Chapter 12.50
CITY MARINE PARKS
Sections:
12.50.010 Scope.
12.50.020 Definitions.
12.50.030 Jurisdiction.
12.50.040 Scope of regulatory control.
12.50.050 City permission requirement.
12.50.060 Obligations of the city.
12.50.070 Use of parks encouraged.
12.50.080 Marine park operating policy.
12.50.090 Activities prohibited – Exceptions.
12.50.100 Exclusion from parks.
12.50.110 Penalties.
12.50.120 Emergency clause.
12.50.010 Scope.
This chapter shall pertain to marine parks located within the city limits of Silverton and lands owned by the city of Silverton and allocated to public recreational use pursuant to ORS Chapter 226. This chapter shall supplement those parks rules and regulations adopted by the city in Chapter 12.48 SMC. (Ord. 06-22, 2006)
12.50.020 Definitions.
As used in this chapter:
“City” means the city of Silverton, Oregon.
“Marine park” means a fishing park, swimming area, boat launch, aquatic recreation area or any other area in the city owned or used by the city, and designated by city council resolution for active or passive marine recreation.
“Person” means individual, corporation, association, firm, partnership, joint stock company, and similar entities.
“Public rights-of-way” includes, but is not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or areas, including subsurface and air space over these areas.
“Within the city” means territory over which the city now has or acquires jurisdiction for the exercise of its powers. (Ord. 06-22, 2006)
12.50.030 Jurisdiction.
The city of Silverton has jurisdiction and exercises regulatory control over all public rights-of-way within the city and city-owned property outside the city limits under the authority of the city charter and state law. (Ord. 06-22, 2006)
12.50.040 Scope of regulatory control.
The city has jurisdiction and exercises regulatory control over each public right-of-way whether the city has a fee, easement, or other legal interest in the right-of-way. The city has jurisdiction and regulatory control over each right-of-way whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means. (Ord. 06-22, 2006)
12.50.050 City permission requirement.
No person may occupy or encroach on a public right-of-way without the permission of the city. The city grants permission to use rights-of-way by franchises, licenses and permits. (Ord. 06-22, 2006)
12.50.060 Obligations of the city.
The exercise of jurisdiction and regulatory control over a public right-of-way by the city is not official acceptance of the right-of-way, and does not obligate the city to maintain or repair any part of the right-of-way. (Ord. 06-22, 2006)
12.50.070 Use of parks encouraged.
The marine parks are maintained for the recreation of the public and the greatest possible use is encouraged, subject only to such regulation as will preserve the parks for the purposes for which they are laid out and the enjoyment, convenience and safety of all concerned. (Ord. 06-22, 2006)
12.50.080 Marine park operating policy.
A. Except for unusual and unforeseen emergencies, city marine parks shall be open to the public during the days and hours as posted by the city manager.
B. The city manager may authorize an on-site park host to help oversee park rules and perform routine maintenance responsibilities. (Ord. 06-22, 2006)
12.50.090 Activities prohibited – Exceptions.
The following activities in any Silverton marine park shall be prohibited:
A. Use of Alcoholic Beverages in Parks. It is unlawful for any person to possess or consume any alcoholic beverage in a marine park.
B. Sale, Possession, Use and Discharge of Fireworks. It is unlawful for any person to sell, keep or offer for sale, expose for sale, possess, use, explode or have exploded any fireworks in any marine park.
C. Overnight Use of Marine Parks. With the exception of the park host, it is unlawful for any person to set up tents or any other temporary shelter or to use house trailers, campers, RVs or automobiles for the purpose of overnight camping in any city marine park.
D. Hunting and Firearms. It is unlawful for any person to hunt, trap or pursue wildlife at any time, or to use, carry or possess firearms, air rifles, spring guns, bows and arrows, slings or any other form of weapon potentially harmful to wildlife and/or human safety, or any instrument that can be loaded with and fire blank cartridges or any kind of trapping device, or any weapon designated as dangerous by the laws of the state of Oregon in a city marine park.
E. Swimming. No person shall swim in any area posted as a no swimming area. No person shall use a public dock for the purpose of ingress or egress while swimming in the marine park.
F. Boating. It is unlawful for any person to navigate, direct or handle any boat in such a manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupants of any other boat or swimmer.
G. Kindling Fires. It is unlawful for any person to light, kindle or use any fire in any marine park except in fireplaces, stoves or receptacles provided for that purpose.
H. Vandalism. It is unlawful for any person to break, destroy or damage any shrubs, grass, trees, plants, flowers, fences, buildings, equipment, recreational apparatus, tables, benches, seats or any other lands or property or improvements of any kind within city marine parks.
I. Dumping Refuse or Debris in Parks. It is unlawful for any person to throw, leave or deposit any bottle, broken glass, ashes, wastepaper or other rubbish, or break any glass in any marine park, except at such places or in such receptacles as may be designated or provided by the city.
J. Park Traffic Regulations. It is unlawful for any person to drive any automobile or other vehicle as defined in the Oregon Motor Vehicle Code within such marine parks contrary to the rules and regulations set forth in the Oregon Motor Vehicle Code or any ordinance of the city for the operation of vehicles operating within the city limits. It is unlawful for any person to disobey any of the signs erected for the direction of traffic within such parks pursuant to this chapter, or any rules made pursuant to this chapter.
K. Personal Abuse. No person shall blow, spread or place any nasal or other bodily discharge or spit, urinate or defecate on the floors, walls, partitions, furniture, fittings or any portion of a public convenience station located in any marine park in the city, or in any place in such station, excepting directly into the particular fixture provided for that purpose.
L. Abuse of Plumbing. No person shall place a bottle, can, cloth, rag or metal, wood or stone substance in the plumbing fixtures in such stations.
M. After-Hours Use. No person shall use, remain, occupy, or be found in any city marine park after posted hours of use. (Ord. 06-22, 2006)
12.50.100 Exclusion from parks.
A police officer may exclude any person who violates a provision of SMC 12.50.090 from the marine park for a period of not more than one year.
A. Written notice shall be given to a person excluded from the parks. The notice shall specify the dates of exclusion and shall be signed by the issuing officer. Warning of consequences for failure to comply shall be prominently displayed on the notice.
B. If a person excluded from a park is found therein during the exclusion period, that person is subject to immediate arrest for criminal trespass pursuant to state law. (Ord. 06-22, 2006)
12.50.110 Penalties.
Any person who violates any provisions of this chapter shall, upon conviction, be punished by a fine of not more than $500.00. (Ord. 06-22, 2006)
12.50.120 Emergency clause.
The general welfare of the public will be promoted if the ordinance codified in this chapter takes effect immediately. Therefore, an emergency is declared and the ordinance codified in this chapter shall take effect immediately upon its passage by the council and its approval by the mayor. (Ord. 06-22, 2006)