Chapter 12.28
PARK AND FACILITY USE REGULATIONS

Sections:

12.28.010    Purpose.

12.28.020    Authority.

12.28.030    Reservation requests.

12.28.040    Classification of groups and priority of use.

12.28.050    Hours of operation.

12.28.060    Sound.

12.28.070    Nonprofit fund raising.

12.28.080    Alcohol.

12.28.085    Smoking in park facilities.

12.28.090    Vehicles.

12.28.100    Site plan.

12.28.110    Requirements and fees for commercial photography activities.

12.28.120    Hot air balloons.

12.28.130    Fencing/staking.

12.28.140    Restrooms.

12.28.150    Garbage.

12.28.160    Security.

12.28.170    Appeal.

12.28.180    Penalty.

Prior legislation: Ords. 9-119, 12-218, 2000-37 and Resos. 13-461 and 2003-68.

12.28.010 Purpose.

The city of Eagle Point’s parks and facilities are established and maintained as areas of recreation, relaxation and enjoyment for the citizens of Eagle Point. It is the intent of the city to maximize the usage of these facilities within the limits of space, design and accommodations available at each park site.

The goal of the city, under council direction, is to provide opportunities for a full range of recreational facilities, activities and programs to meet the demands of all ages within our expanding population. The Ashpole Community Center provides an opportunity for business, civic and social gatherings intended to promote the general welfare of the citizens of Eagle Point.

The purpose of these rules and regulations is:

A. To facilitate maximum use of public facilities by the general public.

B. To coordinate the use of the community center and city park and recreation facilities, thus assuring maximum opportunity for use through the convenience of advance reservations.

C. To provide facilities at minimal or no cost to the general public, but where exclusive use takes place or special handling is required, to assess the appropriate fee, if applicable.

D. To coordinate the public use of facilities with maintenance, construction and other activities. [Ord. 2015-05 § 1 (Exh. A); Res. 2004-02, Exh. A].

12.28.020 Authority.

Eagle Point Ordinance No. 12-218. [Ord. 2015-05 § 1 (Exh. A); Res. 2004-02, Exh. A].

12.28.030 Reservation requests.

A. Reservation Guidelines.

1. Reservations may be made by going to the City Hall, or by mailing in a completed reservation form and appropriate fee.

2. Requests must be filed on the appropriate form, 14 working days in advance of use. If booths, play structures, or other equipment are part of the event, the request must be submitted 30 days prior to the event.

3. All appropriate fees related to the reservation must be paid at the time the reservation is made.

4. No telephone reservations will be accepted. In the event that a reservation request of any type is made by phone, the office staff will inform the caller that an appropriate application form is being mailed. The reservation will be added to the calendar only upon receipt of the written request and fee.

5. Reservations may be made after January 3rd of each year for that calendar year. The community center may be reserved throughout the year. Parks may be reserved for use between March 1st and October 31st each year. Requests for reservation dates outside this time frame will be reviewed by the city administrator and approved, using the following criteria:

a. The proposed use will not adversely affect the park turf;

b. The proposed use does not interfere with park maintenance of the facility;

c. The proposed use does not require reactivation of park systems closed during winter months (i.e., restrooms, water, etc.); and

d. Parking is adequate to serve the number of customers expected to use the facility.

6. Groups or individuals residing outside the city limits of Eagle Point may apply for park permits no more than 30 days in advance of the event.

B. Liability.

1. Liability and property damage insurance, as well as other forms of insurance, bonds or cash insurance may be required depending upon the type of event proposed and the number of participants/spectators anticipated. In all cases, a statement shall be provided by the private party holding the city harmless.

2. Each group shall be fully responsible for the physical condition in which they leave the facility. Any expense resulting from damage or undone maintenance shall be charged to the group. Failure of the organization to meet this legal obligation within 30 days of billing will be cause for cancellation of future privileges. [Ord. 2015-05 § 1 (Exh. A); Res. 2004-02, Exh. A].

12.28.040 Classification of groups and priority of use.

A. The following classification system is developed in order to help provide for a systematic approval of facility use by different community groups and to assist in the charging of fees:

Group A

Priority 1

City sponsored or co-sponsored programs and meetings.

Group B

Priority 2

School District No. 9 sponsored meetings or events.

