Chapter 12.48
CITY PARK REGULATIONS1
Sections:
12.48.040 Garbage and other refuse.
12.48.050 Permit for use of designated area.
12.48.070 Hours of use – Sleeping and camping.
12.48.080 Hours of park closure.
12.48.120 Marking, injuring, or disturbing any structure.
12.48.127 Prohibited activities in marine parks.
12.48.128 Exclusion from parks.
12.48.130 Authority of city manager.
12.48.010 Purpose – Fees.
A. The parks of this city are established and maintained as areas of recreation, relaxation, and enjoyment for the public. It is intended that they shall 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. Limitations may be required to insure the use of park areas in safety and to protect the rights of others in surrounding areas.
B. A park fee is hereby created and imposed, the amount of which is to be set by council resolution. The revenue from the park fee shall be used to pay the cost of construction, operation and maintenance of the city’s parks and marine parks. The park fee shall be paid by the responsible party for each billing unit on developed property in the city. The park fee is premised on the direct and indirect use of or benefit derived from use of city parks and is neither a property tax nor subject to the limitations of Article XI, Section 11 of the Oregon Constitution.
C. Definitions. As used in this chapter and any resolution adopted under this chapter, the following phrases have the following meaning:
1. “Billing unit” means any structure(s) or discrete portion thereof lawfully capable of being occupied as either residential or nonresidential property. For example, in multifamily residential property each separate dwelling unit is considered a separate billing unit. Each separate and distinct business outlet in a shopping center is considered a separate billing unit. A “billing unit” may include one or more structure(s) if all are used in a common purpose or operation. For example, nonresidential property being used as an industrial or commercial site having several structures forming or being used for an integrated commercial or industrial purpose constitutes one billing unit.
2. “City” means the city of Silverton, Oregon.
3. “City utility service” means both the city’s water and sanitary sewer utility(ies).
4. “Developed property” means improved legally identifiable lots located in the city containing one or more billing units. The phrase “developed property” does not include property owned or controlled by the city or federal governmental bodies.
5. “Improved” means real property with residential or nonresidential buildings or structures (habitable or otherwise).
6. “Marijuana items” means cannabinoid concentrates, cannabinoid extracts, cannabinoid products and marijuana.
7. “Marine park” means a fishing park, swimming area, boat launch, aquatic recreation area or any other area in the city owned or used by the city, and designated by city council resolution for active or passive marine recreation.
8. “Nonresidential property” means all developed property not used or intended as residential property.
9. “Park” means any publicly or privately owned real property placed under the jurisdiction of, granted to, or owned by the city, including marine parks, buildings, facilities, playing fields, and other areas used or designated for park or recreational purposes.
10. “Residential property” means developed property used or intended primarily as personal domestic domicile(s) (along with related improvements) including single-family, multifamily and group homes, but not including properties used for transient (i.e., less than 30 days) occupancies such as hotels, resorts or motels.
11. “Responsible party” means person(s) who is either by ownership or occupancy of developed property with one billing unit, or, pursuant to contract, responsible for payment of city utility services provided to that property. For any developed property with one billing unit not otherwise required to pay for city utility services, “responsible party” shall mean the owner of that property or the person(s) legally entitled to occupancy of that property, unless a person/party other than an occupant or owner has agreed to pay for the city’s utility services, in which case, they would be the responsible party. For developed property with more than one billing unit, the “responsible party” for each billing unit shall be responsible for the payment of a park fee. For example, each of the 20 billing units in a 20-unit apartment complex will be billed for and pay the park fee.
12. “Smoking” means any of the following:
a. Smoking, burning, inhaling, or exhaling of any kind of plant material including but not limited to tobacco, nicotine, marijuana items, tobacco-like products that are intended or capable of being inhaled or smoked in a heated or lighted cigar, cigarette, hookah, pipe, or any other kind of lighted smoking equipment;
b. The use of an e-cigarette which creates a vapor, in any manner or in any form; or
c. The use of any oral smoking device for the purpose of circumventing the smoking prohibition.
D. Determination of Amount, Billing and Collection of Fee. The council resolution establishing the amount of the park fee may also establish other policies and procedures for calculating, billing and collecting the park fee. The park fee will be collected from the responsible party of each billing unit on developed property in the city in a manner similar to the process used for collection of utility bills for city utility services. The city’s finance director, under the direction of the city manager, shall be responsible for the calculation and collection of the park fee. The park fee shall be billed to and collected monthly from the responsible party. This billing shall be included as part of utility bills issued for city utility services. If any particular developed property does not have city utility services, a separate monthly bill for that property will be sent the responsible party. All of these bills shall become due and payable on the same schedule as the bills issued for city utility services. Payments on any utility bill that includes a park fee charge will be applied consistent with the terms of SMC 13.200.040(E). An account is delinquent if the park fee is not paid by the due date shown on the utility bill. The city may follow the procedures for collection of delinquent accounts for any such bill, including termination of water and/or sewer services.
