Chapter 4.05
REGULATION OF CITY PARKS AND PUBLIC PROPERTY
Sections:
4.05.020 Rules and regulations.
4.05.010 Definitions.
As used in this chapter, the following shall mean:
Camping. For the purpose of this chapter, “camping” shall be defined as any tent, trailer, or recreational vehicle parked on public property or public right-of-way for the expressed intention of spending the night.
“Health officer” means the Deschutes County sanitarian.
“Heritage tree(s)” means a tree that because of its age, size, type, historical association and/or horticultural value, is of special importance to the city, meets the criteria established in SMC 4.05.050(2) and has been included in an inventory contained within the urban forest management plan.
“Public property” means property owned by or under the control of the city of Sisters including, without limitation, all property leased by the city, all public utility easements, all easements to the benefit of the city, and all rights-of-way owned and/or managed by the city.
“Public tree” means any tree located on public property.
“Public works director” means the city’s director of public works or designee including, without limitation, a contract city forester. [Ord. 516 § 2 (Exh. A), 2021; Ord. 266A § 1, 1994; Ord. 266 § 1, 1994. Code 2002 § 4.01.010].
4.05.020 Rules and regulations.
The following rules and regulations shall govern and control the permitted use of all city parks and public property for use by the public unless otherwise specifically allowed in a valid public event permit:
(1) No fire shall be built, lighted or maintained within a city park or upon public property except in a camp stove, barbecue unit, or fireplace provided, maintained or designated for that purpose; excepting, however, that gasoline, alcohol, or oil camp stoves may be used in established campsites or picnic areas. No fire shall be left unattended, and all fires shall be extinguished by the user before leaving the park or public property.
(2) No person shall erect signs, markers or inscriptions of any type in a city park or public property of the city without permission of the city of Sisters.
(3) No person, while in a city park or upon public property, may operate a concession, either fixed or mobile, or engage in the business of soliciting, selling or peddling any liquids or eatables for human consumption, or hawk, peddle, or vend any goods, wares or merchandise, without permission of the city of Sisters.
(4) No dogs or pets shall be allowed in a city park or upon public property unless said animals are confined in a vehicle or kept on a leash. No animals, with the exception of seeing-eye dogs, shall be allowed in any buildings, except in specifically designated areas.
(5) No bottles, cans, ashes, waste, paper, garbage or other rubbish shall be left in a city park or upon public property except in receptacles designated for that purpose.
(6) Automobiles, trailers, or other vehicles shall be parked in designated parking areas only.
(7) No person shall set up or use a public address system in a city park or upon public property unless approved by city of Sisters. No person shall operate or use any noise producing machine, vehicle, device or instrument in such a manner that it disturbs other people in the area.
(8) No person shall ride, drive, lead or keep a horse or other animal in a city park or upon public property except upon such roads, trails or area designated for that purpose. This section shall not apply to highways, streets, roads and alleys located within the city.
(9) No person shall ride, drive or operate any motorcycle, motor bike, or motor scooter in a city park or upon public property except upon such roads, trails or areas designated for that purpose. This section shall not apply to the lawful use of highways, streets, roads or alleys located within the city.
(10) Fireworks and Firearms. No person shall use, discharge, or possess fireworks within city parks or public property unless authorized pursuant to ORS Chapter 480. No person, other than a peace officer, may fire or discharge a crossbow or gun, including spring- or air-actuated pellet gun, or a weapon that propels a projectile by use of gunpowder or other explosive, jet, or rocket propulsion in a public park. The provisions of this section shall not be construed to prohibit firing or discharging a weapon by any person in defense or protection of his property, person, or family.
(11) Fee Area. Where camping fees are required, fees must be paid within 30 minutes of first using the site, facility, equipment, or service furnished. Fees charged for the overnight parking of recreational vehicles must include the transient room tax, if any, which is charged by the city under the transient room tax ordinance.
(12) The city of Sisters is not responsible for any loss or damage to personal property.
(13) Overnight camping and/or overnight RV parking is allowed only in areas designated for that purpose.
(14) No person shall stay more than 14 days maximum in any 60-day period in any designated camping space or designated RV parking space.
(15) All parks and public places shall be open to the public between the hours of 5:00 a.m. and 11:00 p.m., except for designated camping and RV parking areas, and except where a public event permit provides for different hours of operation.
(16) Unless otherwise provided in a public event permit, no person shall possess or consume any intoxicating liquor in a public park or on public property, except any person or persons may possess or consume alcohol in a designated campsite or designated RV overnight parking space, and except any person or persons may possess or consume alcohol within city parks or on public property provided they first obtain a private use permit from the city. No person shall use, possess, or manufacture controlled substances within city parks or public property pursuant to ORS 475 et seq.
