Chapter 9.24
TRESPASS TO CITY WATERSHED PROPERTIES*
Sections:
9.24.020 Criminal trespass – ORS 164.245.
9.24.030 Additional prohibitions resulting in trespass.
* Code reviser’s note: See also Chapter 8.20 SHMC.
9.24.010 Definitions.
As used in this chapter, the singular includes the plural, the plural includes the singular, and the masculine includes the feminine. Except where the context indicates otherwise, the following definitions apply:
(1) "City" means the city of St. Helens, Oregon.
(2) "Person" means an individual, corporation or other legal business entity.
(3) "Watershed," "watershed property," or "watershed properties" means any property owned, acquired, occupied, or controlled by the city of St. Helens, whether inside or outside the city limits, that is used or intended for any of the following uses: waterworks, reservoirs, water systems, city water supply, emergency water supply, storage and care of the water supply, and all property acquired or maintained for the preservation and protection of the purity of the city water supply or for recreational use. The watershed also includes all property owned or possessed by the city that constitutes a source, or possible source, of the water supply such as springs, creeks, pipes, rivers, streams, tributaries, and lakes, including specifically Salmonberry, and all property draining into such sources of the water supply. Said watershed properties include specifically, but are not limited to, the following real property outside the city limits of the city of St. Helens: Columbia County Tax Lots 5-2-8-02000, 5-2-15-00200, 5-2-16-00200, 5-2-20-00100, 5-2-21-00100, 5-2-22-00200, 5-2-27-02400, 5-2-28-00100, 5-2-29-01300, and 5-2-33-00100, comprising approximately 2,355 acres. The property described by the tax lots is illustrated by Exhibit A, which is attached to the ordinance codified in this chapter and made a part hereof by this reference. (Ord. 2997 § 2, 2006)
9.24.020 Criminal trespass – ORS 164.245.
Except as provided in SHMC 9.24.060, no person shall enter or remain upon city watershed properties without an entry permit issued by the city of St. Helens in their personal possession. No person with or without an entry permit shall enter or remain upon city watershed properties in violation of the additional prohibitions specified on the reverse side of the permit, and in SHMC 9.24.040. Any person that enters or remains on city watershed properties, including Salmonberry, that is found to be violating these rules commits the crime of criminal trespass and is subject to arrest pursuant to ORS 164.245. (Ord. 2997 § 3, 2006)
9.24.030 Additional prohibitions resulting in trespass.
Entering or remaining on city watershed properties is expressly conditioned upon strict compliance with the rules, regulations and permit requirements of the landowner, the city of St. Helens. Violation of the following prohibitions will result in a violation of ORS 164.245, Criminal Trespass:
(1) It is unlawful for a person to enter or remain in the watershed in violation of any state statute, state regulation, county, or city ordinance, the specific prohibitions, terms and conditions of this chapter, or the terms and conditions of an entry permit.
(2) It is unlawful for a person to enter or remain in the watershed between dusk to dawn, without a valid entry permit that has special use authorization obtained from the city of St. Helens.
(3) It is unlawful for a person to enter or remain in the watershed, with or without a permit, when there is a posted fire danger or a declared emergency.
(4) It is unlawful for a person to enter or remain in the watershed while operating a motor vehicle, including but not limited to trucks, cars, vans, motorcycles, quads, campers, any type of recreational vehicles, or any other form of motorized vehicle. A motor vehicle used in violation of this section will be subject to towing and impoundment under Ordinance 2373, as amended (Chapter 8.40 SHMC). Ordinance 2373, as amended, is expressly understood to be extra-territorial in its application by this reference. Notwithstanding the prohibitions of this section, the city will make reasonable accommodation of handicapped visitors upon reasonable notice to the city administrator, and upon issuance of an entry permit.
(5) It is unlawful for any person to enter or remain in the watershed if the person discards or deposits any rubbish, trash, garbage, debris, animal waste, animal carcass, or other refuse.
(6) It is unlawful for any person to enter or remain in the watershed if the person discards any glass, cans, trash, rubbish, debris, litter, or substance on or within 100 yards of any body of water which could cause pollution or endanger the purity of the lakes, springs, streams, dams, creeks, or tributaries in the watershed.
(7) It is unlawful for any person to enter or remain in the watershed if the person lights or maintains a fire of any kind, including but not limited to campfires, smoking, and torches.
(8) It is unlawful for any person to enter or remain in the watershed if the person has in their possession any explosive or fire accelerant, including but not limited to dynamite, fireworks of any kind, gasoline, oil, propane, or butane.
