Ord. 2626 - Establishing Rules of Conduct for Use of Parks and Recreation Facilities COUNCIL BILL NO. 3249
ORDINANCE NO. 2626
AN ORDINANCE ESTABLISHING THE RULES OF CONDUCT FOR THE USE OF PARKS AND
RECREATION FACILITIES;PROVIDING FOR ENFORCEMENT PROCEDURES, AND REPEALING
ORDINANCE NO. 2060
WHEREAS, Woodburn Recreation and Parks Facilities are supported by
taxpayers who expect these facilities to be a comfortable and secure place for
exercising, recreating, connecting with community, and engaging with nature;
and
WHEREAS, the City is responsible for establishing rules of conduct to protect
the rights and safety of all Recreation and Parks users and to preserve and protect
City Parks and Recreation facilities; and
WHEREAS, the City has a strong commitment to reasonable access to
Recreation and Parks Facilities for a variety of uses; and
WHEREAS, the City intends for the Recreation and Parks rules to be enforced
in a fair and reasonable manner for the comfort and protection of all who use
these facilities; and
WHEREAS, in instances where it is necessary, City staff and/or Woodburn
Police Officers will intervene to stop prohibited activities and behaviors; and
WHEREAS, failure to comply with the Recreation and Parks rules could result
in removal from the premises and exclusion from these facilities; and
WHEREAS, this Ordinance provides adequate due process so that the rights
of the persons subject to its provisions will be fully protected consistent with
applicable law; NOW THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Policy. The City of Woodburn may develop, construct,
improve, operate and maintain park and recreation facilities in a manner
which will best afford the public with necessary conveniences and
accommodations. In order to protect the health, safety and well-being of the
public, and ensure the greatest use and benefits from such areas, it is
necessary to make regulations and provisions the City Council deems
necessary.
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Section 2. Definitions.
(A) Board. The Woodburn Recreation and Parks Board.
(B) Council. The Woodburn City Council.
(C) Director.The person hired by the City of Woodburn who is in charge
of the Community Services Department of the City of Woodburn or their
designee.
(D) Park Area. A City Park, wayside area, community rest areas, scenic
or historical areas, public park open spaces and greenbelt areas.
(E) Recreation Facility. Any City owned or operated facility the primary
purpose of which is to provide recreational opportunities to the community.
(F) Park Employee. Any employee of the City of Woodburn
Community Services Department.
(G) Person. A natural person, firm, partnership, association, or
corporation.
Section 3. Authority.
(A) In addition to other measures provided for by law, any peace
officer, as defined by ORS 133.005(3) as amended, any City of Woodburn
Community Services Officer, or any City of Woodburn Park Employee, may exclude any
person under the procedures set out under Section 12 of this ordinance, who
they have reasonable cause to believe has violated any provision of this
Ordinance, any City ordinance, any state or federal law, or any rule or regulation
duly made and issued by the Community Services Director or the City Council,
from any City park or Recreation Facility.
(B) Pursuant to Section 11 of this ordinance, any peace officer, as
defined by ORS 133.005(3) as amended, or any City of Woodburn Community
Services Officer, may issue a civil infraction citation for a violation of this
ordinance.
Section 4. General Rules and Regulations. The general rules and regulations
for City of Woodburn Parks and Recreation Facilities shall be as follows:
(A) No person shall build a fire in any park area unless said fire is
confined to:
(1) Park camp stoves and fireplaces.
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(2) Portions of parks designated as permitting fires.
(3) Portable stoves in established picnic areas and designated
where fires are permitted.
(4) No fire shall be left unattended, and every fire shall be
extinguished before its user leaves the park area.
(5) Notwithstanding Section 4 Subsection (A)(])-(4) above, no
person shall build a fire when an official burn ban has been issued
by Marion County or when a red flag warning is in effect for
Marion County. During such times, the use of portable stoves and
propane barbeques is permitted provided that they are used in
designated picnic areas and are attended at all times.
(B) No person in a park area shall hunt, pursue, trap, kill, injure or molest
any birds or animals or disturb their habitat.