E. Dedicated Fund. All park fee monies shall be deposited to a dedicated fund the proceeds of which are to be used for the construction, including design, engineering, land acquisition, and site development, operation and/or maintenance of city parks and marine parks.
F. Administrative Provisions.
1. The city manager, in consultation with the public works director and finance director, has the authority to interpret all terms, provisions and requirements of this chapter, including this subsection and determine the appropriate charges thereunder.
2. A responsible party may request reconsideration of any determination on any issue by submission of a written application to the city manager. The application shall be submitted in sufficient detail to enable the city manager to render a decision on the issue presented.
3. Within 30 days of the submission of a complete application requesting reconsideration, the city manager shall issue a decision thereon. The decision of the city manager is final but reviewable consistent with ORS 34.010 to 34.100. (Ord. 18-01 § 1 (Exh. A-1), 2018; Ord. 13-05 § 1, 2013; Ord. 01-118 § 1, 2001)
12.48.020 Motorized vehicles.
Motorized vehicles, such as autos, trucks, motorcycles, mopeds, motor scooters, go-carts, etc., shall operate, stop, or park only upon designated roadways or within designated parking areas. Exceptions will include:
A. Maintenance equipment when operated by authorized personnel;
B. The loading and unloading of materials, supplies, or equipment as authorized by the parks department. (Ord. 01-118 § 1, 2001)
12.48.030 Fire.
No person shall build or maintain any fire in a park except in fire rings or fireplaces as provided by the city, or in a stove or barbecue unit where picnic areas are provided. No person shall take firewood from any park for personal use unless authorized by park officials. (Ord. 01-118 § 1, 2001)
12.48.040 Garbage and other refuse.
A. No person shall discard or dispose of any garbage or other refuse in a park except in a receptacle provided for such garbage and other refuse.
B. No person shall take any garbage or other refuse into a public park for the purpose of discarding or disposing of such garbage or other refuse. (Ord. 01-118 § 1, 2001)
12.48.050 Permit for use of designated area.
The city manager is authorized to issue permits for public use of a designated area in a park pursuant to the permit process set forth under Chapter 12.55 SMC. (Ord. 18-05 § 3 (Exh. B), 2018; Ord. 01-118 § 1, 2001)
12.48.060 Sound.
A. No person shall disturb the peace in any park between the hours of 10:00 p.m. and 7:00 a.m. For purposes of this subsection, disturbing the peace is defined as including, but not being limited to, the following:
1. Playing a musical instrument;
2. Playing a radio;
3. Shouting;
4. Engaging in any organized games.
B. No person shall use any device to amplify sound in any park unless a valid permit has been issued by the city manager under this chapter.
C. The city manager may issue a sound 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 specific hours if, according to his or her reasonable discretion, 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 manager may include conditions in such a permit which she or he deems reasonable, and may revoke a permit if the terms of the permit are violated, or may deny a permit to a person or group of persons who have violated the terms of a permit within the previous year.
D. No person who holds a valid sound permit issued by the city manager shall amplify sound within a park in violation of any conditions stated in that permit. (Ord. 01-118 § 1, 2001)
12.48.070 Hours of use – Sleeping and camping.
A. No person shall sleep in any park between the hours of 10:00 p.m. and 7:00 a.m., except as provided in subsection (C) of this section.
B. No person shall use any tent, shelter-half, motor home, vehicle, camper, or trailer as a shelter for housing or sleeping in any park area, except as provided in subsection (C) of this section.
