Chapter 12.12
PARK REGULATIONS
Sections:
12.12.020 Damaging plants or structures.
12.12.021 Molesting animals and birds.
12.12.022 Removal of wildlife.
12.12.030 Handling of flammable substances.
12.12.040 Discharging of weapons.
12.12.051 Remote controlled airplanes.
12.12.070 Dogs and small animals.
12.12.080 Obedience to police officer or lifeguard.
12.12.081 Drinking or possession of intoxicating beverages.
12.12.090 Disposal of refuse, papers, and rubbish.
12.12.091 Concessions and solicitations.
12.12.010 Generally.
The rules and regulations set out in this chapter governing the use of the public parks in the city are adopted.
(1) Gladstone city park employees, law enforcement officers, and Gladstone code enforcement personnel shall have the authority to cite or eject from a park any person who violates any of the rules in this chapter or an exclusion order.
(2) No person who has been ordered to leave a city park area by a law enforcement officer, park employee, or Gladstone Municipal Code enforcement officer shall remain therein.
(3) No person, other than law enforcement officers, authorized park employees, Gladstone code enforcement officer, or a person who has obtained prior permission from the city, shall enter or remain in any park area, or leave a vehicle parked there, after the daily closing time and before the daily opening time. Vehicles in violation of this regulation are subject to tow in accordance to Gladstone Municipal Code.
Statutory Reference: ORS Ch. 226
History: Ord. 597 §2, 1958; Ord. 1481 Exh. A, 2017.
12.12.011 Definitions.
“Employee” means an individual employed by the City of Gladstone.
“GMC” means Gladstone Municipal Code.
“Golfing” is any form of contact or attempted contact between an object designed or actually used for golfing and another inanimate object.
“Horse” means horses, mules, donkeys, and other ridable animals.
“Law enforcement officer” means a sworn municipal police officer, sheriff, deputy sheriff, Oregon State police officer, code enforcement officer, and such other persons as may be designated by law.
“Park area” means any park, forest, or recreational area under the jurisdiction or management of the City of Gladstone.
“Person” as used in this chapter does not include an employee as defined in this section.
Statutory Reference: ORS Ch. 226
History: Ord. 1481 Exh. A, 2017.
12.12.012 Hours.
All city parks shall be open to the public daily. Park closure hours are from one hour past sunset through one hour before sunrise each day. Park trails that parallel a public street or road, such as those in Ames Park and the upper area of Cross Park, are excluded from the park closure hours.
Statutory Reference: ORS Ch. 226
History: Ord. 597 §2(4), 1958; Ord. 1018 §1, 1983; Ord. 1156 §1, 1992; Ord. 1165 §1, 1992; Ord. 1481 Exh. A, 2017. Formerly 12.12.050.
12.12.020 Damaging plants or structures.
No person shall within any park:
(1) Mutilate, deface, damage, move, or remove any table, bench, building, sign, marker, monument, fence, barrier, fountain, faucet, traffic recorder, or other structure or facility of any kind;
(2) Dig up, deface, or remove any dirt, stones, rock, or other substance whatever, make any excavation, quarry any stone, lay or set off any blast, roll any stones or other objects, or cause or assist in any of the foregoing activities;
(a) Plant any tree or shrub in any park area without written permission of the city;
(b) Except in designated areas, erect temporary signs, markers, or inscriptions of any type without permission from the city;
(c) Set up or use a public address system without having secured permission from the city;
(d) Throw, discharge, or otherwise place or cause to be placed in the soils of any park or the waters of any fountain, pond, lake, stream, or other body of water any matter or thing which will or may result in the pollution of those waters or soils;
(e) Pick, cut, mutilate, or remove any flowers, shrubs, foliage, trees, or plant life, or products of any type. However, from time to time the city may authorize the removal of nonnative species.
Statutory Reference: ORS Ch. 226
History: Ord. 597 §2(1), 1958; Ord. 1481 Exh. A, 2017; Ord. 1505 §1 (Exh. A), 2020.
