Chapter 8.24 PARK REGULATIONS

The parks of this city are established and maintained as areas of recreation, relaxation and enjoyment for the public. It is intended that they shall be regulated and used to permit enjoyment by a maximum number of people engaged in widely diverse interests and activities as may be practical within the limits of space, design and accommodation available in each park unit. Limitations may be required to ensure the use of park areas in safety and to protect the rights of others in surrounding areas. (Ord. 2250 § 1, 1978)

8.24.020 Definitions.

As used in this chapter:

(1) The term “park” means an area of land owned or controlled by the public, set aside and maintained by the public for the recreation and relaxation of the public, including neighborhood parks and community parks, as well as limited use parks (which includes undeveloped greenways).

(2) The term “park” includes school grounds of each public school within the city of St. Helens when said school ground is being used by the parks and recreation department of the city of St. Helens as provided in any agreement between the city of St. Helens and the school district.

(3) As used in this chapter, the term “director of city parks” means the city engineering manager or his designee, acting as the director of parks. (Ord. 2958 § 2, 2005; Ord. 2250 § 2, 1978)

8.24.030 Motorized vehicles.

Motorized vehicles such as autos, trucks, motorcycles, motorscooters, go carts, and all terrain vehicles shall operate, stop or park only upon designated roadways or within designated parking areas unless specifically authorized by the director. Parking prohibitions, time limits or other parking restrictions for areas within city parks may be designated by the director with official traffic signs. (Ord. 2446 § 1, 1983; Ord. 2250 § 3, 1978)

8.24.040 Animal control.

Except where expressly prohibited by SHMC 8.24.190(4), the director of city parks is hereby granted reasonable discretion to designate special use areas and otherwise regulate by administrative order, up to two weeks in duration, the presence and activities of dogs and other animals in city parks, including the designation of dog park areas. (Ord. 2958 § 3, 2005; Ord. 2563, 1988; Ord. 2250 § 4, 1978)

8.24.050 Fire and fireworks.

No person shall build or maintain any fire in a park, except in fire rings or fireplaces as provided by the city or in a stove or barbecue unit where picnic areas are provided. No person shall take firewood from any park for his own personal use unless authorized by park officials. No person shall ignite or use any type of firework, sparkler, snake, model rocket, rocket motor, other form of explosive, or smoke-producing device or material in any city park or on any city docks, except for qualified pyrotechnicians with proper city, state and federal permits and liability insurance who may use Sand Island to ignite fireworks. (Ord. 3005 § 2, 2006; Ord. 2250 § 5, 1978)

8.24.060 Commercial activity.

(1) Prior to issuance of any permit for periods of exclusive use over two weeks in duration, the director shall obtain review by the parks and trails commission and approval by the council.

(2) No person who holds a valid permit issued by the director under this section shall sell merchandise or services within a park in violation of any conditions stated in that permit.

(3) The director shall obtain, in the conditions of a permit, reasonable contributions of labor and money based on the applicant’s ability to contribute in exchange for the applicant’s priority use of park facilities and the applicant’s retaining the proceeds from concessions.

(4) Permits for commercial activities in city parks shall not be reissued for another season until the permit applicant has submitted an annual report of the preceding season, including the following:

(a) Park concession stands, gross sales, expenses and net receipts certified for accuracy by the authorized agent of the applicant.

(b) Applicant improvements to the park in the preceding 12 months.

(d) Applicant expenditures for park maintenance, including city lighting, if any. (Ord. 3289 § 1, 2023; Ord. 3229 § 3, 2018; Ord. 2505, 1986; Ord. 2250 § 6, 1978)

8.24.065 Smoking in city parks.

See SHMC 8.32.010. (Ord. 3188 § 1, 2015; Ord. 3136 § 1, 2010)

8.24.070 Garbage and other refuse.

(1) No person shall discard or dispose of any garbage in a park, except in a receptacle provided for such garbage and other refuse.

