Chapter 12.05
PARKS
Sections:
12.05.050 Director – Appointment.
12.05.060 Director – Authority and duties.
12.05.090 Prohibited acts – General.
12.05.100 Prohibited acts – Vehicles.
12.05.110 Prohibited acts – Fires.
12.05.120 Prohibited acts – Animals.
12.05.130 Prohibited acts – Weapons, fireworks and explosives.
12.05.140 Prohibited acts – Camping.
12.05.150 Prohibited acts – Use of facilities.
12.05.160 Prohibited acts – Use of alcohol.
12.05.180 Violation proceedings.
12.05.190 Remedies not exclusive.
12.05.010 Title.
This chapter shall be known as the Josephine County Parks Ordinance. [Ord. 2010-3 § 1.]
12.05.020 Purpose and intent.
The purpose of this chapter is to protect Josephine County parks and recreational areas, to protect the health, safety and general welfare of the public using such areas, and to ensure the best use of and benefits from such areas. [Ord. 2010-3 § 2.]
12.05.030 Definitions.
“Board of Commissioners” means the Josephine County Board of Commissioners.
“Camp” or “Camping” means staying overnight in a County park, whether in tents, in camping vehicles, or otherwise.
“Camping Vehicle” means any vehicle designed or intended to provide sleeping accommodations, including, but not limited to, motor homes, trailers, or tent trailers.
“Director” means the person appointed by the Board of Commissioners to administer the County parks program.
“Motor Vehicle” means any self-propelled vehicle, whether powered by gasoline, electricity, or other means, including, but not limited to, cars, trucks, off-road vehicles, motorcycles, motor-driven cycles, scooters and any other self-propelled vehicles.
“Park” means any land designated as a County park by Josephine County, including the grounds, parking area, buildings, fixtures, and facilities. “Park” also includes any area owned or held by another government entity but used and operated by the County as a public park.
“Parks Program” means the Josephine County parks program and its employees and agents. [Ord. 2010-3 § 3.]
12.05.040 Authority.
The Board of County Commissioners of Josephine County recognizes, declares and establishes the authority of the Board of Commissioners to regulate the use of County parks and the activities conducted in those parks in order to promote recreational use and protect the health and safety of parks visitors. The Board of Commissioners may delegate part or all of its authority to the County parks program, if necessary, to fulfill the purposes set forth herein. [Ord. 2010-3 § 4.]
12.05.050 Director – Appointment.
The Director shall be appointed by the Board of Commissioners to administer the parks program and the provisions of this chapter. The Board of Commissioners shall review the recommendations of the Josephine County Parks Advisory Board prior to making the appointment. The Director shall serve at the pleasure of the Board of Commissioners. [Ord. 2010-3 § 5.]
12.05.060 Director – Authority and duties.
The Director or Director’s designees shall have the authority and duty to enforce the provisions of this chapter and to perform the following acts:
A. Review and make recommendations to the Parks Advisory Board and the Board of Commissioners on all matters pertaining to parks, the parks program, and this chapter;
B. Supervise the parks program and employ persons in the program;
C. Negotiate and recommend to the Board of Commissioners contracts for personal services, maintenance and repairs, in accordance with County policy;
D. Issue permits pursuant to this chapter;
E. Collect and disburse fees and deposits for permits and rentals of campgrounds, pavilions, and yurts;
F. Purchase or lease equipment needed for the parks program, in accordance with County policy;
G. Post signs for the classification and use of parks in accordance with this chapter;
H. Execute agreements under the parks program’s “Adopt-a-Park Program” for maintenance of parks without remuneration;
I. Perform any and all acts necessary to enforce the provisions of this chapter and applicable state laws;
J. Revoke any permit when the Director or Director’s designee has reasonable cause to believe that the permit holder is in violation of any provision of this chapter or state law;
K. Order any person to leave any park when the Director or Director’s designee has reasonable cause to believe that the person is in violation of any provision of this chapter or state or federal law;
L. Refuse to admit into a park any person who the Director or Director’s designee has reasonable cause to believe has been previously ordered to leave a park;
M. Impose a reimbursement fee, in the amount of actual cleanup costs, for failure to clean up after the use of campsites, pavilions, or yurts, and/or to withhold costs of cleanup or damage from deposits or permits for use of park facilities; and
N. Remove or order removed any vehicle left unattended, parked illegally, or that may cause a potential hazard at the sole expense of the owner of the vehicle. [Ord. 2010-3 § 6.]
