Chapter 9.55
CITY PARK REGULATIONS
Sections:
9.55.030 Vehicles in City parks.
9.55.070 Garbage and other refuse.
9.55.090 Dangerous equipment and activities.
9.55.120 Hours of use – Sleeping and camping – Liquor.
9.55.150 Marking, injuring or disturbing any structure.
9.55.170 Rules and regulations.
9.55.180 Campground rules for parks.
9.55.200 Emergency park closure.
9.55.010 Purpose.
The parks of this City are established and maintained as areas of recreation, relaxation and enjoyment for the public. It is intended that they will be regulated and used to permit enjoyment by a maximum number of people engaged in widely diverse interests and activities as may be practical within the limits of space, design and accommodations available in each park unit, while maintaining the aesthetic of the area and promoting the health, welfare, and safety of the public. Limitations may be required to ensure the use of park areas in safety and to protect the rights of others in surrounding areas. [Ord. 994 § 3 (Exh. A), 2023; Ord. 679 § 1, 1995.]
9.55.020 Definitions.
As used in this chapter, the term “park” means an area of land owned or controlled by the public, set aside and maintained by the public for the recreation and relaxation of the public, including neighborhood parks and community parks, as well as limited use parks (which includes undeveloped greenways). [Ord. 994 § 3 (Exh. A), 2023; Ord. 679 § 2, 1995.]
9.55.030 Vehicles in City parks.
1. Vehicles such as autos, trucks, motorcycles, motor scooters, go-carts, bicycles, or other conveyances must operate, stop, or park only upon designated roadways or within designated parking areas unless specifically authorized by the City. Parking prohibitions, time limits or other parking restrictions for areas within City parks may be designated by the City with official traffic signs.
2. No person shall drive a vehicle upon the City boat landing near the intersection of 1st and Monroe Streets, nor on the adjacent gravel bar, except for the purpose of launching or retrieving a watercraft. No vehicles shall park on the boat landing or adjacent gravel bar.
3. No person shall drive a vehicle upon the City boat landing in Eagle Park, or block the boat landing, except for the purpose of launching or retrieving watercraft.
4. No vehicles may be parked in any City park while the City park is closed to the public.
5. Any person who violates these prohibitions shall, upon conviction, pay a fine of not more than $200.00. Any vehicle left parked or standing in violation of this section will be towed without 24-hour notice. [Ord. 994 § 3 (Exh. A), 2023; Ord. 931 § 1 (Exh. A), 2015; Ord. 927 § 1 (Exh. A), 2015; Ord. 880, 2009; Ord. 679 § 3, 1995.]
9.55.040 Animal control.
1. The City has reasonable discretion to regulate the presence and activities of animals in City parks.
2. No person is permitted to ride or lead any horse or pony in a park, except as designated by the City, by permit.
3. Also refer to offenses relating to animals in Chapter 6.10 HMC. [Ord. 994 § 3 (Exh. A), 2023; Ord. 679 § 4, 1995.]
9.55.050 Fire.
1. No person is permitted to build or maintain any fire in a park, except in City-created designated fire rings, fireplaces, or in designated areas. Violation of this subsection is a Class C misdemeanor.
2. No burning materials shall be gathered or used by individuals except as authorized by the City. [Ord. 994 § 3 (Exh. A), 2023; Ord. 985 § 2, 2022; Ord. 679 § 5, 1995.]
9.55.060 Commercial activity.
1. No person who holds a valid business license issued by the City under this section is permitted to sell merchandise or services within a park in violation of any conditions stated on that license.
2. Prior to receiving an event permit, commercial or special events held in City parks must meet or agree to the following conditions:
a. The number of persons permitted to stay overnight, if applicable, must be authorized by the City.
b. Applicant must compensate any expenditures for park maintenance, including City lighting, if any.
c. Vendors, if present, must supply the City with a certificate of liability in a minimum amount of $1,000,000 and add the City of Harrisburg as an additional insured.
3. All business licenses are subject to a fee, as established by a resolution of the City Council. nonprofit organizations will not be subject to a fee.
4. No person shall solicit, sell or offer for sale, peddle, hawk or vend any goods, wares, merchandise, foods, liquids, or services without holding a business license from the City. [Ord. 994 § 3 (Exh. A), 2023; Ord. 679 § 6, 1995.]
9.55.070 Garbage and other refuse.
1. No person is permitted to discard or dispose of any garbage in a park, except in a receptacle provided for such garbage and other refuse.
2. No person is permitted to take any garbage or other refuse into a public park for the purpose of discarding or disposing of such garbage or other refuse.