(2) No person shall take any garbage or other refuse into a public park for the purpose of discarding or disposing of such garbage or other refuse. (Ord. 2250 § 7, 1978)

8.24.080 Motor vehicle speed.

The designated speed for motor vehicles upon the roadways within any park is 10 miles per hour unless otherwise posted. No person shall operate a motor vehicle upon any roadway in a park at a speed greater than permitted by the basic rule as provided in ORS 811.100. (Ord. 3186 § 7, 2015; Ord. 2250 § 8, 1978)

8.24.090 Dangerous equipment and activities.

No person shall use or engage in any activity that the director determines, in his reasonable discretion, creates an unreasonable interference or danger to other persons. Such activity shall include, but not be limited to, the use of golf clubs, archery equipment, a discus, javelin or shot; or any aircraft, rocket or missile powered by fuel or mechanical means; or any firearm. Such activities will be allowed only as provided in SHMC 8.24.100. (Ord. 2250 § 9, 1978)

8.24.100 Special use areas.

The director is authorized to set aside, establish, alter, and/or discontinue special use areas in one or more of the parks. These special use areas would include, but not be limited to, activities such as horse or pony riding, junior olympics, bicycle riding, camping activities, motorcycle riding, or any one or more of those activities otherwise prohibited under SHMC 8.24.090. Before establishing, altering or discontinuing such a special use area, the director shall determine, in his or her reasonable discretion, priority of need for such an area and whether the activity may be carried on without unreasonable interference or danger to other persons.

If the director establishes a special use area, the director may designate such hours or days of usage, the particular activity or activities that are permitted, and such conditions as he or she determines to be reasonably required for the safety and convenience of persons and property. He or she shall mark the boundaries of the special use area and post such signs and warnings concerning that special use area as he or she deems reasonably appropriate. No person shall use or injure any special use area, except for the purposes of one or more of the activities permitted in that special use area under any conditions specified by the director.

Prior to issuance of any permit for periods of exclusive use over two weeks in duration, the director shall obtain review by the parks and trails commission and approval by the council. (Ord. 3289 § 1, 2023; Ord. 3229 § 3, 2018; Ord. 2505, 1986; Ord. 2250 § 10, 1978)

8.24.110 Sound.

(1) No person shall disturb the peace in any park between the hours of 11:15 p.m. and 7:30 a.m. For purposes of this subsection, “disturbing the peace” is defined as including, but not limited to, the following:

(a) Playing a musical instrument.

(b) Playing a radio, tape recorder or television.

(d) Engaging in any organized games.

(2) No person shall use any device to amplify sound in any park unless a valid permit has been issued by the director under subsection (3) of this section.

(3) The director may issue a permit authorizing the use of one or more designated devices to amplify sound by one or more designated person in a designated area of a park on a designated date between specific hours if he or she finds, in his or her reasonable discretion, that the number of persons to be entertained or served by the use of sound can be adequately and reasonably served only by the amplification of sound. The director may include conditions in such permit which he or she deems reasonable, and the director may revoke a permit if the terms of the permit are violated, or he or she may deny a permit to a person or group of persons who have violated the terms of a permit within the previous year.

(4) No person who holds a valid permit issued by the director under this section shall amplify sound within a park in violation of any conditions stated in that permit. (Ord. 2250 § 11, 1978)

8.24.120 Hours of use – Sleeping and camping – Liquor.

(1) No person shall sleep in any park between the hours of 10:00 p.m. and 6:00 a.m., except as provided in subsection (3) of this section.

(2) No person shall use any tent, shelter-half, vehicle, camper or trailer as a shelter for housing or sleeping in any park area, except as provided in subsection (3) of this section.

(3) The director may, in his or her reasonable discretion, issue permits for the use of tents, shelter-halves, vehicles, campers or trailers as shelters for housing or sleeping in parks and for any overnight sleeping in parks between the hours of 10:00 p.m. and 6:00 a.m.