12.12.021 Molesting animals and birds.
No person shall within any park: hunt, pursue, trap, kill, injure, or molest any bird or animal, or have in possession any wild animal, bird, fish, or reptile or the eggs or nest of any bird or reptile except for county, state, or federal officers enlisted to remove dangerous or threatening wildlife. However, angling is permitted in compliance with rules and regulations promulgated by the Oregon Department of Fish and Wildlife. From time to time, the city may permit the collection of fish or wildlife specimens for the purpose of scientific study when such collection has been authorized by the Oregon Department of Fish and Wildlife.
Statutory Reference: ORS Ch. 226
History: Ord. 1233 §1, 1996; Ord. 1481 Exh. A, 2017; Ord. 1505 §1 (Exh. A), 2020.
12.12.022 Removal of wildlife.
No person shall remove any wild animal or bird from the waters or boundaries of a public park in the city.
Statutory Reference: ORS Ch. 226
History: Ord. 1233 §1, 1996; Ord. 1481 Exh. A, 2017; Ord. 1505 §1 (Exh. A), 2020.
12.12.030 Handling of flammable substances.
(1) No person shall commit actions that could start a fire. No person shall possess, discharge, or dispose of a firework, firecrackers, or torpedoes. No person shall smoke or throw upon the ground any lighted match, cigarette, cigar, or any other burning substance. There are no exceptions to this other than for firefighters, law enforcement officers, or the city in execution of their duties.
(2) No person shall build a fire in any park area, except in:
(a) Park barbeques provided for such purpose;
(b) Personal barbeques.
(3) Under the exceptions set forth in subsection (2) of this section, no person shall:
(a) Leave any fire unattended, and every fire user shall extinguish the fire completely before leaving the park area;
(b) Build, light, or maintain any fire so as to constitute a hazard by its proximity to any pile of wood, grass, tree, underbrush, park improvement, or other flammable material.
Statutory Reference: ORS Ch. 226
History: Ord. 1481 Exh. A, 2017.
12.12.040 Discharging of weapons.
No person shall have in his or her possession, discharge, or dispose of any weapon of any type unless authorized by law, except for a law enforcement officer or firefighter in the discharge of his or her official duties.
Statutory Reference: ORS Ch. 226
History: Ord. 597 §2(2), 1958; Ord. 1481 Exh. A, 2017. Formerly 12.12.030.
12.12.050 Vehicular traffic.
No person shall in any park area:
(1) Operate any motor vehicle in violation of the State Motor Vehicle Code and other laws;
(2) Operate any motor vehicle at a speed in excess of 15 miles per hour unless otherwise designated;
(3) Park a motor vehicle in any place other than in designated parking areas;
(4) Operate a motor vehicle—including automobiles, trucks, motorcycles and other motorized vehicles—or bicycle on any area or trail that is not specifically designed for motor vehicle or bicycle use, that is posted as closed to the public, or on which signs have been placed by the city prohibiting the operation of motor vehicles or bicycles;
(5) Leave any vehicle in any park after hours or overnight without having obtained written permission from the city.
Statutory Reference: ORS Ch. 226
History: Ord. 597 §2(5), 1958; Ord. 1273 §2, 1998; Ord. 1481 Exh. A, 2017. Formerly 12.12.060.
12.12.051 Remote controlled airplanes.
No person within a city park shall operate a remote control, internal combustion, and or motorized airplane. This prohibition shall not apply to gliders and aircraft propelled by electric motors.
Statutory Reference: ORS Ch. 226
History: Ord. 1010 §1, 1982; Ord. 1481 Exh. A, 2017; Ord. 1505 §1 (Exh. A), 2020. Formerly 12.12.065.
12.12.052 Horseback riding.
No person in any park shall ride, drive, or house a horse or other pet or livestock within city limits except when used for official business by a law enforcement officer or with written permission of the city.
Statutory Reference: ORS Ch. 226
History: Ord. 597 §2(6), 1958; Ord. 1481 Exh. A, 2017; Ord. 1505 §1 (Exh. A), 2020. Formerly 12.12.070.
12.12.060 Golfing.
Golfing is prohibited in public parks.
Statutory Reference: ORS Ch. 226
History: Ord. 1174 §1, 1993; Ord. 1481 Exh. A, 2017; Ord. 1505 §1 (Exh. A), 2020. Formerly 12.12.095.
