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HomeMy WebLinkAboutAdmin Order 57-88-01 CITY FILE NO., ~1-~~ CITY OF EUGENE, OREGON PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT PARK RULES The Executive Director of the Parks, Recreation and Cultural Services (PARCS) Department of the City of Eugene finds that: Recent reorganizations of City departments has resulted in a restructuring of the Department of Parks & Recreation, and the Park Rules currently in effect should be amended to reflect these changes. It would also be in the public interest to amend: Rule 1.000 by incorporating subsection (2) thereof in a new Rule 1.003 which provides specific closing hours for parks; Rule 1.007 H., by adding the Charnel Mulligan Park, University Park, and Washburne Park to the list of park areas in which consumption of malt beverages and alcoholic liquor are prohibited; Rule 1.010 with respect to prohibitions on battery or vehicle operated noise-producing devices; Rule 1.015 to require written consent to possess weapons within park areas; Rule 1.025 to prohibit fires in Spencer Butte Park and the Ridgeline Park System, and to prohibit fireworks in all park areas; Rule 1.030 to prohibit the operation of bicycles on footpaths in park areas; and Rule 1.050 to prohibi t dogs in park areas posted as no dog areas and requiring the removal by the dog's owner of any dog solid waste matter deposited on any improved park areas. In addition, several amendments to the Park Rules have been effected since their original adoption, and in order to avoid any potential confusion, they should be replaced by the Rules Park Rules - 1 hereinafter set forth, which incorporates those prior amendments and the ones proposed herein. Therefore, based upon the above findings, and pursuant to the authority of section 2.812 et sea. of the Eugene Code, 1971, the following Park Rules, as amended herein, are adopted by the Executive Director of the Parks, Recreation and Cultural Services (PARCS) Department of the City of Eugene. The current Park Rules, and all amendments thereto shall be repealed as of the effective date of the following Rules: PARK RULES 1.000 PARK AREAS COVERED. The following rules shall apply to all property belonging to the City of Eugene, including property outside the corporate limits of the City and County parks within the corporate limits of the city, except property for which other specific rules or regulations have been adopted. 1.003 HOURS PARKS ARE CLOSED. Except as specially permitted by the Executive Director, no person other than law enforcement officers or authorized personnel may enter or remain in any park area between the daily closing time of 11:00 p.m. and the daily opening time of 6:00 a.m. 1.005 ENFORCEMENT. (1) PARCS Department personnel, or any peace officer, in any park area may order compliance by the public with park rules, and may order any person violating the rules to leave the park area. A violator may be subject to arrest by a police officer if the violation takes place in the presence of the officer, or a misdemeanant citation may be issued in lieu of arrest by the officer. Persons in lawful charge of the premises, or PARCS Department personnel, may issue to the violator a notice of violation of these rules or for trespass if the violation takes place in the presence of the PARCS Department personnel. Park Rules - 2 (2) If a notice of violation is issued, it shall state with reasonable particularity the rule or rules alleged to have been violated; shall be signed by the department personnel issuing the same; and shall contain a statement thereon that a complaint may be filed in the Municipal Court of the city of Eugene in conformity therewith. (3) The PARCS Department personnel issuing the notice shall, within 24 hours thereafter, prepare a written report containing a clear and concise statement of the incident, the alleged violation, the names and addresses of any witnesses thereto, and their statements, and shall deliver the same, together with a copy of the Notice of Violation to the City Prosecutor who shall determine whether a complaint shall be issued. (4) If a complaint is authorized by the City Prosecutor, it shall be signed and sworn to as in the manner of other Municipal Court complaints by the PARCS Department personnel issuing the notice, who shall file the original complaint with the Municipal Court, secure from the Court a citation with the appearance date and amount of scheduled bail affixed thereon, and thereafter cause a copy of the citation to be served by a police officer upon the defendant, and file his or her return of service with the court. (5) Nothing in these rules shall prohibit the service of complaints by police officers. In the event a violator is arrested or issued a misdemeanant citation by a police officer, his or her report shall be promptly forwarded to the City Prosecutor for a determination as to issuance of the complaint. (6) After a complaint has been filed and served on the defendant, all subsequent proceedings shall be in accordance with the rules and procedures of the Municipal Court. 