HomeMy WebLinkAboutOrdinance 1819ORllINANCI~ NO. ~ I
AN OI2DINANCG AMI?NDING CPMC TI'rLP 8
RGLATING'I'O U5F, OP' Tiih 13IsA12 CRtiEK GRP.GNWAY
THE PEOPhE Oh THE CITY OF CEN"hRAL POINT DO ORDAIN AS POL,LOWS:
Section 1. Chapter 8.32 of the Cenh<il Point Municipal Codc is hereby established as follows:
Chapter 8.32
BF~1R CRGE"sK GRhL;NWAY
Sections:
8.32.010 Purpose.
8.32.020 Definitions.
832.030 Intended Uses.
832.040 Authority; Closure of Greenway; Use Limitations.
832.050 Regulations; Prohibitions.
832.060 Severability.
832.070 Jurisdiction: Enforcement.
832.080 Violations; Penalty.
832.010 Purpose.
'T'his ordinance establishes the enforceable regulation ofactivities throughout thatportion ofthe Bear
Creek Greenway Corridor which lies within the jurisdiction of the City of Central Point. The
provisions of this Chapter. unless agreed otherwise, are not intended to preempt any other local
government law, ordinance, rule, orregulation, or any property transaction, easement, covenants or
similar agreement between any local government and those adjacent landowners with whom those
agreements were made.
832.020 Definitions.
P'or the purposes of this Chapter, unless the context requires otherwise, the following definitions
apply:
(a) "Camp" nheans to set up, occupy, or to remain in or at a campsite.
(b) `'Campsite" means any place where any bedding, sleeping bag or other material used for
bedding purposes, or any stove or fre, is placed, established or maintained for the purpose of
maintaining a temporary place to live, whether or not such place incorporates the use of any teat,
box, lean-to; shack or achy other structure, or any vehicle or part thereof.
(c) "Bear Creek Greenway Con~idor(Ureenway)"means thatpublicly-owned20-milecorridor
of parks, trails, and adjacent land and waters that is located running north and south and includes
Ordinance No. 1819 (032201)
sections ofBear Creek between North Mountain Avenue in the City of Ashland anti the Scvcn oaks
Interchange north of the City of Central Point.
(d) `Bicycle" has the meaning given that term in ORS ROl .150.
(e) "Destructive device" means any device wits an explosive, incendiary or poison gas
component, including but not limited to a bomb, grenade, rocket having a propellant charge ofmore
than four ounces, missile having an explosive or incendiary charge ofmore than one-quarter ounce,
mine, or any combination of parts either designed or intended for use in converting any device into
any destructive device described in this paragraph and from which a destructive device may he
readily assembled.
(f) "Dwell" means to regularly or intermittently remain for such a period of time at or near a
particular location, premises or area so as to create a circumstance normally or reasonably associated
with inhabiting, living, or assuming a possessory interest in such area.
(g) "Firearm' has die meaning given that term in ORS 166? 10.
(h) "Fireworks" has the meaning given that term in OKS 480.110.
(i) Greenway Authority"meaus the City of Central Point its designees, or its employees, who
have lawful control ofregulating use ofthe Greenway by nahire of,jw•isdiction, ownership, tenancy,
or official position.
(j) "Horse:' in addition to its ordinary meaning includes mules, donkeys and other rideable
animals.
(k) "Keeper" means a person who owns, possesses, controls or otherwise has diarge of a
compa~~ion animal, as that term is defined in ORS 164.055(2)(a).
(I) "Livestock" means equines, cattle, sheep, goats, llamas, alpacas and swine.
(m) "Occupy" or "Occupancy" means the purpose for which a premises or structure, or parts
thereof, is used or intended to be used. The def nition of"Occupy" is not limited to human or animal
inhabitation and can include the improvement, development, or the placement of a structure or
building on a premises, or any condition thereof.
(u) "Open to die public" means premises that, by theirphysical nature, function, custom, usage,
notice or lack of notice, or other circumstances at the time, would cause a reasonable person to
believe that no permission to enter or remain is required.
(o) "Possess" has the meaning given that teem in ORS 161.015.
(p) "Premises" includes any real property, facility. structure, shelter or building whether
privately or publicly owned.
Ordinance No. 1819 (032201)
(q) "Skate' or "Skating°' means roller skating, skate boarding or roller blading, or otherwise
the use or application of a similar contrivance propelled exdusivcly by human power.
(r) "Weapon' means any instrument, article or substance specifically designed for and
presently capable of causing death or serious physical injury. A weapon includes any knife having
a blade that projects or swings into position by force of a spring or by centrifugal force and
commonly known as a switchblade knife, any dirk, dagger, ice pid<, slingshot, metal knuckles, or
any similar instrument by the use of which injury could be inflicted upon the person or property of
any other person. A "deadly" weapon has the meaning given that tens in ORS 161.015(2).
