CHAPTER 92:  PARKS AND RECREATION

 

 

Section

Use of City Parks

 

92.01     Short title

92.02     Definitions

92.03     Powers of the Council

92.04     Organized functions in the park

92.05     Prohibited conduct

 

User Fees for Carnahan Park

 

92.20     Definitions

92.21     Duration

92.22     Use of user fees

92.23     Fees

92.24     Fee collection

92.25     Parking permit required

92.26     Season permits

 

92.99     Penalty

 

 

USE OF CITY PARKS

 

 

92.01  SHORT TITLE.

 

This subchapter may be cited as the ACity Parks Ordinance.@

(Ord. 1192, passed 6-21-2004)

 

 

92.02  DEFINITIONS.

 

For the purpose of this subchapter, in addition to definitions found in other city ordinance(s), the following definitions shall apply unless the context clearly indicates or requires a different meaning.

  1.    Includes the Mayor, City Council.

 

CITY OFFICIAL.  Includes the City Manager, Public Works Director, Public Works employee(s), Police Chief, any police officer, any police community resource ordinance officer and/or any other city designee.

 

ORGANIZED FUNCTION.  Any planned activity of any kind involving 20 or more persons.

 

  1.   Any publicly or privately owned real property placed under the jurisdiction of the city for park or recreational purposes.

(Ord. 1192, passed 6-21-2004)

 

 

92.03  POWERS OF THE COUNCIL.

 

(A)  The city, except as herein otherwise provided, shall have the general management and supervision of all parks, squares, openings and public grounds surrounding public buildings now owned or hereafter acquired by the city, and also the power to regulate and control the planting, trimming, growing, use, preservation and maintenance of all shade or ornamental trees, shrubs, plants or flowers in, upon or over any street, boulevard, path or sidewalk of the city.  These powers are in addition to and not exclusive of any other powers or authority under the city’s Charter, state law and this State and the United States Constitutions.

 

(B)  The city may adopt any rules and regulations for the use, management and supervision of the parks, squares, openings, public grounds and grounds surrounding public buildings or other places of recreation, now belonging or hereafter acquired by the city as may be reasonable or necessary.  The rules and regulations shall be consistent with other city ordinances, state statutes and State Administrative Rules.

(Ord. 1192, passed 6-21-2004)

 

 

92.04  ORGANIZED FUNCTIONS IN THE PARK.

 

It shall be unlawful for any person or organization or association to conduct or participate in any organized function in a park without the written permission of the city. Permission must first be requested in writing, in a timely manner, so that the request may be reviewed during a regular City Council meeting.  Specific provisions relating to application form/permit shall be as established.  Reasonable conditions to provide for the safety and sanitation needs and to protect park users shall be added to the permit with costs borne by the applicant.  The request shall be subject to the appeal provisions hereinabove provided.

(Ord. 1192, passed 6-21-2004)  Penalty, see ‘ 92.99

 

 

92.05  PROHIBITED CONDUCT.

 

The following conduct unless otherwise excepted shall be prohibited within city parks.

 

(A)  Alcohol.  Unless specifically authorized by city permit and subject to the further requirement, if any, of the OLCC, it shall be unlawful for any person to possess or drink any alcoholic beverage in any city park.  Unless specifically authorized by permit it shall be unlawful for any person to sell any alcoholic beverage in any city park.

 

(B)  Park hours; closure.  It shall be unlawful for any person to be in a park any time between the hours of 10:00 p.m. and the following 4:00 a.m.

 

(C)  Additional park closures.  The City Council, City Manager, his, her or its designate, or an officer of the City Police Department may close any city park or any part thereof, at any time for any reason herein by erecting barricades or placing signs prohibiting access.  Notices that any park or part thereof is closed shall be posted at appropriate locations during the period of the closure, if feasible.  However, failure to post the notices shall not invalidate the closure, nor shall it be a defense to the charge of violating this section.  The closure shall be done only in the interest of public safety and health.  The decision for closure shall be based upon one or more of the following criteria or conditions existing in or near that park:

 

(1)   Life or property is endangered and other means cannot reasonably be utilized to eliminate the danger;

 

(2)   The overcrowding of persons or vehicles prevents access by emergency assistance or emergency vehicle(s);

 

(3)   Park property or other property located near the park is endangered;

 

(4)   Loud and unnecessary noise, fighting, violence or threatening behavior is occurring and other means cannot reasonably be utilized to eliminate the condition;

 

(5)   A hazardous condition exists; and/or

 

(6)   Violation of any criminal offense or ordinance is occurring and other means cannot reasonably be utilized to eliminate the condition.

 

(D)  Park closure control.  During the period of closure of a park in accordance with the above provisions, it shall be unlawful for any person to enter the park or any part thereof that has been closed or remain in the park or part thereof after having been notified of the closure and having been requested to leave by the city official.  The closure shall not exceed 18 hours without the written approval of the City Manager or his or her designee.  No person shall enter any building, enclosure or place within any of the parks upon which the words ANo Admittance@ shall be displayed or posted by sign, placard or otherwise without the consent of the city official in charge.

