Chapter 8.20
WATER PURITY*
Sections:
8.20.080 Exclusion from city watershed.
* Code reviser’s note: See also Chapter 9.24 SHMC.
8.20.010 Definitions.
As used in this chapter, the singular includes the plural, the plural includes the singular, and the masculine includes the feminine. Except where the context indicates otherwise, the following definitions apply:
(1) "City" means the city of St. Helens, Oregon.
(2) "Person" means an individual, corporation or other legal business entity.
(3) "Watershed," "watershed property," or "watershed properties" means any property owned, acquired, occupied, or controlled by the city of St. Helens, whether inside or outside the city limits, that is used or intended for any of the following uses: waterworks, reservoirs, water systems, city water supply, emergency water supply, storage and care of the water supply, and all property acquired or maintained for the preservation and protection of the purity of the city water supply, or for recreational use. The watershed also includes all property owned or possessed by the city that constitutes a source, or possible source, of the water supply such as springs, creeks, pipes, rivers, streams, tributaries, and lakes, including specifically Salmonberry, and all property draining into such sources of the water supply. Said watershed properties include specifically, but are not limited to, the following real property outside the city limits of the city of St. Helens: Columbia County Tax Lots 5-2-8-02000, 5-2-15-00200, 5-2-16-00200, 5-2-20-00100, 5-2-21-00100, 5-2-22-00200, 5-2-27-02400, 5-2-28-00100, 5-2-29-01300, and 5-2-33-00100, comprising approximately 2,355 acres. The property described by the tax lots is illustrated by Exhibit A, which is attached to the ordinance codified in this chapter and made a part hereof by this reference. (Ord. 3000 § 2, 2006)
8.20.020 Prohibitions.
(1) Except as provided in SHMC 8.20.060, it is unlawful for a person to enter or remain in the watershed without an entry permit issued by the city of St. Helens in their personal possession.
(2) It is unlawful for a person with or without an entry permit to enter or remain in the watershed in violation of the permit prohibitions and rules specified on the reverse side of the permit and in this section.
(3) It is unlawful for a person to enter or remain in the watershed in violation of any state statute, state regulation, county or city ordinance, the specific prohibitions, terms and conditions of this chapter, or the terms and conditions of an entry permit.
(4) It is unlawful for a person to enter or remain in the watershed between dusk to dawn, without a valid entry permit that has special use authorization obtained from the city of St. Helens.
(5) It is unlawful for a person to enter or remain in the watershed, with or without a permit, when there is a posted fire danger or a declared emergency.
(6) It is unlawful for a person to operate a motor vehicle, including but not limited to a truck, car, van, motorcycle, quad, camper, any type of recreational vehicle, or any other form of motorized vehicle on the city watershed properties. A motor vehicle used in violation of this section will be subject to towing and impoundment under Ordinance 2373, as amended (Chapter 8.40 SHMC). Ordinance 2373 as amended is expressly understood to be extra-territorial in its application by this reference. Notwithstanding the prohibitions of this section, the city will make reasonable accommodation of handicapped visitors upon reasonable notice to the city administrator, and upon issuance of an entry permit.
(7) It is unlawful for a person to discard or deposit any rubbish, trash, garbage, debris, animal waste, animal carcass, or other refuse in the watershed.
(8) It is unlawful for a person to discard any glass, cans, trash, rubbish, debris, litter, or substance in the watershed within 100 yards of any body of water which could cause pollution or endanger the purity of the lakes, springs, streams, dams, creeks, or tributaries in the watershed.
(9) It is unlawful for a person to light or maintain a fire of any kind, including but not limited to campfires, smoking, and torches, while in the watershed.
(10) It is unlawful for any person to possess any explosive or fire accelerant, including but not limited to dynamite, fireworks of any kind, gasoline, oil, propane, or butane while in the watershed.
(11) It is unlawful for any person to possess a firearm or weapon in the watershed without a valid entry permit with special use authorization that allows entry for hunting purposes during a regular hunting season as specified in the Oregon Department of Fish and Wildlife Big Game and Game Bird Regulations. Notwithstanding this provision, any discharge of a firearm or weapon unrelated to hunting and any discharge of a firearm or weapon in posted boundary zones marked as no-shooting zones is expressly prohibited. Weapons include any spring- or air-actuated pellet gun, air gun, BB gun, crossbow, bow and arrow, or blowgun.
(12) It is unlawful for any person to kill, injure, or remove any animal, fish, or fowl from the watershed without a valid entry permit with special use authorization and the appropriate state-issued license and tag.
(13) It is unlawful for any person to possess, sell or consume any alcoholic beverage, intoxicant or controlled substance in the watershed.
(14) It is unlawful for any person to: (a) post a sign of any kind, (b) construct a building or structure of any kind, or (c) attach a sign or structure to any tree, shrub, railing, fountain, post, statue, bridge, monument, or any other structure located in the watershed.
(15) It is unlawful for any person in the watershed to solicit or conduct any business, or solicit contributions, without an approved concession agreement between the vendor and the city.
(16) It is unlawful for any person to cut, burn, damage, or remove any forest product, including firewood, while in the watershed.