12.05.070 Fees and permits.
A. The Director or Director’s designee shall have the authority to issue temporary permits for the following activities:
1. To secure temporary entry into a park or designated camping area;
2. To camp overnight at any park, up to a maximum number of 14 consecutive days in any one park, and a total of 28 days in any six-month period. There must be an interval of at least three days between stays at the same park;
3. To conduct any special events or group activities within any park. Application must be made 48 hours in advance and shall be accompanied by a cleanup deposit;
4. To operate or use a public address or amplified sound system; and
5. To possess alcoholic beverages.
No person shall engage in any activity described in this section without first obtaining a permit. The Director may require reasonable terms and conditions for the issuance of permits which are not inconsistent with the terms of this chapter. The duration for the permit shall be set by the Director.
B. Permits to use parks and facilities must be prominently displayed in all vehicles, and must be visible through the windshield of the vehicle. Any permit not so displayed shall be treated as invalid. Commercial passes may be affixed to the back of the inside rear view mirror so that they are visible through the windshield.
C. Fees and deposits for permits, camping and rental of parks shall be posted in each park and may be established by order of the Board of Commissioners for the following purposes:
1. Camping.
a. Campsite with hookups;
b. Campsite without hookups;
c. Shower facilities; and
d. Extra vehicle within campsite.
2. Temporary entry permit to campsite area.
3. Cleanup deposits for special events, group activities, use of pavilions, or other facilities.
4. Fee for pavilions.
a. One-half of any pavilion per day or portion thereof; and
b. Any entire pavilion per day or portion thereof.
D. The Josephine County Board of Commissioners shall, from time to time, determine and adjust the amount of fees for use of parks, consistent with the uniform procedure for setting fees charged by Josephine County, in compliance with the Josephine County Charter, which fee procedure was approved by the voters of Josephine County at the May 16, 2000, election (Measure 17-73, Board of Commissioners Order No. 2000-25 dated March 13, 2000). [Ord. 2010-3 § 7.]
12.05.080 Park hours.
A. All parks shall be open daily for use from sunrise to sunset unless posted otherwise by the Director and except as provided in subsection (B) of this section. The hours of sunrise and sunset shall be computed according to the Astronomical Applications Department Table for the Rise and Set of the Sun of the U.S. Naval Observatory. All parks shall be closed daily at sunset except for those areas designated for overnight camping. All boats and motor vehicles shall be removed from all water areas prior to park closure except with the prior approval of the Director.
B. The Director or Director’s designee is authorized to close or restrict public use of any park when it is deemed necessary to protect the public health, safety or welfare, or for the protection of the park or park facilities. [Ord. 2010-3 § 8.]
12.05.090 Prohibited acts – General.
It is unlawful for any person to commit any of the following acts in any park:
A. To fail to pay any fees, deposits, rentals or costs assessed for occupation or rental of any park or park facilities;
B. To fail to secure a permit or to violate the terms of any permit required by this chapter;
C. To disregard, deface, remove, tamper or damage any sign or notice posted or erected by the parks program;
D. To remain in or enter upon any park when it is not open or after having been ordered to leave by the Park Director or designee;
E. To cause a disturbance to other park patrons or to make excessive noise, or to act in a boisterous, threatening or unruly manner. [Ord. 2010-3 § 9.01.]