3. Knowingly discarding or dumping of refuse, garbage, or other items outside of a designated waste receptacle is a Class A violation. [Ord. 994 § 3 (Exh. A), 2023; Ord. 679 § 7, 1995.]
9.55.080 Motor vehicle speed.
The designated speed for motor vehicles upon the roadways within any park is 10 miles per hour unless otherwise posted. No person is permitted to operate a motor vehicle upon any roadway in a park at a speed greater than permitted by the basic rule as provided in ORS 811.100. [Ord. 994 § 3 (Exh. A), 2023; Ord. 693 § 1, 1995; Ord. 679 § 8, 1995.]
9.55.090 Dangerous equipment and activities.
No person is permitted to use or engage in any activity in a City park that the City determines will create an unreasonable interference or danger to other persons. Such activities include, but are not limited to, the use of golf clubs, fireworks, archery equipment, a discus, javelin or shot; any aircraft, rocket, or missile powered by fuel or mechanical means; or any firearm. Such activities will be allowed only as provided in HMC 9.55.100. [Ord. 994 § 3 (Exh. A), 2023; Ord. 679 § 9, 1995.]
9.55.100 Special use areas.
The City may set aside, establish, alter, and/or discontinue special use areas in one or more of the parks. These special use areas would include, but not be limited to, activities such as horse or pony riding, Junior Olympics, bicycle riding, camping activities, disc golf, motorcycle riding, mini-boat racing, or any one or more of those activities otherwise prohibited under HMC 9.55.090. Before establishing, altering or discontinuing such a special use area, the City will determine the priority of need for such an area and whether the activity may be carried on without unreasonable interference or danger to other persons.
If the City establishes a special use area, such hours or days of usage may be designated, the particular activity or activities which are permitted, and such conditions as are required for the safety and convenience of persons and property. The City will establish the boundaries of the special use area and post such signs and warnings concerning that special use area as deemed reasonably appropriate. No person is permitted to use or injure any special use area, except for the purposes of one or more of the activities permitted in that special use area under any conditions specified by the City. [Ord. 994 § 3 (Exh. A), 2023; Ord. 679 § 10, 1995.]
9.55.110 Sound.
1. No person is permitted to disturb the peace in any park between the hours of 10:00 p.m. and 8:00 a.m. For purposes of this subsection, “disturbing the peace” is defined as including, but not limited to, the following:
a. Playing a musical instrument.
b. Playing a radio, tape recorder or television.
c. Shouting.
d. Engaging in any organized games.
2. No person or organization is permitted to use any device to amplify sound in any park unless a valid permit has been issued by the City.
3. The City may issue a permit authorizing the use of one or more designated devices to amplify sound by one or more designated persons in a designated area of a park on a designated date between specified hours that the number of persons to be entertained or served by the use of sound can be adequately and reasonably served only by the amplification of sound. The City may include conditions in such permit, and the permit may be revoked if the terms of the permit are violated, or a permit may be denied to a person or group of persons who have violated the terms of a permit within the previous year.
4. No person who holds a valid permit issued under this section is permitted to amplify sound within a park in violation of any conditions stated in that permit. [Ord. 994 § 3 (Exh. A), 2023; Ord. 679 § 11, 1995.]
9.55.120 Hours of use – Sleeping and camping – Liquor.
1. No person is permitted to enter or use any City-owned or controlled park during posted hours of closure without a permit to do so.
2. No person is permitted to camp in any park, except as provided in subsection (3) of this section.
3. No person is permitted to use any tent, shelter-half, motor home, vehicle, camper, or trailer as a shelter for camping in any park area at any time, except as provided in subsection (4) of this section.
4. The City Administrator may, in the City Administrator’s reasonable discretion, issue permits or designate areas for the use of tents, tarps, canopies, shelter-half, motor homes, vehicles, campers, or trailers as shelters for any recreational camping in parks.
5. No person is permitted to park a vehicle in a park parking lot during the posted hours of park closure, unless that person has a permit to do so.
6. No corporation, organization, or person is permitted to bring, or permit any person to bring, or to consume any intoxicating liquor on park premises, except that the City Administrator or his/her designee can issue a permit to allow persons to bring and consume alcoholic beverages at City-sponsored outdoor concerts. A permit issued by the City Administrator may include conditions and restrictions as determined appropriate by the City Administrator, but must include the following conditions:
a. No alcohol is permitted to be consumed in violation of State statutes or rules of the Oregon Liquor Control Commission;
b. Alcohol other than distilled liquor or hard alcohol may be consumed on City property at the site of the concert, beginning no earlier than 30 minutes before the scheduled concert, nor later than the end of the concert; and
c. The City of Harrisburg reserves the right to cancel the privilege of consuming alcohol at City concerts at any time, for any or all individuals without cause. [Ord. 994 § 3 (Exh. A), 2023; Ord. 985 § 2, 2022; Ord. 904, 2012; Ord. 679 § 12, 1995.]