(4) No corporation, organization or person shall bring, possess, consume, or permit any person to bring, possess or consume any intoxicating liquor, beverage or substance on city park premises, except in Columbia View Park as authorized in a negotiated park concession agreement, and only in strict compliance with the terms and conditions of that agreement. At a minimum, the concessionaire shall strictly abide by all parks rules and regulations, including specifically permit requirements for exclusive use and commercial activity. All required OLCC licenses and permits shall also be obtained by the concessionaire. A valid park concession agreement serves as the exclusive use/commercial activity permit. No corporation, organization or person shall violate the terms and conditions of the approved parks concession agreement. The alcohol possession and consumption prohibitions of this section do not apply to Sand Island. (Ord. 2957 § 2, 2005; Ord. 2430 §§ 1, 2, 1983; Ord. 2250 § 12, 1978)

8.24.130 Hours of park closure.

No person shall enter or use any park during posted hours of closure without a permit to do so from the director. (Ord. 2250 § 13, 1978)

8.24.140 Liability.

All persons to whom an exclusive use permit has been granted must agree in writing to hold the city harmless and indemnify the city from any and all liability for injury to persons or property occurring as a result of the activity sponsored by permittee. Said persons shall be liable to the city for any and all damages to parks, facilities and buildings owned by the city which results from the activity of permittee or is caused by any who participate in said activity. (Ord. 2250 § 14, 1978)

8.24.150 Flora.

No person other than a duly authorized city employee in the performance of his duty or persons participating in city-approved activities shall dig, remove, destroy, injure, mutilate or cut any trees, plants, shrubs, blooms or flowers, or any portion thereof growing in any park. (Ord. 2250 § 15, 1978)

8.24.160 Marking, injuring or disturbing any structure.

No person other than a duly authorized city employee in the performance of his or her duties shall:

(1) Cut, break, injure, deface or disturb any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment or property in a park.

(2) Mark or place thereon any mark, writing or printing.

(3) Attach thereto any sign, card, display or other similar device, except as authorized by permit issued by the director. (Ord. 2250 § 16, 1978)

8.24.170 Discretion of director of parks and recreation.

Whenever this chapter makes a reference to the exercise of reasonable discretion by the director, he or she shall take into account the use and enjoyment of the parks for the maximum number of people and the general purpose set forth in SHMC 8.24.010. (Ord. 2250 § 17, 1978)

8.24.180 Penalties for park offenses.

(1) Violations of this chapter are punishable as set forth in SHMC 8.24.240, Schedule A, incorporated and made a part hereof by this reference.

(2) Any offense not specifically enumerated in this section shall be considered an “A” violation.

(3) Any offense noted herein which constitutes a vehicle code violation or offense shall be punishable as set forth in the Oregon Vehicle Code adopted by reference by city ordinance.

(4) In addition to any fines imposed by the court, the court is specifically authorized to order abatement and restitution, as well as community service, as appropriate for the level of violation or crime.

(5) Each day’s violation of any section, subsection, paragraph or clause shall constitute a separate offense. (Ord. 3005 § 3, 2006; Ord. 2958 § 4, 2005; Ord. 2250 § 18, 1978)

8.24.190 Rules and regulations.

(1) General.

(a) St. Helens city parks shall be open for public recreation from sunrise to sunset. (Except by permit.)

(b) No peddling, soliciting or commercial enterprise is permitted in a city park without a permit.

(c) Disorderly conduct, abusive language, noisy disturbances or disregard of these rules and regulations will be grounds for your immediate removal from the park by the police or authorized city officials.

(d) Park participants will be held responsible for the conduct of and any damage to the park or its equipment caused by their children.

(e) Children under 10 years of age shall not be left unattended in any city park.

(f) No person shall consume or have in their possession any intoxicating beverage or narcotics while in or upon the property of a city park.

(g) Air rifles, BB guns, bow and arrow or other guns and dangerous objects may not be used in city parks.

(h) No swimming is allowed on park property because lifeguards and a suitable designated swimming area is not provided.

(i) No overnight camping is allowed on park property without a permit.

(j) The mayor, council and city officials or employees will not be responsible for accidents, injuries or loss of property by fire, theft, wind, flood or other natural acts which are beyond their control. Equipment furnished on the grounds is solely for your convenience and used at your own risk.

(k) The mayor, council and city officials or employees are not responsible for any personal injury to children or adults using playground equipment. Participants use the equipment at their own risk.

