Chapter 8.35


8.35.010    Title and purpose.

8.35.020    Conduct on park property.

8.35.030    Hunting, firearms and fireworks.

8.35.040    Animals.

8.35.050    Vehicles.

8.35.060    Business operations, leafleting, and organized events.

8.35.070    Specific recreational activities.

8.35.080    Permits.

8.35.090    Closures.

8.35.100    Exclusions.

8.35.110    Enforcement of rules and regulations.

8.35.010 Title and purpose.

(1) The city of Burns (“city”) has adopted the following rules and regulations to ensure that Burns’ parks and recreation system remains beautiful, inviting, and safe for the community and our visitors. We ask for your cooperation to ensure the integrity of the park system remains intact.

(2) Unless otherwise authorized by the city council or a designee, the following rules and regulations govern the conduct of the users of the parks, trails, natural areas, and recreation facilities located on park property within the city of Burns. In addition to these rules, the city council is authorized to establish rules and regulations applicable to specific park properties or facilities in any manner that provides for the productive, sustainable, and safe operation and use of park resources.

(3) The term “city council” means the elected officials who govern the city of Burns. The term “designee” means those persons designated by the city council from time to time to monitor and enforce the park’s rules and regulations and include, but are not limited to: code compliance and police department. “Parks,” “facilities,” “recreation areas” and “programs” mean and refer to all property or programs owned or controlled by the city of Burns and operated for the public’s use. [Ord. 23-885 § 1, 2023]

8.35.020 Conduct on park property.

(1) No person shall disturb or otherwise endanger the comfort, health, peace, or safety of others.

(2) No person shall violate any city, county, state, or federal laws, ordinances, or regulations while on parks property. Criminal activity on parks property will be reported to the Burns police department.

(3) No person shall damage, remove, tamper with, modify, or deface parks property, including vegetation, dirt, and rocks.

(4) Open fires, other than warming fires in a designated fire pit and propane barbecues or camp stoves, are prohibited. Portable propane camp stoves and gas barbecues are permitted to the extent that they are operated in a safe manner.

(5) No person shall litter, accumulate, or store refuse on any park property. Garbage and refuse shall not be brought to park property for disposal. Persons may not deposit or abandon any garbage, refuse, trash, waste, or other materials except in receptacles specifically provided for such purposes.

(6) No person shall create a noise, within park property, by use of sound-amplifying device or otherwise, that is unnecessarily loud at a distance of 50 feet from the source except as authorized by the city council or a designee. A noise is “unnecessarily loud” if it interferes with normal spoken communication or could reasonably disturb sleep.

(7) No person shall urinate or defecate on park property except in restroom toilets or portable toilets provided for that purpose. [Ord. 23-885 § 1, 2023]

8.35.030 Hunting, firearms and fireworks.

(1) No person shall use a weapon, as defined in ORS 166.360, except as authorized under Oregon law.

(2) Hunting, trapping, or removing any wild animal is prohibited unless authorized by the city council, a designee, or other government agency with jurisdiction.

(3) No person shall possess or use fireworks or other explosives. [Ord. 23-885 § 1, 2023]

8.35.040 Animals.

(1) No person shall feed birds, deer, or other wildlife.

(2) No person shall damage, harm, injure, molest, or otherwise disturb any wildlife or wildlife dwelling except as authorized by the city council, a designee, or other government agency with jurisdiction.

(3) Horses and other stock animals are prohibited, except as authorized by the city council or a designee.

(4) Owners or keepers of an animal (hereinafter referred to as “owners”) are responsible and liable for the animal’s actions. Animals or owners may be excluded from park property for failure to abide by park rules.

(5) Owners shall maintain control of dogs by securely holding onto a physical leash (not an electronic control device) that is attached to the dog, except when in a designated off-leash area. Dogs may not be secured to a stationary object and left unattended on park property.

(6) Owners shall promptly pick up and dispose of animal waste in proper receptacles.

(7) Owners shall not allow an animal to damage the property of another, including by digging or burrowing, or to harass, threaten, injure, or fight with any wildlife, animal, or person.

(8) Any dog that has a set of permanent canine teeth or that is six months of age or older, whichever comes first, must be licensed and current in vaccinations. Owners shall be found in violation of this rule if a dog is not wearing its collar and tag.

(9) Owners shall also comply with all rules and guidelines posted at any off-leash dog areas. [Ord. 23-885 § 1, 2023]

8.35.050 Vehicles.

(1) Motorized vehicles are prohibited except in roadways, parking areas designated for motorized vehicles, as needed for public safety purposes, or by permit.

(2) No vehicle shall be parked in a loading zone on park property for more than the posted time limit.

(3) No person shall park a vehicle on park property unless the operator or passengers are using park facilities or participating in park programs. No person shall park a vehicle on park property for the purpose of offering the vehicle for sale.

(4) No person shall block the flow of traffic in a parking lot, or prevent emergency vehicle access, by double parking or blocking a fire hydrant, driveway or entry gate, or parking in an undesignated or unauthorized space.

(5) No vehicle may be parked on park property between 10:00 p.m. and 5:00 a.m., except:

(a) As authorized by the city council or a designee;

(b) During park program or operating hours; or

(c) In parking lots designated as having sunrise to sunset hours.

(6) Vehicles left upon park property in violation of these rules or in violation of Oregon law may be towed in accordance with Oregon law. [Ord. 23-885 § 1, 2023]

8.35.060 Business operations, leafleting, and organized events.

(1) The following activities are prohibited on park property unless specifically authorized by the city council or a designee and with evidence of such permission on their person:

(a) Operating a fixed or mobile concession.

