For the purposes of this subchapter, the following definitions
apply unless inconsistent with the context:
means buildings under city ownership, control or authority.
means publicly owned or leased land or buildings under city
ownership, control or authority including sidewalks, rights of way,
and publicly accessible property owned or controlled by Tri-Met such
as transit stations, transit centers, bus shelters and light rail
passenger platforms.
means improvements in a trail, including, but not limited
to, stairs and bridges, that are accessible by a user on foot, horseback,
bicycle or other nonmotorized vehicle or conveyance.
means a right-of-way platted or dedicated to the public over
which a street, road or highway has not been constructed to adopted
Hillsboro standards and specifications and which has not been expressly
accepted by the city.
(Ord. 6215 § 4, 2017; Ord. 6455 § 1, 2023)
The intent of this subchapter is to provide for equal access
to all public lands and facilities, and to ensure that persons use
public lands and public facilities for their intended purpose. The
provisions of this subchapter apply to all public lands including
the Civic Center Block, Complex and Plaza, which are also governed
by Subchapter 9.40 of this code.
(Ord. 6215 § 3, 2017)
A.
"Structures"
"Unimproved right-of-way"
As used
in this section:
means improvements in a trail, including, but not limited
to, stairs and bridges, that are accessible by a user on foot, horseback,
bicycle or other nonmotorized vehicle or conveyance.
means a right-of-way platted or dedicated to the public over
which a street, road or highway has not been constructed to adopted
Hillsboro standards and specifications and which has not been expressly
accepted by the city.
B.
A personal
injury or property damage resulting from use of a trail that is in
a public easement or an unimproved right-of-way, or from the use of
structures in a public easement or unimproved right-of-way, by a user
on foot, horseback, bicycle or other nonmotorized vehicle or conveyance
does not give rise to a private claim or right of action based on
negligence against:
1.
The
City of Hillsboro or its officers, employees or agents to the extent
the officers, employees or agents are entitled to defense and indemnification
under ORS 30.285;
2.
The
owner of land abutting the public easement or unimproved right-of-way;
or
3.
A
nonprofit corporation and its volunteers for the construction and
maintenance of the trail or the structures in a public easement or
unimproved right-of-way.
C.
The
immunity granted by this section from a private claim or right of
action based on negligence does not grant immunity from liability:
1.
Except
as provided in subsection (B)(2) or (C)(2) of this section, to a person
that receives compensation for providing assistance, services or advice
in relation to conduct that leads to a personal injury or property
damage;
2.
For
personal injury or property damage resulting from gross negligence
or from reckless, wanton or intentional misconduct;
3.
For
an activity for which a person is strictly liable without regard to
fault.
(Ord. 6157 § 1, 2016)
A.
In addition
to any other remedy or penalty provided by law, a peace officer or
other person specifically authorized by the manager may exclude a
person who violates a provision of state or local law or rule or Tri-Met
ordinance from that public land and public facilities for a period
of up to 90 days.
B.
A person
excluded pursuant to HMC 9.32.020(A) may not enter or remain upon
that public land or public facility during the exclusion period except
a person excluded from the Civic Center Complex may enter upon or
remain at the Civic Center Complex to the extent necessary to file
documents required to be filed with a city official or appear in a
municipal court proceeding.
C.
A person
will be given a warning and an opportunity to comply with the law
or rule before an exclusion notice is issued unless the exclusion
is based on:
1.
Conduct
punishable as a felony;
2.
Controlled
substances or alcoholic beverages;
3.
Behavior
prohibited by HMC 9.32.040(O);
4.
Actions
actually or likely to result in personal injury or property damage;
or
5.
The
person having been previously warned or excluded for the same conduct
in a separate situation.
D.
An exclusion
notice will not be issued if the person promptly complies with the
warning under HMC 9.32.020(C).
E.
An exclusion
notice will be written and include:
1.
The
signature of the issuing party and date of issuance;
2.
The
effective dates of the exclusion period;
3.
