Chapter 9.30
RESTRICTION OF USE OF PUBLIC RIGHT-OF-WAY, COUNTY PARKS, OR STATE, FEDERAL OR TRIBAL PROPERTY1 Revised 5/21

Sections:

9.30.010    Purpose. Revised 5/21

9.30.020    Definitions. Revised 5/21

9.30.030    Violation. Revised 5/21

9.30.040    Exception. Revised 5/21

9.30.050    Enforcement. Revised 5/21

9.30.010 Purpose. Revised 5/21

The purpose of this chapter is to prohibit the violation of a posted restriction of use on public right-of-way, in county parks, or on property owned by a state, federal, or tribal government, and to identify the method for enforcement. [Ord. 1430 § 1, 2021.]

9.30.020 Definitions. Revised 5/21

The following definitions shall apply to this chapter:

A. “County park” or “county parks” include all lands owned by Marion County held for current or future park use, regardless of whether the land has been dedicated for park use.

B. “Posted restriction of use” means a sign posted at a county park, on a public right-of-way, or on property owned by a state, federal, or tribal government, giving notice of a limitation on the use of the county park, public right-of-way, or property owned by a state, federal, or tribal government by the public which has been adopted by the Marion County board of commissioners by order, resolution, or ordinance, or which has been adopted by the state, federal, or tribal government owning the property in question.

C. “Public right-of-way” includes the entire right-of-way of a public road, local access road, or county road as those terms are defined in ORS Chapter 368. [Ord. 1430 § 2, 2021.]

9.30.030 Violation. Revised 5/21

A. A person commits the offense of violation of posted restrictions of use if the person does any of the following:

1. Enters or remains in a county park or public right-of-way in violation of the terms of any posted restriction of use.

2. Operates or parks, or causes to be operated or parked, any vehicle in a county park or on a public right-of-way in violation of any posted restriction of use.

3. Enters or remains on property owned by a state, federal, or tribal government in violation of the terms of any posted restriction of use.

B. For purposes of this section, if a posted restriction of use prohibits the possession of alcoholic liquor, then possession of alcoholic liquor includes the possession, control or acceptance of a container of alcoholic liquor, or any portion thereof, or exercising control of such liquor or keeping such liquor in any vehicle, tent, backpack, cooler or other container or conveyance within the boundaries of the posted restriction area. [Ord. 1430 § 3, 2021.]

9.30.040 Exception. Revised 5/21

This chapter does not apply to persons acting within the course and scope of their employment for a local, state, federal or tribal government. [Ord. 1430 § 4, 2021.]

9.30.050 Enforcement. Revised 5/21

Violation of this chapter is considered a Class A violation as provided in ORS Chapter 153. Enforcement shall be accomplished through Chapter 1.25 MCC by Marion County code enforcement officers or Marion County sheriff enforcement deputies. [Ord. 1430 § 5, 2021.]


1

Code reviser’s note: Section 7 of Ord. 1430 reads, “This ordinance is repealed on April 21, 2023.”