Chapter 12.36 PARK AND RECREATION AREA USE REGULATIONS

The city 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 such areas, protect the health, safety and well-being of the public, and insure the greatest use and enjoyment for all park users of the benefits from such areas, it is necessary to make regulations and provisions the city council deems necessary. (Ord. 842 § 1, 1995)

12.36.020 Short title.

This chapter shall be known and may be cited as the city’s park rules. (Ord. 842 § 2, 1995)

12.36.030 Definitions.

As used in this chapter:

“Park” or “park area” means the city’s community parks, area parks and other park classifications, the buildings and other facilities located within such areas, public bike paths and pedestrian ways (but not sidewalks along city streets), recreation facilities, including those grounds and areas commonly referred to as the timber days grounds and greenway and riverbank areas, or portions thereof, which have been placed under city jurisdiction, either by deed or dedication, regardless of whether such areas have been opened up for public use. Park areas include any river or streams adjacent to park areas.

“Council” means the Sutherlin city council.

“Criminal negligence” means that a person fails to be aware of a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to be aware of it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. Where the definition of an offense prescribes criminal negligence as the culpable mental state, it is also established if a person acts intentionally or knowingly.

“Park employee” means any regular employee of the city who has been assigned to the parks and recreation department.

“Parks and recreation director” or “director” means the individual designated by the city manager to be in charge of the parks and recreation department of the city or the person designated by the director to perform some or all of the functions of that position.

“Off-road vehicle” means every self-propelled motor vehicle designed or capable of traversing on or over natural terrain, including but not limited to snowmobiles, minibikes, motorcycles, four-wheel drive trucks, pickups, all-terrain vehicles, jeeps, motor vehicles, half track and helicopters.

“Special event” means the use of a park or park area which constitutes one or more of the following:

1. Large or special use of an area or facility;

2. Create a special demand for park services such as parking, cleaning, power or water;

3. Requires coordination so that other users can co-exist without disruption; and

4. Which constitutes a commercial use.

“Alcohol” or “alcoholic beverage” means any form of alcohol containing more than one-half of one percent alcohol by volume, including but not limited to malt and fermented beverages, whether licensed for sale in the state or not. (Ord. 842 § 3, 1995)

12.36.040 General rules and regulations.

The general rules and regulations for the city parks and park areas shall be as provided in this chapter. Unless otherwise provided, although an offense defined under this chapter requires no culpable mental state with respect to one or more of its material elements, the culpable commission of the offense may be alleged and proved, in which case criminal negligence constitutes sufficient culpability. The parent or parents of an unemancipated minor child, other than a parent who is not entitled to legal custody of such child, shall be liable for any damage to persons or property and responsible for the acts committed by such child. (Ord. 842 § 4 (part), 1995)

12.36.050 Fires in park areas.

A. It is unlawful to build or permit to be built a fire in any park area unless the fire is confined to:

1. Park camp stoves or fireplaces;

2. Portions of parks designated as permitting fires;

3. Portable stoves in established picnic areas and designated where fires are permitted.

B. No fire shall be left unattended, and every fire shall be extinguished before its user leaves the park area.

C. If, in the judgment of the parks and recreation director, there exists a danger that even confined fires may spread, such as in dry seasons or during times of high winds, all outdoor fires may be prohibited in parks. (Ord. 842 § 4(1), 1995)

12.36.060 Unlawful acts.

It is unlawful to:

A. Use an animal or any weapon, stick, stone, missile or other device of any kind which causes or tends to result in the destruction, injury, disturbance or molestation of any wild or domestic animal, fowl or fish (except fishing in designated areas) or any habitat thereof within a park or park area;

B. Give, or offer, or attempt to give, any animal within a park, any tobacco or other known noxious article, or any thing the giving of which is prohibited by printed notices conspicuously posted therein;

C. Discharge any firearm, pellet gun, BB gun, slingshot, bow and arrow, or other weapon capable of injuring any person, bird or animal; provided, however, this paragraph shall not apply to the use of officially approved weapons by duly authorized peace officers so authorized under the laws of the state of Oregon or the federal government, or except under agreement or special regulations of the council, or by permission of the parks and recreation director;

D. Possess any firearm, pellet gun, or BB gun in park area except as provided by law or by peace officers authorized under the laws of the state of Oregon or the Federal Government, or except under agreement or special regulations of the council, or by permission of the parks and recreation director;