1.007 CONSUMPTION OF MALT BEVERAGES AND ALCOHOLIC LIQUOR. Consumption of malt beverages and alcoholic liquor, other than hard liquor, is permitted in all park areas except within: (a) Children's playground areas; (b) Athletic fields; (c) Wading pools; Park Rules - 3 Park Rules - 4 (d) Swimming pools; (e) Tennis courts; (f) Parking lots; (g) Rest rooms; and (h) The following specific areas: 1. Alton Baker Park: Prohibited throughout, except for the picnic shelters; 2. Amazon Park: Prohibited within the Amazon Center, except by special authorization; 3. Celeste Campbell Senior Center: Prohibited except at the discretion of the Center Supervisor; 4. Charnel Mull igan : throughout; Prohibited 5. Hendricks Park: Prohibited within the Rhododendron Garden section; 6. Lamb Cottage: Prohibited within the building or within 200 feet of the building, except by special authorization; 7. Laurelwood Golf Course: except at the discretion of Operator; Prohibited the Course 8. Monroe throughout; Park: Prohibited 9. Owen Memorial Rose Garden: Prohibited within the Rose Garden section of the park; 10. Park Offices: Prohibited within all administrative offices or the Park Services Complex at 210 Cheshire Street; 11. Petersen Park Barn Community Center and Park: Prohibited within the Center except by special authorization; 12. Scobert throughout; Prohibited Park: 13. Sheldon Community Center: Prohibited except by special authorization; 14. Sladden Park: throughout; Prohibited 15. Trude Kaufman Senior Center: Prohibited except at the discretion of the Center Supervisor; 16. University Park: throughout; Prohibited 17 . Washburne Park: throughout; Prohibited 18. Washington/Jefferson Park: Prohibited throughout; 19. Washington Park Center: Prohibited within the building or within 200 feet of the building, except by special authorization; 20. Wayne Morse Ranch Park: Prohibited within enclosed structures and the yard immediately surrounding such structures, except by special authorization; 21. West University Park: throughout; Prohibited 22. Westmoreland Community Center: Prohibited except by special authorization; and 23. Willamette River Greenway Park and River House: (Described as that contiguous park land west of Owen Rose Garden to a point on the west boundary where the improved area ends and the natural river front zone begins) - Prohibited throughout. For purposes of this Rule, the definitions contained in section 4.105 of the Eugene Code, 1971 for malt beverage, alcoholic liquor, and hard liquor, shall apply. 1.010 PROHIBITED ACTIVITIES. In addition to any other prohibitions in these rules, the following activities are prohibited within a park area: (a) Setting up or using a public address system without the written permission of the PARCS Park Rules - 5 Department. (b) Operating or using any battery or vehicle operated noise-producing device in a manner that disturbs other park visitors. (c) Participating in a public demonstration, disturbance, or riotous behavior that interferes with the reasonable use by the general public of the park. (d) Using a metal detector within a park without the written permission of the PARCS Department. (e) Playing sports outside recreation areas set aside for that purpose if the activity is harmful to plant life or interferes with other uses of the park. (f) Playing sports or engaging in other activities in areas set aside for organized sports activities during a time when such areas are scheduled by the department for use without the written permission of the PARCS Department. (g) Organized group events such as picnics, weddings, etc. within the Hendricks Park Rhododendron Garden section, in order to preserve the tranquility of the area. (h) Wading, swimming or bathing in any of the pools, ponds, canals, or other water features of Alton Baker Park. 1.015 HUNTING. In a park area, no person may: (a) Hunt, pursue, trap, kill, injure, molest, or disturb the habitat of any wildlife. (b) Discharge a firearm, pellet gun, bow and arrow, slingshot, or other weapon capable of injuring a person or wildlife. (c) Possess any weapon except with the prior written consent of or by special regulation of the PARCS Department. 1.020 UNCLAIMED ARTICLES. An article found in a park area shall be turned over to the PARCS Department and disposed of in Park Rules - 6 accordance with applicable city and state law. 1.025 FIRES AND FIREWORKS. (1) Fires are prohibited in Spencer Butte Park and the Ridgeline Park System. (2) Fires in all other park areas shall be confined to: (a) Park camp stoves or fireplaces provided for that purpose. (b) Portable stoves in established camp sites or picnic areas constructed or designated for motor vehicle use. (3) No fire in a park area may be left unattended; every fire must be extinguished by the user before leaving the park area. (4) The use of fireworks of all types (including sparklers, cone fountains, snakes and model rockets) are prohibited in park areas. 