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Ord 2060 - Use Park Areas Violtn COUNCIL BILL NO. 1294 ORDINANCE NO. 2060 AN ORDINANCE RELATING TO THE USE OF PARK AREAS: PROVIDING FOR PENALTIES FOR VIOLATION THEREOF; REPEALING ORDINANCE 1918 AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Policv. 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 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) Board. The Woodburn Recreation and Parks Board. (2) Council. The Woodburn City Council. (3) Director. The person hired by the City of Woodburn who is in charge of the City Recreation and Parks Department of the City of Woodburn or his designee. (4) Park Area. A City Park, wayside area, community rest areas, scenic or historical areas, public park open spaces and greenbelt areas. (5) Park Employee. Any employee of the City of Woodburn Recreation and Parks Department. (6) Person. A natural person, firm, partnership, association, or corporation. Section 3. General Rules and Reaulations. The general rules and regulations for City of Woodburn Parks shall be as follows: (1) Fires in Dark areas: No person shall build a fire in any park area unless said fire is confined to: (a) Park camp stoves or fireplaces. (b) Portions of parks designated as permitting fires. Page 1 - COUNCIL BILL NO. 1294 ORDINANCE NO. 2060 . ' , (c) Portable stoves in established picnic areas and designated where fires are permitted. (d) No fire shall be left unattended, and every fire shall be extinguished before its user leaves the park area. (2) No person in a park area shall 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, plant life, barkdust, or products of any type without the written permission of the Director or his authorized agent. (4) No person shall, except in areas designated by City Council, erect signs, markers, or inscriptions of any type within a park area without permission from the Director. (5) 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. (6) No person shall, except duly authorized peace officers in the course of their duties, 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. (7) No person shall wash any clothing, or materials or other substances, or clean any fish in a park area or in a lake, stream or river, or in a park area. Park sinks, faucets and hydrants within the confines of parks or park restrooms shall not to be used for washing clothes of any type. (8) No person shall use park sinks, other than those provided in public restrooms, for personal hygiene. Faucets, drinking fountains, hose outlets and hydrants shall not be used for this purpose. (9) No person shall clog picnic shelter sinks in a park area with food, debris, grease or any other substances. Page 2 - COUNCIL BILL NO. 1294 ORDINANCE NO. 2060 ,-- ---~.., , (10) No person shall camp in a park area except by written approval of the Director or his designee. (11) 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. (12) No person shall enter or remain in a park area anytime between the hours of 10:00pm and 7:00am the following morning. This section shall not apply to: (a) Persons attending an event for which a permit has been issued. (b) Participants or spectators of athletic events in park areas lighted for these events; or (c) Persons attending events sponsored by the City. (13) No person shall have in their possession, for sale or for distribution, any alcoholic beverages or intoxicating liquor, or consume such liquor while in a park area. (14) 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. (15) The Director, any Park employee, Code Enforcement officer, or member of the Woodburn Police Department is authorized to issue a civil infraction citation for a violation of this ordinance. (16) 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 4. Fees. Fees may be charged for certain services and 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 5. Rules of Conduct. The City Recreation and Parks Department may adopt administrative rules for the conduct of persons participating in City Programs in the park areas or the Community Center. All persons participating in City Programs shall be registered. The Rules of Conduct shall be administered by the Director, or a park employee. Page 3 - COUNCIL BILL NO. 1294 ORDINANCE NO. 2060 ~' . Section 6. Animals. (1) Persons owning, keeping or harboring a dog within a part area are responsible for the dogs behavior and shall comply with the following regulations: (a) A dog shall be on a leash not more than eight (8) feet in length, or confined in a vehicle at all times. (b) A vicious dog shall not be permitted. (c) A dog may not deposit solid waste matter on any improved park property unless the person owning, keeping, or harboring the dog immediately removes the solid waste. (2) 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 well being of park area visitors or resources. (3) 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. Section 7. Glass Beveraae 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 8. Additional Prohibited Activities. In addition to any other prohibitions in this ordinance, no person in a park area shall: (1) Set or use a public address system without the written permission of the Director. (2) Operate or use any noise producing device in a manner thatdisturbsother park visitors. (3) Use a metal detector without the written permission of the Director. (4) Play sports or engage in other recreational activities in areas designated by the Director as unavailable for those activities. (5) Over crowd persons or vehicles so that necessary access to emergency vehicles is unavailable. Vehicles improperly parked will be towed at owners expense. Page 4 - COUNCIL BILL NO. 1294 ORDINANCE NO. 2060 ~ ~._--_.--_.__.._~--~_.~"_.....,-"-_..-._~...,.-----~--.'-""'~~~,-,.~...,..........__..,- ---." ,..-- ...\ Section 9. Penaltv. Any violation of this Ordinance constitutes a class 1 civil infraction and shall be dealt with according to the procedures established by Ordinance 1998. Section 10. Severabilitv. 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 11. ReDeal and Savina Clause. (1) Ordinance No. 1918 is hereby repealed. (2) Notwithstanding Subsection (1) of this Section, Ordinance No. 1918 shall remain valid and in force for the purpose of authorizing arrest, prosecution, conviction and punishment of a person who violated Ordinance No. 1918 prior to the effective date of this Ordinance. Section 12. Emeraencv Clause. This ordinance being necessary for the 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 Council and approval by the MaY9)j.~ /I /? /I Approved as to form: ~ Lj. (8' -.., I City Attorney Date APPROVED: ~/r.f,ci! VC) FRED W. KYSER, MA /' ,/ ,/ .' ..)12j\../' Passed by the Council Apr; 1 22, 1991 Submitted to the Council April 23, 1991 Filed in th Office of the Recorder ATTEST: ;1/~ Mary TeMant, Deputy Recorder City of Woodburn, Oregon April 23. 1991 Apr; 1 23, 1991 Approved by the Mayor Page 5 - COUNCIL BILL NO. 1294 ORDiNANCE NO. 2060