Background Fact Sheet - City of Vancouver

Fact Sheet
Clark County Park Code Update
July 2012
Vancouver-Clark Parks and Recreation Department (VCPRD) and the Vancouver-Clark Parks and
Recreation Advisory Commission are proposing a number of updates and revisions to Clark County
Code, Chapter 9.04 (Park Rules). Prior to the Board of County Commissioners holding an Aug. 21
public hearing, Vancouver-Clark Parks and Recreation is seeking public comments about the proposed
changes, which will be summarized and included in reports to the Board of County Commissioners.
Much of Clark County Code, Chapter 9.04 has not been updated since drafted in the 1970s.
Additionally, in 1997, Clark County and the City of Vancouver consolidated its parks and recreation
administration divisions to form the Vancouver-Clark Parks and Recreation Department. The updating
of the Clark County park code will provide multiple benefits to for both park users and staff, including
some consistency between park systems and better definition and explanation of permitted uses and
activities.
Tell Us What You Think
Public comments about the proposed park code changes will be accepted through August 15, 2012.
Comments can be provided in the following ways:
Web – Review the proposed changes fill out an electronic comment form
www.vanclarkparks-rec.org
Email – brian.potter@cityofvancouver.us
Telephone – (360) 487-8323 (WA Relay: 711)
Mail – Paper copies of this fact sheet and a comment form will be available at the first floor
information desk at the Clark County Public Service Center, 1300 Franklin St., Vancouver.
Completed forms may be dropped off at the Clark County Public Works reception desk on the
fourth floor of the Public Service Center during regular business hours, or mailed to: Vancouver-
Clark Parks and Recreation, P.O. Box 1995, Vancouver, WA 98668-1995.
We create community through people, parks, programs and partnerships.
P.O. Box 1995 - Vancouver, WA 98668-1995
(360) 487-8311 - www.vanclarkparks-rec.org

Summary of Proposed Code Changes by Section
Clark County Park Code Update – Fact Sheet
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The full text of the proposed park code changes is available on the Web at: www.vanclarkparks-rec.org.
Chapter 9.05 – Park Rules
For administrative and procedural ease, Chapter 9.04 will be renumbered, and changed to
Chapter 9.05.
9.05.010 – Definitions (new section)
Provides clarification and definition to various terms used within the Park Code.
9.05.015 – Police power and park rules (new section)
Authorizes the Director of parks to manage and operate the park system and to adopt appropriate
rules and policies.
9.05.020 – Hours
Authorizes after-hours use of a park during times when the park would normally be closed with
an approved Park and Facility Use Permit (www.cityofvancouver.us/parksrecreation/events/specialevents.asp).
9.05.030 – Protection of park property
Expands the list of park infrastructure that cannot be removed, damaged, destroyed or added to a
park without prior written consent.
9.05.040 – Signposting (new section)
Prohibits posting signs, banners, billboards or decorations or erecting structures in a park without
permission.
9.05.050 – Fires and Fireworks
Adds stipulations about the proper disposal of coals and ashes and prohibits the discharge of
fireworks within a park.
9.05.060 – Animals and birds
Adds provisions exempting guide dogs or service animals from prohibition and gives the
Vancouver-Clark Parks and Recreation Director the authority to ban dogs from designated areas
of a park when necessary to protect public health or public resources. Clarifies prohibition of
animals from Vancouver Lake Regional Park and Salmon Creek Regional Park – Klineline Pond.
9.05.080 – Swimming, bathing and wading
Revises code to prohibit water contact only in areas that are posted and restricting such activity.
9.05.090 – Boating and watercraft
Adds personal watercraft to the section, and revises code to restrict activities only in areas that
are posted.
We create community through people, parks, programs and partnerships.

Clark County Park Code Update – Fact Sheet
Page 3 of 6
9.05.100 – Camping
Allows camping in parks if approved with a Park and Facility Use Permit.
9.05.110 – Horses
Adds pack animals to the existing code.
9.05.120 – Motor-driven vehicles
Allows authorized power-driven mobility devices for individuals with mobility disabilities,
allows use of motor-driven vehicles in parks with an approved Park and Facility Use Permit, and
prohibits cruising on park property.
9.05.130 – Operation of bicycles, skateboards, roller blades, in-line skates and foot scooters
Expands the section to include skateboards, in-line skates and foot scooters, includes an
exception for restricted use within designated park areas and/or courses, or with an approved
Park and Facility Use Permit.
9.05.140 – Peddling and soliciting
Allows vendors to sell food or other goods on park property with permission from the director,
or with an approved Park and Facility Use Permit.
9.05.170 – Alcoholic beverages, drugs
Allows alcoholic beverages in parks only with an approved Park and Facility Use Permit, and
prohibits people who are under the influence of drugs or alcohol from entering a park.
9.05.180 – Personal conduct
Allows charities and non-profits to operate legal gambling activities in parks with an approved
Park and Facility Use Permit.
9.05.190 – Firearms
Allows use of bow and arrow, crossbow, slingshot, spring or gas propelled BB and pellet guns,
spears or javelins or any other weapon with an approved Park and Facility Use Permit.
9.05.200 – Littering and pollution
Adds industrial and commercial garbage to the list of things that may not be dumped on park
property.
9.05.210 – Public exhibition
Allows performances or exhibits to occur in a park with the director’s permission, or with an
approved Park and Facility Use Permit.
9.05.220 – Permits and agreements
Replaces outdated process to acquire a Park and Facility Use Permit and explains when a permit
is required and the application process.
We create community through people, parks, programs and partnerships.

