CITY OF YAMHILL

ORDINANCE NO. O-459

AN ORDINANCE AMENDING TITLE 7, PUBLIC PROTECTION, CHAPTER 7.04, PARK RULES AND REGULATIONS, OF THE YAMHILL MUNICIPAL CODE.

WHEREAS, the Yamhill City Council has considered the idea of amending the park rules and regulations, with regards to sponsored events within the City Park; and

WHEREAS, it is important to the City that the continued use and maintenance of the City Park are handled in a pro-active fashion; and

WHEREAS, in order to allow certain types of sponsored activities to take place in the City Park; NOW THEREFORE;

THE CITY OF YAMHILL ORDAINS AS FOLLOWS:

SECTION 1. Yamhill Municipal Code Chapter 7.04, Park Rules and Regulations, is hereby amended to read as follows:

Chapter 7.04

PARK RULES AND REGULATIONS

Sections:

7.04.010 Definitions

7.04.020 Permit Required

7.04.030 Permits Issued

7.04.040 Establishment of Rules

7.04.050 Alcohol Prohibited

7.04.060 Violations and Penalties

7.04.070 Severability Clause

7.04.010 Definitions. The words "public parks" as used herein shall mean and include all of the properties now or hereafter owned and/or controlled by the city of Yamhill, Oregon, and operated as parks available for the use of the public, including all of that property known as "Beulah Park" deeded to the city of Yamhill by deeds recorded in Volume 93, Page 513, Deed Records of Yamhill County, Oregon, which park lies in part outside the corporate limits of the city of Yamhill. (Ord. O-190, '1, 1954; Ord. O-422, '1(part), 1997)

7.04.020 Permit Required. All persons and/or organizations requesting the use of the structures located within the City Park shall apply for and obtain a Park Use Permit or Special Events Permit, whichever is appropriate, prior to the scheduled usage of the City Park.

No person shall solicit or engage in the sale of merchandise or services or operate any concessions within any public park without an official City Business License, in addition to the Park Usage Permit or Special Events Permit previously obtained. (Ord. O-190, '2(part), 1954)

The fees for the City Business License, Park Usage Permit and Special Events Permit shall be established by the City Council by resolution.

All permit applications shall be on a form provided by the City, and shall be available at City Hall. (Ord. O-190, '2(part), 1954; Ord. O-422, '1(part), 1997)

7.04.030 Permits Issued. A Park Usage Permit shall be issued by the City and a Special Events Permit must receive City Council approval, for the activities identified in Section 7.04.020, of this chapter, prior to the commencement of the activity. (Ord. O-422, '1(part), 1997)

7.04.040 Establishment of Rules. For the conduct of persons using or frequenting the public parks of the city of Yamhill, Oregon, as above defined, the following rules and regulations to be observed and enforced within or near by said public parks are hereby established:

(A) No person shall cut, damage or remove any flower, shrub, or tree without prior obtained permission from the Yamhill City Council.

(B) No person shall deface, injure, damage, mutilate, or molest any building, installation, piece of equipment, or personal property, be it publicly or privately owned, within any public park.

(D) No person shall permit any dog to run at large within any park, and all dogs within the public parks shall be kept in control on a leash at all times.

(E) No person shall ride or drive any horse or other animal or permit any horse or other animal to go upon any portion of the public parks at any time except on roads and regularly provided parking areas in said parks, or to ride or drive any horse or other animal in a reckless manner or permit them to be so ridden or driven within said parks.

(F) No motor vehicle or bicycle shall be operated, stopped or parked or left standing any place in a public park except on roads or parking areas provided therefor, or, be driven in a manner contrary to law.

(G) Parking or loitering in public parks in the nighttime after 10:00 p.m. is prohibited, and all persons shall be excluded from said parks between the hours of 10:00 p.m. and 6:00 a.m., except as may be permitted for special occasions under order of the City Council. A violation of this provision shall constitute a misdemeanor and be punishable as such.

(H) No person shall dump or dispose of any garbage in any public park except in receptacles provided therefor, including stoves and fireplaces.

(I) No person shall scatter or dispose of any bottles, broken glass, tin cans, waste or discarded paper, or litter, or waste material, or rubbish of any kind in or around any part of the public park excepting receptacles provided therefor, including stoves and fireplaces for burnable materials only.

(J) No person shall discharge any firearm, air rifle, slingshot or other such missile, or any bow and arrow, within or across any public park or portion thereof, or discharge any fireworks therein except on special concession previously obtained from the City Council.

(K) No person shall commit any misdemeanor, disorderly act, or unnecessary roughness in or about any public park.

(L) All ordinances of the city of Yamhill shall apply to and be in full force and effect within the public parks owned or controlled by the city of Yamhill even though such parks be wholly or in part outside the corporate limits of said city. (Ord. O-190, '2, 1954; Ord. O-422, '1(part), 1997)

7.04.050 Alcohol Prohibited .

(A) No person shall possess, consume, give away or otherwise dispose of any illegal drugs within or near to any public parks.

(B) No person may possess, keep, sell, give away or otherwise dispose of or consume alcoholic liquor within or near to any public parks, unless such place has been issued a special event permit for that purpose and approved by the City Council. The special event permit will be issued in accordance with section 7.04.020.

7.04.060 Violation--Penalties.

(A) Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.

(B) The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute. (Ord. O-190, '3, 1954; Ord. O-422, '1(part), 1997; Ord. O-445, '21, 1998)

7.04.070 Severability Clause. If any clause, sentence, paragraph, section, or portion of this Chapter for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgement shall not affect, impair, or invalidate the remainder of this Chapter but shall be confined in its operation to the clause, sentence, paragraph, section, or part of this Chapter directly involved in the controversy in which such judgement is rendered. (Ord. O-190, '4, 1954; Ord. O-422, '1(part), 1997)

SECTION 2. This Ordinance hereby amends Yamhill Municipal Code Chapter 7.04, Park Rules and Regulations. All remaining portions of Yamhill Municipal Code, Title 7, Public Protection, are hereby reaffirmed in their entirety.

INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this ----- day of -------- , 2001.

CITY OF YAMHILL, OREGON

FIRST READING: 08/08/01