Ordinances

County Park Ordinance  •  Chapter 1064 Parks Generally

The board of County Commissioner of Jackson County, Oregon ordains as follows:

The following rules, regulations and provisions are established
for the use of the County Parks and Recreation areas:


1064.01 DEFINITIONS
1064.02 CLOSURE OF PARKS; USE LIMITATIONS.
1064.03 FEE, PERMIT AND LIMITATION SCHEDULES.
1064.04 REVOCATION OF PERMITS; EVICTION.
1064.05 USE OF VEHICLES.
1064.06 ANIMALS
1064.07 WILDLIFE; HUNTING
1064.08 WEAPONS AND EXPLOSIVES
1064.09 CAMPING

1064.10 FIRES
1064.11 BOATING
1064.12 GARBAGE AND RUBBISH; LITTERING.
1064.13 PROPERTY DESTRUCTION.
1064.14 PEDDLERS AND SOLICITORS; ADVERTISING; SIGNS.
1064.15 PEACE DISTURBANCES.
1064.16 MISCELLANEOUS.
1064.17 ILLEGAL PARKING

 

 
1064.01 DEFINITIONS
As used in this chapter:
A. "County Park" means
(1)
An area owned and designated by the County for public park purposes; or
(2) An area owned by some other public entity but used and operated by the County for public purposes 
B. "Horse" includes mules, donkeys, and other ridable animals.
C. "Parks and Recreation Department" means the County Parks and Recreation Department and its officers, agents, and employees.
D. "Vehicle" means every device in, upon or by which any person or property is or may be transported upon roadways. 
(Ord. 80-15, Passed 8-13-80)
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1064.02 CLOSURE OF PARKS; USE LIMITATIONS
A. The Parks and Recreation Department is hereby authorized to close to public use any County parks or portion thereof, restrict the times when the same shall be open to such use and limit or prohibit recreation use whenever such action is necessary to protect the health or safety of the public or the safety of the park or its facilities. Cause for park closure or limitations on park use include, but are not limited to, fire hazard, dangerous weather or water condition, sanitary protection of the watershed, park construction or repairs, conservation of fish and wildlife, excessive boat traffic, unsafe or overcrowded shoreline, ramp, parking or road conditions, the prevention of damage to the park or any of its facilities or any dangerous, unsafe or unhealthful conditions.
B. Park closure for all day use areas shall occur at sunset unless otherwise posted.
C. No person shall enter any County park or area which has been closed if notice of prohibited has been posted. All refuse to surrender the same to Department upon demand.
(Ord. 80-15, Passed 8-13-80)
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1064.03 FEE, PERMIT AND LIMITATION SCHEDULES
A. All fees, permits and occupancy or time limitations issued by the Parks and Recreation Department authorizing use of a County park or any of its areas or facilities shall be in accordance with schedules adopted from time to time by order of the Board of County Commissioners.
B. No person shall enter or use any County park or any of its facilities without first paying the required fee, if any, to the department, unless such entry or use is otherwise authorized by a valid existing permit belonging to said person. 
C. If the entry or use consists of, or includes, the parking or leaving of an unattended vehicle within a park facility requiring entry fee or permit, such permit must be displayed in the vehicle and visible through the windshield or window, and any annual vehicle permit, camping permit, or vehicle day use permit not thus displayed shall not be deemed valid.
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1064.04 REVOCATION OF PERMITS; EVICTION
A. The Parks and Recreation Department is hereby authorized to revoke any permit which has been issued erroneously or when Department has reasonable cause to believe that the permit holder has violated any of the provisions of this chapter or any State law. Any person whose permit has been revoked shall immediately leave the park and may be removed therefrom.
B. No person who has been ordered to leave a County park shall remain therein.
C. The Department may refuse to admit any person into a County park who has been previously evicted from a County park. 
D. The Department may take possession of any permit which has been removed or which is fictitous, and no person shall refuse to surrender the same to Departmetn upon demand (Ord. 80-15, Passed 8-13-80)
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1064.05 USE OF VEHICLES
A. The definition and provisions of ORS Chapters 803, 807, 811, 815, 819, and 821 of the Motor Vehicle Code shall apply to all vehicles operated or parked within any County park. Any violation of any section of such chapter shall be deemed a violation of this chapter; provided that in no event shall a maximum fine provided under this code exceed the fine provided by statue for the offense, and, further, that any uniform bail schedule applicable to State offenses shall be applicable to a citation used for violation of this subsection.
(1) Drive a vehicle at a speed greater than ten miles per hour in a picnic area, campground or parking lot, or at a speed greater than twenty miles per hour in any other area, unless otherwise posted;
(2) Drive a vehicle other than on established roads for vehicular use, parking areas, and boat ramps;
(3) Park or leave unattended any vehicle or trailer in other than those designated by the Parks and Recreation Department for such parking, or so as to hinder or impede the drivers of other vehicles.
(4) Exception in special use areas designated by the Department for that purpose, drive a motor vehicle not licensed or equipped as provided in Subsection (a).
(5) Leave unattended any vehicle in a County park for more than twelve hours without prior written consent therefore;
(6) Leave a vehicle in for any period of time, unless visiting the park for its intended use; or
(7) Drive an off-road motorcycle which is not equipped with an effective park arrestor.