 

 

(E)  Animals in parks.  It shall be unlawful for the owner, possessor or keeper of any animal to permit the same to enter upon or to roam at large in any city park that has not been consigned to third party control.  Notwithstanding the above sentence, dogs are permitted in Carnahan Park, where dogs shall remain on leash at all times except within the boundaries of an identified, fenced-in, off-leash dog area.  While in the off-leash identified fenced-in area, dogs shall remain under voice control at all times by the accompanying owner, possessor or keeper of the dog.  Owners, possessors, or keepers of any dog are subject to the Animal Code as set forth in Title IX, Chapter 90 of the CCT.

 

Notwithstanding the above, dogs may also be allowed in city-owned wayside(s) as approved by the City.  City wayside(s) not approved shall be signed appropriately to indicate no dogs allowed.  Dogs in approved city wayside(s) shall always be on a leash except when secured in a vehicle.

 

Owners of dogs or other animals damaging and destroying park property will be held liable for the full value of the property damaged or destroyed in addition to any penalties that may be imposed for violation for this section.  Animal(s) remaining in vehicle(s) are exempt from this section.  Notwithstanding the above, service animals are exempt from this subsection when accompanied by their handler.

 

  1. Fencing.  The designated dog-friendly area shall be fenced-in with a double-gated entrance for safety of owners and dogs, as recommended by the City’s insurer.

 

  1. Guidelines for use of dog-friendly area.  Guidelines regarding the use of the dog-friendly area are adopted as set forth in Appendix A, and shall be posted at the entrance of the gated area.  Guidelines may be amended by a Resolution of the City Council.

 

(F)   Motorized vehicles.  No motorized vehicles shall be permitted in any park or portion thereof within the city except upon designated roadway(s) and parking area(s).

 

(G)  Camping/campfires.  No overnight camping or campfires shall be permitted within or upon any public park within the city, unless otherwise specifically authorized by city.

 

(H)  Firearms and explosive devices.  No firearms, explosive devices, blowgun, bow and arrow, crossbow, BB or pellet gun of any kind shall be permitted upon or within any city park without appropriate permit or appropriate license during authorized hunting season(s).

 

(I)   Advertising.  It shall be unlawful for any person to place or attach any structure or sign of any kind whatsoever on or upon any part of a city park without written permission.

 

(J)   Rubbish and litter.  It shall be unlawful for any person to place any straw, dirt, chips, paper shavings, shells, ashes, swill or garbage, or other rubbish, refuse or debris in any city park.

 

(K)  Vandalism.  It shall be unlawful for any person to damage city property.

(Ord. 1192, passed 6-21-2004)  Penalty, see ‘ 92.99

 

  

APPENDIX AOFF-LEASH DOG PARK GUIDELINES

 

DOG PARK GUIDELINES

 The following guidelines shall be posted at the entrance/exits of the dog-friendly area of the park to inform the patrons of the expectations for using the park.

CITY CODE

  • The park will be open from 4:00 a.m. to 10:00 p.m., daily.
  • Dogs may not harass humans or other animals.
  • Park users who fail to comply with rules of the park and the City Code may be asked to leave, and may result in fines.

DOGS

  • Dogs must wear a visible and current license.
  • Dogs must be spayed and/or neutered or they will not be allowed in the park.
  • Dogs must not be contagious and must be current on their immunizations for the protection of your dogs and the dogs of other patrons of the park.
  • Dogs that are aggressive, likely to bully other dogs, or start fights are not welcome in the park.
  • Dogs showing any signs of aggression must leave the park immediately.
  • Puppies who have not received all of their vaccinations should not be allowed in the park due to the risk of them contracting the Parvo virus.  If you do allow your puppy to play in the park prior to receiving their vaccinations, you are doing so at your own risk.

OWNERS

  • You are legally responsible for your dog’s behavior, and any injuries or damages he/she causes.
  • Never leave your dog(s) unattended or allow them out of sight.
  • Never leave the area without your dog(s). Unattended dogs may be impounded by the animal control officer.
  • Owners are required to have voice control over their dog(s) at all times.
  • Always clean up after your dog. Remove and dispose of waste in the bins provided.
  • Always carry a leash and leash dog(s) when entering/leaving park.
  • For safety reasons, please remove pinch, spike or choke collars and halters prior to entering the area.
  • Gates, where present, must be kept closed at all times.
  • Be prepared to encounter children in the off leash dog park. If your dog is not comfortable around children, please try to alert the parents and keep distance between the two.
  • No pet grooming is allowed in the park.
  • Dog handlers must be at least 12 years old.
  • There is no smoking, alcohol, or food allowed in the dog park.

