12.16.010. - Definitions.

The following words are defined for purposes of this section as follows:

"Camping" shall mean erecting a tent or shelter or arranging bedding, or both, or parking a recreational vehicle or other vehicle for the purpose of remaining overnight.

"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 includes, but is not limited to, automobiles, trucks, tractors, motorcycles, motor scooters, (jeeps or similar type) four-wheel drive vehicles, and snowmobiles, whether or not they can legally be operated upon the public highways. Motor vehicle does not include motorized devices used for medical or disability purposes.

"Naches Trail" means the rail corridor between Allan Road and the Naches Depot which includes the paved pathway and the railroad right-of-way area around the paved pathway from the Naches Depot to Allen Road where the Naches Trail connects with the Yakima Greenway.

"Permit" shall mean any group or organization desiring to use park facilities for a specific purpose, shall obtain a special events permit before engaging in such activity, which use permit shall be issued by the town administrator, or his/her designee.

"Person" shall mean all individuals, firms, partnerships, corporations, clubs, and all associations or combinations of persons whenever acting for themselves or by an agent, servant, or employee.

"Special event" shall mean a group recreation activity on the Naches Trail, sponsored or organized by an individual or organization that requires reserving trail areas, planning, facilities, staffing, or other services beyond the level normally provided by the town to ensure public welfare and safety, and facility or environmental protection.

Any word not specifically defined herein, but defined elsewhere in this Naches Municipal Code shall have the meaning as indicated in this code, unless that meaning would not be relevant to the terms of this section. In the event a word is defined elsewhere in this code but that definition is irrelevant, or a word is not defined in this code, the word shall be defined as commonly understood or through its dictionary definition.

(Ord. No. 647, § 1, 4-13-2009)

12.16.020 - Operating hours.

The public shall be allowed on the Naches Trail from dawn until dusk daily.

(Ord. No. 647, § 1, 4-13-2009)

12.16.030 - Peace and quiet.

This section is to ensure the public can use the parks without undue disturbance and to ensure neighbors are not unnecessarily disturbed.

1.

No person shall use profane or abusive language, or conduct oneself in a disorderly manner on the Naches Trail.

2.

No person shall engage in any activity that has been deemed potentially hazardous to public safety or park property, or incompatible with park property use as designated and posted by the town.

3.

No person shall use a powered public address system, amplified music speaker system, sound-emitting electronic equipment including electrical speakers, radio, phonographs, television, or other such equipment, at a volume which emits sound beyond the immediate individual that may disturb other park users without written permission from the town. Portable radios and music players are permitted, provided they shall not be operated at a volume or in any manner which unreasonably disturbs the peace of others.

4.

People who desire to use loudspeakers, amplified music or public address systems on the Naches Trail shall make written application to the town in advance of the proposed use. The application form may be obtained from the town hall.

(Ord. No. 647, § 1, 4-13-2009)

12.16.040 - Camping.

Camping is prohibited along the Naches Trail.

(Ord. No. 647, § 1, 4-13-2009)

12.16.050 - Pets.

Pets must remain leashed at all times and controlled by their owners. Dogs are subject to all rules and regulations found in this Naches Municipal Code, including but not limited to, those found in Title 6.

(Ord. No. 647, § 1, 4-13-2009)

12.16.060 - Solicitation.

Solicitation, including the posting of any sign, is prohibited along the Naches Trail.

(Ord. No. 647, § 1, 4-13-2009)

12.16.070 - Vandalism.

A.

No person shall remove, destroy, injure, mutilate or deface any Naches Trail properties, trees, planting, equipment or facilities or enter or break into any locked restroom or any other Naches Trail building or structures. This prohibition applies to all aspects of the natural or landscaped environment.

B.

No person shall climb any tree or walk, stand or sit upon monuments, vases, fountains, railing, fences, or upon any other property not designated or customarily used for such purposes.

C.

All vandalism shall be reported to the Yakima County Sheriff's Office.

(Ord. No. 647, § 1, 4-13-2009)

12.16.080 - Fires.

Fires are prohibited along the Naches Trail.

(Ord. No. 647, § 1, 4-13-2009)

12.16.090 - Firearms and weapons.

No person shall openly display a firearm or weapon along the Naches Trail area, nor shall any person discharge or propel across, in, or into any park area, a firearm, bow and arrow, spear, spear gun, harpoon, sling shot, BB gun, 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.

(Ord. No. 647, § 1, 4-13-2009)

12.16.100 - Garbage, rubbish and sanitation.

No person shall, along the Naches Trail:

1.

Leave, deposit, drop, or scatter bottles, broken glass, ashes, waste paper, cans, or other rubbish, along the Naches Trail except in a garbage can or other receptacle designated for such purposes.

2.

