Chapter 12.05
CITY PARKS
Sections:
12.05.020 Park rules and regulations.
12.05.025 Limitation of liability.
12.05.030 Special interest group reservation.
12.05.050 Violation – Penalty.
12.05.010 Rules adopted.
The rules and regulations set out in this chapter are hereby adopted for the regulation and use of municipal parks in and for the city of Hubbard, Oregon, and shall be observed at all times by all persons using any city park or park facilities. (Ord. 1977-12 § 1, 1977)
12.05.020 Park rules and regulations.
(1) No fires or camp stoves shall be allowed except in the following designated area:
(a) Park camp stoves or fireplaces provided for such purposes;
(b) No fire shall be left unattended and every fire shall be extinguished before its user leaves the park area.
(2) No person shall:
(a) Hunt, pursue, trap, kill, injure, molest or disturb the habitat of any bird or animal;
(b) Discharge any firearm, pellet gun, bow and arrow, slingshot, or other weapon capable of injuring any person, bird or animal; or
(c) Possess any loaded firearm;
in any park area except under agreement or special regulations of the city council.
(3) Flowers, shrubs, foliage, trees or plant life or products of any type shall not be picked, cut, mutilated, or removed from any park area without written permission from the city council.
(4) No person shall mutilate, deface, damage, or remove any table, bench, building, sign, marker, monument, fence, barrier, fountain, faucet, restroom facility, traffic recorder, or other structure or facility of any kind in a park area.
(5) No person shall, except under special regulations of the city council, dig up, deface, or remove any dirt, stones, rock, or other substance whatsoever; make any excavation; quarry any stone, or lay or set off any blast, or roll any stones or other objects, or cause or assist in doing any of the said things within a park area.
(6) No person shall, except in designated areas, erect signs, markers, or inscriptions of any type within a park area without permission from the city council.
(7) No person shall throw or deposit litter in any park within the city, except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.
(8) Motor vehicles and bicycles shall be operated only on roads and in parking areas constructed or designated for their use. No motor vehicle or bicycle shall be operated on any trail or in any part of a park area not constructed or designated for their use, or on any road or trail posted as closed to the public, or on any road or trail where signs have been placed or erected by authority of the city council prohibiting the use of motor vehicles or bicycles. Automobiles, trailers, bicycles, or other vehicles shall be parked only in designated parking areas.
(9) 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. The authority of the city employees includes the authority to undertake any measures (including removal of the animal from the park area) deemed by the city employee necessary to prevent interference by the animal with the safety, comfort and well-being of the park area, users, or the appearance of sanitary conditions of the park area. No animals, other than seeing-eye dogs, shall be allowed in any building.
(10) No person shall set up or use a public address system in a park area without a written permit from the city council. In issuing the permit, the council shall consider the following:
(a) The proposed use will not unreasonably interfere with, or detract from, the general enjoyment of the park, the promotion of public health, welfare, safety and recreation; and
(b) The proposed use is not reasonably anticipated to incite violence, crime or disorderly conduct.
(11) No person shall ride, drive, lead, or keep a saddle horse or other animal in any park area, except on such roads, trails, or areas designated for that purpose. No horse or other animal shall be hitched to any tree or shrub in such a manner that may cause damage to such tree or shrub.
(12) No overnight camping will be permitted unless authorized in writing by the city administrator.
(13) No person shall operate any motor vehicle within a park area at a speed in excess of 10 miles per hour in the entire park area unless specifically designated otherwise.
(14) No person over the age of six years will be permitted to utilize the playground equipment within the city park tot lot.
(15) No person shall be allowed within the municipal parks after 10:00 p.m. on any given day without the written permission of the city administrator. (Ord. 385-2023 § 1; Ord. 150-90 §§ 1, 2, 3, 1990; Ord. 1981-13 § 1, 1981; Ord. 1977-12 § 1, 1977)
12.05.025 Limitation of liability.
(1) Definitions. As used in this section, the following definitions apply:
(a) “Public easement” means a platted or dedicated easement for public access that is accessible by a user on foot, horseback, bicycle, or other similar conveyance, but does not include a platted or dedicated public access easement over private streets.
(b) “Structures” means improvements in a trail, including, but not limited to, stairs and bridges, that are accessible by a user on foot, on a horse or on a bicycle or other nonmotorized vehicle or conveyance.
(c) “Trail” means a travel way for pedestrians, bicycles, and other nonmotorized means of transportation.
(d) “Unimproved right-of-way” means a platted or dedicated public right-of-way over which a street, road or highway has not been constructed to the standards and specifications of the city with jurisdiction over the public right-of-way and for which the city has not expressly accepted responsibility for maintenance.
(2) Liability Limited.
(a) A personal injury or property damage resulting from use of a trail that is in a public easement or in an unimproved right-of-way, or from use of structures in the public easement or unimproved right-of-way, by a user on foot, on a horse or on a bicycle or other nonmotorized vehicle or conveyance does not give rise to a private claim or right of action based on negligence against:
(i) The city of Hubbard.
(ii) The city of Hubbard’s officers, employees, or agents to the extent that the officers, employees, or agents are entitled to defense and indemnification under ORS 30.285.