(l) All persons should immediately notify the parks department office or the police department of hazardous conditions in the park or conditions that violate these rules and regulations.

(2) Automobiles and Motorized Vehicles.

(a) Motor vehicles shall be parked only in the designated areas. Motor vehicles parked elsewhere or on the grass will be towed at the owner’s expense. No auto repairs allowed anywhere at any time on park property.

(b) The speed limit in city parks is 10 miles per hour and must be observed at all times and drivers must be alert for children and pedestrians.

(c) Bicycles, roller skates, skateboards and other types of nonmotorized vehicles must be used safely, properly and without the possibility of injury to others.

(d) Disturbing or careless operation of motorcycles, automobiles or other types of motor vehicles will be grounds for removal from the park and/or citation by the city police.

(3) Park Buildings and Facilities.

(a) Park buildings and facilities are provided for public convenience or pleasure. All persons who use park buildings or facilities do so on condition that they keep the premises neat and clean and show respect for the premises and future users thereof. Any irregularities should be reported immediately to the park management.

(b) Except for service animals, no animals are allowed in the park buildings or structures at any time.

(4) Animals.

(a) No person shall ride or lead any horse or pony in city parks, except upon a roadway or designated parking area or designated bridle path.

(b) Except as provided herein, pets are prohibited from being at large in any city park. For purposes of this section, “at large” means not on a leash, as set forth herein. Pets are permitted in city parks (unless otherwise posted) only if they are on a leash that is six feet or less in length. Pets shall be kept under supervision at all times and not allowed to run at large, except in specific areas designated as dog parks, and pets shall not be allowed to commit any nuisance in the limits of the park.

(c) An off-leash area has been designated in McCormick Park. Dogs shall be allowed to be off leash for play and exercise purposes in the area designated as the McCormick Park pet off-leash area so long the rules set forth in subsection (7) of this section are observed. Additionally, Heinie Heumann Park and Grey Cliffs Waterfront Park are designated as off-leash parks as long as the rules set forth in subsection (7) of this section are observed.

(d) All fecal material left by the pet or animal in the park must be picked up immediately by the owner or person in control of the animal, and placed in a container and removed from the park for proper disposal.

(e) Violation of these regulations will lead to the removal of both animal or pet and owner.

(5) Solid Waste Disposal and Fire Protection.

(a) All park users must place garbage and trash in the proper receptacles.

(b) No person shall bring any nonpark-generated garbage into any city park for the purpose of discarding or disposing of such garbage or other refuse.

(6) Vegetative Protection.

(a) No person other than a duly authorized city employee in the performance of his or her duty or persons participating in city approved activities shall dig, remove, destroy, injure, mutilate, or cut any trees, plants, shrubs, blooms, or flowers, or any portion thereof growing in the park.

(b) Trees and shrubs are not to be climbed, hung on, or used as poles for game nets or swings.

(c) No bills can be posted on the trees or shrubs, nor can any nails, screws or other foreign objects be driven into the plants.

(d) Activities that will damage the grass or flowers, such as open fires or unauthorized digging, are strictly prohibited.

(7) Additional rules applicable within the off-leash areas of McCormick Park, Heinie Heumann Park, and Grey Cliffs Waterfront Park are as follows:

(a) All dogs must be licensed by the jurisdiction in which the dog resides and have proof of license available while in park.

(b) Dog owners must read and become familiar with all off-leash area rules before entering the area.

(c) This is not a fenced area It is therefore your responsibility to ensure that your dog does not leave the area unless properly leashed.

(d) Owners must be attentive and watch their dogs at all times, staying near in case intervention becomes necessary.

(e) Keep your dog under voice control at all times.

(f) Dogs in heat are not allowed in the area.

(g) All dogs must have proper immunizations and flea control.

(h) Aggressive dogs as defined in SHMC 6.04.010(1) must be leashed and removed from the area.

(i) Waste must be picked up immediately.

(j) No food or treats (for animals or humans) allowed in the off-leash area.

(k) Repealed by Ord. 3205.

(l) No human running allowed.

(m) No strollers in the off-leash area.

