HomeMy WebLinkAboutOrdinances 2121 ORDINANCE NO. - 2.
AN ORDINANCE AMENDING THE CENTRAL POINT MUNICIPAL CODE TITLE 4 TO ADD
NEW CHAPTERS 4.04 (RULES AND REGULATIONS OF PUBLIC PARKS--DEFINING AND
PUNISHING CERTAIN OFFENSES AGAINST THE PUBLIC GENERAL WELFARE); 4.06
(BEAR CREEK GREENWAY); 4.08 (SKATE PARK GUIDELINES RULES); AND 4.10 (PARK
VIOLATION — EXPULSION REMEDY) AND REPEALING CHAPTERS 9.68 (RULES AND
REGULATIONS OF PUBLIC PARKS--DEFINING AND PUNISHING CERTAIN OFFENSES
AGAINST THE PUBLIC GENERAL WELFARE); 8.69 (BEAR CREEK GREENWAY); AND
8.36 (SKATE PARK GUIDELINES AND RULES)
Recitals:
A. Pursuant to CPMC 1.01.040, the City Council, may from time to time revise its
municipal code which shall become part of the overall document and citation.
B. For consistency and consolidation of various provisions regarding City Parks, the City
finds it in the public interest to consolidate parks ordinances and regulations in a single
chapter.
C. Cigarette and e-cigarette waste can pollute soil and waterways. Studies have also
shown that cigarette and e-cigarette waste is harmful to wildlife.
D. Fires can result when people leave campfires unattended, negligently discard
cigarettes, or commit intentional acts of arson.
E. Cigarette butts are the most frequently littered item. They do not bio-degrade and are
costly for municipalities and property owners to clean-up.
F. People who use smokeless tobacco spit everywhere, making the area unclean and
contaminated, posing a severe threat to the ecosystem
G. The city has experienced an increase in repeat offenders in city parks. Council finds it
is in the public interest to establish a clear process for temporary ejection or exclusions
from parks as an effective tool to immediately respond to more serious repetitive
violations.
H. In accordance with CPMC 2.18.020, the City of Central Point Parks Commission
considered the proposed amendments at their meeting on .1 L , 2024 and
recommended the City Council approve the amendments with minor adjustments
incorporated herein.
I. Words lined through are to be deleted and words in bold are added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.68, Rules and Regulations of Public Parks--Defining and Punishing
Certain Offenses against the Public General Welfare, is hereby repealed in its entirety.
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SECTION 2. Chapter 8.69, Bear Creek Greenway, is hereby repealed in its entirety.
SECTION 3. Chapter 8.36, Skate Park Guidelines and Rules, is hereby repealed in its entirety.
SECTION 4. CPMC Title 4 is hereby amended to add Chapter 4.04, Rules and Regulations of
Public Parks--Defining and Punishing Certain Offenses against the Public General Welfare, as
set forth below:
Chapter 4.04
RULES AND REGULATIONS OF PUBLIC PARKS--DEFINING AND PUNISHING CERTAIN
OFFENSES AGAINST THE PUBLIC GENERAL WELFARE
Sections:
4.04.000 Purpose.
4.04.010 Definitions.
4.04.020 Child supervision.
4.04.030 Fires.
4.04.050 Games and other prohibited activities.
4.04.060 Animals.
4.04.070 Plants--Structures.
4.04.080 Soil--Rock.
4.04.090 Signs.
4.04.100 Hours of operation.
4.04.110 Authority to regulate occupancy and park closure.
4.04.120 Criminal trespass on city property.
4.04.130 Soliciting.
4.04.140 Reservation system.
4.04.150 Vehicles--Parking.
4.04.160 Speed regulations.
4.04.170 Dogs in parks.
4.04.180 Depositing litter, rubbish, garbage or trash.
4.04.190 Water pollution.
4.04.210 Alcohol.
4.04.220 Public nudity.
4.04.230 Smoking in park facilities.
4.04.240 Penalty.
4.04.000 Purpose.
The city council has determined that it is necessary to adopt regulations in order to
ensure the efficient operation, protection and maintenance of city parks and to protect
the health, safety, and welfare of the people of the city and this chapter shall be liberally
construed to effectuate this purpose.