(17) Unless otherwise allowed in this chapter, no person shall operate a motor vehicle within the confines of any city park without obtaining a permit to do so or unless that person is operating the motor vehicle within the confines of the park under the direction and control of an authorized city employee. To include any damages incurred from the operation of such vehicles within the confines of the city park shall be the liability of the permittee or operator.
(18) Park equipment, such as picnic tables, etc., may be removed from a park temporarily under the direction and control of an authorized city employee. [Ord. 516 § 2 (Exh. A), 2021; Ord. 266C §§ 1, 2, 1995; Ord. 266B §§ 1, 2, 1994; Ord. 266A § 2, 1994; Ord. 266 § 2, 1994. Code 2002 § 4.01.020].
4.05.030 Exclusions.
This chapter shall not apply to any activity of a municipal or governmental agency. [Ord. 516 § 2 (Exh. A), 2021; Ord. 266B § 3, 1994; Ord. 266A § 3, 1994; Ord. 266 § 3, 1994. Code 2002 § 4.01.030].
4.05.040 Urban forestry.
(1) Purpose. The purpose of this section is to:
(a) Promote a diverse, healthy and sustainable urban forest;
(b) Enhance the livability of the city of Sisters and maintain the city’s unique character;
(c) Promote public health and safety; and
(d) Provide for the general welfare of Sisters’ citizens by effectively managing, maintaining, conserving and enhancing public trees within the city of Sisters; by providing ongoing education on proper tree planting, maintenance, removal and protection techniques; and promoting the benefits of trees and the city’s urban forest.
(2) Intent. It is the intent of the city to promote:
(a) The effective management of the urban forest resource;
(b) The planting, maintenance, restoration and survival of desirable trees within the city;
(c) The protection of community residents from personal injury and property damage; and
(d) The protection of the city from property damage caused or threatened by the improper planting, maintenance, or removal of public trees.
(3) Applicability and Jurisdiction.
(a) The provisions of this section shall apply to all public trees.
(b) The city of Sisters has jurisdiction of all public trees and may regulate the protection, planting, maintaining, removing and replacing of such trees.
(c) The public works director is authorized to:
(i) Supervise the urban forestry program.
(ii) Implement and enforce the provisions of this section.
(iii) With assistance from the urban forestry board, develop and periodically update an urban forest management plan.
(iv) Implement the approved urban forest management plan.
(v) Develop and update standards for planting, protection, maintenance and removal of public trees.
(vi) Implement and enforce code provisions concerning public trees.
(vii) Be the staff liaison to the urban forestry board.
(4) Urban Forestry Board. The urban forestry board shall function as an advisory body to the council with respect to this section and urban forestry matters generally. The urban forestry board will also have those duties and powers assigned to it under this chapter, the Sisters Municipal Code, or otherwise by resolution of the council.
(5) Removal, Pruning, Planting, or Attachment of Seasonal Holiday Lights to Nonheritage Public Trees.
(a) Written Authorization. Prior written authorization from the public works director is required for the removal, pruning, and/or planting of public trees or the attachment of seasonal holiday lights to any public tree; provided, however, removal, pruning, and/or attachment of seasonal holiday lights to any heritage tree is subject to the provisions of SMC 4.05.050.
(i) Request for written authorization shall be made at least three business days before the intended activity on the form prescribed by the public works director and subject to applicable fees established by resolution of the council from time to time.
(ii) The public works director must base any written authorization on the standards, goals, and objectives set forth in this section and the urban forestry standards and specifications.
(iii) Work done under such written authorization shall be performed in accordance with the provisions of this section and the urban forestry standards and specifications, unless otherwise authorized by the public works director.
(iv) No such written authorization shall be valid for a period greater than 90 days after the date of issuance.
(v) The public works director may impose conditions of approval of any written authorization, including, without limitation, a provision requiring the replacement of any public tree(s) removed with tree(s) appropriate to the site conditions, as determined by the public works director.
(vi) Notwithstanding anything herein to the contrary, if the public works director determines that a public tree is hazardous, the public works director may authorize immediate emergency removal or pruning of such public tree. Work shall be done in accordance with the urban forestry standards and specifications, unless otherwise authorized by the public works director. For purposes of this chapter, a tree is “hazardous” if it is dead or diseased, or poses a threat or hazard to safety, property, and/or the health of other trees including, without limitation, by presenting a risk of wildfire.
(b) Work Standards and Specifications.
(i) Activities on or near trees located on public property shall be performed in accordance with the provisions of this section and the urban forestry standards and specifications.
(ii) The public works director shall develop specifications and standards for activities affecting public trees called the “urban forestry standards and specifications,” and may further include provisions for planting, maintenance, protection, and removal of trees within the city of Sisters public works construction standards.
