Chapter 8.20
Public Parks

Sections:

8.20.010    Definitions.

8.20.020    General regulations.

8.20.030    Fireworks.

8.20.040    Pets.

8.20.050    Park operating policy.

8.20.055    Memorials – Generally.

8.20.056    Memorials – Definitions.

8.20.057    Memorials – Specific provisions.

8.20.060    Camping.

8.20.070    Unclaimed articles.

8.20.080    Exclusion from premises.

8.20.090    Penalties.

8.20.010 Definitions.

“Fireworks” means any combustible or explosive composition or substance or any combination which was prepared for the purpose of providing a visible or audible effect by combustion, explosion, deflagration or detonation.

“Park attendant” or “caretaker” means any person so designated by the City Administrator or the City Council to oversee and/or maintain the park.

“Public park” means all properties now or hereafter owned and/or controlled by the City of Brownsville, Oregon, and operated as parks or areas of City beautification available for the use of the public. [Ord. 625 § 1, 1981; 1981 Compilation § 4-3.1.]

8.20.020 General regulations.

It shall be unlawful for any person, firm or corporation, in or upon lands owned by the City of Brownsville and designated as a public park, to:

A. Build, light or maintain any fire except in a stove, pit or fireplace especially designated for such purpose, or to leave said fire unattended. A portable gas, gasoline, charcoal, sterno or oil camp stove may be used within said park if in a safe operating condition. All fires must be completely extinguished by the user before leaving the park.

B. Discharge any firearm, slingshot, crossbow, bow and arrow or weapon that acts by force of a spring or pressurized air, gas, gunpowder or other explosive, per BMC Title 9.

C. In any manner, pursue, hunt, trap, or molest any bird or animal.

D. Pick, mutilate, dig or remove any plant, whether living or dead, or in any way deface, mutilate, burn, destroy or defile any tree or plant within the limits of such areas.

E. Create or erect signs, markers, or inscriptions of any type without prior permission from the City Recorder or park attendant.

F. Deposit any rubbish, garbage, glass or other litter except in receptacles designated for that purpose.

G. Use abusive, threatening, obscene or indecent language or gestures in a manner which causes a public nuisance.

H. Operate radios, television, musical instruments, and other noise-producing devices, or otherwise cause unnecessary sound in violation of City ordinances.

I. Park any automobile, motorcycle, truck, trailer, or other vehicle in any area other than an area specifically designated for such purposes.

J. Drive a vehicle at a speed greater than is reasonable and prudent, having due regard for traffic, surface of roadway, hazards at intersections and other conditions then existing. The maximum speed limit on all park roadways shall be five miles per hour, unless otherwise posted.

K. Drive a motor vehicle on any walk, path, trail, service road or other area, unless said walk, path, trail, service road or area has been officially designated for use by motor vehicles.

L. Ride, drive, lead or keep a saddle horse, or similar animal, anywhere in a park except on public roads or in designated areas.

M. Operate a concession, either fixed or mobile, solicit, sell or offer for sale, peddle, hawk, or vend any goods, wares, merchandise, foods, liquids or services without permission from the City Council. Council shall hear all proposals at a regularly scheduled session of Council. Council may include the Parks and Open Spaces Advisory Board for consideration and input.

N. All approved special events shall be subject to the terms, conditions and arrangements agreed to by and between the Council and any event organizer. Council shall ratify any specific terms and conditions for park use by written agreement and pass the same by resolution at a public meeting. Council will consider proposals based on whether the event is in the best interests of Brownsville’s citizens and businesses.

O. Any event organizer shall provide the City Administrator with the details of the event in order for City officials to properly consider the proposed event.

P. Wash any clothing or other materials, or in any way pollute or defile any river, well or stream.

Q. Dispose of hand and dish water, other than in the receptacles provided for that purpose, or to dump human waste in these receptacles. [Ord. 713 § 1, 2008; Ord. 625 § 2, 1981; 1981 Compilation § 4-3.2.]

8.20.030 Fireworks.

The use of fireworks of all types, including sparklers, cone fountains, snakes and bottle rockets, are prohibited in all public parks, except by permit issued by the State Fire Marshal and approved by the City Council. [Ord. 625 § 3, 1981; 1981 Compilation § 4-3.3.]