4.04.010 Definitions.
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"Park or City Parks" means all parks and facilities managed by the parks and recreation
department of the city of Central Point, including, but not limited to the Twin Creeks,
Bear Creek Greenway and the Skate Park.
"Reservation" means, subject to park department rules and regulations for park use, a
reservation for use of a park shelter area or athletic field pursuant to CPMC 4.04.140.
"Special event permit" means a special event permit issued under CPMC 5.42.
4.04.020 Child Supervision.
Children under the age of ten years are not allowed to come upon, use or play in the
city's parks without adequate supervision by a responsible older person.
4.04.030 Fires.
A. No person shall build, light or maintain any fire within a city park, as provided in
CPMC 7.01.040(B)(4) and CPMC 4.06.050.H, except within bar-b-que or fire pits or similar
receptacles provided by the City for this purpose in a City park, or unless authorized as
part of a special event permit under CPMC Chapter 5.42.
B. No person shall leave a fire unattended while in a city park, and no person shall leave
a city park before completely extinguishing any fire built, lighted or maintained by
himself in any such park.
C. Any person using a City bar-b-que or fire pit, or other cooking device pursuant to a
Special Event Permit under CPMC Chapter 5.42, must take reasonable precautions to
ensure the fire is contained within the designated receptacle, take immediate action to
carry out any fire control, and report a fire if it does escape.
4.04.050 Games and Other Prohibited Activities.
No person shall participate or assist others in the playing of any game or activity wherein
any object such as a stone, arrow, javelin, model aircraft, model rocket, golf ball, or any
other sharp or hard object or projectile is thrown or otherwise propelled except in areas
specifically designated and posted for that use (in accordance with Section 8.06.010,
Restrictions on flying model aircraft.) (Ord. 1899 §1(part), 2007).
4.04.060 Animals.
No person shall in any manner pursue, kill, injure, hunt or molest any bird or animal
within any city park except for the control of predatory animals as may be ordered by the
city council.
4.04.070 Plants--Structures.
No person shall pick, mutilate, dig or remove from a park any plant or plants or in any
way deface or mutilate, burn, destroy, defile or remove any railing, building, seat, fence,
park facility, other structure or tree within a city park or remove from the park any logs or
wood.
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4.04.080 Soil--Rock.
No person shall dig up or remove any soil, rock, stones or other substance whatever,
make any excavation, quarry any stone, or lay or set off any blast, or cause or assist in
doing any of said things within the limits of a city park without written approval from the
parks and recreation department.
4.04.090 Signs.
No person shall erect signs, markers, or inscriptions of any type within the limits of a city
park without written approval of the parks and recreation department.
4.04.100 Hours of operation.
A. All parks owned and/or operated by the city of Central Point or to be hereafter owned
by the city shall be closed from ten p.m. one day to six a.m. the following day, with
exceptions noted in subsection (B) of this section.
B. Exceptions. The park hours prohibitions listed above shall not apply to persons:
1. Attending events sponsored by the city parks and recreation department or
events and activities conducted pursuant to a valid special event permit.
4.04.110 Authority to Regulate Occupancy and Park Closure.
A. The parks and recreation department may establish and post maximum occupancies
for any park area or facility. Patrons shall not enter into or remain in an area or facility for
which an occupancy limit has been established when such action will have the effect of
exceeding the established occupancy limits.
B. Police officers of the Central Point police department are authorized to close all or
portions of the city parks or city properties prior to or in lieu of any regular closure. The
Central Point police department shall attempt to notify occupants of the closed area of
the closure. This section shall not be construed to modify the unlawful entering or
remaining in a building which is subject to state laws regarding burglary and criminal
trespass.
4.04.120 Criminal Trespass on City Property.
A person commits the crime of criminal trespass on city property if the person enters or
remains unlawfully in city parks or on other city properties:
A. After regular closure of the park or property, or after having knowledge of the closure
provided in Section 4.04.110; or
B. While under the influence of intoxicants, as that condition is defined by the motor
vehicle laws of the state of Oregon, after being advised to leave the park or property by a
police officer of the Central Point police department; or
C. While continuing to operate any sound amplification system which is plainly audible
from fifty or more feet (unless that system is being operated to request assistance or
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warn of a hazardous situation), after being advised to cease said operation by a police
officer of the Central Point police department.
