Chapter 9.30
RULES AND REGULATIONS TO BE OBSERVED AND ENFORCED IN THE PUBLIC PARKS OF THE CITY OF CRESWELL
Sections:
9.30.050 Exclusion from the park.
9.30.010 Definitions.
As used in this chapter, the following definitions apply:
“Park” means real property owned or managed by the city of Creswell for recreational purposes, other than dedicated rights-of-way.
“Smoking” means any inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, electronic cigarette, weed, plant or other tobacco or tobacco-like product or substance in any manner or any form. [Ord. 543 § 1, 2021].
9.30.020 General rules.
For the conduct of persons using the city parks of Creswell, Oregon, the following rules and regulations shall be observed and enforced within said parks and are hereby established:
A. Hours. Park hours are dawn to dusk for adults and supervised minors unless otherwise posted. Unaccompanied minors are permitted between the hours of 7:00 a.m. to 9:00 p.m. May 1st through September 30th and the hours of 7:00 a.m. to 7:00 p.m. October 1st through April 30th.
B. Fires. No person shall build a fire except in fireplaces or grilles as provided by the city.
C. Pets. No domesticated animals are permitted in city parks unless they are controlled by a leash and must be kept under supervision at all times. Pets or animals are not allowed to run at large or to commit any nuisance. All animal fecal matter shall be picked up by the animal’s owner or handler, placed in an appropriate container and placed in trash receptacles or removed from the park.
D. Alcohol and Drugs. Possession of alcoholic beverages, illegal drugs or narcotics within the park is prohibited.
E. Smoking. No person shall smoke or carry any lighted smoking instrument in any city park.
F. Weapons. No person shall discharge firearms, fireworks, air guns, bow and arrows, slingshots or other types of weapons within the city parks.
G. Selling of Merchandise. No peddling, soliciting or commercial enterprise is permitted in a city park except by prior approval of the city manager.
H. Waste Materials. No person shall scatter, discard or dispose of any garbage, bottles, broken glass, tin cans or paper, litter or waste materials of any kind excepting in receptacles provided. It shall be unlawful for any person to bring household garbage, rubbish, trash or yard debris to the city park and deposit the same in the park receptacles.
I. Public Nuisance. No person shall use abusive, threatening, vile, obscene or indecent language or gestures in the park, nor shall any person cause, attempt to cause, or bring about any public nuisance. Disorderly conduct shall be deemed a public nuisance and shall be cause for expulsion from the park.
J. Damage. No person shall damage, deface or remove any table, bench, building, sign, monument, fountain, faucet, plant, tree, or other part of the park grounds or facilities.
K. Hazards. All park users should immediately notify the city of Creswell or the Lane County sheriff’s office of hazardous conditions in a city park or conditions which are alleged to be in violation of these rules and regulations.
L. Parking. Motor vehicle parking at city parks, including park parking lots, is prohibited between dusk and dawn, unless otherwise posted. No person shall operate or park, or cause to be operated or parked, any motor vehicle in a city park, in violation of the terms of any authorized posted sign giving notice of the limits of use.
M. No person shall violate posted park rules. Park users must obey all local, county, state, and federal laws. [Ord. 557 § 2, 2023; Ord. 543 § 1, 2021].
9.30.030 Enforcement.
This chapter may be enforced by any code enforcement officer, including any peace officer. The city manager, or their designee, and Lane County sheriff deputies will have primary responsibility for the enforcement of this chapter. Nothing in this chapter shall prevent the city manager, or their designee, or Lane County sheriff deputies from obtaining voluntary compliance by way of warning, notice or education. [Ord. 543 § 1, 2021].
9.30.040 Penalties.
A. Any person violating any of the provisions of this chapter and upon conviction thereof shall be fined an amount not to exceed $500.00, plus the cost of repairs, if necessary.
B. Each occurrence of a violation, or, in that case of continuous violations, each day a violation occurs or continues, constitutes a new and separate offense and may be punished separately. [Ord. 543 § 1, 2021].
9.30.050 Exclusion from the park.
A. Exclusion from Park.
1. Any law enforcement officer or city employee, in connection with their duties imposed by law, shall have the authority to exclude from all or any part of a public park any person who violates any provision of this chapter, any other provision of the Creswell Municipal Code, or any law of the state of Oregon.
2. The excluded person need not be charged, tried, or convicted of any crime or infraction in order for an exclusion notice to be issued or effective. The exclusion may be based upon the observation of the law enforcement officer or city employee, or upon the type of civilian reports that would ordinarily be relied upon by law enforcement officers in the determination of probable cause.
B. Exclusion Notice.
1. A written notice signed by the issuing party shall be issued to the person excluded. The notice shall specify the reason for the exclusion, the places and duration of exclusion, the consequences for failure to comply with the notice, and appeal rights. The notice shall be given either by personal delivery or by certified mail with return receipt requested. Unless otherwise expressly set forth in the notice, the exclusion shall commence immediately upon issuance of the notice to the excluded person.
a. For purposes of this section, “issuance” shall mean:
i. The date the notice is issued in person; or
ii. The date the notice is postmarked for delivery.
b. For exclusion notices issued to minors, persons under the age of 18 years, a copy of the exclusion notice will be mailed to the parent or legal guardian, by regular mail.
2. The city manager is authorized to prepare a form of notice to be used in connection with excluding a person from a park, and to include such other information as is considered necessary for administrative purposes.
3. A person excluded under this section may not enter or remain upon any part of the property from which the person is excluded during the period of exclusion. An excluded person who enters or remains upon any part of the property from which the person has been excluded is a trespasser and may be arrested and prosecuted as such.
C. Exclusion Period. The exclusion period shall be as follows:
1. For a period not exceeding one year, if the offense is a felony.
2. For a period not exceeding 30 days, for a first offense, if the offense is not a felony.
3. For a period of 180 days, for a second offense, if the offense is not a felony.
D. Exclusion Notice Appeal Procedures.
1. A person receiving an exclusion notice may seek an appeal hearing before the municipal judge of the city of Creswell or their designee to have the notice rescinded or shortened. The request for an appeal hearing must be delivered to the city of Creswell court clerk within seven business days after issuance of exclusion notice. An appeal hearing shall be scheduled at the next regularly scheduled court date.
2. At the appeal hearing, the violation must be proved by a preponderance of the evidence in order to uphold the exclusion notice. The city municipal judge or their designee may consider information that would not be admissible under the evidence rules in a court of law but which the city municipal judge or their designee considers relevant and trustworthy.
3. If the violation is proved, the exclusion notice shall be upheld; but upon good cause shown, the city municipal judge or their designee may shorten the duration of the exclusion. If the violation is not proved by a preponderance of the evidence, the notice shall be rescinded.
4. An exclusion shall be held in abeyance during the pendency of an appeal.
5. No determination of facts made by a person conducting a hearing under this section shall have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of the same facts in a subsequent criminal prosecution or civil proceeding.
6. The decision of an exclusion appeal hearing of the municipal court judge or their designee is final. [Ord. 557 § 4, 2023; Ord. 543 § 1, 2021].
9.30.060 Severability.
The sections and subsections of this chapter are hereby declared severable. The invalidity of any one section or subsection shall not affect the validity of the remaining sections or subsections. [Ord. 543 § 1, 2021].