(C) No person shall pick, cut, mutilate or remove from any park area
flowers, shrubs, foliage, trees, plant life, barkdust, or products of any type without
the written permission of the Director.
(D) No person shall erect signs, markers, or inscriptions of any type within
a park area without permission from the Director.
(E) No person in a park area shall sell, peddle or offer for sale any food
liquids, edibles for human consumptions, or any goods, wares, service or
merchandise within the park area except under permit by the Director, and then
only subject to such laws and regulations as may now or hereafter exist.
(F) No person shall drive, lead or keep a horse or other farm animal in
any park area, except on such roads, trails or other areas designated for that
purpose. No horse or such animal shall be hitched to any tree or shrub in such
manner that may cause damage to such tree or shrub. The only exception to this
rule would be during a parade line-up or a special event, and only after
obtaining written permission from The Director. This prohibition exempts duly
authorized peace officers and Community Services Officers carrying out the
course of their duties.
(G) No person shall wash any clothing, materials, or other substances, or
clean any fish in a park area or in a lake, stream or river, in a park area.
(H) No person shall use park sinks, other than those provided in public
restrooms, for personal hygiene. Faucets, drinking fountains, hose outlets and
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hydrants shall not be used for this purpose.
(1) No person shall clog picnic shelter sinks in a park area with food,
debris, grease or any other substances.
(J) No person shall camp in a park area except by written approval of
the Director.
(K) The Director may restrict to designated zone areas certain activities,
including but not limited to, swimming, picnicking, group picnicking, boating,
water skiing, fishing, camping, group camping, hiking and horseback riding.
(L) No person shall enter or remain in a park area anytime between one
half hour after sunset to one half hour prior to sunrise. This Section shall not apply
to:
(1) Persons attending an event for which a permit has been issued.
(2) Participants or spectators of athletic events in park areas
lighted for these events.
(3) Persons attending events sponsored by the City.
(4) Persons using approved lighted athletic facilities, during lighted
hours. This does not include use of facilities lit by security lighting
outside of daylight hours.
(M) No person shall have in their possession, any alcoholic beverages or
intoxicating liquor, or consume such liquor while in a park area except that the
use of alcoholic beverages may be permitted in Centennial Park in compliance
with a Special Event Park Use Permit where the city has issued the permit and the
premises have been licensed for the service of alcoholic beverages by the
Oregon Liquor Control Commission.
(N) Nothing in this ordinance shall in any manner restrict the authority of
the City of Woodburn to enforce all State statutes and City Ordinances relating
to the use and control of alcoholic beverages.
(0) The Council, City Administrator or The Director shall have the
authority to close a park area or a portion of a park area to the public at any
time and without notice for any reasonable and necessary circumstance
including, but not limited to, construction and maintenance in the park area and
for the existence of a hazardous condition.
Section 5. Fees. Fees may be charged for certain services and
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privileges, and for the use of designated areas, buildings or facilities. No
person shall enter or use such areas, buildings, services, or facilities, or to be
granted those privileges unless the appropriate fee or fees have been paid.
Section 6: Reservations and Special Events.
(A) Outdoor Facilities Rental Application.
(1) Groups seeking to reserve park sites shall submit an Outdoor
Facilities Rental Application to the City of Woodburn Community
Services Department at least two weeks before the proposed
reservation. The Outdoor Facilities Rental Application is required
in the following circumstances:
i. To guarantee use of a particular site.
ii. If the proposed use requires setting up any mobile
equipment (barbeque grills, chairs, tables, canopies,
sporting equipment.)
iii. If the proposed use involves any commercial activity.
iv. If the total number of attendees will exceed twenty-five
(25) individuals.
(2) If a conflict exists between two parties wherein one party has
applied for and received a permit for use of a site and the other
party has not, the party which has applied for and received the
permit shall have priority over the other party for use of the site for
the date and time indicated on the permit.
(3) Groups holding an approved Outdoor Facilities Rental
Application shall abide by the rules and guidelines outlined on the
application. Failure to abide by the rules and guidelines may
result in penalties or exclusion as outlined in Sections 11 - 14 of this
ordinance.
(B) Permits required for organized activities.