4.04.130 Soliciting.
No person, while in a city park, may operate a concession, either fixed or mobile, or
engage in the business of soliciting, selling or peddling any liquids or edibles for human
consumption, or hawk, peddle or vend any goods, wares or merchandise, unless
approved as a special event permit under Chapter 5.42, as an approved seasonal vendor
at Don Jones Park, or as otherwise approved in writing by the city.
4.04.140 Reservation System.
A. The use of the city parks shelter areas, athletic fields, and athletic courts may be
reserved for private functions by individuals or groups. The city shall adopt policies
establishing the reservation policy and individuals or groups may apply to reserve such
shelter areas, athletic fields, or athletic courts pursuant to said policy.
B. A nonrefundable fee will be established by resolution of the city council and will be
charged for reservation of a shelter, athletic field, or athletic court for private use. The fee
may be waived by the city manager or his or her designee for public use.
C. It shall be unlawful for anyone to interfere with or prohibit the use of a park shelter,
athletic field, or athletic court by the reserved party.
D. Dunk tanks, party ponies, petting zoos, or other similar structures or activities that
increase liability to the city as solely determined by the parks and recreation department
are prohibited in all parks. Jump/bounce houses may only be permitted as part of a city-
sponsored event, in which the city hosts or co-hosts the event.
4.04.150 Vehicles--Parking.
A. No automobiles, trailers or other vehicles shall be driven or parked in any areas other
than those provided, maintained or designated for such purposes.
B. No bicycles, motorcycles or other vehicles may be driven or parked upon a tennis
court, basketball court, or pickle ball court.
C. No automobiles, trailers, recreational vehicles or other vehicles of any kind may be
parked in a city park during hours in which the park is closed to the public.
4.04.160 Speed Regulations.
No person shall drive a vehicle within a city park at a speed greater than is reasonable
and prudent having due regard for traffic, surface and strength of roadways, hazards at
intersections and other conditions then existing. In no case shall a person operate a
vehicle in speeds in excess of fifteen miles per hour, unless otherwise posted.
4.04.170 Dogs in Parks.
Dogs shall be allowed in parks on leash only (not to exceed six feet in length) with the
exception of designated dog parks. Any excrement created by an animal shall be
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immediately removed by the owner. Some areas in parks may be designated to prohibit
dogs and will be posted accordingly. Dogs are prohibited from memorials, playgrounds,
athletic courts, and spray parks.
4.04.180 Depositing Litter, Rubbish, Garbage or Trash.
A. No person shall leave any bottles, cans, ashes, waste paper, rubbish or garbage in a
city park except in receptacles designated for that purpose.
B. It shall be unlawful for any person to haul household garbage, rubbish, or trash to the
city park and deposit the same in the park or on public property.
4.04.190 Water Pollution.
No person shall wash any clothing or other material, or clean any fish in a lake or stream,
nor in any way pollute any stream or lake in a city park. (Ord. 1899 §1(part), 2007).
4.04.210 Alcohol.
The possession and use of alcohol is prohibited in all public parks. Special Event
Permits pursuant to Chapter 5.42 may be issued for special events involving alcohol
when the applicant possesses a liquor license for special events issued by the Liquor
Control Commission and otherwise meets the requirements for a special event permit.
4.04.220 Public Nudity.
It is unlawful for any person regardless of age to expose his or her genitals while in a
public park. This includes use of water features in parks and is specifically implemented
for the purposes of ensuring a hygienic environment for all patrons.
4.04.230 Smoking in Park Facilities.
A. Definitions. For the purposes of this section, and unless the context requires, the
subject terms are defined as follows:
1. Tobacco-Free. Means that inhaling, exhaling, burning, or carrying any lighted,
heated, or activated tobacco, nicotine, electronic smoking device, hookah,
cannabis, or plant product, whether natural or synthetic, intended for inhalation,
chewing, smoking in a pipe, absorbing, ingesting or by any other means is
prohibited.