8.20.040 Pets.

The following regulations regarding pets shall apply to all public park areas:

A. Any dog brought into a park shall either be on a leash not more than eight feet in length, be under voice control of the owner or confined in a vehicle, and must be kept under control at all times from the day after Labor Day through the day before Memorial Day.

B. Dogs may be off leash and under voice control from Memorial Day through Labor Day in designated areas only. Dogs off leash in any other area of the park are subject to removal from the park.

C. Dog owners are responsible for the removal of any solid waste deposited by the owner’s dog.

D. A dog’s owner is responsible for the dog’s behavior at all times while the dog is in the park.

E. City employees or agents may require a person in charge of an animal to undertake any measure, including the removal of the animal from the park area, necessary to prevent interference by the animal with the safety, comfort, or well-being of the park visitors or resources. [Ord. 721 § 1, 2009; Ord. 625 § 4, 1981; 1981 Compilation § 4-3.4.]

8.20.050 Park operating policy.

The following policies regulate the use of all public parks:

A. All public parks are open to the public from 7:00 a.m. to dusk, year round, with the exception of overnight camping in Pioneer Park as designated in BMC 8.20.060.

Vehicular traffic in the park will be limited between November 1st and April 1st and the park gates will be closed between the hours of 4:00 p.m. and 8:00 a.m. during that time.

B. All public park areas, other than the structures in Pioneer Park and their adjacent areas, will be available for use on a first-come, first-served basis, with the following exceptions:

1. Pioneer Park will be reserved for the annual Linn County Pioneer Picnic the third weekend in June each year. Control of all park activities on that weekend will fall to the Linn County Pioneer Memorial Association.

2. Pioneer Park will be reserved for the community activities in association with a Fourth of July celebration.

3. Pioneer Park will be reserved for the Brownsville Fire Department’s annual fund-raising barbeque and/or Antique Faire the third Saturday in August of each year.

4. Pioneer Park will be reserved from the Thursday before Labor Day through Labor Day each year for the Festival of Tents.

C. The kitchen and pavilion facility in Pioneer Park will be rented out for use by family, community, business, and civic groups from April 15th to October 15th. Use and deposit fees will be set by resolution of the City Council. Reservations will be made through City Hall starting the first working day of the calendar year through a lottery system, with payment of the rent and deposit made within a reasonable time after notification of date to hold the reservation. Refund of fees and deposits will be at the discretion of the City Administrator if a cancellation request is received. After use, the deposit will be returned if all facilities are left clean and orderly.

D. Use of other structures or buildings in Pioneer Park will require prior approval of the City Administrator. [Ord. 675 § 1, 2000; Ord. 657 § 1, 1998; Ord. 625 § 5, 1981; 1981 Compilation § 4-3.5.]

8.20.055 Memorials – Generally.

A. Purpose. To develop an organized and orderly method to accommodate citizen requests to memorialize and honor loved ones while keeping the City’s parks and open spaces consistent with their intended use.

B. Authority. The Parks and Open Space Advisory Board shall review the design, placement and artistic appropriateness of any structure, work of art, ornament or decoration to be placed on any publicly owned land. The number of memorials shall not detract from the primary recreational purpose of the grounds. [Ord. 716, 2008.]

8.20.056 Memorials – Definitions.

For the purposes of this chapter, the following words shall have their assigned meanings:

A. “Existing bench” means a park bench already installed in any public park or other public area.

B. “Funding” means monies collected from donors for the purchase of new benches, existing benches or new trees.

C. “Honor or memorialize” means the process by which someone may establish recognition for a person, an event or an accomplishment.

D. “Maintenance of new benches/existing benches” means that Public Works will place new benches on a regular department maintenance schedule. Existing benches will be maintained as per regular department maintenance schedule.

E. “Maintenance of new trees” means that trees will be maintained by the City.

F. “Memorial plaque” means a brass plate with engraved letters. Plaque to be provided by the City at cost plus 15 percent.

G. “New bench” means a park bench not currently installed in any public park or public area and that meets the specifications of the Public Works Department.

H. “New tree” means any tree not already planted in a park or public area and that meets the specifications of the Public Works Department.

I. “Public area” means any public lands other than parks.

J. “Public park” means any public area designated as “park space” in the Parks Master Plan.

K. “Vandalism repair” means that any benches or trees damaged due to vandalism will be repaired or replaced by the City. Repairs will take place as soon as feasible. Seasonal restrictions apply. [Ord. 716, 2008.]