(iii) The owner of land abutting the public easement or unimproved right-of-way.
(iv) A nonprofit corporation and its volunteers for the construction and maintenance of the trail or structures in a public easement or unimproved right-of-way.
(b) The immunity granted by this section does not extend to:
(i) Except as provided by subsection (2)(a) of this section, a person that receives compensation for assistance, services, or advice in relation to conduct that leads to a personal injury or property damage.
(ii) Personal injury or property damage resulting from gross negligence or from reckless, wanton, or intentional misconduct.
(iii) An activity for which a person is strictly liable without regard to fault. (Ord. 386-2024 § 2 (Exh. A))
12.05.030 Special interest group reservation.
(1) A person wishing to use park property for a special event shall apply for and obtain a permit from the city under this section. It is unlawful to conduct an event on park property without first obtaining a permit under this section.
(2) Applications for permits shall be made in writing and submitted to City Hall. The application shall contain the event organizer’s name, address, group/organization, and date and time of requested use including setup and teardown times. The application shall also include the following:
(a) The nature of the activity to be allowed.
(b) Diagrams of temporary structures being constructed if using temporary structures and layout of event activities, which may be in a detailed hand-drawn diagram or computer-generated layout.
(c) The provisions needed for crowd control and security. Effective crowd management is about managing expected and unexpected crowd occurrences. For events the city deems higher risk the organizer shall provide two licensed crowd controllers for the first 100 patrons and a crowd controller for each additional 100 patrons. For events deemed to be lower risk by the city the organizer shall provide at least one licensed crowd controller.
(d) A traffic management plan if the event impacts traffic. An event impacts traffic if any part of the event takes place in the right-of-way such as parades, fun runs/walks, and bike races, or if the event is a distraction to users of the right-of-way. The traffic management plan will need to meet all the requirements outlined in Chapter 10.30 HMC.
(e) Provisions for cleanup. The event organizers shall restore the city property to its original condition, including disposing of all trash in trash receptacles provided by the event organizer. The city is not responsible for providing trash receptacles.
(f) A hold harmless agreement in favor of the city of Hubbard and proof of liability insurance, in an amount required by the city, naming the city of Hubbard as an additional insured. The event organizer shall provide a copy of the general liability coverage per occurrence, and liquor liability per occurrence if alcohol is served or sold.
(g) If the event involves third-party vendors, such vendors are not separately required to obtain a permit under this section and the event organizer shall be held liable for vendor operations. Vendors are required to obtain all other relevant city and state permits and licenses for operation in the city, including but not limited to food handling permits, liquor licenses, business licenses, etc. If the event organizer does not want to be held liable for vendor operations, that shall be indicated on the application and all third-party vendors shall obtain their own permit.
(h) The event organizer shall ensure compliance with all other local, state, or federal laws. The issuance of a permit under this section does not relieve any person involved in the event from meeting any requirements or obligations imposed by other local, state, or federal laws.
(i) Any additional information or evidence the city administrator may reasonably request.
(3) All event organizers, groups, or organizations submitting an application to use park property more than twice in any six-month period shall provide to city staff a roster or other information demonstrating the percentage of their participants who reside within the city limits of Hubbard. If two or more event organizers, groups or organizations apply for a permit to use park property for the same date and time, those event organizers, groups, or organizations with a higher percentage of participants residing within the city limits of Hubbard will be given priority for the use of the park property. Once a permit is issued, that decision is final regardless of participant residency, and groups will not be removed from the official schedule due to low participant residency.
(4) Preparation and maintenance of the playing fields will be the responsibility of all groups using the fields. In the event that the various teams cannot come to an amicable agreement, the matter of preparing and maintaining the fields will be referred to the city administrator for arbitration.
(5) The city will perform routine maintenance only, such as grass mowing.
(6) The city council may, in its sole discretion, elect to donate city resources such as equipment, tools, staff time, supplies, and/or cash donations to an event organized by a registered 501(c)(3) business or organization. (Ord. 385-2023 § 1; Ord. 335-2013 § 1; Ord. 290-2006; Ord. 235-2000 § 1, 2000; Ord. 1980-5 § 2, 1980; Ord. 1977-12 § 2, 1977)
12.05.040 Enforcement.
All city employees are authorized and directed to enforce by all lawful means full compliance by the public with the foregoing rules and regulations. (Ord. 1977-12 § 3, 1977)
12.05.050 Violation – Penalty.
Any person found to be violating any of the park rules and regulations shall be guilty of a violation and, upon conviction, shall be punished by a fine of not more than $500.00. Such person shall be liable for damages as provided by state law. Each violation of a subsection shall be a separate offense. (Ord. 150-90 § 4, 1990; Ord. 1980-5 § 3, 1980; Ord. 1977-12 § 4, 1977)
12.05.060 Prosecution.
In the event of a violation of this chapter for which a penalty is specified, action shall be commenced and prosecuted against such person or persons in the municipal court of the city of Hubbard by information under oath and a verified complaint signed before the municipal judge by any person, or police officer or his designate, having knowledge and information sufficient to satisfy the court that the chapter has been violated and that probable cause exists that the person charged has violated it. (Ord. 1980-5 § 4, 1980; Ord. 1977-12 § 5, 1977)