2. Parks and Park Facilities. All Parks and recreation department managed
properties including but not limited to, playgrounds, athletic fields, athletic courts,
walking/hiking/biking trails, maintenance support facilities, restrooms, spectator
and concession areas, adjacent pedestrian right-of-way, sidewalks, parking lots and
vehicles on the property.
B. All parks and park facilities managed and maintained by the parks and recreation
department of the city of Central Point are tobacco free (Ord. 2103 § 3 (Exh. C), 2023; Ord.
1990 §1, 2014; Ord. 1958 §3, 2012).
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C. Tobacco product does not include drugs, devices, or combination products
authorized for sale by the U.S. Food and Drug Administration, as those terms are defined
in the Federal Food, Drug, and Cosmetic Act. Products approved by the U.S FDA are
okay to use, such as Nicotine Replacement Therapies.
D. Smoking does not include the use of traditional, sacred tobacco as part of an
Indigenous practice or a lawfully recognized religious, spiritual, or cultural ceremony or
practice. Approval from city administration must be requested and received prior to the
ceremony.
E. Appropriate signs to communicate the tobacco-free park policy shall be posted clearly
and prominently at a height, and location easily seen by park visitors in all parks. For
example, posted signs shall display words, "This is a tobacco-free park. This includes
tobacco products, e-cigarettes, vapor and cannabis."
F. In addition to the remedies set forth in Chapter 4.04.240 below, any person found
violating this policy will receive a verbal warning to stop such use immediately. If the
smoking or tobacco use continues, the person may be immediately ejected from the
park.
4.04.240 Penalty.
A. Violation of this chapter shall be punishable under the general penalty, Chapter 1.16.
B. Any person who violates any of the provisions of this chapter may be ejected or
excluded from the park per the provisions of Chapter 4.10.
SECTION 5. Title 4 is hereby amended to add Chapter 4.06, Bear Creek Greenway, as set forth
below:
Chapter 4.06
BEAR CREEK GREENWAY
Sections:
4.06.010 Purpose.
4.06.020 Definitions.
4.06.030 Intended uses.
4.06.040 Authority--Closure of greenway--Use limitations.
4.06.050 Regulations--Prohibitions.
4.06.060 Severability.
4.06.070 Jurisdiction--Enforcement.
4.06.080 Violations--Penalty.
4.06.010 Purpose.
This chapter establishes the enforceable regulation of activities throughout that portion
of the Bear Creek Greenway corridor which lies within the jurisdiction of the city of
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Central Point. The provisions of this chapter, unless agreed otherwise, are not intended
to preempt any other local government law, ordinance, rule, or regulation, or any
property transaction, easement, covenants or similar agreement between any local
government and those adjacent landowners with whom those agreements were made.
(Ord. 1819 §1(part), 2001).
4.06.020 Definitions.
For the purposes of this chapter, unless the context requires otherwise, the following
definitions apply:
"Bear Creek Greenway corridor (greenway)" means that publicly-owned 22-mile corridor
of parks, trails, and adjacent land and waters that is located running north and south and
includes sections of Bear Creek between the Table Rock Road Overpass in the city of
Central Point and the Seven Oaks Interchange north of the city of Central Point.
"Bicycle" has the meaning given that term in ORS 801.150 and includes electric assisted
bikes (e-bikes) as defined in ORS 801.258.
To "Camp" has that meaning provided in Section 7.01.020.
"Campsite" has that meaning provided in Section 7.01.020.
"Camping materials" has that meaning provided in Section 7.01.020.
"Destructive device" means any device with an explosive, incendiary or poison gas
component, including but not limited to a bomb, grenade, rocket having a propellant
charge of more than four ounces, missile having an explosive or incendiary charge of
more 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 be readily assembled.
"Firearm" has the meaning given that term in ORS 166.210.
"Fireworks" has the meaning given that term in ORS 480.111.
"Greenway authority" means the city of Central Point, its designees, or its employees,
who have lawful control of regulating use of the greenway by nature of jurisdiction,
ownership, tenancy, or official position.
"Horse," in addition to its ordinary meaning includes mules, donkeys and other rideable
animals.