8.32.030 Intended Uses.
The Greenway is intended for u~ultipie use for recreational and non-motorised h~ausportatiou
activities. None of the provisions of this ordinviee relieves the pedestrian or relieves the cyclist,
skater, or equestrian from the duty to exercise due care concerning other users of the Greenway or
adjacent land owners.
(a) All Greenway users should maintain their own common or standard lane of travel without
impeding travel of other users.
(b) Bicyclists and skaters yield to all other trail users, and hikers yield to equestrians.
(c) Unless otherwise marked, Greenway asers are permitted only on paths or paved trails
specifically designed for such use.
(d) Companion animals are allowed if on a leash no longer than six feet a~1d in strict control
of its keeper. Keeper shall remove the auimai's waste.
(e) All users are expected to observe and obey al] Oregon State and Greenway traffic, as well
as informational, warning, and closure signs.
(f) All persons within the Greenway will be held responsible for any damage they cause.
Parents or guardians will be held responsible for the damage caused by their children under the age
of 18 years old, whether or not the parent or guardian is present.
8.32.040 Authority; Closure of Greenway_ Use Limitations.
(a) The Greenway Authority is hereby authorized to establish and post regulations governing
the use of the Greenway within its jurisdiction which promote public health and safety and the
preservation of property.
(b) The Greenway Authority is hereby authorized to close to public use the Greenway corridor
or any portion thereof, resh~ict the times when the same shall be open to such use and limit or
prohibit airy recreational use whenever such action is necessary to protect the health or safety of the
public or the safety of the Greenway or its facilities. Causes for Greenway closure or limitations on
Greenway use include, but are not limited to, scheduled public events, fire hazard, dangerous
weather or water conditions, sanitary protection of the watershed, park construction or repairs,
Ordinance No. 1819 (032201)
conservation offishand witdlifc, unsifeorovcrcrowdcd shoreline, ramp, parking or road conditions,
the prevention of damage to the Grecnway oi' any of its facilities or any dangerous, unsafe or
mihealthPul condition.
(c) Unless otherwise posted, Grecnway closure shall occur between the horns of 10:00 p.m.
and 6:00 a.ur. except as follows:
(1) Pedestrians crossing the Grecnway otr a paved section of the path;
(2) Participants or spectators ofan athletic contest or approved public event in Grecnway
areas:
(3) Persons attending a sdreduled event in a Grecnway building designaCed for
community recreation or instruction; or
(~) Government employees during the course of official activities.
(d) The Grecnway Authority shall have the authority to eject from the Grecnway any peisou
acting in violation of the regulations contained iu this Chapter.
8.32.050 Revulations_ Prohibitions.
All regulations of the Grecnway shall apply t~o and be in full force and effect within the Grecnway
area unless otherwise specifically authorized by this Chapter.
(a) Closure: No person shall enter the Grecnway or area which has been closed if notice of
prohibited entry has been posted.
(b) Basic Speed Rule:
(l) A person commits the offense of violating the basic speed rule if the person drives
bicycles, skates or rides a horse upon the Grecnway at a speed greater than is
reasonable and prudent, having due regard to all the following:
A. The traffic.
B. The surface and width of the pathway.
C. The hazard at intersections.
D. Weather.
F;. Visibility.
P'. Any other conditions then exisring.
(2) Iu no case shall a person drive a bicycle, skate or ride a horse in speeds in excess of
fifteen (15) miles per hour, unless otherwise posted.
(c) Obshuction of the Right of Wav: No person, unless specifically authorized. shall:
Ordinance No. 1819 (032201)
(]) Stand, gather with othc~s upon any street, street crossing,. sidewalk, trail or area
within the Greenway in a manner that obstructs free passage oC users oC the
Greenway; or
(2) Place, cause to be placed, or permit to remain on any street, sidewalk, wail or area
within the Greenway anything that obstructs or interferes with such area or interferes
with the normal flow of users of the Greenway.
(d) Vehicles/horses:
(1) No unauthorized person shall operate, park, stand or use any motorized vehicle, or
ride or lead a horse within the Greenway, except in areas provided, maintained or
designated for such purpose.
(2) I-Iorses are permitted only on posted equestrian trails, where located.
(3) The provisions of Subsections (1) and (2) of this Section do not apply to
governmental of5cials or their agents acting within their official capacity.
(e) Animals:
(1) Companion animals are allowed if on a leash no longer than six feet and in strict
control of its keeper.
(2) No person within the Greenway shall allow any pet or animal in his or her custody:
A. to annoy or molest any person: or
I3. to be tied up and left unattended; or
C. except for areas provided, maintained or designated for such purpose, fo deposit
its waste on any street, sidewalk. trail or managed landscape area unless the
person inunediately removes the waste from the area.
(3) No horse or pack animal shall be lied, secured or hobbled in such a manner as to
injure any tree, shrub or Greenway improvement.
(4) No person shall cause or knowingly permit livestock within the Greenway.
