Chapter 12.25
PUBLIC PARKS AND RECREATIONAL AREAS
Sections:
12.25.010 City-owned public parks and city-owned public recreational areas hours.
12.25.012 Rules and regulations specific to city-owned parks.
12.25.015 Dogs prohibited in Easy Manor Park.
12.25.016 Dogs prohibited in Kidtown playground at Azalea Park.
12.25.017 Smoking prohibited in designated park areas.
12.25.040 Appeal of exclusion orders cited under this chapter.
12.25.010 City-owned public parks and city-owned public recreational areas hours.
Except as provided in BMC 12.25.020, all city-owned public parks and city-owned public recreational areas located within the city of Brookings shall be open for use by the public from one-half hour prior to sunrise to one-half hour past sunset. [Ord. 20-O-793 § 6 (Exh. E); Ord. 94-O-505 § 1.]
12.25.012 Rules and regulations specific to city-owned parks.
A. The following activities and uses are prohibited in all city parks, except by city park employees, volunteers or contractors in the performance of authorized maintenance or construction:
1. Camping.
2. Parking or use of motorized vehicles, other than wheelchairs, on walkways, landscaped areas, natural vegetation areas, playgrounds and sports fields, except for authorized maintenance or the purpose of set-up or tear-down of an event.
3. Possession or use of fireworks or explosives; unlawful possession or use of firearms.
4. Throwing of rice or seeds, including bird seed.
5. Damage to or removal of any vegetation.
6. Modification or painting of any structure, equipment or furniture.
7. Bicycles, skateboards, skates or roller blades, except in designated areas.
8. Unleashed dogs, except in designated areas.
9. Failure to remove animal excrement by the animal owner.
10. Attaching signs to any city sign post, trees or other vegetation.
11. Any use of the park for an event without having first obtained an approved park use permit. For the purposes of this subsection, an “event” is any gathering that includes but is not limited to: any weddings, memorials, athletic activities, concerts, holiday displays, picnics or other instances where the permit applicant wishes to reserve a specific area of the park for their exclusive use or desires to exclusively use the snack shack, bandshell or Capella. An “event” also includes any instance involving the erection of any structures, dwellings, tents, or tables; any restriction of access to all or part of a park by the general public; or any activities which include the use of amplified sound; or the conduct of commercial business.
12. Amplified sound and/or music at a level that is not contained within the immediate area of the activity, subject to BMC 8.15.080.
13. Placement of any sign without first having obtained approval by the city manager or his designee.
14. Failure to remove signs within two hours of the conclusion of an event.
15. Fires, except fires in camp stoves, portable barbeques or fireplaces provided for such purposes, subject at all times to any applicable burning bans.
16. The use of camp stoves or portable barbeques except in designated picnic areas.
17. Unattended fires, camp stoves or portable barbeques.
18. Leaving the location of a fire until the fire is completely extinguished with no hot coals remaining.
19. The use of amplified sound at Bankus Park.
20. The use of Bankus Park for more than single-day events, except as approved by the parks and recreation commission.
21. Any conduct constituting a violation of any nuisance or public health, safety, and welfare laws, rules, or regulations.
B. Penalties and Fines.
1. The city may at its discretion provide a verbal or written warning or may impose a civil fine for violations of this chapter. The fine for a first offense under subsection (A) of this section is $50.00, a second violation is $100.00, and any third or subsequent violation shall be the maximum allowed under Chapter 1.05 BMC, General Penalty.
2. If (a) a person poses an immediate threat to the public health, safety, or welfare in a park or recreational area; or (b) the city has provided at least one documented verbal or written warning to a person regarding a violation of this chapter which occurred in a park or recreational area, the city may temporarily exclude that person from using or entering any or all city-owned parks or recreation areas for a limited time not to exceed 12 months. The duration of such exclusions shall be commensurate with the observed violations. Such exclusion orders shall be subject to the appeal provisions in BMC 12.25.040.
3. If a person is given a warning or citation for violating subsection (A) of this section, he or she must immediately cease the offending conduct. If the person continues the offending use or activity, he or she may be subject to additional citations, may be excluded from the park or recreation area or may be charged with immediate criminal trespass under ORS 164.245. [Ord. 20-O-793 § 6 (Exh. E); Ord. 13-O-708 § 2; Ord. 10-O-667 § 2.]
12.25.015 Dogs prohibited in Easy Manor Park.
Dogs are prohibited in Easy Manor Park, except for dog guides as defined in ORS 346.610. [Ord. 20-O-793 § 6 (Exh. E); Ord. 10-O-662 § 2.]
12.25.016 Dogs prohibited in Kidtown playground at Azalea Park.
Dogs are prohibited in Kidtown playground at Azalea Park, except for dog guides as defined in ORS 346.610. [Ord. 20-O-793 § 6 (Exh. E); Ord. 10-O-664 § 2.]
12.25.017 Smoking prohibited in designated park areas.
A. Persons are prohibited from smoking in city parks or recreation areas at all times.
B. Penalties under this section shall be $75.00 for each separate offense. [Ord. 20-O-793 § 6 (Exh. E); Ord. 15-O-746 § 2; Ord. 13-O-718 § 2; Ord. 12-O-690 § 2.]
12.25.020 Exceptions.
A. The city manager or designee may, at their discretion, adopt written rules further explaining or applying this chapter. They may also, upon prior application, permit the use of a city-owned public park or city-owned public recreational area at times other than the times that the premises are open for use by the public.
B. Park operating hours for the Mill Beach access road, parking lot and picnic area will be open and available to the public from one-half hour before sunrise until midnight, daily.
C. During times when parks and recreation areas are closed for public use, lighted sports courts or playing fields located within a city park or recreational area may be used by the public pursuant to the terms of an authorized use permit or until the city turns off the lights. Such use remains subject to all other city and state laws, rules, and regulations. [Ord. 20-O-793 § 6 (Exh. E); Ord. 16-O-759 § 2; Ord. 94-O-505 § 2.]
12.25.030 Penalties.
Unless otherwise provided in this chapter, any violation of the provisions of this chapter shall, upon conviction thereof, be punished pursuant to Chapter 1.05 BMC, General Penalty. [Ord. 20-O-793 § 6 (Exh. E); Ord. 10-O-662 § 2; Ord. 94-O-505 § 3.]
12.25.040 Appeal of exclusion orders cited under this chapter.
A. A person issued a park exclusion under this chapter may appeal by filing at City Hall within five working days a written statement containing the person’s full name; the date and location of the exclusion; and an explanation of why the person believes the exclusion was wrongly issued or was incorrect. Failure to include all information required or failure to file within five working days shall void the appeal. The city manager may extend the appeal filing deadline at his or her discretion.
B. City staff shall date the appeal statement and forward it to the city manager within two working days of receipt, along with the enforcement officer’s exclusion order and written explanation.
C. The city manager shall review the appeal materials in subsection (B) of this section, along with any other information the city manager deems relevant and necessary to make a fair and unbiased determination. The city manager shall within five working days issue a written decision that either: (1) upholds or denies the exclusion; or (2) amends the exclusion. The city manager’s decision shall also provide reasoning for the decision. If an appeal is received by the city, the exclusion shall not take effect until after the city manager’s appeal determination is made.
D. Appeals of the city manager’s decision may be filed within five working days after the city manager’s decision at the Brookings Municipal Court, pursuant to the court’s rules and procedures. [Ord. 20-O-793 § 6 (Exh. E).]