"Keeper" means a person who owns, possesses, controls or otherwise has charge of a
companion animal, as that term is defined in ORS 164.055(2)(a).
"Livestock" means equine, cattle, sheep, goats, llamas, alpacas and swine.
"Occupy" or "occupancy" means the purpose for which a premises or structure, or parts
thereof, is used or intended to be used. The definition of "occupy" is not limited to
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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.
"Open to the public" means premises that, by their physical 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.
"Possess" has the meaning given that term in ORS 161.015.
"Premises" includes any real property, facility, structure, shelter or building whether
privately or publicly owned.
"Scooters/skateboards" includes non-motorized and motorized scooters, skateboards,
Segways, and e-boards as defined in ORS 801.259.
"Skate" or "skating" means roller skating, skate boarding or roller blading, or otherwise
the use or application of a similar contrivance propelled exclusively by human power
and/or by use of electric or battery powered motors or similar propulsion device.
"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 pick,
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 term in ORS 161.015(2). (Ord. 1819 §1(part), 2001).
4.06.030 Intended Uses.
The greenway is intended for multiple use for recreational activities. None of the
provisions of this chapter 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. Recreational use of bicycles, skateboards, scooters, or similar
devices are permitted provided they do not exceed a 15-mph speed limit.
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 users 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 and in strict
control of its keeper. Keeper shall remove the animal's waste.
E. All users are expected to observe and obey all 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
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under the age of eighteen years old, whether or not the parent or guardian is present.
(Ord. 1819 §1(part), 2001).
4.06.040 Authority--Closure of Greenway--Use Limitations.
A. The greenway authority is 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 authorized to close to public use the greenway corridor or
any portion thereof, restrict the times when the same shall be open to such use and limit
or prohibit any 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, conservation of fish and wildlife, unsafe or
overcrowded shoreline, ramp, parking or road conditions, the prevention of damage to
the greenway or any of its facilities or any dangerous, unsafe or unhealthful condition.
C. Unless otherwise posted, greenway closure shall occur between the hours of ten p.m.
and six a.m. except as follows:
1. Pedestrians crossing the greenway on a paved section of the path;
2. Participants or spectators of an athletic contest or approved public event in
greenway areas;
3. Persons attending a scheduled event in a greenway building designated for
community recreation or instruction; or
4. Government employees during the course of official activities.
4.06.050 Regulations--Prohibitions.
All regulations of the greenway shall apply to and be in full force and effect within the
greenway area unless otherwise specifically authorized by this chapter.
A. Closure. No person shall enter the greenway or area which has been closed if notice
of prohibited entry has been posted.
B. Basic Speed Rule.
1. A person commits the offense of violating the basic speed rule if the person
bicycles, skates or rides a horse upon the greenway 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;
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e. Visibility;
f. Any other conditions then existing.
2. In no case shall a person ride a bicycle, skate or ride a horse in speeds in excess
of fifteen miles per hour, unless otherwise posted.
C. Obstruction of the Right-of-Way. No person, unless specifically authorized, shall:
1. Stand, gather with others upon any street, street crossing, sidewalk, trail or area
within the greenway in a manner that obstructs free passage of users of the
greenway; or
2. Place, cause to be placed, or permit to remain on any street, sidewalk, trail 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,
motorcycle, motor truck or motor home as those terms are defined in ORS Ch.
801, except in areas provided, maintained or designated for such purpose.
2. Horses, regardless of whether they are ridden or led, are permitted only on
posted equestrian trails, where located.
3. The provisions of subsections (D)(1) and (2) of this section do not apply to
governmental officials 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
b. To be tied up and left unattended; or
c. Except for areas provided, maintained or designated for such purpose, to
deposit its waste on any street, sidewalk, trail or managed landscape area unless
the person immediately removes the waste from the area.
3. No horse or pack animal shall be tied, 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:
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1. Pick, cut, mutilate, blaze, paint or remove any flowers, shrubs, foliage, trees or
plant life, or property of any kind, within the greenway area without written
permission therefor from the greenway authority;
2. Mutilate, deface, damage, move or remove any greenway equipment, including but
not limited to streets, sidewalks, bicycle paths or any part of the public right-of-
way, tables, benches, buildings, signs, markers, plaques, barriers, fountains,
faucets, traffic recorders or other structures or facilities of any kind within the
greenway 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 greenway area, except upon written
permission from the greenway authority.