Group C

Priority 3

Programs and meetings for charitable, nonprofit organizations located within the city limits and benefiting residents of Eagle Point.

Group D

Priority 4

All nonprofit agencies originating outside the city.

Group E

Priority 5

All other requests including commercial use/ wedding receptions and dances. Group E to be charged the same as Group D.

B. Fees.

 

 

Resident

Nonresident

1.

Park Use Fee

None

None

2.

Community Center

$15 per hour

$35 per hour

(additional $25 fee for kitchen use)

3.

Special Preparation Fee

Actual costs incurred by the city to prepare a site before an activity will be assessed to the event (i.e., cost of mowing an undeveloped area, etc.)

4. No fee will be charged for Groups A and B.

5. Refundable damage deposit: $100.00.

The deposit must be submitted as a separate check and will be returned within seven working days upon inspection of the facility. The city administrator will determine the amount of cleaning/security/damage deposit to be refunded. If all or a portion of the deposit is retained by the city, a breakdown of how the deposit was used will be provided to the user.

The deposit will be returned under the following conditions:

a. Premises must be cleaned after use (see facility check-sheet included with application).

b. The facility, including the carpet and furniture, is left clean and undamaged.

c. The furniture is in the original configuration.

d. The room is vacated at the scheduled time.

In the event a deposit has not been received, the user will be billed directly for any cleaning or damages. [Ord. 2015-05 § 1 (Exh. A); Res. 2004-02, Exh. A].

12.28.050 Hours of operation.

All city parks shall be open from the hours of 7:00 a.m. to dusk. Restrooms shall be closed between October 1st and March 1st. The Ashpole Community Center will be available for use during the hours of 8:00 a.m. to 10:00 p.m. year round. Special provisions for early morning activities between the hours of 6:00 a.m. and 8:00 a.m. can be made through the approval of the city administrator. [Ord. 2015-05 § 1 (Exh. A); Res. 2004-02, Exh. A].

12.28.060 Sound.

No person shall use any device to amplify sound in any park unless a valid permit has been issued by the city administrator.

The city administrator may issue a sound permit for a designated park or building area and time. The city administrator may also include conditions in the permit which are deemed reasonable, and may revoke a permit from a person or group of persons who have violated the terms of a permit within the previous year. No person who holds a valid sound permit issued by the city administrator shall amplify sound within a city-owned facility in violation of any conditions stated in that permit.

No person shall use sound producing or reproducing equipment between the hours of 10:00 p.m. and 7:00 a.m. on public property or on public right-of-way. [Ord. 2015-05 § 1 (Exh. A); Res. 2004-02, Exh. A].

12.28.070 Nonprofit fund raising.

A nonprofit corporation, organization, or group whose income from the activity is used for the benefit of Eagle Point residents, and no part of which is distributed to members, directors, or officers, is permitted to sell in a city-owned facility if:

A. They are selling as part of an activity or event;

B. They are raising money either for activities they sponsor in Eagle Point or for a local nonprofit organization that serves Eagle Point;

C. They hold the city harmless for their activity;

D. They limit their fund raising by any one nonprofit organization to two events in one calendar year; and

E. They apply for a permit and abide by conditions contained therein. [Ord. 2015-05 § 1 (Exh. A); Res. 2004-02, Exh. A].

12.28.080 Alcohol.

A. Except as provided in subsection B of this section, no person shall consume alcoholic liquor in any public park, public right-of-way, street, sidewalk, or alley.

B. With the advance approval of the city administrator, a nonprofit organization may sell, and the public may consume, wine and malt beverages at any park facility owned by the city. The permit to allow sale and consumption of liquor on public spaces must be part of a pre-approved special event permit authorized by the city administrator. All persons and organizations involved in the sales of alcoholic beverages shall secure any permits required by the Oregon Liquor Control Commission, and provide copies of same to the city. No liquor will be sold or consumed in the Ashpole Community Center. [Ord. 2015-05 § 1 (Exh. A); Res. 2004-02, Exh. A].

12.28.085 Smoking in park facilities.

A. Definitions. For the purpose of this section the subject terms are defined as follows:

1. Smoke Free. Any location where possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant, or other substance, including but not limited to a lighted pipe, hookah pipe, cigarette of any kind, and including a device that simulates smoking of tobacco or other substances that create a smoke or vapor is prohibited.