(9)(a) It is unlawful for any person to enter or remain in the watershed to which the general public has access while in possession of a loaded firearm or weapon without a valid entry permit with special use authorization that allows entry for hunting purposes during a regular hunting season as specified in the Oregon Department of Fish and Wildlife Big Game and Game Bird Regulations. This provision does not apply to or affect a person licensed to carry a concealed handgun or persons authorized to possess loaded firearms pursuant to ORS 166.370.
(b) Notwithstanding subsection (9)(a) of this section, any discharge of a firearm or weapon within a watershed inside the city limits unrelated to hunting and any discharge of a firearm or weapon in posted boundary zones marked as no-shooting zones inside the city limits is expressly prohibited. Weapons include any spring- or air-actuated pellet gun, air gun, BB gun, crossbow, bow and arrow, or blowgun. This prohibition does not apply to or affect:
(i) A person discharging a firearm in the lawful defense of person or property.
(ii) A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting.
(10) It is unlawful for any person to enter or remain in the watershed if the person kills, injures, or removes any animal, fish, or fowl from the watershed without a valid entry permit with special use authorization and the appropriate state issued license and tag.
(11) It is unlawful for any person to enter or remain in the watershed if the person possesses, sells or consumes any alcoholic beverage, intoxicant or controlled substance.
(12) It is unlawful for any person to enter or remain in the watershed if the person: (a) posts a sign of any kind, (b) constructs a building or structure of any kind, or (c) attaches a sign or structure to any tree, shrub, railing, fountain, post, statue, bridge, monument, or any other structure.
(13) It is unlawful for any person to enter or remain in the watershed if the person solicits or conducts any business, or solicits contributions, without an approved concession agreement between the vendor and the city.
(14) It is unlawful for any person to enter or remain in the watershed if the person cuts, burns, damages, or removes any forest product, including firewood.
(15) It is unlawful for any person to enter or remain in the watershed if the person alters, changes, defaces, destroys, or removes any structure, sign, warning, notice, gate, or lock that was implemented, posted, or maintained by the city or its duly authorized agents.
(16) It is unlawful for any person to enter or remain in the watershed, with or without a permit, when there is a posted fire danger or a declared emergency. (Ord. 3170 § 1, 2013; Ord. 2997 § 4, 2006)
9.24.040 Exceptions.
The prohibitions of SHMC 9.24.030 do not apply to or affect government officials entering the property in the performance of their lawful duties, including, but not limited to, employees of the United States Department of Agriculture, members of the military, law enforcement officers, Oregon Department of Fish and Wildlife employees, Oregon Department of Forestry employees, Columbia River Fire and Rescue, emergency service personnel, city employees, or city contractors. (Ord. 3170 § 2, 2013; Ord. 2997 § 5, 2006)
9.24.050 Permits.
A permit specifying the location to which it applies shall be issued by the city free of charge to individuals that complete and sign the permit application. The signature required on the application certifies the information provided is true and correct and is made under the penalty of perjury and false swearing. By signing the permit application the individual also acknowledges receipt of the rules and regulations that govern entry by permit. Falsification of entry applications will be prosecuted. Entry permits may be obtained from St. Helens City Hall, 265 Strand Street, St. Helens, Oregon 97051 between 8:30 a.m. and 12:00 p.m. and between 1:00 p.m. and 5:00 p.m., Monday through Friday, excluding legal holidays. Entry permits with special use authorization (overnight camping, hunting, etc.) may only be obtained from City Hall. Entry permits may also be obtained from other authorized locations. All entry permits will be ineffective and entry upon the property will not be permitted when there is fire danger, or when the city council, the mayor, or his designee specifies that entry shall not be permitted pursuant to the city emergency operations ordinance (Chapter 2.48 SHMC) or other declared emergency. The city may deny an application for an entry permit to persons that: (1) have been convicted of any crime or any game violation in any jurisdiction, or (2) are on a current release agreement concerning any fish and game offense, property crime, or any controlled substance manufacturing offense. (Ord. 2997 § 6, 2006)
9.24.060 Group permits.
Issuance of a group permit requires that all persons to which the group permit will apply be identified on the permit application, and each person must meet the minimum qualifications for issuance given in SHMC 9.24.050. Group permits are limited to two adults per permit and an unlimited number of juveniles. An adult and/or juvenile named on the permit shall be deemed to be in possession of a permit allowing entry if they enter the watershed accompanied by the other adult and one of the adults has personal possession of a permit. (Ord. 2997 § 7, 2006)
9.24.070 Enforcement.
State laws are enforced on city watershed properties by the state police and other law enforcement agencies. The city police may also cite violators of this and other city ordinances, which requires appearance in St. Helens municipal court. The prosecuting attorney shall designate the appropriate mental state on the complaint. (Ord. 2997 § 8, 2006)