1.030 VEHICLES. (1) No bicycles may be operated on trails designated as foot paths only. (2) Motor vehicles may be operated only on roads and in parking areas constructE?d or designated for motor vehicle use. (3) No motor vehicle may be operated on a bicycle or foot path. (4) Motor vehicles and trailers may be parked only in designated parking areas. The parking area is clearly designated in each park. (5) No person may operate a vehicle within a park area at a speed exceeding 20 miles per hour unless the roadway is posted with a greater speed limit. (6) No commercial vehicles, or vehicles with the combined weight greater than that of a passenger automobile and its load, shall be permitted to use the roads in any parks of the city. (7) This section does not apply to maintenance and emergency vehicles. Park Rules - 7 1.040 OVERNIGHT CAMPING. No person may camp in any park without the specific authorization of the PARCS Department Executive Director. 1.050 PETS. (1) Dogs are prohibited in park areas posted as no dog areas. (2) A dog brought into or kept in all other park areas shall be on a leash not more than eight (8) feet in length, or confined in a vehicle, and must be kept under control at all times. (3) No dog may deposit solid waste matter on any improved park property unless the dog's owner immediately removes the solid waste. (4) A dog's owner is responsible for the dog's behavior at all times while the dog is in the park. (5) PARCS Department employees may require a person in charge of an animal to undertake any measure, including the removal of the animal from the park area, necessary to prevent interference by the animal with the safety, comfort, or well-being of park area visitors or resources. (6) No person may ride, drive, lead, or keep a saddle horse or other animal in a park area except on roads, trails, or areas designated for that purpose. (7) No animal may be hitched to a tree or shrub in a manner that endangers the tree or shrub. 1.060 SIGNS AND CONCESSIONS. (1) Except in a specially designated area, no person may erect signs, markers, or inscriptions of any type within a park area without permission from the PARCS Department. (2) The following activities are prohibited in a park area unless specifically authorized in writing by the PARCS Department: (a) operating a fixed or mobile concession. (b) peddling, Soliciting, selling, offering for sale, hawking, or vending any goods or Park Rules - 8 services. (c) Advertising any goods or services. Cd) Distributing any commercial circular, notice, leaflet, pamphlet, or written or printed information of any kind. A noncommercial handbill may be distributed to a person willing to accept it if it is distributed without charge. 1.070 VANDALISM AND LITTER. (1) Flowers, or other vegetation, may not be picked, cut, mutilated, or removed from any park area without written permission from the PARCS Department. (2) No person may mutilate, deface, or remove a table, bench, building, sign, monument, fence, barrier, fountain, faucet, recorder, or other structure or facility of any a park area. damage, marker, traffic kind in (3) No person may dig up, deface, or remove earth, stones, rock, or other substance, make an excavation, lay or set off any blast, roll any stones or other objects, or assist in doing so in a park area except under authority of the PARCS Department. (4) Refuse may be left in a park area only in the receptacles designated for that purpose. (5) No person may wash any clothing or other material in a park area. (6) No person may clean fish in a lake or stream in a park area. 1.071 GLASS BEVERAGE CONTAINERS. Except as authorized in writing by the Executive Director of the PARCS Department, no person may possess a beverage container made of glass in any city park or County park within the city limits, or bring, carry or transport any beverage container made of glass into any City park or County park within the City limits. PENALTIES. Violation of a Rule of the PARCS Department adopted under section 2.812 of the Eugene Code, 1971 and the sections following, is punishable by a fine not to exceed $500 or confinement in jail not to exceed 30 days, or both such fine and imprisonment. (Subsection 2.1990(2), Eugene Code, 1971.) Park Rules - 9 The Executive Director of the PARCS Department specifically finds and declares that the foregoing amended Park Rules are necessary for the preservation of the health, welfare and safety of the citizens of the City of Eugene; that failure to promptly adopt the Rules will result in serious prejudice to the public interest and cause delay in the posting of signs which are particularly necessary with the approach of the summer usage season, and therefore, an emergency is hereby declared to exist, and these Rules as amended herein shall be effective on and after the date a certified copy hereof is filed with the City Recorder of the City of Eugene, which date is indicated below. ,f( Adopted this ~ day of July, 1988, effective as of the /llt day of July, 1988. j?~ . Executlve Director PARCS Department Park Rules - 10