2. Tobacco and Smoke Free Facilities. All parks and recreation department managed properties including the adjacent pedestrian rights-of-way and sidewalks.

B. All parks and facilities managed and maintained by the parks and recreation department of the city of Eagle Point are designated tobacco and smoke free facilities. These parks and facilities include the covered pedestrian bridge and Centennial Plaza, as well as the sidewalks adjacent to each such property. [Ord. 2015-05 § 1 (Exh. A)].

12.28.090 Vehicles.

A. Due to damage to sprinkler systems, irrigated turf will not be used for recreational vehicle shows, boat shows, or car shows. Nonirrigated areas may be used for these activities.

B. Vehicles necessary to the set up, take down, and operation of a special event may be allowed in some parks. Permission to have vehicles in the park during the activity must be approved in writing prior to the event.

C. The parks and recreation department reserves the right to limit the size and number of vehicles at any park and/or event. [Ord. 2015-05 § 1 (Exh. A); Res. 2004-02, Exh. A].

12.28.100 Site plan.

A. Special use permittees, who plan to bring equipment, booths, play structures, etc., into a park or the community center, must provide the city administrator with a site plan a minimum of 30 days prior to the event. The site plan must accompany the original application. These site plans will be reviewed by the planning department prior to the application approval.

B. All permittees with events requiring a site plan must schedule an on-site meeting with the public works superintendent a minimum of 20 days prior to the event. The department reserves the right to change locations, or event site layouts, if, in the opinion of a public works representative, the conditions of the park, building or public area cannot support the event. [Ord. 2015-05 § 1 (Exh. A); Res. 2004-02, Exh. A].

12.28.110 Requirements and fees for commercial photography activities.

A. Definition. Still or motion picture filming within public parks and open spaces for the purpose of making a feature film, TV series, commercials, advertisements, etc., for commercial use.

B. Fees (per Day).

Still photography

$200.00*

Filming/video

$350.00*

*    Any shoot over two days will be reviewed by the city administrator.

[Ord. 2015-05 § 1 (Exh. A); Res. 2004-02, Exh. A].

12.28.120 Hot air balloons.

Hot air balloons for commercial or private use will not be permitted to launch or land in parks due to inherent liability and noise. [Ord. 2015-05 § 1 (Exh. A); Res. 2004-02, Exh. A].

12.28.130 Fencing/staking.

Fencing, staking, and placement of booths in Eagle Point city parks should be self-supporting. If stakes are put into the ground, the city administrator, or his designee, must approve stake location. Permittee will be responsible for all damages caused to underground utilities.

Events shall not block the public’s access to a park by putting fencing or other barriers across public walkways, or restrict movement from one side of the park to the other on public sidewalks. [Ord. 2015-05 § 1 (Exh. A); Res. 2004-02, Exh. A].

12.28.140 Restrooms.

If the permittee anticipates more than 125 people, they should be prepared to provide one portable restroom and hand washing facility for every 125 people estimated attendance. Placement of restrooms should be arranged with the public works department. [Ord. 2015-05 § 1 (Exh. A); Res. 2004-02, Exh. A].

12.28.150 Garbage.

Removal and general park clean-up is the responsibility of the permittee. If the permittee anticipates more than 500 people, they should be prepared to provide one three-yard drop box for every 250 people estimated attendance. Placement of the drop box should be arranged with the public works department. [Ord. 2015-05 § 1 (Exh. A); Res. 2004-02, Exh. A].

12.28.160 Security.

The city reserves the right to require extra security be provided at the expense of the permittee when such need is determined to exist. All Group E events shall be reviewed by the police chief for security needs. [Ord. 2015-05 § 1 (Exh. A); Res. 2004-02, Exh. A].

12.28.170 Appeal.

If a permit is rejected by the city administrator, the applicant shall have the right to appeal to the city council. Notify the city recorder in writing for scheduling on the council agenda. [Ord. 2015-05 § 1 (Exh. A); Res. 2004-02, Exh. A].

12.28.180 Penalty.

Violation of this chapter shall be punishable under the general penalty, Chapter 1.20 EPMC. [Ord. 2015-05 § 1 (Exh. A)].