E. Use a beanshooter, javelin, shotput, discus, horseshoe, golf equipment or self-propelled, remote or noncontrolled devices, such as model airplanes, helicopters or vehicles in or upon any park area, except in those areas specifically designated or provided for the particular use. (Ord. 842 § 4(2), 1995)

12.36.070 Additional unlawful acts.

For any person other than a person authorized by the parks and recreation director the following acts are declared to be unlawful;

A. The removal, destruction, breaking, injuring, mutilating or defacing in any way any structure, monument, statue, vase, fountain, faucet, barrier, wall, fence, gate, railing or other enclosure or part thereof or any vehicle, traffic recorder, sign, marker, bench, tree, shrub, fern, plant, flower, fixture or other property in any park;

B. The act of bringing upon any of the parks or having in such person’s possession while therein, any tree, shrub or plant, or any newly plucked branch or leaf or tree, shrub or plant;

C. The movement or removal of any sign, marker, monument, fence, barrier, faucet, buoy, traffic recorder, or other structure or facility of any kind in a park;

D. The digging, defacing or removal of any dirt, stones, rock or other substance whatever, make any excavation, quarry any stone, possess or discharge any explosive device, or lay or set off any blast, or roll any stones or other objects, or cause or assist in doing any such things within a park;

E. The possession, discharge or causing to be discharged of any firecracker, explosive, torpedo, rockets propelled by either water pressure or combustible materials, fireworks as defined by ORS 480.110, or other substance which could be harmful to park area visitors or resources;

F. The erection of any sign, marker, poster or inscription of any type within a park area. The posting of advertisements for any product or service will only be permitted at a designated resource board where appropriate;

G. The obstruction of the free use and enjoyment of any park, the placement of any straw, grass clippings, dirt, chips, paper, shavings, shells, ashes, swill, garbage, rubbish, refuse or debris, or the leaving or abandonment of any vehicle or part thereof in or upon any park; provided, however, the foregoing prohibition shall not apply to the landscaping and other maintenance activities of city employees and agents;

H. The entering of any park with straw, grass clippings, chips, paper, shavings, shells, ashes, swill, garbage, rubbish, refuse or debris that has originated from outside the park, for the purpose of disposing of any of the rubbish, refuse, or debris in the park; provided, however, the foregoing prohibition shall not apply to the disposal of garbage or refuse that results from the normal use of the park for recreational or other lawful purposes;

I. The operation or permission to operate any sound amplification system which is plainly audible at a distance of fifty (50) feet or more from the source of the sound, unless that system is being operated to request assistance or warn of a hazardous situation. This paragraph shall not apply to emergency vehicles as defined in ORS 801.260, vehicles operated by utilities as defined in ORS 757.005, 58.505 and 759.005, audio alarm systems installed in vehicles and Federal Communications Commission licensed two-way radio communications system. As used in this paragraph, “plainly audible” means any sound for which the information content of that sound is unambiguously communicated to the listener including, but not limited to, understandable spoken speech, comprehension of whether a voice is raised or normal or comprehensible musical rhythms or vocal sounds. (Ord. 842 § 4(3), 1995)

12.36.080 Peddling in parks.

It is unlawful for any person to sell, peddle or offer for sale any good, liquids, edibles for human consumption, or any goods, wares, services or merchandise or to solicit for a charitable contribution in a park unless that person has been granted a concession or a park permit by the parks and recreation director or by the city council and then only in conformance with applicable state and county regulations. (Ord. 842 § 4(4), 1995)

12.36.090 Motor vehicles.

Motor vehicles shall be operated and parked only on roads and in parking areas designated for motor vehicle use. Such roads and parking areas are intended for the use of the general public for vehicles and subject to all city, county and state ordinances and regulations. No operator shall park and no owner shall allow a vehicle to be parked within a park for the principal purpose of repairing or servicing the vehicle, except repairs necessitated by an emergency. No motor vehicle, off-road vehicle, motorcycle, trailer, bicycle, skates, skateboards, or other vehicle shall be permitted on any trail or in any part of a park not designated for such use, or on any road or trail posted as closed to the public; provided, however, this section shall not apply to those motor vehicles used in connection with city maintenance, fire and emergency medical vehicles or police patrol, or as permitted by the parks and recreation director.