12.05.100 Prohibited acts – Vehicles.
It is unlawful for any person to commit any of the following acts in any park:
A. To park or leave any motor vehicle in any place other than a designated parking area;
B. To operate or ride any motor vehicle in or upon any area other than a roadway or area specifically designated for the operation of such vehicles;
C. To park or leave unattended any motor vehicle in a park for more than 12 hours without written permission of the Director or Director’s designee;
D. In areas where the operation of off-road vehicles or motorcycles is permitted, to operate a vehicle that is not equipped with an approved spark arrestor;
E. To operate any motor vehicle at a speed in excess of the posted speed limit, or at a speed in excess of that which is reasonable and safe under the circumstances existing at the time. The speed limit in Josephine County parks shall be 10 miles per hour unless posted otherwise. [Ord. 2010-3 § 9.02.]
12.05.110 Prohibited acts – Fires.
It is unlawful for any person to commit any of the following acts in any park:
A. To build, light, start, or maintain a fire in any park except in stoves, fire pits or fireplaces specifically designated for such use when permitted;
B. To leave a fire unattended at any time, or to fail to completely and safely extinguish a fire;
C. To build or maintain a fire that constitutes a hazard to any surrounding grounds, buildings, or facilities;
D. To throw, deposit, carry or allow any burning material, including sparks and embers, outside a stove, fire pit or fireplace. [Ord. 2010-3 § 9.03.]
12.05.120 Prohibited acts – Animals.
It is unlawful for any person to commit any of the following acts in any park:
A. To allow an animal to run unrestrained or on a leash that is more than six feet long;
B. To leave a dog unattended or uncontrolled in any park designated as a dog park;
C. To allow any large animal, including, but not limited to, horses, mules, donkeys, and llamas, in any park unless the area is specifically posted to allow such animals;
D. To allow any animal to threaten, molest, annoy, attack, or otherwise alarm any person;
E. To fail to clean up after an animal, or to fail to immediately remove animal waste and dispose of it in refuse containers or garbage cans;
F. To tie or tether any animal to any tree, plant, shrub or bush, or to any building or structure;
G. To leave an animal unattended, whether in a vehicle or otherwise;
H. To allow any animal, other than a service animal, to enter or remain in any building in any park;
I. To allow pets or animals to chase or attack wildlife. [Ord. 2010-3 § 9.04.]
12.05.130 Prohibited acts – Weapons, fireworks and explosives.
It is unlawful for any person to commit any of the following acts in any park:
A. To discharge any firearm, pellet gun, slingshot, bow and arrow, crossbow, or any other device that launches any type of missile or that may cause injury to persons or damage to property;
B. To possess or use any type of firecracker, firework or other type of explosive device without the prior written permission of the Director or Director’s designee;
C. To hunt, trap, chase, harass, or in any other way molest or annoy wildlife in any park. [Ord. 2010-3 § 9.05.]
12.05.140 Prohibited acts – Camping.
It is unlawful for any person to commit any of the following acts in any park:
A. To camp overnight in any area not designated for overnight camping;
B. To deposit, leave, scatter, or dump garbage, trash, or other waste material in or upon any park except in receptacles designated for that purpose, or to bring garbage, trash, or waste into the park and dump it in or upon any park or park receptacle;
C. To fail to maintain a campsite in a clean and sanitary condition;
D. To fail to clean and vacate a campsite by 12:00 p.m. on the day of departure;
E. To have more than one camping vehicle in any campsite area, except for a vehicle that arrives at the park legally towed by a recreational vehicle;