(A) The urban forestry standards and specifications shall include a tree selection guide; a list of tree species, varieties and cultivars thereof, approved for planting as well as those prohibited from planting on public property. Tree species, varieties and cultivars thereof, not included in the tree selection guide as approved for planting may be considered and approved by the public works director for planting. Approval shall be based upon the suitability and appropriateness, including drought-tolerance, of the tree species, variety or cultivar for the planting site.
(B) The public works director shall maintain and update these standards and specifications, as necessary. The initial urban forestry standards and specifications and subsequent amendments are subject to the approval of the council by resolution following a recommendation from the urban forestry board.
(iii) The city recognizes the American National Standards Institute A300 Standards for Tree Care Operations, most recent version, as the appropriate standard for tree care. ANSI A300 Standards shall apply to any person or entity repairing, maintaining, or preserving public trees. The city shall incorporate by reference the most recent version of the ANSI A300 within the urban forestry standards and specifications and maintain the most recent version of the ANSI A300 for public review.
(iv) Public trees with trunk, branches and/or roots located 15 feet or less from any excavation, grading, demolition or construction site, including the erection, repair, alteration, or removal of any buildings, structures, street, utilities or landscaping, shall require protection from harm and injury, as determined by the public works director. Protection measures shall be conducted in accordance with the urban forestry standards and specifications.
(c) Activities Prohibited.
(i) Unless specifically authorized in writing by the public works director, no person shall top a public tree. Authorization by the public works director to top a public tree shall be based upon the public work director’s determination that topping is necessary to alleviate a dangerous condition, including electric service interruptions, which poses an imminent threat to the public or property.
(ii) Unless specifically authorized in writing by the public works director, no person shall attach or keep attached any ropes, wires, nails, chains, or other device whatsoever to public trees, except that which is within the urban forestry standards and specifications as approved for tree support or protection.
(A) Seasonal holiday lights attached to public trees in accordance with the urban forestry standards and specifications is permissible for a period not to exceed 90 days, unless otherwise approved by the public works director.
(iii) No person shall damage any public tree; allow any gaseous, liquid or solid substance which is harmful to trees to come in contact with them; cut or carve, attach advertising posters or other contrivance; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any public tree.
(d) Requirements of City Personnel.
(i) City personnel on official business shall notify the public works director of all activities affecting public trees.
(ii) City personnel on official business shall conduct all activities in accordance with the provisions of this section and the urban forestry standards and specifications. Except that city personnel on official business are exempt from the written authorization requirement of subsection (5)(a) of this section.
(e) Requirements of Public Utility Companies.
(i) Public utility companies and their affiliates shall notify the public works director in advance of all activities affecting public trees within the city limits.
(ii) Public utility companies holding a current franchise agreement, or similar arrangement, with the city are exempt from the written authorization requirement of subsection (5)(a) of this section to the extent the provisions of the applicable franchise conflict with subsection (5)(a) of this section.
(iii) All activities shall be conducted in accordance with the urban forestry standards and specifications unless otherwise specified in the provisions of the current franchise agreement. [Ord. 516 § 2 (Exh. A), 2021].
4.05.050 Heritage trees.
(1) Purpose and Generally.
(a) The purpose of this section is to provide for the protection of trees holding special significance within the city of Sisters. The preservation of mature, native trees within the city is a preferred alternative to removal and replanting. Mature trees reduce air and water pollution, provide summer shade and wind breaks, and require less water than establishing new landscaping plants.
(b) The city finds that the ponderosa pine has a historical role in the city and dominates the landscape within the city limits. The city will prioritize ponderosa pines that meet the guidelines and criteria of this section to be considered as candidates for the heritage tree designation.
(2) Designation.
(a) The public works director, urban forestry board, council, or any individual or group of individuals interested in identifying and preserving heritage trees may nominate any public tree for “heritage” status. Nominations will be made on the form prescribed by the public works director and subject to applicable fees.
(b) Subject to the provisions contained in this section, the urban forestry board will review all nominations and may recommend to the council that any nominated tree be designated as a heritage tree.
(c) The urban forestry board will consider the following criteria in determining whether to recommend a ponderosa pine tree for the heritage tree designation: (i) the tree age should be approximately 200 years or more; and (ii) the tree size should be approximately 30 inches DBH or greater and/or more than 85 feet tall.
(d) For trees other than ponderosa pines, the urban forestry board will consider each tree on a case-by-case basis and will consider, among such other criteria and characteristics the urban forestry board deems necessary and appropriate, the occurrence (rarity) of the tree species in the city, its distribution throughout the city, its historical significance, and whether the species has a low population in the city.