(17) It is unlawful for any person to alter, change, deface, destroy, or remove any structure, sign, warning, notice, gate, or lock that was implemented, posted or maintained by the city or its duly authorized agents in the watershed. (Ord. 3000 § 3, 2006)
8.20.030 Exceptions.
The prohibitions of SHMC 8.20.020 do not apply to government officials entering the property in the performance of their lawful duties, including, but not limited to, authorized law enforcement officers, Oregon Department of Fish and Wildlife employees, Oregon Department of Forestry employees, Columbia River Fire and Rescue, emergency service personnel, city employees, or city contractors. (Ord. 3000 § 4, 2006)
8.20.040 Permits.
A permit specifying the location to which it applies shall be issued by the city free of charge to individuals that complete and sign the permit application. The signature required on the application certifies the information provided is true and correct and is made under the penalty of perjury and false swearing. By signing the permit application the individual also acknowledges receipt of the rules and regulations that govern entry by permit. Falsification of entry applications will be prosecuted. Entry permits may be obtained from St. Helens City Hall, 265 Strand Street, St. Helens, Oregon 97051 between 8:30 a.m. and 12:00 p.m. and between 1:00 p.m. and 5:00 p.m. Monday through Friday, excluding legal holidays. Entry permits with special use authorization (overnight camping, hunting, etc.) may only be obtained from City Hall. Entry permits may also be obtained from other authorized locations. All entry permits will be ineffective and entry upon the property will not be permitted when there is fire danger, or when the city council, the mayor, or his designee specifies that entry shall not be permitted pursuant to the city emergency operations ordinance (Chapter 2.48 SHMC) or other declared emergency. The city may deny an application for an entry permit to persons that: (1) have been convicted of any crime or any game violation in any jurisdiction, or (2) are on a current release agreement concerning any fish and game offense, property crime, or any controlled substance manufacturing offense. (Ord. 3000 § 5, 2006)
8.20.050 Group permits.
Issuance of a group permit requires that all persons to which the group permit will apply be identified on the permit application, and each person must meet the minimum qualifications for issuance given in SHMC 8.20.040. Group permits are limited to two adults per permit and an unlimited number of juveniles. An adult and/or juvenile named on the permit shall be deemed to be in possession of a permit allowing entry if they enter the watershed accompanied by the other adult and one of the adults has personal possession of a permit. (Ord. 3000 § 6, 2006)
8.20.060 Enforcement.
State laws are enforced in the watershed by the state police and other law enforcement agencies. The city police may also cite violators for violations of state law, and violations of this and other city ordinances. Crimes and violations created by city ordinance require appearance in St. Helens municipal court. In addition, any city enforcement officer may cite violators for civil violations to appear in St. Helens municipal court and/or refer violators to the St. Helens police department or prosecuting attorney. The prosecuting attorney shall designate the appropriate mental state on the complaint for criminal violations of this chapter.
The following are listed "enforcement officers" and are hereby specifically authorized by law to make such investigations and inspections as are necessary to enforce the provisions of this chapter, and to issue violation citations to individuals or entities to appear in the St. Helens municipal court:
(1) Any city police officer, city code enforcement officer, city building official, city planning administrator, city administrator, city engineering manager, or supervisory employee of the city public works/parks department and such other employees of the city of St. Helens as are specifically identified in an order or resolution of the city council. (Ord. 3000 § 7, 2006)
8.20.070 Penalties.
(1) Violations of this chapter are punishable as set forth in Schedule A attached to the ordinance codified in this chapter, incorporated and made a part hereof by this reference.
(2) The fine for any business entity shall be double the misdemeanor or violation fine specified for an individual that is provided in the criminal, vehicle, or violation codes adopted by city ordinance, or as specified in this chapter.
(3) Any offense noted herein which constitutes a criminal, vehicle or violation code offense shall be punishable as set forth in the Oregon Criminal, Vehicle or Violation Codes adopted by reference by city ordinance. Any offense not specifically classified in this chapter shall be considered a class C misdemeanor.
(4) In addition to any fines imposed by the court, the court is specifically authorized to order abatement and restitution, as well as community service, as appropriate for the level of violation or crime.
(5) Each day’s violation of any section, subsection, paragraph, or clause shall constitute a separate offense. (Ord. 3000 § 8, 2006)
8.20.080 Exclusion from city watershed.
Any authorized law enforcement officer, peace officer, or city enforcement officer may exclude any person who violates any applicable provision of law from the city watershed property for a period not to exceed 120 days. For purposes of this chapter, "applicable provision of law" includes any applicable provision of this chapter, other city ordinance (including criminal laws and vehicle codes), applicable federal, state law or regulation, or rule, regulation, order or permit issued by the city council.
(1) Written notice shall be given to any person excluded from the city watershed property. Such notice shall specify the dates and places of exclusion. It shall be signed by the issuing party, and a warning expressing the consequences for failure to comply shall be prominently displayed on the notice.
(2) A person receiving such notice may appeal to the chief of police, to have the written notice rescinded or the period shortened. The appeal notice shall specify the relief sought and the reason for said relief. An appeal must be filed with the chief of police within five days of receiving notice. This is a jurisdictional requirement. The chief of police or his designee (i.e., a hearing officer) shall uphold the exclusion if, upon de novo review, the preponderance of the evidence convinces the chief or his designee that, more likely than not, the person in fact committed the violation, and that the exclusion is otherwise in accordance with law. If an appeal of the exclusion is timely filed under this section, the effectiveness of the exclusion shall be stayed, pending the outcome of the appeal. If the exclusion is affirmed, the remaining period of the exclusion shall be effective immediately upon issuance of the written decision.
(3) Nothing in this section shall be construed to authorize the exclusion of any person lawfully exercising free speech rights or other rights protected by the Constitution of the state of Oregon or the Constitution of the United States of America. However, a person engaged in such protected activity who commits acts that are not protected, in violation of applicable provisions of law, shall be subject to exclusion as provided by this section.
(4) This section is in addition to, and not in lieu of, any other ordinance or law. No person shall enter or remain on the city watershed property at any time during which there is in effect a notice of exclusion issued under this section excluding that person from the watershed property. Entrance in violation of an exclusion order shall result in trespass, a class C misdemeanor. (Ord. 3000 § 9, 2006)