Except for fire and emergency medical response and police patrols, no person shall operate any motor vehicle within a park at a speed in excess of fifteen (15) miles per hour unless the roadway is posted otherwise. (Ord. 842 §§ 4(5) and (6), 1995)

12.36.100 Animals.

Except for those animals which a significant number of park users have cooperatively adopted and cared for and which become attached to or associated with particular park buildings, no dog, cat or other animal of any kind shall be brought into or kept in a park area unless confined, or in a vehicle, or on a leash not longer than six feet without the express consent of the parks and recreation director. It is unlawful for any individual to leave an unattended animal in a poorly ventilated, confined area or a vehicle for a period of time which would be an act of cruel mistreatment. The authority of the parks and recreation director includes the authority to require the person keeping the animal to undertake any measures (including removal of the animal from the park) deemed by the parks and recreation director as necessary to prevent interference by the animal with the safety, comfort, and well-being of the park users, or the appearance or sanitary conditions of the park area. Persons in possession or control of an animal in a park shall be responsible for the removal and disposal of all waste material of such animal in waste receptacles. No animals, other than seeing-eye or hearing-ear dogs, shall be allowed in any building. (Ord. 842 § 4(7), 1995)

12.36.110 Horses.

No person shall ride, drive, lead or keep a horse or other livestock in any park, except on such roads, trails, or areas designated for that purpose. No horse or other such animal shall be hitched or tied in such a manner that may cause damage to such tree, shrub, improvement or structure. (Ord. 842 § 4(8), 1995)

12.36.120 Gatherings for special events.

Any form of gathering for special events or use of a park area at special times or for special uses or events shall be unlawful without specific authorization from the parks and recreation director and shall be in accord with state law, city and county ordinance and regulations as may now or hereafter exist. During any gathering for special events or use of a park area authorized under this section, no person shall use, possess or consume alcoholic beverages in any location other than a location designated by the parks and recreation director or the city council in the permit authorizing such gathering. (Ord. 842 § 4(9), 1995)

12.36.130 Waste or litter in streams, fountains and rivers.

No person shall wash any clothing or other materials, or deposit any material or other substance, or clean any fish, or introduce or place polluting substance, waste or litter in a stream, fountain or river in or along a park. (Ord. 842 § 4(10), 1995)

12.36.140 Camping out when park is closed.

It is unlawful for any person to camp out or sleep in any park area at such time when the park is closed, except by specific permission of the parks and recreation director, and only in areas designated for such purpose. (Ord. 1083 § 2 (Exh. B), 2021; Ord. 842 § 4(11), 1995)

12.36.150 Certain activities restricted to specific areas.

Certain activities, including but not limited to, group picnicking, camping, group camping, hiking and driving of vehicles, and riding of bicycles, skates, skateboards and horses may be restricted by the parks and recreation director to designated zones or areas, and such designations shall be observed. (Ord. 842 § 4(12), 1995)

12.36.160 Presence in park between sunset and sunrise unlawful—Exceptions.

It is unlawful for any person to enter or remain in any park or part thereof from sunset to sunrise, except as provided below:

A. A gathering for a special event or use of a park area at special times or for special uses or events which are authorized under Section 12.36.120.

B. The following persons, when engaged in the course of their duties: the parks and recreation director, city employees, law enforcement officers, fire and emergency medical personnel, and those persons authorized by the parks and recreation director.

C. There is no available space at the designated use sleeping areas and the person enters the park after hours in order to camp as permitted under Section 9.20.010(B).

Persons attending activities and events sponsored by the parks and recreation department or authorized by the parks and recreation director, or the use of park facilities designed for night use such as lighted sports fields or tennis courts. (Ord. 1083 § 2 (Exh. B), 2021; Ord. 842 § 4(13), 1995)

12.36.170 Climbing, walking and sitting on park structures.

It is unlawful for any person to climb any tree, or walk, stand, climb or sit upon a monument, vase, railing or fence in any park. It is unlawful for any person to walk, stand or sit upon any fountain. (Ord. 842 § 4(14), 1995)

12.36.180 Injuring or destroying park notices.

It is unlawful for any person to injure, deface or destroy any notice of the rules and regulations for the government of the parks, or other official notice which has been posted or permanently affixed by order or permission of the parks and recreation director. (Ord. 842 § 4(15), 1995)

12.36.190 Restroom regulations.

A. No male person, other than a child with its mother, or a park or law enforcement employee in the discharge of such employees regular duties, shall enter a public restroom or portable toilet, marked “women,” or loiter about the entrances of such restroom or portable toilet facility.

