HomeMy WebLinkAbout2854 Bear Creek GreenwayORD,NANCE NO. ,lZ5
AN ORDINANCE ESTABLISHING REGULATION OF
ACTIVITIES WITHIN THE BEAR CREEK GREENWAY IN
THE CITY OF ASHLAND.
Recitals:
A. In November 1999, Jackson County adopted Ordinance 99-41 entitled "IN
THE MATTER OF AMENDING CHAPTER 1228 OF THE CODIFIED ORDINANCES
OF JACKSON COUNTY BY ADDING SECTIONS 1228.02 TO 1228.09 PERTAINING
TO THE BEAR CREEK GREENWAY CORRIDOR."
B. ORS 203.040 provides that ordinances adopted by Jackson County do not
apply within a city unless the governing body of that city consents to the application of
the ordinance.
C. In order to implement uniform enforcement by adopting consistent rules and
regulations that apply to the entire Bear Creek corridor, the City Council of the City of
Ashland desires to consent to the application of the Jackson County Greenway
Ordinance within the City of Ashland.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION I. Pursuant to ORS 203.040, the City Council of the City of Ashland
consents to the application of Jackson County Ordinance 99-41 entitled "IN THE
MATTER OF AMENDING CHAPTER 1228 OF THE CODIFIED ORDINANCES OF
JACKSON COUNTY BY ADDING SECTIONS 1228.02 TO 1228.09 PERTAINING TO
THE BEAR CREEK GREENWAY CORRIDOR" within the City of Ashland. Consent,
however, is not given for the application of section 1228.04(f) of Jackson County
Ordinance 99-41 within the City of Ashland. This section relates to the responsibility for
damages within the Greenway and is unnecessary since the first sentence merely
repeats existing law and the second sentence goes beyond state law (ORS 30.765) in
regards to liability of parents for torts of their children. A copy of this ordinance is
attached as Exhibit A and further referred to in this ordinance as the Jackson County
Greenway Ordinance.
SECTION 2. The following Section 10.68.410 is added to Chapter 10.68 of the
Ashland Municipal Code:
SECTION 10.68.410 Greenway Rules and Regulations. The Jackson County
Greenway Ordinance, as described and recorded with the city recorder pursuant to a
City of Ashland ordinance entitled "AN ORDINANCE ESTABLISHING REGULATION
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OF ACTIVITIES WITHIN THE BEAR CREEK GREENWAY IN THE CITY OF
ASHLAND, "Ordinance Number 2000-2854, adopted February 15, 2000, applies within
the City of Ashland. A violation of the Jackson County Greenway Ordinance is a
violation of this chapter and punishable as provided in section 10.68.350. The Jackson
County Greenway Ordinance is set forth in this section for convenience of reference:
JACKSON COUNTY ORDINANCE 99-41 - 1228.02 PURPOSE. These Rules are
promulgated by the Jackson County Board of Commissioners to establish common
enforceable regulation of activities throughout the Bear Creek Greenway Corridor. 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.
JACKSON COUNTY ORDINANCE 99-41 - 1228.03 DEFINITIONS. For the
purposes of Sections 1228.02 to 1228.09, unless the context requires otherwise, the
following definitions apply:
(a) "Camp" means 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 fire, 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 tent, box, lean-to, shack or any other structure,
or any vehicle or part thereof.
(c) "Bear Creek Greenway Corridor (Greenway)" means that publicly-owned 20-
mile corridor of parks, trails, and adjacent land and waters that is located running north
and south and includes sections of Bear Creek between North Mountain Avenue in the
City of Ashland to Seven Oaks Interchange in the City of Central Point. (d) "Bicycle" has the meaning given that term in ORS 801.150.
(e) "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.
(f) "Dwell" means to regularly or intermittently remain for such a period of time at
or Rear 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 the meaning given that term in ORS 166.210.
(h) "Fireworks" has the meaning given that term in ORS 480.110.
(i) Greenway Authority" means a unit of local government, its designees, or its
employees, who have lawful control of regulating use of the Greenway by nature of
jurisdiction, ownership, tenancy, or official position.
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(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
charge of a companion 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 definition 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.
(n) "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.
(o) "Possess" has the meaning given that term in ORS 161.015.
(p) "Premises" includes any real property, facility, structure, shelter or building
whether privately or publicly owned.
