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City of Pendleton, Oregon Ordinance No. 2645
ORDINANCE NO. 2645
AN ORDINANCE ESTABLISHING RULES AND REGULATIONS TO BE OBSERVED AND ENFORCED WITHIN THE PUBLIC PARKS OF THE CITY OF PENDLETON, OREGON, AND PROVIDING FOR PUNISHMENT FOR VIOLATION THEREOF. (As amended by Ordinance Nos. 3139, 3361, 3656, 3735, 3786, 3795, 3849, 3916, 3948, 3973)
Enacted October 19, 1971; last amended April 6, 2021.
CITY OF PENDLETON ORDAINS AS FOLLOWS:
SECTION 1. The words "public parks" as used herein shall mean and include all properties owned and controlled by the City of Pendleton, Oregon, and operated as parks available for use of the public.
(Section 1 as amended by Ordinance No. 3849, passed June 17, 2014.)
SECTION 2. For the conduct of persons using or frequenting the public parks of Pendleton, Oregon, the following rules and regulations to be observed and enforced within said public parks are hereby established.
A. Fires. No person shall build a fire within public parks except in a stove or fireplace provided therefore.
B. Animals. No person shall ride or drive any horse or animal, or permit any horse or animal to go upon any portion of any public park except on roads and regularly provided parking areas in said parks, or ride or drive any horse or other animal in a reckless manner, or permit them to be so ridden or driven. No person shall allow horses or other animals to stand unattended while the driver, rider or attendant is beyond reach of such horse or other animal.
C. Dogs. No person shall permit any dog to run at large within any public park and all dogs shall be kept in control on leash at all times. Owners of dogs or other animals shall remove their animal’s waste when it is deposited within any park or on any public walking surface. Owners of dogs or other animals damaging or destroying park property will be held liable for the full value of the property damaged or destroyed, in addition to impounding fees and the penalty imposed for violation of this Ordinance.
D. Vehicles.
(1) Motor Vehicles. No motorized vehicle which is propelled by a non-electric means, and no electric vehicle which weighs more than 100 pounds shall be operated, stopped, parked or left standing any place in a public park except on roads and parking areas provided therefore.
(2) Non-motorized vehicles which weigh less than 100 pounds, including bicycles, manual scooters and skateboards, may be operated on roads, parking areas, and pathways.
(3) Motorized electric vehicles which weigh less than 100 pounds, including e-bicycles, e-scooters, e-mopeds and segways, may be operated on roads, parking areas, and pathways.
(4) All non-motor vehicles and motorized dockless vehicles shall be operated at not more than 9 miles per hour and shall yield to pedestrians, animals and all other vehicles.
(5) The Parks and Recreation Department Director may designate, with specific signage, designated locations in parks:
(1) In which non-motor vehicles and dockless vehicles may not be operated.
(2) In which non-motor vehicles and dockless vehicles must be, and may not be parked.
E. Hours. No person shall park in a vehicle or remain in any Pendleton city park between 10:00 p.m. and the following 5:00 a.m. This sub-section shall not apply to the following:
(1) The Rudy Rada Skatepark.
(2) Campers in authorized parking areas.
(3) Participants or spectators of athletic contests in park areas floodlighted for those contests, and special events in park areas; or scheduled events in a park building designated as a community center.
(4) Such special occasions or events as may be authorized by order of the City Manager.
F. No person shall litter, deface or destroy public park property.
G. No person shall deposit household trash or garbage in a public park receptacle.
H. Sales Permits, Beverages.
(1) No person shall engage in the sale of any merchandise or service, or operate any concession, or conduct any music, art, religious or other show and/or display within any public park, without obtaining a permit from the City Manager.
(2) Such permits shall only be issued to civic, fraternal, charitable or non-profit organizations.
(3) The sale of liquor in public parks shall be authorized only for civic, fraternal, charitable or non-profit organizations in connection with events they sponsor in the park and such organizations shall furnish proof of liquor liability naming the City as a co-insured with liability limits not less than the City's exposure under the Oregon Tort Claims Act, and shall obtain a temporary special permit to sell liquor.
(4) All persons serving liquor in parks must obtain approval from the City Manager, Chief of Police, and the Parks/Recreation/Cemetery Director after confirming that there is no conflict over park scheduling. Such persons shall sign a hold harmless agreement agreeing to indemnify and hold the City harmless from any liability.
(5) All groups serving beverages in public parks, regardless of whether the beverage is for sale, shall serve such beverages in unbreakable containers other than glass.
I. All ordinances of the City of Pendleton shall apply to and be in full force and effect within public parks.
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K. Tobacco prohibited. No person shall use tobacco products, nor shall they smoke, aerosolize, or vaporize tobacco or any other inhalants, or carry a lighted smoking instrument or activated inhalant delivery system in all public places on all public parks properties, including city-owned cemeteries,
For purposes of this Ordinance the following definitions will apply:
(1) “Tobacco products” include cigarettes and all other forms of tobacco, including cigars pipes, chewing tobacco, and snuff, as well as any product containing nicotine that is not an FDA-approved nicotine cessation device.
(2) “Inhalant” means nicotine, a cannabinoid or any other substance that: (a) Is in a form that allows the nicotine, cannabinoid or substance to be delivered into a person’s respiratory system; (b) Is inhaled for the purpose of delivering the nicotine, cannabinoid or other substance into a person’s respiratory system.
(3) “Inhalant delivery system” means a device that can be used to deliver nicotine or cannabinoids in the form of a vapor or aerosol to a person inhaling from the device.”
(Section 2, as amended by Ordinance No. 3139, passed August 19, 1980; Ordinance No. 3361, passed June 3, 1986, Ordinance No. 3656, passed November 20, 2001, Ordinance No. 3735, passed August 15, 2006, Ordinance No. 3786, passed May 5, 2009, Ordinance No. 3795, passed December 15, 2009, and Ordinance No. 3916, passed October 17, 2017, Ordinance No. 3948 passed November 5, 2019, and Ordinance No. 3973 passed April 6, 2021.)
SECTION 3. Penalties.
A. A violation of a provision of this Ordinance shall be punishable by a fine not to exceed On Thousand and No/100 ($1,000.00) Dollars.
B. Every full day during which an activity continues to be conducted in violation of this Ordinance shall be considered a separate offense.
C. Offenses under this Section shall be tried in the Municipal Court as a violation and not as a crime. As a violation there is no right to jury trial or court appointed counsel. (Section 3, as amended by Ordinance No. 3361, passed June 3, 1986.)
SECTION 4. Additional Remedies.
A. In addition to the penalties provided in this Ordinance, the City may sue in a court of competent jurisdiction to obtain a judgment for a fee due under this Ordinance and enforce collection of the judgment by execution.
B. The City may seek an injunction to prohibit a person from engaging in an activity prohibited by this Ordinance.
C. In an action authorized by this Section, if the City prevails, it shall recover reasonable attorney's fees to be set by the Court in addition to its costs and disbursements. These fees are recoverable at all levels of trial and appeal.
D. Whenever a fee required by this Ordinance is not paid when due, the City Recorder shall add as a penalty to the fee an amount equal to ten (10%) percent of the fee for each month or part thereof during which the fee and accumulated penalty amounts remain unpaid. The total amount of penalties shall not exceed one hundred (100%) percent of the original fee. (Section 4, as amended by Ordinance No. 3361, passed June 3, 1986.)
PASSED and approved October 19, 1971.
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