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2011/08/17 Council Agenda Packet
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2011/08/17 Council Agenda Packet
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Council Agenda Packet
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8/17/2011
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4 <br /> A. Any person who knowingly: (1) enters or remains in a park from which he or she has <br /> been excluded during the period covered by an exclusion notice pursuant to Section <br /> 9.06.235 of this chapter; (2) enters, remains in, or is otherwise present within the <br /> premises of a park during hours which the park or portion of the park is not open to the <br /> public, unless the person is present within the park to participate in an activity either <br /> conducted by the parks and recreation department or conducted pursuant to the terms of ' <br /> a permit issued by the parks and recreation department; or (3) enters or remains in any <br /> area of a park which has been designated and posted by the director as a closed area, <br /> using such postings as "no admittance" or "closed to use" or "no trespassing" shall be <br /> guilty of trespass in parks, a gross misdemeanor, and may be punished by a fine and/or <br /> imprisonment up to the maximum fine amount and term of imprisonment set forth in <br /> EMC 10.07.080 . . ... . . .. . .. • .. . <br /> B. Unless otherwise posted, city parks are open to the public from six a.m.to ten p.m. April <br /> 1st to October 31st and six a.m. to eight p.m.November 1st to March 31st. The parks are <br /> closed to the public outside of posted times. The parks and recreation director shall have <br /> the authority to modify the time a city park is open and closed to the public where the <br /> director determines it appropriate. <br /> C. The provisions of this section do not apply to any duly authorized department of parks <br /> and recreation or other city employee in the performance of his or her duties, or other <br /> person authorized by law. <br /> D. It is not a defense to the crime of trespass in parks: <br /> 1. That the underlying exclusion issued pursuant to this chapter is on appeal when <br /> the excluded person is apprehended,charged,or tried under this section;nor <br /> 2. That the excluded person entered or remained in the park pursuant to a permit that <br /> was issued in the name of another person either before or after the date of the <br /> exclusion notice. • <br /> Section 9: <br /> Section 7 of Ordinance No. 1810-91, as amended by Section 1 of Ordinance No. 2091-95, <br /> Section 6 of Ordinance No. 2394-99 and Section 1 of Ordinance No. 2873-05 (EMC 6.04.070), <br /> which reads as follows: <br /> Prohibited conduct. <br /> A. Offenses Relating to Safety and Sanitation. It is unlawful for any person to: <br /> 1. Allow the accumulation of animal feces in any open area,run, cage or yard <br /> wherein animals are kept and to fail to remove or dispose of feces at least once <br /> every twenty-four hours; <br /> 2. Fail to remove the fecal matter deposited by his/her animal on public or private <br /> property of another before the owner and/or animal leaves the immediate area <br /> where the fecal matter was deposited; <br /> 3. Fail to have in his/her possession the equipment necessary to remove his/her <br /> animal's fecal matter when accompanied by said animal on public property or <br /> public easement; <br /> 8 <br /> 35 <br />
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