CHAPTER 93
Parks and Recreation
Section
93.01 Parks and Recreation Committee
93.03 Exclusions and exceptions
93.01 PARKS AND RECREATION COMMITTEE.
The Council shall appoint the Parks and Recreation Committee as established in § 32.31 through § 32.34, to act in an advisory capacity to the City Council on all park and recreation matters and act as the Community Tree Board.
(Ord. 1979, passed 11-9-98; Am. Ord. 2152, passed 8-25-08; Am. Ord. 2209, passed 10-28-13; Am. Ord. 2292, passed 12-9-19)
93.02 DEFINITION.
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning:
PUBLIC PARKS. All properties owned and controlled by the city and operated as parks for use by the public. The city designated Festival Street, consisting of that portion of NE 2nd Street extending from E Main Street northward to E Gladys Ave, to be considered a park and subject to the rules and regulations contained in this chapter at any time it is closed to traffic and reserved for public events or festivals through the Parks and Recreation Department. In addition, the City Council by resolution may designate public trails and public recreation facilities as public parks which shall be subject to the provisions of this chapter unless modified by the resolution.
(Ord. 1588, passed 4-28-86; Am. Ord. 2292, passed 12-9-19)
93.03 EXCLUSIONS AND EXCEPTIONS.
(A) The following rules and regulations in § 93.04 shall not apply to employees of the city acting in the course of their normal employment.
(B) The City Manager or designee may grant exceptions to individuals or groups to carry on activities which would otherwise be prohibited under § 93.04 or, unless provided otherwise, under rules adopted by the City Council. The City Manager or designee may impose such conditions on an exception as they deem reasonable and appropriate. The City Manager or designee may approve the exceptions or reservations when it is determined:
(1) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park;
(2) That the proposed activity and use will not unreasonably interfere or detract from the promotion of public health, welfare, safety and recreation;
(3) That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct;
(4) That the proposed activity will not entail extraordinary activity or burdensome expense on the city; and
(5) That the facilities desired have not been reserved for other use at the day and hour required in the application.
(Ord. 1588, passed 4-28-86; Am. Ord. 2292, passed 12-9-19)
93.04 RULES AND REGULATIONS.
For the conduct of persons using or frequenting the public parks of the city, the following rules and regulations to be observed and enforced within the public parks are hereby established:
(A) Cutting, removing or damaging any flowers, trees, or shrubs or otherwise disturbing the surface of any public park is prohibited.
(B) Defacing, mutilating or damaging any buildings, equipment, tables, benches, signs or other public property in any public park is prohibited. The use of metal detectors, digging or driving stakes in the ground is prohibited.
(C) Motorized vehicles or remote-controlled devices shall not be operated in any city park except by authorized city personnel or contractors. No drones, remote-controlled aircraft or similar devices may take off or land on any city park, except by authorized law enforcement.
(D) Bicycles, skateboards or skates shall not be operated on park sidewalks in any manner so as to be a safety threat or hazard to pedestrians, or operated at any time on any tennis or basketball courts.
(E) Riding or driving any horse or animal upon any portion of any public park is prohibited unless designated otherwise by Council rule or order.
(F) Dogs shall not be permitted to run at large within any public park and all dogs shall be kept in control on a leash, cord, chain or otherwise at all times, except in designated areas. Owners or persons responsible for dogs or other animals destroying or damaging park property will be held liable for the full value of the property damaged or destroyed in addition to any fees or penalties imposed pursuant to Chapter 90. This prohibition shall not apply to any city-designated and posted off-leash area but the owner or person responsible for the dog shall comply with all rules and regulations governing off-leash areas.
(G) All trash, garbage and litter shall be disposed of in the receptacles provided. Rummaging through or removing items from garbage receptacles is prohibited.
(H) Fires and fireworks are prohibited.
(I) Operation or playing of any amplified musical instrument or any equipment manufactured primarily for the purpose of amplifying sound in any public park which disturbs the repose of others is prohibited.
(J) Park hours shall be from sunrise to 10:00 p.m. unless otherwise posted or as otherwise provided in a city approval for a community event. Lights at athletic facilities in a city park shall be off at 11:00 p.m. Loitering after hours is prohibited in any city park or associated public parking lot.
(K) Sales of goods or services are prohibited in any city park unless a vendor permit or approval is obtained, in writing, by the city.
(L) Artwork, displays, or performances shall be located so as to minimize congestion and use of the park by others. To minimize such impacts, the city may designate reasonable areas for such use and the duration of displays; provided, that such limitations shall be without regard to content.