(n) Children under the age of 12 must be supervised by an adult.

(o) Abandoned or unsupervised dogs will be impounded.

(p) Call city animal control at (503) 397-1521 for abandoned or unsupervised dogs.

(q) Call 911 for biting or other serious incidents.

(8) The applicable rules and regulations shall be posted in each park, in a place conspicuous to the public. (Ord. 3291 § 1 (Att. A), 2023; Ord. 3206 § 1, 2016; Ord. 3205 § 2, 2016; Ord. 3149 § 2, 2011; Ord. 2958 §§ 5, 6, 2005; Ord. 2797 § 1, 1999; Ord. 2568, 1989)

8.24.200 Campground rules for parks.

The following are overnight camping rules:

(1) No overnight camping without a permit.

(2) No drinking of alcoholic beverages allowed in McCormick Park.

(3) Age limit: any minors under 18 years of age must be accompanied by a responsible adult 21 years of age or older.

(4) Maximum stay – McCormick Park: 72 hours is the maximum stay during a seven-day period.

(5) Maximum stay – Sand Island Park: 10 days is the maximum stay during a 30-day period.

(6) Camping season: May through October.

(7) Camping fee: as per city council resolution.

(8) In addition, all campers must abide by the posted rules and regulations for park use. (Ord. 3088 § 1, 2008; Ord. 2892 § 1, 2003; Ord. 2600, 1990)

8.24.210 Trespass.

Any peace officer or park official or employee may exclude any person who violates any applicable provision of law from any or all city parks for a period not to exceed 120 days. For purposes of this chapter, “applicable provision of law” includes any applicable provision of this chapter, or of any city ordinance, including criminal laws and vehicle codes, or any rule, regulation, order or permit issued by the director of parks or the city council on recommendation of the parks and trails commission, or any applicable federal or state law or regulation.

(1) Written notice shall be given to any person excluded from any city park(s). Such notice shall specify the dates and places of exclusion. It shall be signed by the issuing party; warning of consequences for failure to comply shall be prominently displayed on the notice.

(2) A person receiving such notice may appeal to the chief of police, to have the written notice rescinded or the period shortened. The appeal notice shall specify the relief sought and the reason for said relief. An appeal must be filed with the chief of police within five days of receiving notice. This is a jurisdictional requirement. The police chief or his designee (i.e., a hearing officer) shall uphold the exclusion if, upon de novo review, the preponderance of the evidence convinces the chief or his designee that, more likely than not, the person in fact committed the violation, and if the exclusion is otherwise in accordance with law. If an appeal of the exclusion is timely filed under this section, the effectiveness of the exclusion shall be stayed, pending the outcome of the appeal. If the exclusion is affirmed, the remaining period of the exclusion shall be effective immediately upon issuance of the written decision.

(3) Nothing in this section shall be construed to authorize the exclusion of any person lawfully exercising free speech rights or other rights protected by the Constitution of the state of Oregon or the Constitution of the United States of America. However, a person engaged in such protected activity who commits acts that are not protected, but that violate applicable provisions of law, shall be subject to exclusion as provided by this section.

(4) This section is in addition to and not in lieu of any other ordinance or law. No person shall enter or remain in any park at any time during which there is in effect a notice of exclusion issued under this section excluding that person from the park (i.e., violation is trespass). Trespass is a class C misdemeanor. (Ord. 3289 § 1, 2023; Ord. 3229 § 3, 2018; Ord. 2958 § 7, 2005; Ord. 2662, 1993)

8.24.220 Fees.

(1) The city council may set fees for the use of parks and recreational facilities. Such fees shall provide for the equitable sharing of the costs of operating city parks and recreational facilities considering the fact that taxes paid by city residents are used to support the parks and other recreational facilities while nonresidents do not contribute financially to their support. Fees may be assessed to cover costs that can be attributable to benefiting individuals or groups.

