Chapter 12.50
PARKS AND RECREATION
Sections:
12.50.020 Powers of the city council.
12.50.030 Permits required for park uses.
12.50.050 Objection to permit denial or conditional permit – Council hearing.
12.50.060 Permits to be exhibited.
12.50.070 Permits subject to ordinances and regulations – Indemnification.
12.50.080 Permits nontransferable.
12.50.100 Parks to be kept free of rubbish.
12.50.110 Vandalism – Possession of flowers and shrubs.
12.50.130 Emergency conditions.
12.50.140 Damaging park property.
12.50.150 Prohibited park activities.
12.50.010 Definitions.
As used in this chapter, unless the context requires otherwise, the following definitions apply:
(A) “Applicant” includes any natural person, entity or organization capable of using parks in the city.
(B) “City” means the city of Cornelius, Oregon.
(C) “City manager” or “manager” means the Cornelius city manager. Wherever this chapter grants authority to the manager, that authority may be exercised by any person designated by the manager.
(D) “Council” means the Cornelius city council.
(E) “Park” means any publicly owned real property, and the buildings, structures and facilities thereon, placed under the control of the city and used and/or intended for park or recreational purposes and including parks, squares, openings, public grounds, trails, and grounds surrounding public buildings.
(F) “Parks reservation center,” “reservation center” or “center” means the person(s) authorized by the city manager to receive, process, issue or deny permits for the use of any park. [Ord. 906 § 1, 2009; Ord. 2020-05 § 1 (Exh. A), 2020.]
12.50.020 Powers of the city council.
The council may adopt such rules and regulations for the use, management, and supervision of the parks as the council may deem reasonable and necessary or delegate such function to the manager.
The city manager is authorized to make such rules and regulations not in conflict with the city’s ordinances as the manager finds necessary for the control and management of city parks. [Ord. 906 § 1, 2009.]
12.50.030 Permits required for park uses.
A permit is required for any activity in a park under any one or more of the following circumstances:
(A) The activity is intended to involve, or actually involves, as participants and/or spectators, at any one time, 25 or more persons;
(B) The activity includes the placement of any temporary or permanent structure or equipment that may cause damage to the park or create potential liability risk;
(C) The activity is likely to or requires provision of additional city services, including but not limited to: police or fire protection; water; sewer; placing, removing, opening or closing bollards, gates or fences; or, the preparation of fields or other park facilities;
(D) The person or persons engaged in the activity seek to exclude, or to have the right to exclude, member(s) of the public from their activity, park or area thereof;
(E) The activity includes using the park or park area for purposes such as conducting business, charging admission or otherwise receiving payment for goods or services related to the activity or involving the consumption of alcoholic beverages;
(F) The operation and/or sales of fixed or mobile concessions on any city property, except by approved city permit or license, is prohibited. [Ord. 906 § 1, 2009.]
12.50.040 Applications.
(A) Any person desiring a park permit shall apply to the parks reservation center on forms prepared by the city. Permit fees shall be established by council resolution. Every application shall include information as to the following:
(1) The purpose for which the park is proposed to be used;
(2) The date and time of the proposed use;
(3) The name of the park and the area thereof that would be used;
(4) The anticipated number of persons who would be present at the activity;
(5) Whether alcoholic beverages are anticipated to be served or consumed;
(6) Whether amplified sound devices are or may be used during the course of the event;
(7) The name and mailing address of the applicant;
(8) Whether the applicant will provide insurance coverage for the activity and the amount(s) thereof;
(9) Such other information relating to the proposed use of the park as the manager may require.
(B) The center shall issue the permit if a complete application is filed and all of the following conditions are met:
(1) The proposed activity is lawful and consistent with the size of the park and any specialized purpose(s) for which it is normally used, or for which the park can be adapted;
(2) The proposed activity will not create adverse impact(s) from noise, litter or traffic on the park or surrounding neighborhood;
(3) The proposed activity does not pose a risk to public health or safety or to the physical integrity of the park;
(4) The applicant pays all required fees and agrees to comply with all conditions of the permit;
(5) The proposed activity does not conflict with an activity scheduled for the park or for which a different permit has been applied for or issued.
(C) The parks reservation center with concurrence of the manager may allow for the use of a park during hours when the park is typically closed.
(D) Provided the proposed use as set in the application meets all criteria set out in subsection (B) of this section, a permit shall be issued to the applicant. In the event the proposed use does not meet all relevant criteria set out in subsection (B) of this section, the center may deny the application; impose conditions on the applicant or issue a permit for a different date, time, park or park area so as to meet such criteria.
(E) Actions by the reservation center shall be completed within seven days after a completed application is deemed filed. Any final action by the center concerning issuance or denial of a permit application will be done in writing and be sent by first class mail to the applicant. [Ord. 906 § 1, 2009.]
12.50.050 Objection to permit denial or conditional permit – Council hearing.
(A) Any applicant whose application is denied, is issued a permit other than as applied for or who otherwise objects to the conditions imposed in the permit for use of the park may appeal to the council. The appeal shall:
(1) Be in writing;
(2) Delivered to and filed with the office of the city recorder within five business days of the applicant’s receipt of notice of the city’s action;
(3) Set out in general terms the nature of any objection(s) the applicant may have to the city’s action;
(4) Include a copy of the permit, any conditions attached thereto and the notice of the city’s denial; and
(5) Any other information which the applicant believes is relevant to the council’s review of the city’s action on the permit.
(B) Upon receipt of an appeal the recorder shall schedule the appeal before the council, which shall hear the matter within 30 days after the city recorder schedules the hearing. At the hearing, the council may take testimony and argument from the applicant and others who the council believes may have an interest in the matter and, at the close of the hearing, affirm, reverse or modify the city’s decision consistent with the criteria set out in CMC 12.50.040(B).