(q) "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.
(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
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).
JACKSON COUNTY ORDINANCE 99-41 - 1228.04 INTENDED USES. The
Greenway is intended for multiple use for recreational and non-motorized
transportation activities. None of the provisions of the Bear Creek Greenway
Ordinance 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
OWReFS,
(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 Creenway will be held responsible for ~:~
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~-~,,~,(_,~;,~,,,~
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. (Note: This section 1228.04(0 does not apply within the City of Ashland. See
section I of Ordinance 2000-2854.)
JACKSON COUNTY ORDINANCE 99-41 - 1228.05 AUTHORITY; CLOSURE OF
GREENWAY; USE LIMITATIONS.
(a) The Greenway Authority is hereby authorized to establish and post regulations
governing the use of the Greenway which are not inconsistent with regulations
contained in Jackson County Code Sections 1228.02 to 1228.09 and 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, 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,
conservafion 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 unheaithful condition.
(c) Unless otherwise posted, Greenway closure shall occur between the hours of
10:00 p.m. and 6:00 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.
(d) The Greenway Authority shall have the authority to eject from the Greenway
any person acting in violation of regulations contained in Sections 1228.02 to 1228.09.
JACKSON COUNTY ORDINANCE 99-41 - 1228.06 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 Sections
1228.02 to 1228.09 or by declaration of the Greenway Authority or local unit of
government independent of each other as a representative of each applicable
jurisdictional boundary affected by the Greenway.
(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 drives bicycles, skates or rides a horse upon the Greenway at a
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(c)
shall:
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.
E. Visibility.
F. Any other conditions then existing.
(2) In 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.
Obstruction of the Riclht of Way: No person, unless specifically authorized,
(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, or ride or lead a horse within the Greenway, except in areas
provided, maintained or designated for such purpose.
(2) Horses 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 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:
(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
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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
said 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, are as defined in ORS 468B.005(3) and (7).
(2) In addition to fine imposed pursuant to violation of any provision of this
Section, violator is responsible for any and all costs resulting from
necessary response, clean up, or damage caused by the act of offensive
littering.
(j) Campin.q:
(1) Unless specifically authorized, no person shall camp or dwell within the
Greenway, or under any bridge or viaduct within the Greenway area.
(2) Violation of Subsection (1) of this Section is subject to the rules of
notification and removal of persons and property set forth in ORS
203.077 and adopted under Jackson County Code Sections 1078.03 to
1078.09. Standard penalties as set forth in Section 1228.09 shall not
be imposed for the first violation of this Section.
(k) Peddlers and Solicitors; Advertising; Signs:
(1) Unless otherwise specifically permitted by the Greenway Authority or
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other appropriate local governmental 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.
(I) Alcoholic Beveraqes: 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 instru-
ments are allowed within the Greenway only upon approval from the Greenway
Authority or other appropriate local governmental authority.
JACKSON COUNTY ORDINANCE 99-41 - 1228.07 SEVERABILITY. If any
section, subsection, sentence, clause, phrase or portion of Sections 1228.02 to
1228.09 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.
JACKSON COUNTY ORDINANCE 99-41 - 1228.08 JURISDICTION;
ENFORCEMENT.
(a) Persons are subject to the jurisdiction of that unit of local government in
which the violation has alleged to have been committed.
(b) Enforcement of this code may be performed by any law enforcement officer
whose jurisdictional boundaries include or are adjacent to the Greenway, or by any
enforcement personnel as designated by the Greenway Authority.
JACKSON COUNTY ORDINANCE 99-41 - 1228.09 VIOLATIONS/PENALTY.
(a) Unless provided otherwise, violations of any provision of this ordinance
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shall, upon conviction, be punished by a fine set by that unit of local government in
which the violation has been committed.
(b) Violations committed within the jurisdiction of Jackson County shall, upon
conviction, be punished by a fine of not more than $250.00 per incident.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City ChaSer on the /
and duly PASSED and ADOPTED this /(,,'
Barbara Christensen, City Recorder
,ayof .2ooo.
,ayof .2ooo.
SIGNED and APPROVED this
day of 2z-j){~
,2000.
R,/~/,wed as to form:
Paul Nolte, City Attorney
Catherine M. ShaW, Mayor
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