Chapter 12.10
CITY PARKS
Sections:
12.10.030 Prohibited smoking and tobacco use.
12.10.050 Exclusion from park.
12.10.070 Violation – Penalty.
12.10.010 Definition.
(1) “Electronic smoking device” (or “ESD”) means any electronic product that delivers nicotine or any other substance to the person inhaling from the device, including, but not limited to, an electronic cigarette, e-cigar, e-pipe, vape pen or e-hookah. Electronic smoking device includes any component, part, or accessory of such a product, whether or not sold separately.
(2) “Park” means:
(a) Any land owned or leased by the city of Veneta and designated as a park by the city council;
(b) Any city owned or managed parks and recreational facilities; and
(c) All public parks, trails, open space, and special use areas, such as sport fields, basketball courts, and swimming pools, including spectator areas and bleachers.
(3) “Smoke” and “smoking” mean inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, weed, plant, or other tobacco-like product or substance in any manner or in any form. “Smoke” and “smoking” also include the use of an electronic smoking device which creates an aerosol, in any manner or in any form. A lighted smoking instrument includes an activated or “switched on” ESD. (Ord. 520 § 1(A), 2015; Ord. 485 § 1, 2008)
12.10.020 Park hours.
All city parks will be open between the hours of 6:00 a.m. and 6:00 p.m. from October 1st through April 30th (winter) and between the hours of 6:00 a.m. and 10:00 p.m. from May 1st through September 30th (summer).
No person shall be in a city park except during the hours stated in this section or when a permit has been issued by the city administrator or public works superintendent under Chapter 10.05 VMC, Article IV. (Ord. 485 § 2, 2008)
12.10.030 Prohibited smoking and tobacco use.
No person may chew any tobacco or tobacco product, or smoke or carry any lighted smoking instrument, in any park or within 10 feet of the boundary of any park. (Ord. 520 § 1(B), 2015; Ord. 485 § 3, 2008)
12.10.040 Glass containers.
No person may bring glass containers into the areas described in VMC 12.10.030. (Ord. 485 § 4, 2008)
12.10.050 Exclusion from park.
(1) Any police officer or city employee, in connection with their duties imposed by law, shall have the authority to exclude from all or any part of a public park any person who violates any provision of this chapter, any other provision of the Veneta Municipal Code, or any law of the state of Oregon.
The excluded person need not be charged, tried, or convicted of any crime or infraction in order for exclusion noticed to be issued or effective. The exclusion may be based upon the observation of the police officer or city employee, or upon the type of civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause.
(2) The exclusion period shall be as follows:
(a) For a period not exceeding one year, if the offense is a felony.
(b) For a period not exceeding 30 days, for a first offense which is not a felony.
(c) For a period not exceeding six months, for a second offense which is not a felony.
(3) Written notice signed by the issuing party shall be issued to the person excluded. The notice shall specify the reason for the exclusion, the places and duration of exclusion, the consequences for failure to comply with the notice, and appeal rights. The notice shall be given either by personal delivery or by certified mail with return receipt requested. Unless otherwise expressly set forth in the notice, the exclusion shall commence immediately upon delivery of the notice to the excluded person.
(4) The city administrator is authorized to prepare a form of notice to be used in connection with excluding a person from a park, and to include such other information as is considered necessary for administrative purposes.
(5) A person excluded under this section may not enter or remain upon any part of the park from which the person is excluded during the period of exclusion. An excluded person who enters or remains upon any part of the park from which the person has been excluded is a trespasser and may be arrested and prosecuted as such.
(6) A person receiving an exclusion notice may seek a hearing before the city administrator of the city of Veneta or his designee to have the notice rescinded or shortened. The request for a hearing must be delivered to the city of Veneta administrative offices within seven days after issuance of exclusion notice. A hearing should be scheduled within seven days of the request.
(7) At the appeal hearing, the violation must be proved by a preponderance of the evidence in order to uphold the exclusion notice. The city administrator or his designee may consider information that would not be admissible under the evidence rules in a court of law but which the city administrator or his designee considers relevant and trustworthy.
If the violation is proved, the exclusion notice shall be upheld; but upon good cause shown, the city administrator or his designee may shorten the duration of the exclusion. If the violation is not proved by a preponderance of the evidence, the notice shall be rescinded.
(8) The exclusion shall remain in effect during the pendency of any administrative or judicial proceeding.
(9) No determination of facts made by a person conducting a hearing under this section shall have any collateral estoppel effect on the subsequent criminal prosecution or civil proceeding, and shall not preclude litigation of the same facts in a subsequent criminal prosecution or civil proceeding. (Ord. 485 § 5, 2008)
12.10.060 Posting of rules.
The city administrator may cause signs to be posted at city parks giving notice of these park rules. (Ord. 485 § 6, 2008)
12.10.070 Violation – Penalty.
(1) Except as otherwise provided, a violation of this chapter is punishable by a fine not to exceed $500.00. Each violation of a provision of this chapter shall constitute a separate offense, and each day that a violation of this chapter is committed or permitted to continue shall constitute a separate offense. In addition to any other forfeiture, remedy, order or penalty provided by law or city ordinance, the court, upon a determination of a violation, may order the exclusion of a person from a park or any portion thereof for a period of up to one year.
(2) The remedies provided by this chapter for violations are cumulative and the pursuit of one remedy shall not preclude the use of another. In addition, where an offense defined under this section is also punishable under state law or Veneta ordinance, the use of a remedy or remedies provided by this chapter shall not be construed as an election of remedies or otherwise preclude the use of additional or alternative remedies or penalties provided by law. (Ord. 485 § 7, 2008)