(1) Groups seeking to use park sites or facilities for organized
activities, including but not limited to organized sporting activities,
shall submit a Field Use Rental Request Form to the City
Community Services Department within two weeks of the
proposed activity. The Field Use Rental Request Form is required
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in the following circumstances:
i. For any activity where the total number of attendees will
exceed twenty-five (25) individuals.
H. For all organized sporting activities including but not limited
to league activities, activities sponsored by nonprofit
organizations, sporting camps, practices, tournaments, or
any similar activities.
(2) If a conflict exists between two parties wherein one party has
applied for and received a permit for use of a site and the other
party has not, the party which has applied for and received the
permit shall have priority over the other party for use of the site for
the date and time indicated on the permit.
(3) Groups holding an approved Field Use Rental Request shall abide
by all the rules and guidelines outlined in the agreement. Failure
to abide by the rules and guidelines may result in penalties or
exclusion as outlined in Section 11 - 14 of this ordinance.
(C) Special Event Permits.
(1) The purpose of a Special Event Permit is to facilitate the process
of administering large events that offer a valuable public purpose
such as the promotion of tourism and / or economic
development, or the provision of recreational, informational, or
enriching activities that benefit the greater Woodburn
community. Such permits shall be required for events that will
attract more than 1 ,000 visitors or require exclusive use of a City
Park and shall be issued only for events in Legion Park, Settlemier
Park, Downtown Plaza and Centennial park.
(2) Groups seeking to sponsor an event requiring a Special Event
Permit shall submit a Special Event Permit Application to the City
Community Services Department.
(3) Groups holding an approved Special Event Permit shall abide by
the Special Event Policies established by the Community Services
Department and Adopted by City Council on May 11 , 2009.
Failure to abide by the Special Event Policies will result in suspension
or cancellation of the Permit.
Section 7. Rules of Conduct. The Community Services Department may
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adopt administrative rules for the conduct of persons participating in City
Programs in Park Areas and Recreation Facilities. All persons participating in
City Programs shall be registered. The Rules of Conduct shall be administered
by the Director, or a park employee.
Section 8. Animals.
(A) Persons owning, keeping or harboring a dog within a park area
are responsible for the dog's behavior and shall comply with the following
regulations:
(1) A dog shall be on a leash not more than (8) feet in length, or
confined in a vehicle at all times, except dogs in off-leash dog
areas designated by the Director.
(2) Any dog found by the Municipal Judge to be a dangerous
dog pursuant to Ordinance 2434 (the Animal Control
Ordinance) shall not be permitted.
(3) A dog may not deposit solid waste matter on any park
property unless the person owning, keeping, or harboring the
dog immediately removes the solid waste.
(B) The Director or a park employee may require a person in charge
of any animal to undertake any measure, including the removal of an animal
from the park area to prevent interference by the animal with the safety,
comfort or wellbeing of park area visitors or resources.
(C) No farm animal, including, but not limited to, horses, cattle, sheep
and goats is allowed in a park area except by permission of the Director, or
as provided for in Section 4(F) of this Ordinance.
Section 9. Glass Beverage Containers. Except by written authorization
from the Director or designated park employee, no person shall possess a
beverage container made of glass in any park area.
Section 10. Additional Prohibited Activities. In addition to any other
prohibitions in this ordinance, no person in a park area shall:
(A) Set up or use a public address system without the written permission
of the Director.
(B) Operate or use any noise producing device such that it is plainly
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audible 100 feet or more from such device or violates Woodburn Ordinance
No. 2312 (regulating noise). Exceptions to this prohibition may be granted by
written permission from the Director.
(C) Use a metal detector without the written permission of the
Director.
(D) Play sports or engage in other recreational activities in areas
designated by the Director as unavailable for those activities.
(E) Overcrowd persons or vehicles so that necessary access to
emergency vehicles is unavailable. Vehicles improperly parked will be towed
at owners expense.
(F) Operate any remote-controlled electric or internal combustion
powered vehicle, watercraft or aircraft, in, on or over any City Park or facility,
except in such places the Director may designate for such use or with special
permission from the Director.