Clark County Park Code Update – Fact Sheet
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9.05.235 – Fees for parks and programs (new section)
Provides director authority to establish fees for use of parks and recreational activities based on
specific, identified policies.
9.05.240 – Fees and charges
Allows people to charge fees for events held in a park only with an approved Park and Facility
Use Permit.
9.05.260 – Parking
Prohibits parking in a park that charges a daily parking fee without paying the fee and defines the
penalty for parking violations.
9.05.270 – Amplified sound – permit required (new section)
Prohibits the use of amplified sound systems in a park without an approved Park and Facility Use
Permit.
9.04.280 – Tobacco products (new section)
Prohibits any form of tobacco from being used in specified areas.
9.04.290 – Exclusion from parks (new section)
Allows law enforcement or the director to exclude individuals, for a defined period of time, from
a park for violating park rules or other state and local laws.
9.04.300 – Trespass in parks (new section)
Defines trespass violation for a person(s) that has been excluded from a park.
9.04.310 – Penalty
Increases the maximum fine that may be charged for violating the park code to $1,000 and
allows for revocation or denial of a Park and Facility Use Permit for people who have been cited
for violating park rules.
9.03.320 – Prosecution for violation (new section)
Adds language permitting citation and prosecution of individuals who aid or abet someone who
violates the park code.
We create community through people, parks, programs and partnerships.

Clark County Park Code Update – Fact Sheet
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Timeline & Next Steps
February 2012: Clark County Commissioners reviewed and discussed the proposed tobacco ban with
staff at a work session.
February 2012: First reading of the proposed code changes and discussion by the Parks and Recreation
Advisory Commission.
March 2012: County Commissioners reviewed and discussed the proposed code changes with staff at a
work session.
March 2012: Second reading of the proposed code changes and discussion by the Park and Recreation
Advisory Commission.
April 2012: Board of Public Health reviewed and discussed the proposed tobacco ban with staff at a
work session.
June 2012: Final review and approval of proposed code changes by the Parks and Recreation Advisory
Commission.
August 1-August 15, 2012: Public comment period.
August 21, 2012: Public Hearing for the proposed code changes before the Board of County
Commissioners. (10 a.m., sixth-floor hearing room, Clark County Public Service Center, 1300 Franklin
St.). The public will have an opportunity to provide additional public comment at the public hearing.
Answers to Common Questions
Why are these changes necessary?
The park code hasn’t been updated in 40 years. Changes are needed to reflect recent case law, create
consistency with the Washington Constitution, incorporate new business practices, better align park
code with other Clark County Code chapters and allow for consistent management of the Vancouver-
Clark Parks and Recreation park system. Additionally, many of the revisions actually make it easier to
manage and permit activities in parks that are currently restricted.
Do these changes affect how parks are designed and developed?
No. The new Chapter 9.05 of the County Code will only affect management, operation and control of
parks (i.e. the rules by which parks can be used and enjoyed by the public). Park development is
addressed in Chapter 40, which is updated, as needed, as part of a separate process directed by Clark
County Community Development.
Why do you not address firearms?
We create community through people, parks, programs and partnerships.

Clark County Park Code Update – Fact Sheet
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At the time of this public review, the Clark County Prosecuting Attorney’s office is in the process of
amending Section 9.04.190 Firearms. The amending of the section will help clarify that “possession” of
firearms is permitted with parks. The amended code will be incorporated into the final adopted 9.05
Park Code, as 9.05.190 Firearms.
What is the fine for not paying the daily parking fee?
Currently the fine is a misdemeanor punishable by a maximum fine of $250 and 90 days in jail, or both.
Section 9.05.310 Penalty will reduce the penalty to an infraction, with a $40 fine.
Why is a ban on tobacco use in some park areas being considered?
One of Vancouver-Clark Parks and Recreation’s missions is to improve the health of Clark County
citizens. The public health risks of cigarette smoke and second hand smoke can potentially have
negative effects on the general public in the parks. The Board of County Commissioners opted not to
approve a complete ban on all tobacco products but instead ban them in certain areas, primarily areas
where people tend to tightly congregate.
Isn’t there already a smoking ban at playgrounds and sports fields?
In 2005, County Commissioners approved a voluntary non-smoking policy in parks. Although this
voluntary compliance policy did have some positive effect, the Parks and Recreation Advisory
Commission is responding to numerous public requests and recommending the new code section. This
proposed code change is also supported by the Clark County Public Health Department, which actively
works to educate Clark County citizens about the dangers of tobacco.
It seems like those who violate the park rules never get fined or ticketed. Why?
Enforcement of Park rules occurs when a complaint about violations is made to the County Sheriff.
Clark County does not have a separate Parks enforcement staff. The Sheriff’s office has limited staff
and responds to complaints on a priority basis.
What are the consequences for not complying with provisions of the revised park code?
Unless otherwise noted, failure to comply with the park code is a misdemeanor punishable by a
maximum $1,000, up to 90 days in jail or both. The existing park code sets the maximum fine amount to
$250. The Clark County Sheriff’s Office is responsible for enforcing the park code.
We create community through people, parks, programs and partnerships.