9.55.130 Liability.
All persons to whom an exclusive use permit has been granted must agree in writing to hold the City harmless and indemnify the City from any and all liability for injury to persons or property occurring as a result of the activity sponsored by permittee. Said persons will be liable to the City for any and all damages to parks, facilities and buildings owned by the City that result from the activity of permittee or are caused by anyone who participates in said activity. [Ord. 994 § 3 (Exh. A), 2023; Ord. 679 § 14, 1995. Formerly 9.55.140.]
9.55.140 Flora.
No person other than a duly authorized City employee in the performance of his duty or persons participating in City-approved activities is permitted to dig, pick, remove, burn, destroy, injure, mutilate or cut any trees, plants, shrubs, blooms or flowers, or any portion thereof, growing in any park. [Ord. 994 § 3 (Exh. A), 2023; Ord. 679 § 15, 1995. Formerly 9.55.150.]
9.55.150 Marking, injuring or disturbing any structure.
No person other than a duly authorized City employee in the performance of his or her duties is permitted to:
1. Cut, break, injure, deface or disturb any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment or property in a park.
2. Mark or place thereon any mark, writing or printing.
3. Attach thereto any sign, card, display or other similar device, except as authorized by permit issued by the City. [Ord. 994 § 3 (Exh. A), 2023; Ord. 679 § 16, 1995. Formerly 9.55.160.]
9.55.160 Penalty.
Unless another amount or penalty is stated in this chapter, any person who violates any provision of this chapter will, upon conviction, be punished by a fine of not more than $500.00, per occurrence, per day. Such penalty may be levied in addition to other administrative charges, civil penalties, or criminal penalties authorized by this code or by State law. [Ord. 994 § 3 (Exh. A), 2023; Ord. 880, 2009; Ord. 679 § 17, 1995. Formerly 9.55.170.]
9.55.170 Rules and regulations.
The Mayor and Council declare these rules and regulations to be necessary in order to have clean, attractive, well-maintained City parks.
You should help to keep this City a pleasant, safe and desirable place to live. The Mayor and Council have established and will enforce the following rules and regulations:
1. General Rules.
a. The parks are open for public recreation, as designated.
b. No peddling, soliciting or commercial enterprise is permitted in the park without a permit.
c. Disorderly conduct, noisy disturbances, or disregard of these rules and regulations will be grounds for your immediate removal from the park by law enforcement officials, authorized City officials or its designees.
d. Park participants will be held responsible for the conduct of and any damage to the park or its equipment caused by their children or by children whom they have actual control over.
e. Children under the age of eight must not be left unattended in the parks.
f. No person is permitted to consume or have in their possession any intoxicating beverage, narcotic, or controlled substance while in or upon the property of the parks.
g. Air rifles, BB guns, bows and arrows or other guns and dangerous objects may not be used in parks in the City.
h. No swimming is allowed on park property because lifeguards and suitable designated swimming areas are not provided.
i. No overnight camping is allowed on park property without a permit.
j. Interference with the use of a public facility that has been properly reserved is strictly prohibited.
k. Use of park facilities, structures, or equipment in a manner that does not align with its intended purpose is strictly prohibited.
l. The Mayor, Council and their employees will not be responsible for accidents, injuries or loss of property by fire, theft, wind, flood or other natural acts which are beyond their control. Equipment furnished on the grounds is solely for your convenience and used at your own risk.
m. The Mayor, Council and their employees are not responsible for any personal injury to children or adults using playground equipment, or enjoying park amenities, such as large boulders or other natural items. Participants use the equipment at their own risk.
n. You should immediately notify the City Hall or law enforcement officials of hazardous conditions in the parks or conditions which are in violation of these rules and regulations.
2. Automobiles and Motorized Vehicles.
a. Vehicles must be parked in the designated areas. Vehicles parked elsewhere will be removed at the owner’s expense without prior notice. No auto repairs are allowed anywhere at any time on park property.
b. The speed limit in the park is 10 miles per hour and must be observed at all times, and drivers must be alert for children and pedestrians.
c. Bicycles, roller skates, skateboards, and other types of nonmotorized vehicles must be used safely, without the possibility of injury to others and only in nonrestricted areas.
d. Disturbing or careless operation of motorcycles, automobiles or other types of motor vehicles will be grounds for removal from the park and/or citation by the law enforcement officials.
3. Park Buildings and Facilities.
a. Park buildings and facilities are provided for your convenience or pleasure. You have a responsibility to use the facilities with respect for others and to keep them neat and clean. Any irregularities should be reported immediately to the City.
b. No pets are allowed in the park buildings at any time.