(G) Operate a motorized vehicle or any remote-controlled electric or
internal combustion powered vehicle in areas signed as off limits to the general
public or areas designated for official use.
(H) Operate a Class 3 e-bike. Class 1 and Class 2 e-bikes may be
operated in the same manner as a regular bicycle but shall only be allowed on
paved paths.
Section 11. Penalty.
(A) Any violation of this ordinance constitutes a class 4 civil infraction
and shall be dealt with according to the procedures established by Ordinance
1998.
(B) Notwithstanding Section 11, Subsection (A) of this ordinance, which
provides that a violation of the park rules established by this ordinance
constitutes a class 4 civil infraction, any violation of the terms and conditions of a
Special Event Park Use Permit by the permittee shall constitute a class 1 civil
infraction and shall be dealt with according to the procedures established by
Ordinance 1998, the civil infraction ordinance.
Section 12. Exclusions.
(A) No person shall enter or remain in a City park or recreation facility at
any time that a Notice of Exclusion issued under this ordinance excluding that
person from that City park or facility is in effect.
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(B) Except as provided for in Section 12(C)-(D) of this ordinance, a
Notice of Exclusion shall be for thirty (30) days, ninety (90) days, or one hundred
eighty (180) days, depending on the severity and frequency of the offense. If the
person to be excluded violates the exclusion by returning to the facility from
which they were excluded at any point during the exclusion period or commits a
second exclusionary act within a year of the initial exclusion, a second Notice of
Exclusion shall be issued for double the length of the initial exclusion. Subsequent
exclusionary acts may result in a one-year exclusion. Additionally, an excluded
person who returns to the facility from which they have been excluded during
the exclusion period may be subject to arrest and prosecution for Criminal
Trespass in the Second Degree.
(C) When there is reasonable cause to believe that a person has
committed any of the following acts on the premises of a City park or recreation
facility, a Notice of Exclusion may be issued, excluding the person for up to one
(1 ) year, and the person shall be directed to leave the park or facility, without first
being given a warning:
(1) Any activity that may constitute a violation of any federal or state
criminal law.
(2) Engaging in sexual conduct, as defined under ORS 167.060.
(3) Engaging in public indecency as defined in Woodburn
Ordinance No. 1900.
(4) Exposing one's genitals in a manner that would reasonably be
expected to alarm or annoy another person.
(5) Depositing bodily fluids or excrement on any City property
including, but not limited to, equipment, furnishings, walls, and
flooring.
(6) Engaging in physical altercations, including assault or fighting, or
engaging in threatening behavior that creates a hostile
environment.
(7) Possessing or handling a firearm, knife, or other deadly or
dangerous weapon in violation of state law.
(D) When there is reasonable cause to believe that a person has
committed any of the following acts on the premises of a City park or recreation
facility, a Notice of Exclusion may be issued with or without a prior warning and a
reasonable opportunity to desist from the violation:
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(1) Possessing or consuming any alcoholic beverages or exhibiting
signs of being under the influence of alcohol, except as provided
for in Section 4(M) of this Ordinance.
(2) Possessing, consuming, or exhibiting signs of being under the
influence of any controlled substance in violation of ORS Chapter
475.
(3) Engaging in conduct that unreasonably disrupts or interferes with
the normal operation of the park or facility.
(4) Using park or facility materials, equipment, furniture, fixtures, or
buildings in a manner inconsistent with the customary use thereof;
or in a destructive, abusive or potentially damaging manner, or in
a manner likely to cause personal injury to the actor or others.
(5) Soliciting, petitioning, distributing written materials or canvassing
for political, charitable or religious purposes outside of reasonable
time, place, and manner restrictions established by the
Community Services Director, City Administrator, or City Council.
(6) Interfering with the free passage of staff or patrons, including but
not limited to, placing objects such as bicycles, skateboards,
backpacks or other items in a manner that interferes with free
passage.
(7) Operating bicycles, roller skates, skateboards, scooters or similar
equipment in a manner whereby a hazard, property damage, or
personal injury could be created by their use.
(8) Smoking, vaping, or other use of tobacco in violation of
Woodburn Ordinance No. 2574.
