is unlawful to violate or fail to comply with any park rule or regulation duly adopted and posted by the department.
(Ord. 912 § 1, 1992; Ord. 1353 § 1, 2009; Ord. 1529 § 1 (Exh. A), 2016)
Anyone concerned in the violation of this chapter, whether directly committing the act constituting the offense, or who aids or abets the same, and whether present or absent, and anyone who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to commit such offense, is a principal under the terms of this chapter and shall be proceeded against and prosecuted as such.
(Ord. 912 § 1, 1992; Ord. 1353 § 1, 2009; Ord. 1529 § 1 (Exh. A), 2016)
A. 
Any person, firm or corporation who violates any of the following sections of this chapter shall be guilty of civil infraction and subject to a civil penalty as set forth in subsection (C) of this section:
1. 
LMC § 12.24.030, Permitting animal to run at large.
2. 
LMC § 12.24.050, Fishing in the park.
3. 
LMC § 12.24.070(A)(1) through (4); provided, however, that in the event any one person is guilty of three civil infractions in one calendar year under LMC § 12.24.070(A)(3) (to jump or dive off any bridge into the river) said person shall be prohibited from entering the waterfront park for a period of one year thereafter and any violation of that prohibition shall be punishable as criminal trespass in the second degree under RCW 9A.52.080.
4. 
LMC § 12.24.080, Watercraft – Use restricted.
5. 
LMC § 12.24.090, Riding bicycles permitted.
6. 
LMC § 12.24.100, Riding or driving vehicles prohibited.
7. 
LMC § 12.24.110, Camping prohibited – Closing hours.
8. 
LMC § 12.24.120, Littering prohibited.
9. 
LMC § 12.24.130, Building fires – Restrictions. Violation of this section shall be a civil infraction unless otherwise prohibited by applicable laws.
10. 
LMC § 12.24.140, Alcoholic beverages prohibited. Except as permitted by LMC § 12.24.070(B)(2)(k), possession of alcoholic beverages in the park by an adult is a civil infraction. Except as permitted by LMC § 12.24.070(B)(2)(k), consumption of alcoholic beverages in the park shall remain a misdemeanor punishable under subsection (B) of this section.
B. 
Any person, firm or corporation who violates any provisions of this chapter not identified as a civil infraction in subsection (A) of this section, or who counsels, aids or abets any such violation, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in a sum not exceeding $100.00 or by imprisonment in the county jail for a term not to exceed 30 days, or both such fine and imprisonment.
C. 
The civil penalty for violation of any provisions of this chapter identified as a civil infraction in subsection (A) of this section shall be $50.00 on the first offense, $100.00 on the second offense and $200.00 on the third offense. The city may collect the civil penalty, if not paid on demand, by commencing an action in the Chelan County district court or Chelan County superior court. In any such action the city shall be entitled to recover, in addition to the civil penalty, its costs and reasonable attorney fees.
D. 
In the event a minor is guilty of a civil infraction under subsection (A) of this section, the civil penalty may be assessed against and collected from the child's parent or parents.
E. 
It shall be a misdemeanor punishable under subsection (B) of this section for any person to fail to sign and accept a civil infraction notice or citation issued pursuant to this chapter.
(Ord. 912 § 1, 1992; Ord. 957 § 1, 1994; Ord. 1353 § 1, 2009; Ord. 1529 § 1 (Exh. A), 2016)