B. No female person, other than a child with its father, or a park or law enforcement employee in the discharge of such employees regular duties, shall enter a public restroom or portable toilet, marked “men,” or loiter about the entrances of such restroom or portable toilet facility.

C. It is unlawful for any person to blow, spread or place any nasal or other bodily discharge or waste or to spit, urinate or defecate on the floors, walls, partitions, furniture, fittings, or on any portion of any public restroom or portable toilet or in any place in such facility, excepting directly into the particular fixture provided for that purpose. Nor shall any person place any bottle, can, cloth, rag or metal, wood or stone substance in any of the plumbing fixtures in any such station.

D. It is unlawful for any person to stand or climb on any toilet fixture, toilet seat, basin, partition, or other furniture, fixture or fitting, or to push, crowd or otherwise act in a disorderly manner, or to interfere with any attendant in the discharge of his or her duties.

E. It is unlawful for any person to cut, deface, mar, destroy or break, or write on or scratch any wall, floor, ceiling, partition, fixture or furniture, or use towels in any improper manner, or waste soap, toilet paper, or any of the facilities provided in any public restroom or portable toilet facility. (Ord. 842 § 4(16)—(20), 1995)

12.36.200 Drinking fountains.

It is unlawful for any person to wilfully mark, scratch, disfigure, deface, or in any manner injure any public drinking fountain in the city, or throw, place or deposit in any cup or basin of same any cigar or cigarette stub, or any other matter or refuse whatever, or obstruct the regular flow of water thereof in any manner whatever. (Ord. 842 § 4(21), 1995)

12.36.210 Emergency situations—Persons to leave park at request of employee.

In case of an emergency, or in case where life or property are endangered, all persons, if requested to do so by the parks and recreation director, a peace officer or other park employee, shall depart from the portion of the grounds specified by such officer or employee, and shall remain off the same until permission is given to return. (Ord. 842 § 4(22), 1995)

12.36.220 Illegal activities prohibited.

No person shall engage in activity prohibited by any state, county or municipal law of Oregon while in a park or while engaged in parks and recreation department activities. (Ord. 842 § 4(23), 1995)

12.36.230 Violent conduct.

It is unlawful for any person to engage in, promote, instigate, encourage or cause fighting or similar violent conduct which would threaten the physical well-being of the public. (Ord. 842 § 4(24), 1995)

12.36.240 Fishing restricted.

It is unlawful for any person to fish from the banks of the Sutherlin Creek in a park area except in those areas designated for such purpose. (Ord. 842 § 4(25), 1995)

12.36.250 Smoking restricted.

In accordance with Oregon’s Clean Air Act, ORS 433.835 to 433.875, no person shall smoke or carry any lighted smoking device in a park building except in designated smoking areas. (Ord. 842 § 4(26), 1995)

12.36.260 Lost articles.

All articles found in park areas shall be turned over to a park employee and disposed of in accordance with ORS 98.005 and parks and recreation department administrative policies and procedures. (Ord. 842 § 4(27), 1995)

12.36.270 Alcoholic beverages.

It is unlawful for any person to consume alcohol, to possess an open container holding alcohol, or to open a container holding alcohol while in any park, except pursuant to a permit issued by the parks and recreation director under this section and in accordance with terms and conditions attached to such permit. In addition to any other penalties provided by this chapter, a person found to have violated this section shall forfeit for disposal the alcoholic beverage. The following conditions shall apply to permits concerning alcohol in the park:

A. Alcohol shall not be allowed in any children’s playground, on any boat ramp or docking facility or in any vehicular parking lot.

B. An alcohol permit shall be kept and maintained at all times in the possession of the group to whom it is issued, shall not be transferable and shall be limited in duration.