(9) Violating Section 8 of this ordinance (pertaining to animals in City
parks).
(10) Improperly using restrooms, including but not limited to,
bathing, shaving, washing hair and changing clothes, and other
activities listed in Section 4(G)-(I) of this ordinance.
(11) Using personal electronic equipment in violation of Section
10(A)-(B) of this Ordinance and Woodburn Development
Ordinance No. 2312 (regulating noise).
(12) Failing to leave the park at closing time or remaining in the
park in violation of Section 4(L) of this ordinance.
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(13) Failing to comply with any other rule or regulation established
in this ordinance.
(E) A Notice of Exclusion under this ordinance shall specify the date the
exclusion is to commence, the term of the exclusion, the City Park Area or
Recreation Facility that the person is to be excluded from, the provision of law
that the person violated, and a brief description of the offending conduct. It shall
be signed by the issuing party. The Notice of Exclusion shall provide information
concerning the right to appeal the notice and to apply for a temporary waiver
from the effects of the notice. A warning of consequences for failure to comply
with the Notice of Exclusion shall be prominently displayed on the notice.
(F) Notices of Exclusion shall take effect immediately. If the excluded
party timely files an appeal or seeks a waiver, as described in Section 13 and
Section 14 of this ordinance, then the exclusion shall remain in effect until such a
time as the appeal or waiver is fully adjudicated.
Section 13. Exclusion Appeals.
(A) A person receiving a Notice of Exclusion may appeal to the
Woodburn Municipal Court to have the notice rescinded or the exclusion
period shortened. In order to be timely, an appeal must be filed at Woodburn
City Hall within five (5) days of receipt of the Notice of Exclusion. The excluded
person may choose to be represented by counsel, but counsel shall not be
provided at the public expense.
(B) The appeal need not be in any particular form, but should
substantially comply with the following requirements:
(1) Be in writing.
(2) Identify the date, time, and place of the exclusion.
(3) Identify the name and address of the appealing party.
(4) Identify the official who issued the exclusion.
(5) Contain a concise statement as to why the Notice of Exclusion
was issued inerror.
(C) A copy of the appeal shall be served on the CityAttorney.
(D) An appeal hearing shall be conducted by the Woodburn Municipal
Court and a decision on the appeal shall be made by the Court within ten (1 0)
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business days after the appeal is filed.
(E) At the appeal hearing the City and any interested parties shall have
the right to present evidence and witnesses and be heard. After due
consideration of pertinent information and testimony the Court shall issue a
written decision. The decision of the Court shall be final, and subject only to Writ
of Review in the Marion County Circuit Court pursuant to ORS Chapter 34.
Section 14. Waiver. At any time within the exclusion period, the
excluded person may apply in writing to the City Administrator for a
temporary waiver from the effects of the notice. A waiver will be granted
only for good cause shown. In exercising discretion under this Section, the
City Administrator shall consider the seriousness of the violation, the particular
need of the person to be in the park or facility during some or all of the
period of exclusion, and any other criterion the City Administrator determines
to be relevant. The decision of the City Administrator to grant or deny, in
whole or in part, a waiver under this Section is discretionary and is not subject
to appeal or review.
Section 15. Sgvpgrgl2ifity. Each portion of this ordinance shall be
deemed severable from any other portion. The unconstitutionality or
invalidity of any portion of this ordinance shall not invalidate the remainder
of the ordinance.
Section 15. Rgl2agl and Saving Clause.
(A) Ordinance No. 2060 is hereby repealed.
(B) Notwithstanding Subsection (A) of this Section, Ordinance No.
2060 shall remain valid and in force for the purpose of authorizing arrest,
prosecution, conviction and punishment of a person who violated Ordinance
No. 2060 prior to the effective date of this ordinance.
Approved as to form:
City Atth' Ky Date
Approved:
Frank Lonergdw(, mayor
Passed by the Council lkiil
Submitted to the Mayor )y I I I CA
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Approved by the Mayor 2-3, 7,c>�L�
Filed in the Office of the Recorder bri I Z-3,
ATTEST: am,
Aealher'Pierson, City Recorder
City of Woodburn, Oregon
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