H. Fires.
1. Unless specifically authorized, no person shall 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 greenway.
2. A person shall be responsible for damage resulting from fires caused by such
person and for the cost of suppressing such fires.
I. Offensive Littering.
1. No person shall:
a. Throw, dump, deposit or leave any trash, refuse, garbage, litter, cigarettes or
tobacco products, or waste material within the greenway area, except in
receptacles designated by the greenway authority for that purpose;
b. Bring into the greenway 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 other polluting product of any kind.
Pollution and waste, for the purpose of this subsection I, are as defined in
ORS 468B.005(5) and (9).
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. Campsites Prohibited.
1. As provided in CPMC Chapter 7.01.030, it is unlawful to sleep or store Camping
Materials or similar Personal Property, as defined in Chapter 7.01, for any period
of time in the greenway, unless authorized by law or by declaration of the City
Manager.
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2. Violation of subsection (J)(1) of this section shall be subject to enforcement as
provided in CPMC 7.01.050.
K. Peddlers and Solicitors--Advertising--Signs.
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 in the business of
soliciting, selling or peddling goods, wares, merchandise, liquids or edibles for
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.
L. Alcoholic Beverages. Possessing or drinking alcoholic beverages within the greenway
is prohibited.
M. Firearms, Air Guns 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. Hunting. 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 as part of a
special event permit under CPMC 5.42.
4.06.060 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.
4.06.070 Jurisdiction--Enforcement.
A. Persons are subject to the jurisdiction of the greenway authority for violations alleged
to have been committed within that portion of the greenway that lies within the
boundaries of the city of Central Point.
B. Enforcement of this chapter may be performed by any law enforcement officer or code
enforcement officer designated by the greenway authority.
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4.06.080 Violations--Penalty.
A. Violation of this chapter shall be punishable under the general penalty, Chapter 1.16.
B. Any person who violates any of the provisions of this chapter may be ejected or
excluded from the greenway per the provisions of Chapter 4.10.
SECTION 6. Title 4 is hereby amended to add Chapter 4.08, Skate Park Guidelines and Rules,
as set forth below:
Chapter 4.08
SKATE PARK GUIDELINES AND RULES
Sections:
4.08.010 General Guidelines and Policies.
4.08.020 Prohibited Acts/Regulations.
4.08.030 Penalties.
4.08.010 General Guidelines and Policies.
In addition to the rules generally applicable to city parks under CPMC 4.04, the following
rules and guidelines apply to the use of the skate park:
A. This is an unsupervised park. All users of the skate park are deemed to use the park at
their own risk. Inspect the surfaces before riding. Remove all trash, debris and objects
that may prevent a smooth, safe ride. The City does not assume any responsibility for
loss or injuries.
B. Users should refrain from using the park when the concrete skating/riding surfaces
are either wet and slippery or damaged. Users observing damage should promptly notify
city parks department at 664-3321 extension 265.
C. For the safety of park users, the city reserves the right to temporarily exclude users at
such times as the city determines the park to be at full capacity.
D. The city reserves the right to subject the park to video surveillance at any or all times.
E. All organized events or formal contests must receive prior written approval from the
city parks and recreation director or designee.
F. The city reserves the right to close the park in the event of violation of park rules or for
any other circumstances deemed necessary including inclement weather.
4.08.020 Prohibited Acts/Regulations.
A. A safety helmet must be worn at all times by any person that is on the concrete
skating/riding surface of the park. A "safety helmet" as used in this chapter means, at a
minimum, a helmet carrying a sticker indicating that the helmet meets the standards
established by the United States Consumer Product Safety Commission (CPSC). Higher
14 — Ordinance No. 1._\2\ , (Council Meeting !/2_S/25)
levels of safety certification such as the American Society for Testing and Materials
(ASTM) or Snell Certification are also permitted.
B. No person shall enter or be inside the concrete skating/riding surface of the park,
unless such person is wearing a safety helmet.