C. A group shall not be issued an alcohol permit unless they can satisfactorily demonstrate the following:

1. That they are at least twenty-one (21) years of age;

2. That they have paid applicable fees associated with such permit;

3. That they have agreed in writing to be responsible for any injuries or damage arising from the consumption of alcohol;

4. That they have completed the appropriate application form for administrative purposes;

5. That, if required, they have submitted satisfactory insurance, a security deposit and other documentation to demonstrate compliance with applicable Oregon (OLCC) laws and other security measures which may be required by the parks and recreation director; and

6. That they are not otherwise disqualified from obtaining a permit under this section.

D. A group who within twelve (12) months immediately prior to submitting their application for an alcohol permit or prior to consuming alcohol or possessing an open alcohol container in a park under some other valid alcohol permit has been found by a court to have violated a park rule (civil infraction or state law violation) or has been officially excluded from any park for a period longer than one day (and the exclusion was upheld, if appealed) is prohibited from exercising any park alcohol privilege.

E. A group who is denied an alcohol permit or other park alcohol privilege under subsection C or D of this section may take the matter up with the parks and recreation director whose decision on the matter shall be final. Unless otherwise determined by the parks and recreation director, however, the denial of the permit or other such privilege shall take effect from the initial point of decision.

F. Except for a group whose alcohol permit or privileges are denied under subsection E of this section, in addition to any other penalties provided by this chapter or other law, a person who is found to have violated a park rule (civil infraction or state law violation) or any condition under which an alcohol permit has been issued, shall forfeit their alcohol permit and all park alcohol privileges for a period of one year.

The forfeiture shall commence on the date notice of violation is delivered to the person. A person who disputes such violation under this paragraph may contest such determination pursuant to Section 12.36.310, unless the violation has been litigated or finally determined in a separate proceeding.

G. The privilege of receiving an alcohol permit or exercising any park alcohol privilege shall include and carry the following consequences:

1. The group will be responsible for any damages, injuries and/or costs which result from the consumption of alcohol in a park pursuant to such permit;

2. The group shall indemnify and, if requested, defend the city from any action brought to recover for such damages, injuries and/or costs; and

3. The city or any other injured person shall have a cause of action and may seek recovery for such damages, injuries and/or costs incurred from such permittee or their insurer.

H. Nothing contained herein is intended to authorize the consumption, possession, distribution or use of alcohol in any manner which is prohibited under Oregon law, or to modify the provisions of the Oregon Tort Claims Act (ORS 30.260 to 30.400). (Ord. 842 § 4(28), 1995)

12.36.280 Fees.

Fees, as established by the city council, may be charged for certain services and privileges, and for the use of designated areas, buildings or facilities. It is unlawful to enter or use such areas, buildings, services or facilities or to be granted those privileges unless the appropriate fee or fees have been paid. (Ord. 928 § 6, 2001: Ord. 842 § 5, 1995)

12.36.290 Rules of conduct.

A. The parks and recreation department shall adopt administrative rules for the conduct of persons using parks and recreation facilities, for the administration of special events and for participation in city programs in park areas. All persons participating in city programs shall be registered. The rules of conduct shall be administered by the parks and recreation director, park employees or persons employed by the city. Except as otherwise provided in this chapter, appeals from the application of such rules shall be conducted in the manner provided by the general ordinances of the city.

B. Where authorized to issue permits for certain activities in a park, the parks and recreation director may establish special procedures, including general permitting rules, for the efficient administration of such permits.

C. The city council, city manager and the parks and recreation director shall have the authority to close a park or a portion of a park to the public at any time and without notice for any reasonable and necessary circumstance including but not limited to construction and maintenance, and for all fire hazards.

D. The parks and recreation director, park employees designated by the parks and recreation director and city police officers are authorized to obtain compliance by the public with these rules and to issue reasonable directions in furtherance thereof. If any individual fails to obey or disregards the provisions of this chapter or an order or instruction given to obtain compliance with the provisions of this chapter, that individual shall be subject to ejection and temporary suspension of park use privileges. An individual who fails to leave or remain off of park premises or designated portions thereof after being so lawfully directed shall be subject to criminal trespass charges.

E. Notwithstanding the foregoing regulations, upon prior request the park director may allow temporary, minor deviations from the strict requirements of this chapter where the harm to park facilities and the risk to park users is negligible or nonexistent. (Ord. 842 § 6, 1995)

12.36.300 Excluding a person from a park.

A. In addition to other measures provided for violation of this chapter, or the laws of the state of Oregon, any peace officer, the parks and recreation director or any authorized park employee may exclude from all or any part of a park any person who violates any provision of this chapter or any law of the state of Oregon, for a period not to exceed ninety (90) days.

