General Use of District Property, to Include Park Facilities and Recreational Areas
ARTICLE 1. PREAMBLE
1.1 The Bend Park and Recreation District (“District”) is a Special District of Oregon authorized to provide park and recreation services by ORS 266.410. The District Board of Directors, in accordance with ORS 266.410(7)(b), has adopted the following rules and regulations to ensure that Bend’s park and recreation system remains beautiful, inviting, and safe for the community and our visitors. We ask for your cooperation to ensure the integrity of the park system remains intact. If you have specific questions, please call Park Services at (541) 388-5435.
1.2 Unless otherwise authorized by the Executive Director or a Designee, the following rules and regulations govern the conduct of the users of the parks, trails, natural areas, and recreation facilities located on District property within the City of Bend and Deschutes County. In addition to these rules, the Executive Director is authorized to establish rules and regulations applicable to specific District properties or facilities in any manner that provides for the productive, sustainable, and safe operation and use of District resources.
1.3 The term “Executive Director” means the District’s Executive Director who has been appointed and designated by the Board of Directors as the registered agent of the District. The term “Designee” means those persons designated by the Executive Director from time to time to monitor and enforce the District’s rules and regulations and include, but are not limited to: department directors, park stewards, facility managers, life guards, program staff, and contract security officers. “Parks”, “facilities”, “recreation areas” and “programs” means and refers to all property or programs owned or controlled by the District and operated for the public’s recreational use.
ARTICLE 2. CONDUCT ON DISTRICT PROPERTY
2.1 No person shall disturb or otherwise endanger the comfort, health, peace, or safety of others.
2.2 No person shall violate any city, county, state, or federal laws, ordinances, or regulations while on District property. Criminal activity on District property will be reported to the Bend Police Department or Deschutes County Sheriff’s Department.
2.3 No person shall damage, remove, tamper with, modify, or deface District property, including vegetation, dirt, and rocks.
2.4 Open fires and charcoal barbeques are prohibited. Portable propane camp stoves and gas barbeques are permitted to the extent that they are operated in a safe manner.
2.5 No person shall litter on District property. Garbage and refuse shall not be brought to District property for disposal. Persons may not deposit or abandon any garbage, refuse, trash, waste, or other materials except in receptacles specifically provided for such purposes.
2.6 No person shall camp or sleep overnight on District property. To “camp” means to set up or to remain in or at a campsite. “Campsite” means a 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, lean-to, shack, or any other structure, or any vehicle or part thereof.
2.7 No person shall create a noise, within District property, by use of a sound-amplifying device or otherwise, that is unnecessarily loud at a distance of 50 feet from the source except as authorized by the Executive Director or a Designee. A noise is “unnecessarily loud” if it interferes with normal spoken communication or could reasonably disturb sleep.
2.8 No person shall possess or consume alcoholic beverages on District property except as authorized by the Executive Director or a Designee.
2.9 Glass containers are prohibited on District property.
2.10 Smoking, vaping, and the use of tobacco or marijuana in any form is prohibited on District property, whether or not in a vehicle.
2.11 The following rules and regulations apply to the use of restrooms, changing areas and locker facilities:
- No person over the age of six years shall enter a restroom, washroom, or locker facility designated for the opposite gender. However, those who need assistance and are accompanied by a parent, legal guardian, or caregiver may enter the restroom, washroom, or locker facility that aligns with the gender of the parent, legal guardian, or caregiver.
- No person shall use a cell phone, camera, recording device, or other photographic equipment inside a restroom facility, dressing room, or changing area.
- No person shall urinate or defecate on District property except in restroom toilets or portable toilets provided for that purpose.
2.12 The following rules and regulations apply to bodies of water located within District property:
- No person shall anchor in those portions of the Deschutes River located within District property.
- No person shall bathe (unless in designated showers), wash clothing or other materials, or clean fish in streams, ponds, pools, or restrooms.
- No person shall jump, dive, or otherwise launch oneself or any other person or object off any bridge into a river, canal, pond, or any other body of water.
- Dogs are not permitted in ponds on District property except as authorized by the Executive Director or a Designee.
- In addition to these rules, all persons shall obey rules posted at particular bodies of water.
2.13 The following rules and regulations apply to displays in parks and facilities:
- No person shall display sexually explicit material, as defined by Oregon law, in view of minors.
- No person or group engaging in an authorized event shall display sexually explicit artwork or similar displays or performances that may interfere with other patrons’ enjoyment of District facilities.
- Artwork, displays, or performances shall be located so as to minimize disturbance to those wishing to avoid such displays or performances, minimize congestion, and promote the flow of foot traffic through the park or facility. All displays shall be placed in areas designated for that purpose.
ARTICLE 3. HUNTING, FIREARMS & FIREWORKS
3.1 No person shall possess a loaded firearm on District property within the City of Bend city limits, except in accordance with Oregon and Federal law.
3.2 No person shall intentionally possess a loaded or unloaded firearm or any other instrument used as a dangerous weapon, while in or on a public building as defined in ORS 166.360(9), except as allowed under ORS 166.370.