(M) The consumption of alcoholic beverages is prohibited in city parks; provided, however, that the consumption of alcoholic beverages may be permitted for special events on a case-by-case basis. Special events that include the consumption of alcohol must apply to the City Manager or designee 60 days in advance of the event. The application must include all required OLCC approvals. The City Manager or designee may impose reasonable requirements regarding fees, security, law enforcement and liability insurance or other requirements provided in park rules and regulations.
(N) Requests for reserving any park facility or entire park shall be made with the Parks and Recreation Department. The fees for reserving any park facility or an entire city park shall be as established by resolution of the City Council.
(O) Using any buildings, equipment, tables, benches, signs or other property provided by the city in any manner other than its intended use or design in any city park is prohibited.
(P) The City Council may adopt rules and regulations governing use of city parks, violation of which constitutes a violation of this chapter. These may include, but are not limited to, requiring a permit for and imposing regulations on organized activities or events making use of city parks.
(Ord. 1588, passed 4-28-86; Am. Ord. 1670, passed 9-12-88; Am. Ord. 2027, passed 12-18-00; Am. Ord. 2119, passed 3-27-06; Am. Ord. 2134, passed 5-21-07; Am. Ord. 2136, passed 7-11-07; Am. Ord. 2152, passed 8-25-08; Am. Ord. 2171, passed 3-28-11; Am. Ord. 2227, passed 3-23-2015; Am. Ord. 2292, passed 12-9-19; Am. Ord. 2348, passed 9-11-23) Penalty, see § 93.99
93.05 EXCLUSION FROM PARKS.
(A) In addition to any other remedy or penalty, a police officer may exclude any person who violates this chapter or any park regulation or any criminal law of the state of Oregon while on park property. Nothing in this section, however, authorizes exclusion of a person exercising free speech or other rights protected by the state or federal constitutions; provided, however, that a person engaged in such protected activity who commits a violation or crime that is not protected shall be subject to exclusion for such action.
(B) Before issuing an exclusion order, the person shall be given a warning describing the conduct giving rise to the exclusion and a reasonable opportunity to desist from the violation. An exclusion shall not be issued if the person promptly complies with the direction and desists from the violation. This subsection shall not apply to a person excluded for the following:
(1) Criminal conduct or attempted criminal conduct in violation of ORS Chapters 162 through 167, or ORS Chapter 475;
(2) Use, sale or delivery of alcohol, marijuana or a controlled substance;
(3) Has resulted in intentional or willful injury to a person or animal, or damage to property; or
(4) Conduct for which a documented prior exclusion warning or order has been issued and not overturned on appeal.
(C) Written notice shall be provided to any person excluded. The notice shall briefly describe the conduct and list the provision of law that is the basis for the exclusion, the date, length and place of exclusion, and a description of the process for filing an appeal.
(D) The exclusion order shall be effective for 30 days. A second exclusion order issued within one year shall be effective for 90 days. Additional exclusion orders issued within one year of the second exclusion order shall be effective for 180 days. No exclusion order overturned on appeal or by a court shall be counted.
(E) An exclusion order shall not be effective to exclude a person from a park if the person is engaging solely in free speech or other constitutionally protected activity.
(F) The Police Chief or designee may issue a reduction in the period of exclusion or a full or partial waiver of the exclusion order for good cause, taking into account the seriousness of the basis for the order, and the particular need of the person to be in the park, such as for work or to participate in a particular event (without regard to the content of any speech associated with such event). The waiver may be subject to conditions on time, duration or other matters as the Police Chief or designee determines reasonable and necessary.
(G) A person issued a notice of exclusion, or denied a waiver, may appeal the notice or decision within ten days by filing an appeal with the Code Hearings Officer as provided in Chapter 136. The hearing shall be de novo. The exclusion order shall be upheld if the Hearings Officer determines by a preponderance of evidence that the person committed the act upon which the order was based, and the order otherwise is in accordance with law. Upon filing of an appeal, the exclusion order shall be stayed pending a decision. If upheld, the remaining balance of the exclusion period shall be immediately effective unless stayed by the Hearings Officer. Filing an appeal does not preclude issuance of an exclusion order for a new violation of this section.
(H) Violation of an exclusion order is a Class A violation and may be the basis for criminal prosecution for trespass or other law. Nothing in this section limits the authority of the city to obtain an injunction prohibiting or restricting park access by any person.
(Ord. 2292, passed 12-9-19)
93.99 PENALTY.
Except as provided herein, any person violating this chapter or any rules and regulations adopted hereunder commits a Class B violation.
(Ord. 1588, passed 4-28-86; Am. Ord. 1976, passed 10-26-98; Am. Ord. 2227, passed 3-23-2015; Am. Ord. 2292, passed 12-9-19)