(C) In determining whether the criteria of CMC 12.50.040(B) are met no consideration by either the center or the council shall be given to constitutionally protected expression or activity. No permit shall be required under this chapter, nor condition imposed, if doing so would violate rights protected by either the Oregon or Federal Constitutions.
(D) No permit shall be required under this chapter in order for any person to participate in any activity programmed by or sponsored by the city of Cornelius or a duly authorized agent thereof. [Ord. 906 § 1, 2009.]
12.50.060 Permits to be exhibited.
Any applicant will ensure that a permit is readily available or displayed for any activity for which a permit is required under the terms of this chapter. [Ord. 906 § 1, 2009.]
12.50.070 Permits subject to ordinances and regulations – Indemnification.
All permits issued under this chapter shall be subject to any rules and regulations relating to park use as prepared by the city manager and such other city, state or federal regulations as may apply to the activity or person(s) involved therein.
Any applicant issued a permit under this chapter shall be liable for any loss, damage, or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall be issued, as well as for any breach of such rules, regulations, and ordinances, to the person or persons so suffering damages or injury, and shall indemnify, defend and hold harmless the city and its officers, employees and agents from any and all claims, demands, actions and suits (including all attorney fees and costs, through trial and on appeal) arising from the permittee’s use of the park under the permit. [Ord. 906 § 1, 2009.]
12.50.080 Permits nontransferable.
Any permit issued under this chapter shall be personal to the permittee, and shall be void if transferred or assigned in any manner, except with the written consent of the manager. [Ord. 906 § 1, 2009.]
12.50.090 Alcoholic liquor.
It is unlawful for any person to sell, possess or consume any alcoholic beverage in any park, except by specific written permit issued by the city manager on this topic and after proof of compliance with Oregon Liquor Control Commission regulation (if necessary) is first shown to the manager. A copy of any OLCC permit shall be included in the city records relating to issuance of a permit under this chapter. A permit granted under this section may contain such conditions as, in the judgment of the manager, are deemed appropriate. [Ord. 906 § 1, 2009.]
12.50.100 Parks to be kept free of rubbish.
(A) It is unlawful for any person to obstruct the free use and enjoyment of any park, or place any straw, dirt, chips, paper, shavings, shells, ashes, swill, or garbage, or other rubbish, or refuse or debris, in or upon any park.
(B) It is unlawful for any person to enter any park with straw, chips, paper, shavings, shells, ashes, swill, or garbage, or other rubbish or 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. [Ord. 906 § 1, 2009.]
12.50.110 Vandalism – Possession of flowers and shrubs.
It is unlawful for any person to remove, destroy, break, injure, mutilate, or deface in any way any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, tree, shrub, fern, plant, flower, or other property in any park.
It is unlawful for any person other than an employee of the city to bring upon any of the parks or have in his possession while therein any tree, shrub, or plant, or any newly plucked branch or leaf or tree, shrub or plant. [Ord. 906 § 1, 2009.]
12.50.120 Animals in parks.
(A) Unless otherwise provided by permit or rule of the city manager, it is unlawful for the owner, possessor, or keeper of any animal to permit such animal to enter any lake, pond, fountain, or stream, or to roam at large in any park, and, if such animal is found in any lake, pond, fountain, or stream or in any park it may be impounded.
For purposes of this section, a dog is deemed to “roam at large” if it is not held on a leash, except in such parks or portions of parks as the manager or council designates as off-leash areas. Nothing in this section shall limit the authority of the manager to terminate, alter or amend the designation of any off-leash area.
(B) Owners of dogs or other animals damaging or destroying park property will be held liable for the full value of the property damaged or destroyed, in addition to any impounding fees and the penalty imposed for violation of this section.
(C) Domestic animal waste shall be immediately removed and properly disposed of by the owner. [Ord. 906 § 1, 2009.]
12.50.130 Emergency conditions.
In case of an emergency, or in cases where life and property are endangered, all persons, if requested to do so by the manager, shall depart from the portion of the grounds specified and shall remain off the same until permission by the manager is given to return. [Ord. 906 § 1, 2009.]
12.50.140 Damaging park property.
It is unlawful for any person to cut, remove, deface, injure, damage, or destroy any property in any city park, or any fence, gate, or other enclosure, or part thereof, around any city park. [Ord. 906 § 1, 2009.]
12.50.150 Prohibited park activities.
It is unlawful to conduct or perform the following activities in any city park:
(A) Use or possession of fireworks and firearms in any city parks, except as may be permitted by the city. “Firearms” shall include, but not be limited to, B-B guns, air guns, slingshots, rifles, pistols and other similar devices.
(B) Fires, except in Underwriters Laboratory (UL) approved portable barbecues or large commercial barbecues as permitted by the city.
(C) Hitting golf balls.
(D) The use of any discus, shot put, javelin, golf ball, hammer, arrow, boomerang or other object not intended to be caught or intercepted, except in an approved designated area (i.e., horseshoe pits) and/or permitted game/sports event.
(E) The use of amplified sound or public address systems at sound levels extending the sound beyond the boundaries of the city park, except as may be otherwise allowed in a permit issued under Chapter 9.20 CMC (Noise Regulations).
(F) Operation of motorized model rockets and aircraft, unless permitted by the city.
(G) Staying overnight in any vehicle in any city park or an adjacent public parking lot.
(H) Use of bicycles, scooters, roller-skates/blades and skateboards other than on paved paths or such areas posted for their use. [Ord. 906 § 1, 2009.]