3.3 No person shall use a weapon, as defined in ORS 166.360, except as authorized under Oregon law.
3.4 Fishing is permitted on District property consistent with the Oregon law, including licensing requirements under ORS Chapter 497.
3.5 Hunting, trapping, or removing any wild animal is prohibited unless authorized by the Executive Director, a Designee, or other government agency with jurisdiction.
3.6 No person shall possess or use fireworks or other explosives.
ARTICLE 4. ANIMALS
4.1 No person shall feed waterfowl or other wildlife.
4.2 No person shall damage, harm, injure, molest, or otherwise disturb any wildlife or wildlife dwelling except as authorized by the Executive Director, a Designee, or other government agency with jurisdiction.
4.3 Horses and other stock animals are prohibited, except as authorized by the Executive Director or a designee.
4.4 Owners or keepers of an animal (hereinafter referred to as “Owners”) are responsible and liable for the animal’s actions. Animals or Owners may be excluded from District property for failure to abide by District rules.
4.5 Owners shall maintain control of dogs by securely holding onto a physical leash (not an electronic control device) that is attached to the dog, except when in a designated off-leash area. Dogs may not be secured to a stationary object and left unattended on District property.
4.6 Owners shall promptly pick up and dispose of animal waste in proper receptacles.
4.7 Owners shall not allow an animal to damage the property of another, including by digging or burrowing, or to harass, threaten, injure, or fight with an animal or person.
4.8 Any dog that has a set of permanent canine teeth or that is six months of age or older, whichever comes first, must be licensed and current in vaccinations. Owners shall be found in violation of this rule if a dog is not wearing its collar and tag.
4.9 Owners shall also comply with all rules and guidelines posted at off-leash dog areas.
ARTICLE 5. VEHICLES
5.1 Motorized vehicles are prohibited except in roadways, parking areas designated for motorized vehicles, as needed for public safety purposes, or by permit.
5.2 Electric assisted bicycles, as defined in ORS 801.258, and when operated in accordance with these rules, are permitted on trails and pathways except as prohibited by the Executive Director or a Designee. Electric assisted bicycles are subject to all District rules applicable to bicycles.
5.3 No vehicle shall be parked in a loading zone on District property for more than the posted time limit.
5.4 No person shall park a vehicle on District property unless the operator or passengers are using District facilities or participating in District programs. No person shall park a vehicle on District property for the purpose of offering the vehicle for sale.
5.5 No person shall block the flow of traffic in a parking lot, or prevent emergency vehicle access, by double parking or blocking a fire hydrant, driveway or entry gate, or parking in an undesignated space.
5.6 No vehicle may be parked on District property between 10:00 pm and 5:00 am, except:
- As authorized by the Executive Director or a Designee;
- During District program or operating hours; or
- In parking lots designated as having sunrise to sunset hours.
5.7 Vehicles left upon District property in violation of these rules or in violation of Oregon law may be towed in accordance with Oregon law.
ARTICLE 6. BUSINESS OPERATIONS, LEAFLETING, AND ORGANIZED EVENTS
6.1 The following activities are prohibited on District property unless specifically authorized by the Executive Director or a Designee and with evidence of such permission on their person:
- Operating a fixed or mobile concession.
- Soliciting, selling, offering for sale, peddling, hawking, advertising, or vending any goods or services.
- Displaying commercial advertisements, signs or business cards on facility bulletin boards or elsewhere on District property without prior approval.
6.2 Hand-billing and leafleting is permitted as long as the method of distribution does not violate District rules and regulations.
6.3 No person shall organize, conduct, or participate in any event or other scheduled activity that is publicly advertised without prior authorization from the Executive Director or a Designee. All business activities on park property require a permit obtained through the District reservation system as described in the Business Operations Policy. Business activities are defined to include camps, classes, exercise classes, sale of merchandise or services, or other programmed activities under the organization, direction or supervision of an individual or organization. Scheduled District activities have priority use of District facilities.
ARTICLE 7. SPECIFIC RECREATIONAL ACTIVITIES
7.1 The use of metal detectors is prohibited on District property unless pursuant to a permit.
7.2 Slacklines, hammocks, and similar devices are permitted to the extent that their use is consistent with District rules, guidelines, and regulations protecting people and property. Guidelines specific to slacklines, hammocks, and similar devices are available on the District’s website or by contacting Park Services.
7.3 Geocaching/letterboxing is permitted to the extent that the activity is consistent with District rules, guidelines, and regulations protecting people and property. Guidelines specific to geocaching/letterboxing are available on the District’s website or by contacting Park Services.
7.4 Activities involving the use of airborne projectiles that may harm people or property is prohibited except as authorized by the Executive Director or a Designee. This prohibition includes, without limitation, golfing, archery, discus, javelin, shotput, and model rockets.
7.5 Unmanned aerial vehicles (e.g., drones) and other remote-controlled devices are permitted, except as prohibited by the Executive Director or a Designee, to the extent that they do not endanger the comfort, health, peace, or safety of others or cause harm to District property. Such devices shall be operated in accordance with such guidelines as may be adopted by the Executive Director from time to time.