 

PARENTS

  • This is an off leash dog park. Toddlers and small children do not belong in the dog area and are at risk of potential harm.
  • Some dogs are not used to being around children and may react negatively
  • If you do choose to bring your children into the off leash dog park, we strongly encourage you to keep your child within arm’s reach at all times, do not allow toddlers to run at will.
  • No running. This can trigger a prey and chase response and may lead to injury.

 

 

 

USER FEES FOR CARNAHAN PARK

 

 

92.20  DEFINITIONS.

 

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

CARNAHAN PARK.  The city park located on the westerly boundaries of this city adjacent to the Trask River.

 

  1.   Any person, company, firm, partnership or corporation that has occasion to park a vehicle at Carnahan Park.

 

  1.   Any motorized or unmotorized vehicle or assembled personal property, including but not limited to boats, trailers and house‑trailers.

(Ord. 1124, passed 8-17-1992)

 

 

92.21  DURATION.

 

Fees for parking in Carnahan Park shall be charged during the months of September, October and November of each year.

(Ord. 1124, passed 8-17-1992)

 

 

92.22  USE OF USER FEES.

 

Fees collected shall be used for maintenance, repair, ordinance enforcement and capital costs associated with Carnahan Park usage only.  Direct cost of personnel for normal maintenance/repair work and ordinance enforcement shall be based on actual hours worked, multiplied by the hourly rate and fringe costs paid by the city.  Approved time slips shall be used for this purpose.

(Ord. 1124, passed 8-17-1992)

 

 

92.23  FEES.

 

(A)  Fee imposed.  Two dollars per day per parking day per stall used.

 

(B)  Seasonal permits.  Seasonal permits will be $50 and are available at City Hall, 210 Laurel Avenue, Tillamook, OR 97141.

(Ord. 1124, passed 8-17-1992; Ord. 1127, passed 6-7-1993; Ord. 1130, passed 7-5-1994; Ord. 1252, passed 9-20-2010; Ord. 1275, passed 4-15-2013)  Penalty, see ‘ 92.99

 

 

92.24  FEE COLLECTION.

 

(A)  Parking fees shall be collected by insertion of $2 within an approved Carnahan Park permit envelope and placement within the collection box provided.

 

(B)  The envelope shall be completed by the user prior to deposit, with the user retaining a tear-off portion as a receipt of payment.

 

(C)  The tear-off receipt taken from the completed envelope shall be displayed, including the date, vehicle description, and license plates number visible to enforcement persons, on the vehicle dashboard or, where no dashboard, in some clearly visible place in the vehicle.

 

(D)  Failure to display this completed this tear-off portion of the permit shall constitute grounds for issuance of a citation to appear in Municipal Court for violation of this subchapter.

(Ord. 1124, passed 8-17-1992; Ord. 1252, passed 9-20-2010; Ord. 1275, passed 4-15-2013)  Penalty, see ‘ 92.99

 

 

 

92.25  PARKING PERMIT REQUIRED.

 

No user of a parking space or stall in Carnahan Park shall use or occupy the space or stall with a vehicle owned by, occupied by, controlled by or in the possession of the user without first having obtained a parking permit as herein provided.

(Ord. 1124, passed 8-17-1992)  Penalty, see ‘ 92.99

 

 

92.26  SEASON PERMITS.

 

(A)  Permits may be issued at the office of the City Recorder with payment as set forth in ‘ 92.23(B).

 

(B)  Permit shall be applied to lower left side of windshield to allow unobstructed view for enforcement.

 

(C)  Permit will be issued to vehicle based on current registered license plate and shall not be transferred to other vehicles.

 

(D)  Violators of this section will be cited per ‘ 92.99.

(Ord. 1130, passed 7-5-1994)  Penalty, see ‘ 92.99

 

 

 

92.99  PENALTY.

 

(A)  Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ‘ 10.99.

 

(B)  Any person who violates any provision of ” 92.01 through 92.05 may, upon conviction, be punished as follows:

 

(1)   Violation of ‘ 92.05(A), (B), (D), (G), (H) or (K) shall be punishable by a fine not to exceed $250.  In addition, cost of repair(s) and or cleanup may also be levied.

 

(2)   Violation of ‘ 92.05(E), (F), (I) or (J) shall be punishable by a fine not to exceed $100.

 

(C)  Any user who violates any term of ” 92.20 through 92.26, upon conviction, shall pay a fine as follows:

 

(1)   Failure to purchase, complete or display a parking permit: $20; and

 

(2)   Failure to park a vehicle within a marked space at any time: $12.

(Ord. 1124, passed 8-17-1992; Ord. 1127, passed 6-7-1993; Ord. 1130, passed 7-5-1994; Ord. 1192, passed 6-21-2004; Ord. 1252, passed 9-20-2010; Ord. 1275, passed 4-15-2013)

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