Deposit any household or commercial garbage, refuse, waste, or rubbish, which is brought as such from any private property, Naches Trail garbage can or other receptacle designed for such purpose.

3.

Drain or dump refuse or waste from any trailer, camper, automobile, or other vehicle.

4.

Clean fish or other food, or wash any clothing or other articles for personal or household use, or any dog or other animal.

5.

Clean or wash any automobile or other vehicle.

6.

Pollute, or in any way contaminate by dumping or otherwise depositing any waste or refuse of any nature, kind, or description, including human or animal waste, so it may enter into any stream, river, lake or other body of water running in, through or adjacent to the Naches Trail.

(Ord. No. 647, § 1, 4-13-2009)

12.16.110 - Use of motor vehicles.

The use of motor-driven vehicles is prohibited with the following exceptions:

1.

Motor vehicles used for maintenance of the Naches Trail by the town.

2.

Motor vehicles used to enhance the safety, health and welfare of those using the Naches Trail, as authorized by the town.

(Ord. No. 647, § 1, 4-13-2009)

12.16.120 - Use of non-motorized vehicles.

Persons operating non-motorized vehicles on the Naches Trail shall:

1.

Obey regulatory signs.

a.

Ride, walk, run and skate on the right, except when passing.

b.

Walkers and runners must walk or run in a manner to keep one-half (½) the trail available for oncoming traffic and other trail users.

c.

Warn others when passing from behind. Slow down, make presence known well in advance, and use courtesy and caution when approaching or overtaking other persons.

d.

Control speed! Stay Alert. Maximum trail speed is ten mph. Restrict speed and manner of operation to reasonable and prudent practices relative to terrain, prevailing conditions, equipment, personal capabilities, personal safety and the safety of all park visitors.

e.

Always yield to as follows:

i.

Bicycles yield to roller bladers.

ii.

Bicycles and roller bladers yield to skateboarders.

iii.

Bicycles, roller bladers, skateboarders yield to runners.

iv.

All yield to pedestrians.

2.

Dismount from non-motorized vehicles and walk in congested areas and posted walk zones.

3.

Use caution when approaching turns or areas of limited sight distance.

4.

Not disturb or harass wildlife.

5.

Stay on the paved trail when using non-motorized vehicles, skates and other similar items.

6.

Comply with any additional requirements of Naches Trail rules and Naches Municipal Code sections.

(Ord. No. 647, § 1, 4-13-2009)

12.16.130 - Intoxicants.

No person shall bring into or consume along the Naches Trail any controlled substances, legend drugs, or intoxicating liquor or alcohol, including, but not limited to whiskey, wine, and beer.

(Ord. No. 647, § 1, 4-13-2009)

12.16.140 - Special event scheduling, permit, and fees.

The Naches Trail is operated and maintained by the town for public use. Naches Trail facilities are available to individual persons or groups for profit and nonprofit events and activities consistent with Washington State Law and the Naches Municipal Code.

Reservations or scheduling for use of the Naches Trail are required for any community special or private event, or athletic or sporting type activity involving more than routine use of the Naches Trail.

The application for use the Naches Trail for a special event must be completed and returned to the town administrator thirty (30) days prior to the date of the event(s), to allow, where applicable, for necessary internal review and analysis, consultation with local governments, public notice, establishment of permit conditions, and required the town and/or Yakima Greenway (where appropriate) preparations and coordination. The town administrator shall approve or disapprove a permit application and establish the conditions for an approved application. The town administrator shall determine the need for any reimbursement or payment necessary to cover costs incurred by the town for staffing, equipment, facilities, or special services not normally provided by the town, as well as the need for any bond, damage deposit, or liability insurance arising from any potential hazards associated with the conduct of the event. Any such fees, bond, damage deposit, or liability insurance shall be provided by the applicant prior to the issuance of the permit.

If additional unanticipated costs are incurred by the town resulting from the event, the applicant shall reimburse town for such costs in a timely manner, and not later than thirty (30) days after the conclusion of the event..

(Ord. No. 647, § 1, 4-13-2009)

12.16.150 - Failure to comply.

Failure to comply with the regulations outlined herein shall subject the offender to the following:

1.

For the first offense, the offender shall pay a two hundred fifty dollar ($250.00) fine to the town.

2.

For the second offense, the offender shall pay a five hundred dollar ($500.00) fine to the town.

3.

For the third, and any subsequent offenses, the offender shall be cited for a misdemeanor, which is punishable by no more than ninety (90) days in jail, or a one thousand dollar ($1,000.00) fine, or both.

These penalties are in addition to any other violations of state or local law occurring at the same time while using the Naches Trail.

(Ord. No. 647, § 1, 4-13-2009)

12.16.160 - Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this chapter.

(Ord. No. 647, § 1, 4-13-2009)