B. No person shall, within a County park:
(1) Build, light or maintain any fire, except in a stove, pit or fireplace designed for such purpose by the Parks and Recreation Department. Portable gas, gasoline or oil stoves or other portable cooking devices may be used if such devices are in a safe operating condition.
(2) Build, light or maintain any fire so as to constitute an immediate fire hazard to any pile of wood, grass, tree, underbrush or other flammable material;
(3) Leave a fire unattended or leave a County park before extinguishing any fire built, lighted or maintained by him or her; or
(4) Throw or deposit any burning substance, or other substance capable of burning or combustion, near or onto any combustible place or area, except into authorized fire pits provided by the Department for such use (Ord. 80-15, Passed 8-13-80).
C. The Parks Department is hereby authorized to remove, or cause to be removed, and stored, any vehicle left unattended within a County park where there is reasonable course to believe that the vehicle has been parked or left in such a manner or area as violated this section; and, in such event, the procedural provisions of ORS 819.120, 819.190, and 819.210 to 819.250 shall be followed with references to the disposition of such vehicle and the rights of the owner therein.
D. Bicycles, skateboards, roller skates, and similar contrivances shall not be used, except in area designated for their use. (Ord. 80-15, Passed 8-13-88)
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1064.06 ANIMALS
(a) Pets are not permitted in any developed County park day use area, except in areas specifically designated.
Pets are permitted in campgrounds and undeveloped parks.
(b) The Parks and Recreation Department may refuse to admit any person to a County park who is in possession of a pet or other animal that appears, in the judgment of the Department, to be dangerous or likely to disturb persons in the park.
(c) In those parks or park areas designated for such purposes, the following regulations shall apply:
(1) No person shall allow any pet to run unrestrained without prior permission therefore from the Department. Pets shall be restrained by a secure leash not over five feet long.
(2) No person shall allow any pet in his or her custody to annoy or molest any person.
(3) No person shall allow any pet in his or her custody to be tied up and left unattended.
(4) No horse or pack animal shall be tied, secured or hobbled in such a manner as to injure any tree, shrub or park improvement.
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1064.07 WILDLIFE; HUNTING
A. No person shall, in any manner, pursue, kill, injure or molest any bird or animal within County park, except for the control of predatory animals as may be ordered by the County.
B. Hunting is not permitted in any County park, except in those parks or park areas especially designated for such a purpose and during such times as may be established by the State Fish and Wildlife Commission. (Ord. 80-15, Passed 8-13-80.)
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1064.08 WEAPONS AND EXPLOSIVES
No person shall, within a County park:
A. Discharge any firearm, pellet gun, bow and arrow, slingshot or other mile launching device, except in those area designed by the Parks and Recreation Department for such use; or
B. Possess or use fireworks or other explosives without prior written permission therefore from the Department. (Ord. 80-15, Passed 8-13-80.)
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1064.09 CAMPING
A. No persons shall camp in any County park, except in those area designated for camping and except with a valid permit for such a park. The Parks and Recreation Department may, at any time, revoke the camping permit of any person if the campsite occupied by such person is not maintained in a clean, sanitary and safe manner.
B. NO person shall move, vandalize or destroy any valid permit displayed at a campsite.
C. Upon expiration of a camping permit, the permit holder and persons in his or her party must vacate the park for  a minimum of twenty-four hours. All campsites must be occupied a minimum of four hours in any twenty-four hour period.
D. All camping permits, fees and occupancy or time limitations issued by the Department shall be in accordance with schedules adopted from time to time by order of the Board of Commissioners.
E. No person shall reserve or attempt to save a campsite without prior written consent from the Department.
F. Quiet hours shall be observed in all areas between the hours of 10:00 p.m. and 7 a.m. of the following day.
G. Except for the authorized overnight campers, law enforcement officers or authorized County personnel, no person shall enter or remain in any park area between the daily closing time and daily opening time as established by the Department and posted at the entrance to each park (Ord. 80-15, Passed 8-13-80.)
H. The person registering for the campsite is responsible for adhering to all regulations of this ordinance affecting the campsite and for any violation of the ordinance with reference to the use of condition of the campsite occurring, during, or as a result of, occupancy under the permit, but this shall not be construed as a defense for any other person who actually caused or participated in causing the violation.
I. No person under the age 18 shall camp overnight within a County park unless accompanied by an adult.
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1064.10 FIRES
A. A person shall be responsible for damage caused by fires built by such person and for the cost of suppressing such fires.
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1064.11 BOATING