(2) Fees for use of parks and recreational facilities may be set by resolution adopted by the city council after first receiving a recommendation from the parks and trails commission. (Ord. 3289 § 1, 2023; Ord. 2860 §§ 1, 2, 2002)

8.24.230 Inspection and citation.

The following are listed “enforcement officers” and are hereby specifically authorized by law to make such investigations and inspections as are necessary to enforce the provisions of this chapter, and to issue violation citations to individuals or entities to appear in the St. Helens municipal court:

(1) Any city police officer, city code enforcement officer, city building official, city planning administrator, city administrator, city engineering manager, or supervisory employee of the city public works/parks department and such other employees of the city of St. Helens as are specifically identified in an order or resolution of the city council. (Ord. 2958 § 8, 2005; Ord. 2250 § 23, 1978)

8.24.240 Schedule A – Parks offenses.

(1) Violation of sections:

(a)	SHMC 8.24.030	Parking locations and time limits
(b)	SHMC 8.24.120(1)	Sleeping without a camping permit
(c)	SHMC 8.24.120(2)	Camping without a permit
(e)	SHMC 8.24.160(3)	Displaying signs without a permit
(f)	SHMC 8.24.190(1)(h)	Swimming
(g)	SHMC 8.24.190(1)(i)	Camping without a permit
(h)	SHMC 8.24.190(2)(a)	Performing auto repairs or parking violations
(i)	SHMC 8.24.190(6)(b)	Climbing trees
(j)	SHMC 8.24.190(6)(c)	Posting signs on vegetation
(k)	SHMC 8.24.200(1)	Camping without a permit
(l)	SHMC 8.24.200(5)	Camping out of season

are class D violations.

(2) Violation of sections:

(a)	SHMC 8.24.040	Horse not on bridle path
(b)	SHMC 8.24.190(3)(b)	Pets in park buildings
(c)	SHMC 8.24.190(4)	Animals
(d)	SHMC 8.24.190(7)	McCormick Park, Heinie Heumann Park, and Grey Cliffs Waterfront Park pet off-leash area rules
(e)	SHMC 8.24.200(4)	Staying more than 72 hours in one week

are class C violations.

(3) Violation of sections:

(a)	SHMC 8.24.050	Fire not in a fire pit, using or lighting fireworks and other similar materials
(b)	SHMC 8.24.090	Golf clubs, javelin, shot put, discus, etc.
(c)	SHMC 8.24.110	Sound
(d)	SHMC 8.24.190(5)(c)	Fire not in a fire pit

are class A violations.

(4) Violation of sections:

(a)	SHMC 8.24.030	Off-road motor vehicle operation
(b)	SHMC 8.24.070	Garbage and refuse
(c)	SHMC 8.24.090	Air rifles, bows, fuel-powered rockets, missiles or aircraft
(d)	SHMC 8.24.130	Park closure (after hours)
(e)	SHMC 8.24.190(1)(g)	Air rifles, bows, fuel-powered rockets, missiles or aircraft
(f)	SHMC 8.24.190(5)(a)	Garbage and refuse
(g)	SHMC 8.24.190(5)(b)	Garbage and refuse

are class C misdemeanors.

(5) Violation of sections:

(a)	SHMC 8.24.060(2)	Commercial activity without a permit
(b)	SHMC 8.24.120(4)	Possession/ consumption of alcohol
(c)	SHMC 8.24.190(1)(f)	Possession/ consumption of alcohol
(d)	SHMC 8.24.200(2)	Possession/ consumption of alcohol
(e)	SHMC 8.24.150	Flora
(f)	SHMC 8.24.190(1)(b)	Commercial activity without a permit
(g)	SHMC 8.24.190(1)(c)	Disorderly conduct
(h)	SHMC 8.24.190(6)(a)	Destruction of vegetation
(i)	SHMC 8.24.190(6)(d)	Damaging vegetation

are class B misdemeanors.

(6) Violation of sections:

(a)	SHMC 8.24.090	Firearm in park
(b)	SHMC 8.24.160(1), (2)	Destruction of buildings

are class A misdemeanors. (Ord. 3291 § 1 (Att. A), 2023; Ord. 3206 § 1, 2016; Ord. 3149 § 3, 2011; Ord. 3005 § 3, 2006; Ord. 2958, 2005)