12.12.070 Dogs and small animals.
No person in any park area shall:
(1) Bring into or keep in any area a dog, cat, or other animal of any kind unless confined or controlled on a maximum six-foot leash except in those areas that have been specifically designated and posted as “off leash areas.” A park employee or law enforcement officer may require a person keeping an animal to undertake any necessary measure, including removal of the animal from the park area, to prevent interference by the animal with the safety, comfort, and well-being of park users, or the creation of unsightly or unsanitary conditions;
(2) Bring any animal, other than a certified service animal, into any park area building except as may be permitted by the city for special events;
(3) Allow any animal in his or her custody to annoy, molest, bark continuously, attack, or injure any person or other animal in the park area;
(4) Tie up any animal in his or her custody or control and leave such animal unattended;
(5) Leave their animal’s waste within a park unless it is place in a bag or container and then left in a designated waste receptacle.
Statutory Reference: ORS Ch. 226
History: Ord. 597 §2(7), 1958; Ord. 1481 Exh. A, 2017. Formerly 12.12.080.
12.12.080 Obedience to police officer or lifeguard.
All persons using the park shall at all times obey all lawful orders of any police officer or lifeguard who may be stationed therein.
Statutory Reference: ORS Ch. 226
History: Ord. 597 §2(8), 1958; Ord. 1481 Exh. A, 2017. Formerly 12.12.090.
12.12.081 Drinking or possession of intoxicating beverages.
(1) The drinking or possession of alcoholic liquor containing more than one-half of one percent alcohol by volume of any kind is prohibited within any of the areas of the city parks except upon special permit issued by the city. The issuance of any such special permits shall be within the sole discretion of the city. In granting or denying any request for such special permit, the city may consider the nature of the organization requesting the special permit, the number of persons to be involved, compliance with all requirements of the OLCC and applicable city ordinances, availability of park facilities, and security and crowd control considerations.
(2) The city may, as a condition to the issuance of such permit, require payment to the city by the applicant for special permit of the hourly wages of any city officer deemed necessary to monitor the activity involved. The duration of any special permit issued shall be determined by the city.
Statutory Reference: ORS Ch. 226
History: Ord. 597 §2(9), 1958; Ord. 812, 1973; Ord. 877 §1, 1976; Ord. 1186 §1, 1993; Ord. 1481 Exh. A, 2017. Formerly 12.12.100.
12.12.082 Smoking.
No person shall in any park smoke, aerosolize, or vaporize any substance. Violation of this section is a Class “C” infraction.
Statutory Reference: ORS Ch. 226
History: Ord. 1481 Exh. A, 2017.
12.12.090 Disposal of refuse, papers, and rubbish.
(1) All refuse, papers and rubbish shall be placed in refuse containers provided for that purpose, and everyone who uses the park facilities shall keep them and the premises clean, so as to leave them in orderly condition for the next user. All bottles, cans, ashes, waste, garbage, sewage, and fish entrails shall be left only in receptacles designated for that purpose.
(2) No person shall bring into any park area trash, refuse, garbage, litter, waste material, or vehicles for the purpose of leaving them there.
Statutory Reference: ORS Ch. 226
History: Ord. 597 §2(10), 1958; Ord. 1481 Exh. A, 2017. Formerly 12.12.110.
12.12.091 Concessions and solicitations.
No person shall in any park area:
(1) Operate a concession, either fixed or mobile, without obtaining written permission from the city;
(2) Solicit, sell or offer for sale, peddle, hawk, or vend any goods, wares, merchandise, food, liquids, or services without written permission from the city;
(3) Advertise any goods, services, or ideologies except signs painted or mounted on vehicles in personal use without written permission from the city.
Statutory Reference: ORS Ch. 226
History: Ord. 1481 Exh. A, 2017.
12.12.100 Violation—Penalty.
(1) Violation of any provision of this chapter is a Class “A” infraction, unless other punishment is specifically provided for in this chapter.
(2) Any person who violates the provisions of this chapter shall be punished for each offense.
Statutory Reference: ORS 221.410
History: Ord. 597 §2a, 1958; Ord. 1263 §1, 1998; Ord. 1481 Exh. A, 2017; Ord. 1505 §1 (Exh. A), 2020. Formerly 12.12.120.