C. The city manager may, in his or her reasonable discretion, issue permits or designate areas for the use of tents, shelter-half, motor homes, vehicles, campers, or trailers as shelters for housing or sleeping in parks for any overnight sleeping in parks between the hours of 10:00 p.m. and 7:00 a.m. The city manager may also allow park hosts of marine parks as defined under SMC 12.48.010 to stay overnight in marine parks. (Ord. 18-01 § 1 (Exh. A-1), 2018; Ord. 01-118 § 1, 2001)
12.48.080 Hours of park closure.
No person shall enter or use any park during posted hours of closure without a permit to do so from the city manager. (Ord. 01-118 § 1, 2001)
12.48.090 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 from injury to persons or property occurring as a result of the activities sponsored by permittee. The person shall be liable to the city for any and all damages to park facilities and buildings owned by the city which result from the activity of permittee or is caused by any participant in the activity. (Ord. 01-118 § 1, 2001)
12.48.100 Wildlife/hunting.
No person, without the written permission of the city manager, shall trap, harm, or destroy any wildlife inhabiting or found in a park area. It is unlawful for any person to hunt or pursue wildlife at any time, or to use, carry or possess firearms, air rifles, spring guns, bows and arrows, slings or any other form of weapon potentially harmful to wildlife and/or human safety, or any instrument that can be loaded with and fire blank cartridges or any kind of trapping device, or any weapon designated as dangerous by the laws of the state of Oregon in a city park. This section shall not apply to duly authorized city employees in the performance of their duties. (Ord. 18-01 § 1 (Exh. A-1), 2018; Ord. 01-118 § 1, 2001)
12.48.110 Flora.
No person other than a duly authorized city employee in the performance of his or her duty or persons participating in city-approved activities shall dig, remove, destroy, injure, mutilate or cut any trees, plants, shrubs, blooms, or flowers or any portion thereof growing in any park. (Ord. 01-118 § 1, 2001)
12.48.120 Marking, injuring, or disturbing any structure.
No person other than a duly authorized city employee in the performance of his or her duty shall:
A. Cut, break, injure, deface, or disturb any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment, or property in a park;
B. Mark or place any mark, writing, or printing on any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment, or property in a park;
C. Attach any sign, card, display, or similar device to any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment, or property in a park, except as authorized by permit issued by the city manager. (Ord. 01-118 § 1, 2001)
12.48.125 Smoking prohibited.
Smoking is prohibited on and around all city parks and recreation areas except for those areas as designated by the city manager or designee. This includes but is not limited to adjacent parking lots and adjacent sidewalks. (Ord. 18-01 § 1 (Exh. A-1), 2018)
12.48.127 Prohibited activities in marine parks.
In addition to other prohibitions listed in this chapter, the following activities are prohibited in marine parks:
A. Use of Alcoholic Beverages. It is unlawful for any person to possess or consume any alcoholic beverage in a marine park.
B. Sale, Possession, Use and Discharge of Fireworks. It is unlawful for any person to sell, keep or offer for sale, expose for sale, possess, use, explode or have exploded any fireworks in any marine park.
C. Swimming. No person shall swim in any area posted as a no swimming area. No person shall use a public dock for the purpose of ingress or egress while swimming in the marine park.
D. Personal Abuse. No person shall blow, spread or place any nasal or other bodily discharge or spit, urinate or defecate on the floors, walls, partitions, furniture, fittings or any portion of a public convenience station located in any marine park in the city, or in any place in such station, excepting directly into the particular fixture provided for that purpose.
E. Abuse of Plumbing. No person shall place a bottle, can, cloth, rag or metal, wood or stone substance in the plumbing fixtures in such public convenience stations.
F. Boating. It is unlawful for any person to navigate, direct or handle any boat in such a manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupants of any other boat or swimmer. (Ord. 18-01 § 1 (Exh. A-1), 2018)
12.48.128 Exclusion from parks.
A police officer may exclude any person who violates a provision of this chapter from a park for a period of not more than one year.
A. Written notice shall be given to a person excluded from the parks. The notice shall specify the dates of exclusion and shall be signed by the issuing officer. Warning of consequences for failure to comply shall be prominently displayed on the notice.
B. If a person excluded from a park is found therein during the exclusion period, that person is subject to immediate arrest for criminal trespass pursuant to state law. (Ord. 18-01 § 1 (Exh. A-1), 2018)
12.48.130 Authority of city manager.
A. Whenever this chapter makes reference to the exercise of reasonable discretion of the city manager, she or he shall take into account the use and enjoyment of the parks for the maximum number of people.
B. The city manager is authorized to establish and revise fees for permits issued in accordance with the provisions of this chapter.
C. The city manager is authorized to establish and revise fees for recreation programs.
12.48.140 Penalty.
A violation of this chapter is punishable in accordance with the general penalty provisions of SMC 1.08.010. (Ord. 18-01 § 1 (Exh. A-1), 2018; Ord. 01-118 § 1, 2001)
Code reviser’s note: This chapter has been editorially renumbered to avoid conflict with an earlier Chapter 12.44.