F. To have more than six persons occupying a campsite without permission from the Director or Director’s designee;
G. To occupy a campsite under the age of 18 years without being accompanied by an adult;
H. To disturb other campers with noise between the hours of 10:00 p.m. and 7:00 a.m.;
I. To fail to turn off portable generators by 8:00 p.m. [Ord. 2010-3 § 9.06.]
12.05.150 Prohibited acts – Use of facilities.
It is unlawful for any person to commit any of the following acts in any park:
A. To enter or remain in a park while under the influence of an intoxicant;
B. To enter or remain in a park after closing time, except for permitted campers;
C. To conduct vending, advertising, concessions, or any other solicitation or offer of goods or services in a park without a written contract with the Josephine County parks program;
D. To distribute, publish or post any flyers, bulletins or notices without the prior permission of the Director or Director’s designee;
E. To use any stream, creek, river or lake for the washing or rinsing of any object;
F. To deposit any harmful, objectionable or polluting material in any river, lake, stream or creek, or on the grounds or in any facility of any park;
G. To damage or deface any part of a park, including the grounds, buildings, fixtures, equipment, plants and facilities, to pick flowers or remove any plants or shrubbery or any parts thereof from parks, to dig or otherwise disturb the grounds, or to remove any County property from any park;
H. To fail to keep boat ramps clear; to leave boats, trailers and vehicles unattended; to park or leave a vehicle on a boat ramp longer than necessary to launch or retrieve a boat;
I. To conduct oneself in a disorderly, boisterous or unruly manner or behavior;
J. To fail to clean a picnic shelter after use, or to fail to return tables and furniture to their original locations;
K. To erect or place any temporary structures, including but not limited to waterslides, swimming pools, rock walls and jump houses, in any parks;
L. To use stakes to erect or place any canopies, shelter, or tent in any picnic area;
M. To post signs or banners without the prior permission of the Director or Director’s designee, to post signs or banners with tacks, nails, or staples instead of tape, or to fail to remove all parts of the signs or banners, and all remnants of tape when the site is vacated;
N. To use public address or audio amplification equipment without the prior permission of the Director or Director’s designee, or to use audio equipment in such a manner as to cause unreasonable noise or to disturb other persons in any park. [Ord. 2010-3 § 9.07.]
12.05.160 Prohibited acts – Use of alcohol.
It is unlawful for any person to commit any of the following acts in any park:
A. To possess kegs containing beer, malt liquor or other alcoholic beverages, without the prior written permission from the Director or Director’s designee;
B. To be under the influence of any intoxicant, including but not limited to alcoholic beverages. [Ord. 2010-3 § 9.08.]
12.05.170 Jurisdiction.
The Circuit Court for the State of Oregon for the County of Josephine has jurisdiction over any and all violations of this chapter. Jurisdiction and venue for violation proceedings shall be as set forth in ORS 153.036. [Ord. 2010-3 § 10.]
12.05.180 Violation proceedings.
A. The Director or Director’s designee is delegated the authority to designate specific employees of the parks program that are authorized to issue citations for the commission of violations of this chapter. The Director and the employees so designated shall be deemed to be Enforcement Officers within the meaning of ORS 153.005 to 153.145.
B. Violations of this chapter shall be deemed to be violations within the meaning of ORS 153.008. Violations of this chapter are punishable by fines as established by the State Court Administrator for unclassified violations.
C. The sentence to pay a fine for a violation committed by a corporation shall be in an amount twice the fine established for a violation by an individual.
D. In addition to any other remedies, a person who unlawfully damages County property or removes County property from a park shall be liable to the County for three times the amount of the damage or value of the property removed.
E. In addition to any other remedies, a person who has been ordered to vacate a park and has refused to do so may, at the discretion of the Director or Director’s designee, be barred from patronizing all Josephine County parks for a period not to exceed 60 days. Repeat offenses may result in permanent exclusion from Josephine County parks.
F. The Director or Director’s designee is authorized to order the immediate departure from a park of any person who violates this chapter or any state or federal law. If any person refuses to leave after having been ordered to vacate a park, that person shall be subject to arrest for criminal trespass in addition to any other offenses that person may have committed.
G. Violation proceedings shall follow the process set forth in ORS 153.005 to 153.145. [Ord. 2010-3 § 11.]
12.05.190 Remedies not exclusive.
None of the remedies available to the County as set forth in this chapter are exclusive. Nothing in the Josephine County parks ordinance shall preclude any remedy otherwise available to the County, either in law or equity. [Ord. 2010-3 § 12.]
12.05.200 Public nuisance.
Any violation of this chapter shall be deemed a nuisance and may be enjoined, abated, or removed. [Ord. 2010-3 § 13.]