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Ordinance 1918COUNCIL BILL N0: 875 ORDINANCE N0. 1918 AN ORDINANCE RELATING TO THE USE OF CITY PARKS AND OTHER SCENIC HISTORIC OR RECREATIONAL AREAS: PROVIDING FOR PENALTIES FOR THE VIOLATIONS THEREOF; REPEALING ORDINANCE 1192 AND DECLARING AN EMERGENCY. 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 accomodations. In order to protect such areas, protect the health, safety and well-being of the public, and insure the greatest use and benefits from such areas, it is necessary to make regulations and provisions the City Council deems necessary. Section 2. Definitions. (1) The term "park area" includes a city park, wayside, monument, or scenic, historic or recreation area under the jurisdiction of the City of Woodburn, but does not include the Woodburn Community Center. (2) Board. the 4Joodburn Recreation and Parks Board. (3) Council. The 6oodburn City Council. (4) Park employee. Any individual hired by the City of Woodburn who is in charge of a city park area. (5) City Recreation and Parks Director. The individual hired by the City of Woodburn who is in charge of the City Recreation and Parks Department of the City of Woodburn. (6) Off-road vehicle. Every self-propelled motor vehicle designed or capable of traversing on or over natural terrain, including but not limited to snowmobiles, minibikes, motorcycles, four-wheel drive trucks, pickups, all-terrain vehicles, jeeps, half track and helicopters. Section 3. General Rules and Regulations. The general rules and regulations for City of Woodburn parks and their park areas shall be as follows: (1) Fires in park areas. (a) It shall be unlawful to build a fire in any park area unless said fire is confined to: (i) Park campstoves or fireplaces. (ii) Portions of parks designated as permitting fires. (iii) Portable stoves in established picnic areas and designated ~vhere fires are permitted. (iv) No fire shall be left unattended, and every fire shall be extinguished before its user leaves the park area. (2) It shall be unlawful to hunt, pursue, trap, kill, injure or molest any birds or animals or disturb their habitat. (3) No person shall pick, cut, mutilate or remove from any park area flowers, shrubs, foliage, trees, or plant life, or products of any type without written permission from the park director or his authorized agent. (4) No person shall, except in areas designated by the City Council, erect signs, markers, or inscriptions of any type within a park area without permission from the Park Director. (5) No person in a park area may sell, peddle or offer for sale any food, liquids, edibles for human consumption, or any goods, wares, services or merchandise within the park area except under permit by the Park Director and then only subject to such Page 1 - COUNCIL BILL N0. 875 ORDINANCE N0. 1918 laws and regulations as may now or hereafter exist. (6) Motor vehicles shall be operated only on roads and in parking areas designated for motor vehicle use. Said roads and parking areas are intended for the use of the general public for vehicles and subject to all city, county and state ordinances and regulations. No motor vehicle, off-road vehicle or bicycle shall be permitted on any trail or in any part of a park area not designated for such use, or on any road or trail posted as closed to the public. Automobiles, motorcycles, trailers, or other vehicles shall be parked only in designated parking areas. No person shall operate any motor vehicle within a park area at a speed in excess of 15 miles per hour unless the roadway is posted otherwise. (7) No person shall, except duly authorized peace officers in the course of their duties, ride, drive, lead or keep a horse or other 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. (8) No person shall wash any clothing or other materials, or deposit any materials or other substance, or clean any fish, in a lake, stream or river in a park area. (9) Overnight camping in areas not designated for camping, shall be unlawful and not permitted. (10) Certain activities, including but not limited to, swimming, picnicking, group picnicking, boating, water skiing, fishing, camping, group camping, hiking and horse riding may be restricted to designated zones or areas. (11) No person shall enter or remain in a park area any time between the hours of 11:00 PM and 6:00 AM the following morning. This section shall not apply to the following, which are alternative defenses: (a) Persons attending an event for which a permit has been issued; (b) Participants or spectators of athletic events in park areas floodlighted for these events; or (c) Persons attending events sponsored by the City. (12) No person shall have in their possession, for sale or distribution, any alcoholic beverage or intoxicating liquor, or consume such beverage. (13) 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. (14) The Park Director, park employes, or members of the Woodburn Police Department are authorized to obtain compliance of the public with park area rules and regulations. If any individual willfuly fails to obey or disregards an instruction given by the Park Director, a park employee, or the Woodburn Police Department, in light of these rules and regulations, said individuals shall be subject to citation therefrom as provided for in Section 6 of this ordinance. (15) The City Administrator, Parks Director or Chief of Police shall have the authority to close a park area or portion of a park area without notice for non compliance with park area rules and regulations. (16) The City Council, City Administrator, or Park 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 all fire hazards. Section 4. Fees. Fees may be charged for certain services and privileges, and for the use of designated areas, buildings or facilities. It shall be unlawful to 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 5. Rules of Conduct. The city recreation and parks department may adopt administrative rules for the conduct of persons participating in city programs in Page 2 - COUNCIL BILL N0. 875 ORDINANCE N0. 1918 the city parks or community center. All persons participating in city programs shall be registered. The rules of conduct shall be administered by the park director, park employe, or persons employed by the City of Woodburn. Rules of conduct will be posted in a public place. Section 6. Penalty: A violation of any section of this ordinance shall constitute a Class 1 civil infraction and shall be handled according to the procedures established by ordinance relating to civil infractions. Section 7. Severability: 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 8. Repeal and Saving Clause: (1) Ordinance No. 1192 is hereby specifically repealed. (2) Notwithstanding Subsection (1) of this section, Ordinance No. 1192 shall remain valid and in force for the purpose of authorizing the arrest, prosecution, conviction and punishment of a person who violated Ordinance No. 1192 prior to the effective date of this ordinance. Section 9. Emergency Clause. This ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the City Council and approval by the Mayor. Approved as to form: ~ °~ l ~ `~~ City Attorney Date APPROVED: " Willi Costine, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Julv 22, 1985 July 23, 1985 July 23, 1985 July 23, 1985 ATTEST ,~ .=~- .,-" ,~.. ~ ~ ~ ~r,f°,~.v..- Barney~0.~urris, Recorder City of Woodburn Oregon Page 3 - COUNCIL BILL N0. 875 ORDINANCE N0. 1918