A. The definitions and provisions contained in ORS Chapter 488 relating to boats and boating shall apply to all boats within a County park. Any violation of any section of that chapter shall be deemed a violation of this ordinance; provided that in no event shall the maximum fine provided under this Code exceed the fine provided by statute for the offense incorporated herein, and further, that any uniform bail schedule applicable to the State offense shall be applicable to a citation issued for violation of the following.
B. No person shall, within a County park:
(1) Leave a boat which under his or her care custody and control unattended at a public dock or designated area for more than fifteen minutes, unless otherwise posted or permitted, or in any other place for more than twelve hours, without prior written consent therefore from the Parks and Recreation Department.
(2) Launch a boat at any place other than launching facilities designated by the Department; or 
(3) Engage in any boat race, regatta, exhibition or sales promotion of any kind, or operate a boat for hire, without written approval from the Department.
C. Any boat which has been left unattended contrary to this section may be removed to a designated storage area by the Department at the expense of the owner, and any such boat will be disposed of in accordance with the provision set forth by the State Marine Board. (Ord. 80-15, Passed 8-13-80.)
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1064.12 GARBAGE AND RUBBISH; LITTERING
No person shall, within a County park:
A. Throw dump or deposit any trash, refuse, garbage, litter, waste material, except in receptacles designated by the Park and recreation Department for that purpose;
B. Bring into such a park trash, refuse, garbage, litter, waste material or vehicle for the purpose of leaving it therein;
C. Wash any clothing or other materials in the waters of any lake or stream, or throw, dump or deposit into such waters, or  onto the banks thereof, any trash, refuse, garbage, litter waste material or other polluting product of any kind. Pollution and waste, for the purpose of this section, are as defined in ORS 468.700 (3) and (7);
D. Clean any fish, except at places designated by the Department for such purpose. (Ord. 80-15, Passed 8-13-80.)
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1064.13 PROPERTY DESTRUCTION
No person shall:
A. Pick, cut, mutilate, or remove from any park area flower, shrubs, foliage, trees or plant life or products of any kind without written permission therefore from the Parks and Recreation Department.
B. Mutilate, deface, damage, move, or remove any park equipment, including, but not limited to tables, benches, buildings, signs, markers, plaques, barriers, fountains, faucets, traffic recorders or other structures or facilities of any kind in a park area; or
C. Dig, dredge, deface or remove any dirt, stones, rocks, artifacts or other substances, make any excavation, quarry any stones or other objects or cause or assist in doing any of such things within a park area, except upon written permission from the Department. (Ord. 80-15, Passed 8-13-80.)
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1064.14 PEDDLERS AND SOLICITORS; ADVERTISING; SIGNS
No person shall, within a County park:
A. Operate a concession, either fixed or mobile, or engage in the business of soliciting, selling or peddling goods, wares, merchandise, liquids or edibles for human consumption, without prior written permission from the Parks and Recreation Department.
B. Advertise in any manner, by either fixed or mobile display, without prior written permission therefore from the Department; or
C. Erect any sign, marker or inscription without prior written permission therefore from the Department.
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1064.15 PEACE DISTURBANCES
No person shall, within a County park:
A. Set up or use a public address system or any sound amplifying equipment without prior written permission therefore from the Parks and Recreation Department ;
B. Operate a radio or musical instrument in such a manner as to disturb others and create disturbing noise; or 
C. Use abusive, threatening, boisterous, vile, obscene or indecent language or gestures, cause, attempt to cause or participate in any public disturbance or in any way create a public nuisance. (Ord. 80-15, Passed 8-13-80.) 
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1064.16 MISCELLANEOUS
A. The provisions contained in ORS Section 471.410 and 471.430 relating to possession of alcoholic liquors and to the providing of such liquors to persons under 21 shall apply to all persons within County parks, and any violations of said sections shall be deemed a violation of this Code; provided that in no event shall the maximum fine imposed under this Code exceed the fine provided by statue for violation of ORS 471.430
B. Except in case of an emergency, no person shall land or attempt to land any aircraft within a County park without prior approval from the Parks Department.
C. Mining for gold within County parks is restricted to recreational activity only, and is limited to gold panning, using historical methods and tools. The use of a dredge, or any equipment other than gold pans and small shovels or trowels, for gold mining within County park areas is prohibited. Digging in the stream banks, or undermining trees, shrubs, or man-made features such as buildings, fences, and bridge abutments is not allowed. No commercial mining is allowed within a County Park.
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1064.17 ILLEGAL PARKING
For purpose of charging, citing , providing any violation of Section 1064.03 (b) or 1064.05 (a), (b) (3,5, or 6), the registered owner of the vehicle found without permit or unlawfully parked is presumed to be the person who unlawfully enters the park with fee or permit, or who unlawfully parked the vehicle and left it unattended, as the case may be; but the presumptions may be overcome by evidence specifically identifying the person who, in fact, committed the offense.
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