SKOKOMISH
PUBLIC PARKS ORDINANCE
Adopted by
Resolution No. 05-69 (June 15, 2005)
TABLE OF
CONTENTS
RULES APPLYING
TO ALL PUBLIC PARKS
6.10.001 Rules Applying
to All Public Parks
6.10.010 Violation--Penalty
6.10.020 Power of
Enforcement
6.10.021 Notice of
Violation
6.10.022 Service of
Notice
6.10.023 Procedure
Rules
Applying to All Public Parks
6.10.001 Rules Applying to All Public Parks
The following rules shall apply and be enforced in
all public parks
(a)
No
alcoholic beverages shall be allowed.
(b)
There
shall be no loitering in or about the vicinity of bathhouses or restroom
facilities.
(c)
There
shall be no overnight camping.
(d)
No
fireworks shall be allowed except for licensed displays.
(e)
No
firearms, airguns or weapons shall be displayed or used, except when displayed
or used by duly authorized law enforcement officers in the performance of their
duties.
(f)
No
privately owned motor-powered vehicles shall be allowed in other than
designated parking or loading areas.
(g)
No
pets shall be allowed that are not under the restraint of a leash, tether or
chain, no longer than ten feet, or within 35 feet of its owner or keeper or a
competent person authorized its owner or keeper to the commands of whom it
promptly responds; no pets shall be allowed which are annoying bystanders or
other animals or causing physical damage.
(h)
No
fires shall be allowed in other than provided fire pits or approved outdoor
cooking equipment used in designated areas.
(i)
Park
sites shall be closed between 10:00 p.m. and 6:00 a.m., except for approved
activities pre-arranged with the Skokomish Department of Public Safety.
(j)
No
animals other than domesticated pets complying with subsection (g) of this
section shall be allowed.
(k)
All
dog feces shall be picked up by the dog’s owner or keeper and removed from the
public park and/or adjacent property.
(l)
No
loud music or vulgar language shall be allowed.
(m)
No
littering of any type, including throwing away of cigarette butts, shall be
allowed.
6.10.010 Violation--Penalty
Violation of the Skokomish Public Parks Ordinance
shall constitution an infraction punishable by a fine not to exceed $500.00.
6.10.020 Power of Enforcement
The Director of the Department of Public Safety is charged with the enforcement of this ordinance and is authorized to employ, deputize, or cross-deputize enforcement officers for this purpose. Any person authorized to enforce this ordinance shall issue a notice of violation:
(a)
When a violation of this ordinance occurs in the
enforcement authority’s presence; or,
(b)
When the enforcement authority investigating a
report of a violation of this ordinance finds probable cause to believe that a
violation has been occurred.
6.10.021 Notice of Violation
The Tribe, through its enforcement authorities, shall give a written notice to anyone who violates this ordinance. The notice of violation shall:
(a) Specify the nature of the violation, the location of the violation, the date and time of the violation (or the date and time when the violation was discovered), and the section(s) of this ordinance that were violated;
(b)
Set a date for hearing before the Skokomish Tribal
Court, which shall be no sooner than ten (10) days after service of the notice;
(c)
Specify the amount of the fine which may be paid by
the violator to the Court in order to avoid a Court hearing;
(d)
Notify the violator that if the violator does not
pay the amount of the fine and does not appear before the Tribal Court on the
date set for hearing, the court may declare the defendant to be in default and
award any appropriate relief as provided by this ordinance.
6.10.022 Service of Notice
The notice of violation
shall be served upon the defendant in the following manner:
(a)
By delivering a copy personally to the defendant or
the defendant’s authorized representative.
(b)
If, after reasonable effort is made, the defendant
cannot be personally served, service may be made by sending a copy of the
notice to the defendant’s last known address by certified mail, return receipt
requested, and sending an additional copy by regular mail.
A certificate of service filed with the Skokomish Tribal Court shall constitute proof of service of the notice of violation. If service is made in the manner described in subsection (c) of this section, the certificate must describe the efforts that were made to personally serve the defendant.
6.10.023 Procedure
(a)
Tribal Court to Have Jurisdiction. The Skokomish Tribal Court shall have
jurisdiction over violations of this ordinance. Hearings on civil infractions under this ordinance shall
conform to the applicable Rules of the Skokomish Tribal Court, S.T.C. 3.01, in
particular the Rules of Civil Procedure except as inconsistent with this
ordinance.
(b)
No Right to Jury Trial. There is no right to a jury trial in
proceedings held pursuant to this ordinance.
The Court, sitting without a jury, shall hear and decide such
proceedings.
(c)
Appeals. Any party may appeal any final order under
this ordinance. All appeals shall be
governed by the applicable Rules of the Skokomish Tribal Court, S.T.C. 3.01, in
particular the Rules of Appellate Procedure.
(d)
Power of the Court.
(1) If the Court finds by a preponderance of the evidence that a violation of this ordinance has been committed, it may require the violator to pay a civil penalty in an amount not to exceed the maximum penalty allowed for the infraction.
(2) Upon a showing of financial hardship, the Court
may sentence a violator to perform community service hours in lieu of payment
of a fine. Each hour of community service
shall reduce the fine by the amount of federal minimum wage at the time of
sentencing. Adequate supervision must
be available before community service hours are imposed.