B. A person excluded under this section may not enter or remain upon any part of the park from which the person is excluded during the period of exclusion. An excluded person who enters or remains upon any part of a park from which the person has been excluded is a trespasser and may be arrested and prosecuted for the crime of Criminal Trespass in the Second Degree (ORS 164.245).

C. Written notice signed by the issuing party shall be issued to a person excluded from all or part of a park, which notice shall specify the reason for exclusion, places and duration of exclusion, and the consequences for failure to comply with the notice. The notice shall be given either by personal delivery or by certified mail return receipt requested. Unless otherwise expressly set forth in the notice, the exclusion shall commence immediately upon delivery of the notice to the excluded person.

D. The parks and recreation director is authorized to prepare a form of notice to be used in connection with excluding a person from a park and to include therein such additional material as are considered necessary for administrative purposes. (Ord. 842 § 7, 1995)

12.36.310 Appeals.

A. The procedures contained in this section shall apply to orders of the parks and recreation director, police officers or authorized park employees excluding a person from a park and revoking a permit or authorization for use of a park. Failure to follow the procedures contained herein shall constitute a waiver of the person’s right to bring an appeal of such order.

B. Not later than ten days after commencement of an order revoking a permit or excluding a person, the affected person may appeal in writing to the Sutherlin municipal court for de novo review of the order or may petition the Sutherlin municipal court to rescind or alter the order, or reduce the duration of exclusion. An appeal shall contain a copy of the order issued by the parks and recreation director, police officer or authorized park employee, a request for a hearing or request for written review without a hearing, and a statement setting forth the reason that the order is invalid, otherwise improper or why it should be changed. Failure to raise an issue with sufficient specificity to afford the parks and recreation director, police officer or authorized park employee an opportunity to respond to the issue precludes appeal to the municipal court on that issue.

C. If, as part of the written appeal, the person requests a hearing, a public hearing will be conducted by the Sutherlin municipal court or designee, within ten days after receipt of the appeal, and the municipal court will render a decision within ten days after the hearing.

D. The procedure to be followed for such hearing shall be as provided in cases of civil infractions. The municipal court may question witnesses and review all documentation referred to by the witnesses. Unless the municipal court orders otherwise, there shall be no continuance or reopening of the hearing.

E. At any time during an exclusion, an excluded person may petition in writing to the city manager, or designee, for a temporary waiver of the exclusion for good reason.

F. Upon written notice of an appeal, any exclusions from city property will be held in abeyance until the hearing has been concluded. (Ord. 1083 § 2 (Exh. B), 2021; Ord. 842 § 8, 1995)

12.36.320 Violation—Penalty.

A. Except as otherwise provided, a violation of this chapter is a civil infraction and shall be punishable by a fine not to exceed five hundred dollars ($500.00). Each violation of a provision of this chapter shall constitute a separate offense, and each day that a violation of this chapter is committed or permitted to continue, shall constitute a separate offense. In addition to any other forfeiture, remedy, order or penalty provided by law or city ordinance, the court, upon a determination of a violation, may order the exclusion of a person from a park or any portion thereof for a period of up to one year.

B. In addition to other remedies provided by this chapter or other law, the parks and recreation director is authorized to revoke the permit or approval given or issued to a person who violates any rule or regulation set forth in this chapter or any condition under which the permit was issued. Such determination shall be in writing and delivered to the person to whom the permit was issued. Any person aggrieved by the revocation of such permit may appeal such determination in accordance with the procedures provided in Section 12.36.310.

C. The remedies provided by this chapter for violations thereof are cumulative and the pursuit of one remedy shall not preclude the use of another. In addition, where an offense defined under this chapter is also punishable under state law or Sutherlin ordinance, the use of a remedy or remedies provided by this chapter shall not be construed as an election of remedies or otherwise preclude the use of additional or alternative remedies or penalties provided by law.

D. Where a person has been refused a permit or authorization for use of a park by order of the parks and recreation director and such refusal is not in connection with an order otherwise appealable to the municipal court under Section 12.36.310, an aggrieved person may petition in writing to the city manager, or designee, for reconsideration of such refusal. (Ord. 842 § 9, 1995)