8.20.057 Memorials – Specific provisions.

•	Amounts donated of less than $500.00 or without specific recognition request may be used for general City park improvements and park upkeep.
•	Amounts donated of $500.00 or more may be used for individual recognition or memorial as per ordinance.
•	Amounts donated of $500.00 or more may be recognized by an appropriate plaque placed for public viewing on the “City Park Memorial Sidewalk” located in Pioneer Park and designated for this purpose.

A. Memorials and Plaques.

1. The maximum permitted size of memorial plaques is 12 inches by 16 inches.

2. Memorials are to be fitted at ground level on a concrete pad by the City.

3. The Board accepts no liability for the memorials once installed and the cost of any replacements will be the responsibility of the original applicant.

4. No additional mementos, e.g., vases, statues, etc., shall be permitted around memorials.

5. Plaques shall be made of cast bronze, black and must be purchased by the City to ensure consistency.

6. The total cost of a tree and memorial plaque will be dependent on the species of the tree. The City shall charge for the plant, plaque and labor at cost plus 15 percent.

7. The City shall not be liable for the replacement of old or diseased plants.

8. Tree species shall be at the discretion of the City.

B. Benches.

1. Benches will be of the type and color specified herein to be in keeping with the intended location.

2. The bench will be fitted to a concrete pad with a slabbed area directly in front of the bench to allow for ease of use by the public. The City will perform the installation.

3. Memorial plaques fitted to benches are to be a maximum size of 10 inches by three inches.

4. The inscription on the bench is to be restricted to “In the Memory of,” the name of the person, recognition of public office (if appropriate) and the dates of birth and death. (Wording such as or similar to “Forever in our thoughts” or “Beloved husband and father of” will not be accepted.)

5. The City, in line with the current maintenance schedule for benches, will maintain the bench; however, it accepts no replacement liability for the plaque or the bench at the end of its useful life. Any replacements of benches or plaques will be the responsibility of the original applicant.

6. No additional mementos, e.g., vases, statues, flowers or wreaths, etc., shall be permitted on or around the bench.

7. Any maintenance carried out by a third party will be in strict agreement with the City.

8. The total cost of the installation of a memorial bench will be dependent of the type of bench allowed and the type of fittings required. The City will charge for the bench, materials and labor at cost plus 15 percent. (The City will procure the bench, all materials and labor.)

Applications for existing benches, new benches or new trees for the current year will be reviewed by:

•	May 1st – benches (new and existing)
•	August 31st – new trees
•	All other requests shall be considered in the subsequent year.

Any other special requests or projects must be reviewed and approved by the Parks and Open Space Advisory Board. [Ord. 716, 2008.]

8.20.060 Camping.

A. Overnight camping is allowed in Pioneer Park for a period of up to 10 days within any calendar year without prior approval of the City Administrator. Camping in all other public parks is prohibited.

B. Fees for overnight camping shall be set by resolution of the City Council of the City of Brownsville. It will be a violation of this chapter to occupy or use an overnight campsite, or other park accommodations for which a fee is charged, without paying the fee or charges. The Park Caretaker or other person designated by the City Administrator will collect camping fees daily unless other arrangements are made through City Hall.

C. Overnight camping is allowed only in designated areas.

D. Campsite and equipment may not be left unattended for more than a 24-hour period.

E. No utilities or services will be provided to any campsite. [Ord. 633 § 1, 1995; Ord. 625 § 6, 1981; 1981 Compilation § 4-3.6.]

8.20.070 Unclaimed articles.

Articles found by City staff shall be reported to the City Recorder who shall make every reasonable effort to locate the owners. The City Recorder shall also make every reasonable effort to find all articles reported as lost. Articles will be considered abandoned and disposed of after 30 days in accordance with applicable City and state law. [Ord. 625 § 7, 1981; 1981 Compilation § 4-3.7.]

8.20.080 Exclusion from premises.

The City of Brownsville reserves the right to exclude and/or ban any person from any and all park facilities who has violated any of these rules and regulations or who has vandalized, damaged, or taken park property or facilities or who has attempted to do so. [Ord. 625 § 8, 1981; 1981 Compilation § 4-3.8.]

8.20.090 Penalties.

Violation of any of the provisions of this chapter is a violation, punishable upon conviction by a fine not to exceed $250.00. [Ord. 625 § 9, 1981; 1981 Compilation § 4-3.9.]