(e) Upon receiving a recommendation from the urban forestry board, the council may designate a tree as a heritage tree if it finds (i) that the tree meets the criteria in this section and (ii) the tree’s health, aerial space, and open ground area for the root system have been certified as sufficient by a certified arborist.
(f) The city will maintain an inventory of all heritage trees as part of its urban forest management plan.
(3) Private Trees. A tree on private property may only be designated as a heritage tree if nominated by the applicable property owner or by a third party with the prior written consent of the applicable property owner. The nomination or consent of a property owner will bind all successors, heirs, and assigns. When a tree located on private property is designated as a heritage tree, the owner will record an instrument acceptable to the city noting that such tree(s) is subject to the regulations of this section.
(4) Protection Standards. Except as expressly provided otherwise in subsection (5) of this section, it is unlawful for any person to remove, prune, injure, and/or otherwise tamper with any heritage tree without the prior written approval of the urban forestry board. The public works director will be responsible for and maintain all heritage trees located on public property. Heritage trees on private property are the responsibility of and will be maintained by the property owner.
(5) Heritage Tree Removal and Pruning.
(a) No person will remove, prune, injure, and/or otherwise tamper with a heritage tree unless the urban forestry board determines that either (i) the tree is hazardous or (ii) removal of the tree is necessary for completion of a public project including, without limitation, street, water, sewer, stormwater, public building, or park projects. Prior to taking any proscribed action against any heritage tree, the applicant will provide a report to the urban forestry board from a certified arborist or other qualified professional to determine whether the subject tree is hazardous or likely to interfere with construction of the public project. Such report must identify any possible treatment to avoid pruning or removal. For purposes of this chapter, a tree is “hazardous” if it is dead or diseased, or poses a threat or hazard to safety, property, and/or the health of other trees including, without limitation, by presenting a risk of wildfire.
(b) Upon receiving a request to remove a heritage tree, the urban forestry board will hold a public hearing to determine whether pruning, removal, or other action is in the city’s best interest.
(c) Notwithstanding anything herein to the contrary, in an emergency, as determined by the public works director, the public works director may authorize the pruning, removal, or other action affecting a heritage tree without the authorization of the urban forestry board.
(d) Notwithstanding anything herein to the contrary, in an emergency, and only after reasonable efforts to obtain the authorization of the public works director, a property owner may prune, remove, or take other action affecting a heritage tree on private property without authorization by the urban forestry board or public works director, but only as necessary to abate an immediate danger. Any additional work will be performed subject to the requirements of this section.
(6) Removal of Designation. The urban forestry board may recommend to council whether the heritage tree designation should be removed from a tree. The council may remove the designation if it finds that the designation is no longer necessary or appropriate, the tree is hazardous, and/or the tree no longer meets the criteria as a heritage tree under subsection (2) of this section. [Ord. 516 § 2 (Exh. A), 2021].
4.05.060 Penalties.
Each violation of this chapter and each separate day that a violation persists is a separate offense. Except as otherwise provided in SMC 4.05.040, each offense is punishable by a fine of no less than $200.00, but no more than $1,000. Nothing herein shall preclude city from concurrently or consecutively seeking any other remedy available at law or equity nor preclude a separate civil action for damage to or wrongful use of public property.
In addition to any other penalty, remedy, or cause of action available to city, if the injury, mutilation, or death of a public tree or heritage tree is caused by a violation of this chapter, the cost of repair or replacement of such tree, of similar size, shall be borne by the party in violation. If repair or replacement is not feasible, the violator will pay a fine in the amount of the replacement value, which replacement value shall be determined by the city in accordance with the latest edition of Guide for Plant Appraisal, authored by the Council of Tree and Landscape Appraisers. [Ord. 516 § 2 (Exh. A), 2021; Ord. 266A § 4, 1994; Ord. 266 § 4, 1994. Formerly 4.05.040].
4.05.070 Appeals.
Any written decision related to SMC 4.05.040 by the public works director may be appealed to and heard by the urban forestry board. To be effective, an appeal shall be filed within 14 days after the date of the written decision of the public works director on the form prescribed by the public works director along with payment of applicable fees. The appeal shall be in writing and shall be filed with the public works director. The appeal shall clearly specify the bases for the appeal. The urban forestry board shall conduct a hearing on the appeal and render its decision in writing. Any written decision of the urban forestry board may be appealed to the council. To be effective, an appeal to the council must be filed with the city recorder on the form prescribed by the city recorder within 14 days after the date of the written decision of the urban forestry board along with payment of applicable fees. After a hearing, the council shall render its decision, which shall be final. The appeal must be in writing and shall clearly specify the bases for the appeal. [Ord. 516 § 2 (Exh. A), 2021].