C. No person shall use the concrete skating/riding surface area of the park with any type
of motorized vehicle or device. Skateboards, nonmotorized scooters (like razor
scooters), BMX bikes, and inline skates are permissible as long as the individual is
wearing a safety helmet and abiding by the rules of the park.
D. No person shall modify or attempt to modify any element, surface or area within the
park.
E. All spectators must stand, sit or observe outside the concrete skating/riding surface of
the park.
F. Spectators and park users are prohibited from standing, trampling or injuring in any
way the shrubs, trees and bedding plants that are around the park.
G. No person shall use the Skate Park in a manner which is unsafe, physically
intimidating, which places others at risk of physical harm, or which interferes
unreasonably with the safe and enjoyable use of others.
H. Profanity is prohibited.
I. Trash containers will be furnished and must be used for disposal of waste. Littering is
prohibited.
J. No person shall bring into the park or possess within the park any glass containers.
K. No person shall bring into or possess within the park any alcohol or controlled
substances.
L. Use of tobacco products, marijuana or other inhaling device is prohibited as provided
in CPMC 4.04.230.
M. The city reserves the right to limit the number of persons allowed inside the concrete
skating/riding surface of the park at any given time.
4.08.030 Penalties.
A. Violation of this chapter shall be punishable under the general penalty, Chapter 1.16.
B. Any person who violates any of the provisions of this chapter may be ejected or
excluded from the park per the provisions of Chapter 4.10.
SECTION 7. Title 4 is hereby amended to add Chapter 4.10, Park Violation — Ejection or
Exclusion Remedy, as set forth below:
Chapter 4.10
15 — Ordinance No. 2._121 ; (Council Meetingl /2 J25)
PARK VIOLATION — EJECTION OR EXCLUSION REMEDY
4.10.010 Definitions
4.10.020 Ejection
4.10.030 Oral Warning
4.10.040 Exclusion
4.10.050 Knowingly Remaining in Park after Exclusion
4.10.060 Park Exclusion Process; Appeal
4.10.070 Penalty
4.10.010 Definitions.
For the purposes of this Chapter, the following definitions apply:
1. Disruptive Activity. Disruptive Activity is behavior, conduct or activity that obstructs,
disrupts or interferes with the operation or business being conducted by the City, or
authorized users, or other permitted activities at a Park.
2. Ejection. An ejection is an order given by an authorized park officer directing a person
to immediately leave a park and not to return for the remainder of the day.
3. Exclusion. An exclusion is an order made by an authorized park officer prohibiting a
person from entering or remaining at a park for a specified period of time.
4. Park Officer. Any peace officer, park official, or city code compliance officer.
5. Park Violation. Park Violation is behavior, conduct or activity at a park that would
constitute a violation of:
a. Federal, state or local law.
b. Provisions of the code applicable to parks, including but not limited to Chapters
4.04, 4.06 and 4.08.
c. Any rule or regulation applicable to parks.
4.10.020 Ejection.
A. In addition to other remedies provided for violation of CPMC Chapters 4.04, 4.06 and
4.08, or any other provision of the municipal code, or of any of the laws of the State of
Oregon, any park officer may issue an ejection to a person who engages in a disruptive
activity or a park violation and direct that person to immediately leave the park for the
remainder of the day. Nothing in this section shall be construed to authorize the ejection
or exclusion of any person lawfully exercising free speech rights or other rights protected
by the state or federal constitutions.
4.10.030. Oral Warning.
16 — Ordinance No. 2121 ; (Council Meeting L /z3/25)
1. A park officer shall attempt to give a person who may be subject to an ejection or
exclusion under this Chapter an oral warning and a reasonable opportunity to stop
engaging in the disruptive activity or park violation; provided, however, failure to give an
actual oral warning does not nullify the effectiveness or enforceability of an ejection or
exclusion.
2. A park officer is not required to attempt to give an oral warning before issuing an
ejection or exclusion where the behavior, conduct or activity constitutes one or more of
the following:
a. A felony, misdemeanor, or motor vehicle offense.
b. A violation of Chapter 7.01, which shall be governed by the rules set forth in that
Chapter.
c. Dangerous or threatening behavior. Behavior is dangerous or threatening if a
reasonable person, exposed to or experiencing such behavior could believe that the
person would be in imminent danger of physical harm. Actual bodily injury to a person is
not required. The belief of a person engaging in self-harming behavior is not deemed
reasonable.