7.6 No person shall use any rolling device including, but not limited to, bicycles, skateboards, scooters, or inline skates, in a manner that could potentially harm people, pets, wildlife, or property. Such rolling devices are not permitted on any plazas, park furniture or retaining walls, stairs or handrails, sports fields, sports courts, playgrounds, off-leash areas, areas reserved for special events, and other areas as designated by the Executive Director or a Designee.
7.7 No person shall tether, launch or land a hot air balloon, paraglider, parachute, or other similar device unless authorized by the Executive Director or a Designee.
7.8 No person shall tether, tie, or otherwise attach any device to any District bridge except as authorized by the Executive Director or a Designee.
ARTICLE 8. PERMITS
8.1 The Executive Director or a Designee shall have the authority to issue permits, or to grant exceptions or waivers to any of the terms of these rules and regulations for authorized events and activities.
8.2 Permit-holders shall keep the permit on their person at all times while engaging in the permitted activity.
8.3 Permit-holders must abide by all District rules and regulations unless granted an exception or waiver by the terms of the permit. Permit-holders are required to abide by the conditions of the permit at all times.
8.4 Permit-holders shall be liable for any loss, damage, or injury to any person, or property caused by a permit-holder’s use of District facilities pursuant to the permit.
8.5 The Executive Director or a Designee has the authority to revoke a permit upon finding of violation of any rule, regulation or ordinance, or for other cause.
ARTICLE 9. CLOSURES
9.1 Parks are closed from 10:00 pm until 5:00 am unless otherwise posted. Parking lots at Shevlin Park, Sawyer Park, Riley Ranch Nature Reserve, and others as designated by the Executive Director or a Designee are closed from sunset until sunrise. It shall be unlawful to enter or remain on District Property during closed hours, except:
- A person may enter upon a closed District property for a reasonable amount of time to retrieve their personal property or vehicle;
- Pedestrians may travel through District property to destinations outside of District property;
- District staff and emergency responders may enter closed areas in the course of executing their duties; or
- By permit.
9.2 The Executive Director or a Designee may close or limit the use of District property to ensure the safety and security of the public and property when fires or other hazardous conditions exist.
9.3 No person shall refuse an order to evacuate District property in time of an emergency.
ARTICLE 10. EXCLUSIONS
10.1 A peace officer or the Executive Director or a Designee may exclude a person from District property, subject to Oregon law, for any of the following:
- Violation of District rules and regulations;
- The person has been cited to appear, arrested, or otherwise taken into custody in a “Civil Exclusion Zone” for any of the offenses contained in the City of Bend Code;
- As ordered by a court of law; or
- The person is deemed a public threat to visitors or to any District staff or property.
10.2 The Executive Director or a Designee shall determine the length of the exclusion period. If an excluded person violates the exclusion order, local law enforcement may be called, and the person may be arrested for criminal trespass.
10.3 Verbal or written exclusions will begin immediately. The excluded person will have 10 calendar days from the effective date of the notice to appeal the exclusion. Appeals are governed by the District’s Exclusion Policy, which is available by contacting Park Services. The appeal must be in writing and delivered to the District Exclusion Appeals Hearing Panel (“Panel”). The appeal shall set forth the reason(s) that the exclusion is invalid or improper and shall request a written review. The Panel shall issue a written decision no later than 30 calendar days following receipt of the appeal.
10.4 If, as part of a written appeal, the excluded person requests a hearing, it shall be conducted by the Panel within 30 calendar days of the request. The Panel will render the final decision in writing within 15 business days of the hearing date. If a hearing is requested, no written decision shall be issued until after the hearing.
10.5 At any time during the exclusion, an excluded person may submit a petition in writing to the Panel for a temporary waiver of the exclusion.
ARTICLE 11. ENFORCEMENT OF RULES AND REGULATIONS
11.1 The Executive Director, a Designee, or any peace officer as defined under ORS 133.005(3) is vested with authority to enforce these rules and regulations and to take the following action:
- Issue citations or exclusions as provided by the District’s Park Conduct and Exclusion Policy and Oregon law to any person who violates any provision of the District’s rules and regulations.
- Refuse entrance to a District facility or program, or to require a person to leave a District property, facility, or program.
11.2 No person shall refuse to leave any District property, facility, or program after being directed to leave by a peace officer or the Executive Director or a Designee. Entering or remaining unlawfully in or upon District property may subject a person to exclusion or prosecution for criminal trespass in the second degree pursuant to ORS 164.245.
11.3 No person shall interfere with any District personnel or peace officer enforcing these rules and regulations. Intentionally acting in a manner that prevents or attempts to prevent District personnel or a peace officer from enforcing these rules and regulations may subject a person to exclusion or prosecution pursuant to ORS 162.247.
11.4 Pursuant to ORS 266.450, violation of these regulations is a misdemeanor punishable by exclusion; or upon conviction by a fine not to exceed $100 or imprisonment not to exceed five days, or both.
11.5 Should any word, sentence, paragraph, clause or phrase of this ordinance be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of this ordinance, which shall remain in full force and effect.