(f) Access to Private Lands: No person shall use the Greenway to gain unauthorized
access to private property adjacent or otherwise to the Greenway.
(g) Property Destruction: No unauthorized person shall:
Ordinance No. 1819 (032201)
(1) Pick, cut, mutilate, blaze, paint or remove any Dowers. shrubs; Ioliage, trees or plant
life, or property of any Kind, within the Grccnway area without written pcnnission
therefor fom the Greeuway Authority;
(2) Mutilate, deface, damage, move or remove any Grccnway equipment, inctuding but
not limited to streets, sidewalks, bicycle paths or any part of the public right-oi=way,
tables, benches,huildings, signs, markers, plaques, barriers, lbuntains, faucets, h~affic
recorders or other structures or facilities of any kind ~~~ithin the Grccnway area; or
(3) 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 the Grccnway area, except upon written permission Prom
the Greenwray Authority.
(h) Fires:
(1) Unless specifically authorized, no person shalt build, light or maintain any fire,
portable gas, gasoline or oil stoves or other portable cooking devices, or leave a fire
unattended, throw or deposit any burning substance, or other substance capable of
burning or combustion within the Greeuway.
(2) A person shalt be responsible for damage resulting from fires caused by said person
and for the cost of suppressi~rg such fires.
(i) Offensive littering:
(l) No person shall:
A. Throw, dump, deposit or leave airy trash; refuse, garbage, litter, cigarettes or
tobacco products, or waste material withi^ the Greeuway area, except in
receptacles designated by the Greeuway Authority for that purpose;
B. Bring into the Greeuway area any 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 pond or stream, or
throw, dump or deposit into such waters, or onto the banks thereof. any trash,
refuse, garbage, litter, waste material or oilier polluting product of any kind.
Pollution and waste, for the purpose of this Subsection, are as defined in
OKS 468B.005(3) and (7).
(2) In addition to any fine imposed for violation of any provision of this Section, the
violator is responsible for any and all costs resulting from necessary response, clean
up, or damage caused by the act of offensive littering.
(j) Campi~:
Ordinance No. 1819 (032201)
(I) Unless spcciGcally authorized, no person shall camp or dwell within the Greenway,
or under any bridge or viaduct within the Greenway area.
(2) Violation o[ Subsection (l) ofUlis Section is suhjcct to the rules of notification and
removal of ~xrsons and property set forth in ORS 203.077 and adopted under.iackson
County Code Sections 1078.03 to ] 078.09 which rules are incorporated herein by
reference.
(k) Peddlers and Solicitors: Advertisim~, Sinus:
(1) Unless otherwise specifically permitted by the Greenway Authority, no person shall,
within the Greenway:
A. Operate a concession, either fixed or mobile, or engage iu the business of
soliciting, selling or peddling goods, wares, merchandise, liquids or edibles Cor
human consumption;
B. Advertise in any manner, including but not limited to distributing circulars, or
using fixed or mobile display; or
C. Erect any sign, marker or inscription.
(2) Unauthorized signing or trail marking is prohibited.
(1) Alcoholic Beverages: Possessing or drinking alcoholic beverages within the Greenway
is prohibited.
(m) Firearms, Air Gwis and Other Weapons: No person, other than law enforcement officers
performing their official duties, shall discharge any firearm, air gun. pellet gun, bow and arrow,
slingshot or other projectile propelling device within the Greenway.
(n) Fireworks: No person shall possess or use fireworks or explosives of any type within the
Greenway.
(o) Hwrting: Unless specifically authorized, no person shall, or attempt, to pursue, hunt, trap,
kill or injure any wild bird or animal within, into or out of the Greenway area.
(p) Noise: Loudspeakers, public address systems and amplified musical instruments are
allowed within the Greenway only upon approval from the Greenway Authority.
8.32.060 Severability.
If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions thereof.
Ordinance No. 1819 (032201)
f 8.32 070 Juris~o~l. Ellfor- t
(a) Persons are subject to the jurisdiction of the Greenwa
have been committed within t7iat portion of the Greenwa
of Central Point.
} that lies vi lout ] e boundar eissofthe City
fib) Enforcement of 8~is Chapter may be performed b
enforcement officer designated by the Greenwa Y any law enforcement officer or code
y Authority.
8.32.080 Viol--at?o»S' Penalty,
~a) Unless provided otherwise. violations of any provision of this Chapter shall, upon
conviction, be punished by a fine o~Fnot more than $250.00 per incident.
~ ~ ~Pa~~ssed by the Council and signed by me in authentication of its passaoe this
+-+-a~_, 2001. r~L
b ~ day of
//~ f
/ ~ 1
ATT~ Ma} of
i
,/
City Representative -
flpproved by me this r~
daY of
--1~~'~__, 2001.
1. Mayor ~ ~` ~ Z '~---_-
Ordinance No. 1819 (032201)