4. Animals.
a. Except as allowed in HMC 9.55.100, no person is permitted to ride or lead any horse or pony in the park, except upon a roadway or designated parking area or designated bridle path.
b. Pets are permitted in City parks (unless otherwise posted) only if they are on a leash that is five feet or less in length. Pets must be kept under supervision at all times and are not permitted to run at large or to commit any nuisance in the limits of the park.
c. All fecal material left in the park by the pet or animal must be picked up, placed in a container, and removed from the park.
d. Violation of these regulations will lead to the removal of both animal or pet and owner in addition to any other penalty permitted by law.
5. Solid Waste Disposal and Fire Protection.
a. Your garbage and trash must be placed in the proper receptacles.
b. No person is permitted to bring any non-park-generated garbage into the park for the purpose of disregarding or disposing of such garbage or other refuse.
c. Fires are not permitted in any City park unless allowed by permit issued by the City.
6. Vegetative Protection.
a. No person other than a duly authorized City employee in the performance of his or her duty or person participating in City-approved activities is permitted to dig, remove, destroy, injure, mutilate, or cut any trees, plants, shrubs, blooms, or flowers, or any portion thereof, growing in the park.
b. Trees and shrubs are not to be climbed, hung on, or used as poles for game nets or swings.
c. Nothing can be posted on the trees or shrubs, nor can any nails, screws, or other foreign objects be driven into, tied to, or otherwise affixed to the vegetation.
d. Activities that will damage the grass or flowers such as open fires or unauthorized digging are strictly prohibited.
7. Building Protection.
a. No person is permitted to destroy, mutilate, deface, alter, or damage any building or structure in the park.
b. Buildings or structures are not to be climbed, hung on, or used for games or swings.
c. Nothing is permitted to be posted on any building or structure nor can any nails, screws, or other foreign objects be driven into, tied to, or affixed to any buildings or structures in the parks.
d. Activities that will damage buildings or structures are strictly prohibited.
8. Such rules and regulations will be posted in each park, in a place conspicuous to the public.
9. Any other rules and regulations which the City Council deems necessarily for public safety may be established by resolution.
10. Violation of these regulations may result in trespass from park property for a time period set forth by the City Administrator. [Ord. 994 § 3 (Exh. A), 2023; Ord. 906 § 1, 2012; Ord. 679 § 18, 1995. Formerly 9.55.180]
9.55.180 Campground rules for parks.
The following are overnight camping rules:
1. No overnight camping without a permit.
2. No drinking of alcoholic beverages allowed in the park.
3. Age Limit. Any minors under 18 years of age must be accompanied by a responsible adult 21 years of age or older.
4. Maximum Stay. Maximum stay is determined by the City upon issuance of the permit and may only occur in designated areas.
5. In addition, all campers must abide by the posted rules and regulations for park use. [Ord. 994 § 3 (Exh. A), 2023; Ord. 679 § 19, 1995. Formerly 9.55.190.]
9.55.190 Trespass.
Any law enforcement officer, City employee or designee may exclude any person who violates any provision of this chapter or any other applicable City ordinance, or any of the laws of the State of Oregon, from any or all City parks for a period as determined by the City Administrator.
1. Written notice will be given to any person excluded from any City park(s). Such notice will specify the dates and places of exclusion. It will be signed by the issuing party; warning of consequences for failure to comply will be prominently displayed on the notice.
2. A person receiving such notice may appeal to the Municipal Court Judge to have the written notice rescinded or the period shortened. An appeal must be filed with the City Hall within five business days of receiving notice.
This section is in addition to and not in lieu of any other ordinance or law. Trespass is a Class C misdemeanor. [Ord. 994 § 3 (Exh. A), 2023; Ord. 989 § 1 (Exh. A), 2023; Ord. 679 § 20, 1995. Formerly 9.55.200]
9.55.200 Emergency park closure.
1. The City Council delegates to the City Administrator the authority to declare an emergency and close City parks when doing so is necessary to protect the life, health, or safety of the park users or general public.
2. The authority delegated to the City Administrator under this section extends to any City-owned park or to all City-owned parks, as the emergency dictates.
3. For purposes of this section, conditions that constitute emergencies include, but are not limited to, floods, fires, utility service interruptions or failures, or similar dangers to persons and property.
4. The authority delegated to the City Administrator under this section provides the authority to keep the City parks closed to the public until the emergency abates.
5. A declared emergency may not last longer than two weeks unless extended by the City Council. [Ord. 994 § 3 (Exh. A), 2023; Ord. 985 § 1, 2022. Formerly 9.55.210.]