4.10.040. Exclusion.
A. Except as provided in subsections B through D below, the length of exclusion from a
park shall be for 30 days, unless:
1. The person to be excluded has also been excluded previously from any park for any
reason within three years before the date of the present exclusion, then the exclusion shall
be for 90 days.
2. The person to be excluded has also been excluded previously from any parks for any
reason on two or more occasions within 3 years before the date of the present exclusion,
then the exclusion shall be for 180 days.
B. The length of exclusion shall be 60 days if the disruptive activity or park violation giving
rise to the present exclusion:
1. Constitutes child abuse under ORS Chapter 419B, elder abuse under Chapter ORS 124,
or abuse of adults with mental illness or development disabilities under ORS Chapter 430,
that may trigger mandatory reporting by a park officer or a "public or private official" under
the mandatory reporting statutes;
2. Constitutes any offenses against persons under ORS Chapter 163;
3. Constitutes intimidation under ORS 166.155 or ORS 166.165; or
4. Results in property damage to a park of$1,000 or more.
17 — Ordinance No. Z\2\ ; (Council Meetings_/>>/25)
C. The length of exclusion shall be 120 days if the person to be excluded for a reason
described in Subsection B has also been issued an exclusion for any reason previously
from any park within 3 years before the date of the present exclusion.
D. The length of exclusion shall be 270 days if the person to be excluded for a reason
described in Subsection B has also been excluded from any parks for any reason on two
or more occasions within 3 years before the date of the present exclusion.
E. Location of Exclusion.
Except as otherwise provided in this subsection, the place of exclusion shall be the Park
where the disruptive activity or park violation occurred. Where the behavior giving rise to
the exclusion is a violation under subsection B.1 or B.2, the place of exclusion maybe one
or more parks.
4.10.050. Knowingly Remaining in Park after Exclusion.
No person shall knowingly enter or remain in any park at any time in violation of a park
exclusion order as issued and served upon the person in accordance to the provisions of
this section.
4.10.060. Park Exclusion Process; Appeal.
A. Written notice shall be given to any person excluded from any city park(s). Such notice
shall specify the dates and places of exclusion, a brief description of the disruptive activity
or park violation resulting in the exclusion notice, and information on right to appeal. It
shall be signed by the issuing party; warning of consequences for failure to comply shall
be prominently displayed on the notice. Such written notice shall be delivered in person,
or by certified mail along with an additional copy by first class mail to the last known
mailing address of said individual.
B. A person issued such notice may appeal in accordance with CPMC 1.04.060 to have
the written notice rescinded or the period shortened. The appeal notice shall specify the
relief sought and the reason for said relief. Pending the date of the appeal hearing, the
exclusion shall be temporarily stayed.
C. The Council shall uphold the exclusion if, upon de novo review, the preponderance of
the evidence convinces the Council that, more likely than not, the person in fact committed
the crime or violation, and that the exclusion is otherwise appropriate as to purpose and
length of exclusion.
4.10.070. Penalty.
In addition to the ejection/exclusion remedies in this Chapter:
A. Violation of this chapter shall be punishable under the general penalty, Chapter 1.16.
18 — Ordinance No. LI-L l ; (Council Meeting i/2=/25)
r
B. Any violation of 4.10.050 of this Chapter is deemed a Criminal Trespass II, a Class C
misdemeanor.
SECTION 8. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Recitals A-C) need not be codified
and the City Recorder is authorized to correct any cross-references and any typographical errors.
SECTION 9. Effective Date. The Central Point City Charter states that an ordinance enacted by
the Council shall take effect on the thirtieth day after its enactment. The effective date of this
ordinance will be the thirtieth day after the second reading.
PASSED by the Council and signed by me in au ntication of its passage this Zia day
of _ \cvN.k, ct_A.L A 2025.
or Taneea . B owning
ATTEST:
City Recorder
19 — Ordinance No. `Z12.1 ; (Council Meeting I/2 3/25)