(b) Soliciting, selling, offering for sale, peddling, hawking, advertising, or vending any goods or services.

(c) Busking, begging, or panhandling.

(d) Displaying commercial advertisements, signs or business cards on facility bulletin boards or elsewhere on park property without prior approval.

(2) Handbilling and leafleting is permitted as long as the method of distribution does not violate park rules and regulations.

(3) No person shall organize, conduct, or participate in any event or other scheduled activity that is publicly advertised without prior authorization from the city council or a designee. All business activities on park property require a permit obtained through the city of Burns system. “Business activities” are defined to include camps, classes, exercise classes, sale of merchandise or services, or other programmed activities under the organization, direction or supervision of an individual or organization. Scheduled park activities have priority use of all park facilities. [Ord. 23-885 § 1, 2023]

8.35.070 Specific recreational activities.

(1) The use of metal detectors is prohibited on park property unless pursuant to a permit.

(2) Slacklines, hammocks, and similar devices are not permitted.

(3) Geocaching/letterboxing is permitted to the extent that the activity is consistent with park rules, guidelines, and regulations protecting people and property.

(4) Activities involving the use of airborne projectiles that may harm people or property is prohibited except as authorized by the city council or designee. This prohibition includes, without limitation, golfing, archery, discus, javelin, shotput, and model rockets.

(5) Unmanned aerial vehicles (e.g., UAVs or drones) and other remote-controlled devices are permitted, except as prohibited by the city council or a designee, to the extent that they do not endanger the comfort, health, peace, or safety of others or cause harm to park property. Such devices shall be operated in accordance with such guidelines as may be adopted by the city council from time to time.

(6) No person shall use any rolling device including, but not limited to, bicycles, skateboards, scooters, or in-line skates, in a manner that could potentially harm people, pets, wildlife, or property. Such rolling devices are not permitted on any plazas, park furniture or retaining walls, stairs or handrails, sports fields, sports courts, playgrounds, off-leash areas, areas reserved for special events, and other areas as designated by the city council or a designee.

(7) No person shall tether, launch or land a hot air balloon, paraglider, parachute, or other similar device unless authorized by the city council or a designee.

(8) No person shall tether, tie, or otherwise attach any device to any park bridge, property, fence, or building except as authorized by the city council or a designee. [Ord. 23-885 § 1, 2023]

8.35.080 Permits.

(1) The city council or a designee shall have the authority to issue permits, or to grant exceptions or waivers to any of the terms of these rules and regulations for authorized events and activities.

(2) Permit holders shall keep the permit on their person at all times while engaging in the permitted activity.

(3) Permit holders must abide by all park rules and regulations unless granted an exception or waiver by the terms of the permit. Permit holders are required to abide by the conditions of the permit at all times.

(4) Permit holders shall be liable for any loss, damage, or injury to any person, or property caused by a permit holder’s use of park facilities pursuant to the permit.

(5) The city council or a designee has the authority to revoke a permit upon finding of violation of any rule, regulation or ordinance, or for other cause. [Ord. 23-885 § 1, 2023]

8.35.090 Closures.

(1) Parks are closed from sunset to sunrise unless otherwise posted or designated. It shall be unlawful to enter or remain on city property during closed hours, except:

(a) A person may enter upon a closed park property for a reasonable amount of time to retrieve their personal property or vehicle;

(b) Pedestrians may travel through park property to destinations outside of park property;

(c) City staff and emergency responders may enter closed areas in the course of executing their duties; or

(d) By permit. [Ord. 23-885 § 1, 2023]

8.35.100 Exclusions.

(1) City council or designee may exclude a person from park property, subject to Oregon law, for any of the following:

(a) Violation of park rules and/or regulations;

(b) An arrest for any criminal act defined in the Oregon Revised Statutes;

(c) The person is deemed a public threat to visitors or to any park staff or property.

(2) The exclusions shall be as follows:

(a) Initial exclusions for park rules and regulations: 30 days;

(b) Initial exclusions for criminal act in a park: 90 days;

(c) Enhanced exclusions for commission of Criminal Trespass II (ORS 164.245): one year. [Ord. 23-885 § 1, 2023]

8.35.110 Enforcement of rules and regulations.

(1) The city council, a designee, or any peace officer as defined under ORS 133.005(3) is vested with authority to enforce these rules and regulations and to take the following action:

(a) Issue citations and/or exclusions as provided by the park’s conduct and exclusion policy and Oregon law to any person who violates any provision of the park’s rules and regulations.

(b) Refuse entrance to a park facility or programs, or to require a person to leave a park property, facility, or program.

(2) No person shall refuse to leave any park property, facility, or program after being directed to leave by a peace officer or the city council or a designee. Entering or remaining unlawfully in or upon park property may subject a person to exclusion, arrest and prosecution for criminal trespass in the second degree pursuant to ORS 164.245, and/or enhanced exclusion.

(3) No person shall interfere with any park personnel or peace officer enforcing these rules and regulations. Intentionally acting in a manner that prevents or attempts to prevent park personnel or a peace officer from enforcing these rules and regulations may subject a person to exclusion or prosecution pursuant to ORS 162.245.

(4) Pursuant to this code, violation of these regulations is a violation punishable upon conviction by a fine not to exceed $250.00, by exclusion, or both.

(5) Should any word, sentence, paragraph, clause or phrase of this chapter be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of this chapter, which shall remain in full force and effect. [Ord. 23-885 § 1, 2023]