The
places from which the person is excluded;
4.
The
provisions of law violated;
5.
A
brief description of the offending conduct;
6.
A
statement of the consequences for failure to comply; and
7.
The
appropriate municipal court procedures.
F.
The
code does not authorize exclusion of a person lawfully exercising
free speech rights or other rights protected by state or federal law.
(Ord. 6215 § 3, 2017)
A violation of an exclusion notice issued in accordance with
this subchapter constitutes criminal trespass in the second degree
and is punishable as provided by state law and any other applicable
provision of the code.
(Ord. 6215 § 4, 2017)
A.
A person
receiving an exclusion notice may appeal to the municipal court and
seek to have the exclusion reversed or the exclusion period shortened.
B.
An appeal
of an exclusion notice must be filed with the city within 10 calendar
days of receipt of the notice, unless extended by the municipal court.
C.
An appeal
of an exclusion notice automatically stays the exclusion period until
a decision on appeal is issued by the municipal court.
D.
The
municipal court will decide all appeals within 10 days of their filing
unless the hearing date is extended by court order.
No person may, upon or in any public land or public facility:
A.
Engage
in conduct that constitutes a crime.
B.
Unless
otherwise authorized by law, carry upon the person a weapon or an
instrument by the use of which injury could be inflicted upon a person
or property of a person.
C.
Discharge
a firearm in violation of HMC 7.08.010, except for a peace officer
in the line of duty.
D.
Sell,
drink or consume alcoholic beverages or possess an alcoholic beverage
container that has been opened, has a broken seal or the contents
of which have been partially removed, unless otherwise authorized
by law or city regulation or permit.
E.
Intentionally
or knowingly block, obstruct, impair or hinder or attempt to block
obstruct, impair or hinder the free movement of pedestrian traffic
in or out of a public facility.
F.
In a
manner that unduly interferes with the ability of others to use a
public facility, use personal electronic equipment such as cell phones,
computers, and other playback devices at an excessively loud volume.
G.
Lay
down or sleep in a public facility, unless otherwise authorized to
engage in such activities.
H.
Climb
upon an object in such a manner as to create a danger of personal
injury or property damage.
I.
Have
personal hygiene that unduly interferes with the ability of others
to use the public land or public facility, including body odor or
strong perfume.
J.
Fail
to wear appropriate attire. For the purposes of this restriction appropriate
attire includes a top, bottom, and shoes except where public land
or public facility-specific regulations allow otherwise.
K.
Ride
or operate a skateboard, scooter, roller blades or roller skates in
a public facility, unless otherwise authorized to engage in such activities.
L.
Bring
bicycles, shopping carts, or similar wheeled objects into a public
facility when doing so would be inconsistent with the intended use
of the public facility.
M.
Solicit,
petition, or distribute written materials or canvass for any purpose
in a public facility, including doorways or vestibules of a public
facility. This includes conducting surveys, distributing materials,
soliciting signatures for a petition, sales, and donations for charity.
N.
Place
a display or post written material anywhere within a public facility,
the violation of which will result in the removal of the written material.
This provision does not apply to the display or posting of written
material in areas authorized for such activities to occur.
O.
Engage
in sexual conduct as defined by ORS 167.060;
P.
Pick,
cut, trim or remove flowers, trees, or other vegetation;
Q.
The
prohibitions listed in this section do not apply to the lawful actions
of a person exercising free speech rights or other rights protected
by state or federal law.
(Ord. 6215 § 4, 2017; Ord. 6282 § 4, 2018)
A.
Domesticated
animals are prohibited from public facilities, playground areas, sports
fields, sports courts, ponds, streams and wetlands, including the
Jackson Bottom Wetlands Preserve, except as authorized under the Americans
with Disabilities Act or specifically authorized by the city.
B.
Inside
parks, domesticated animals must be on a leash at all times except
in designated off-leash areas, except as authorized under the Americans
with Disabilities Act or specifically authorized by the city.
C.
Owners
are responsible for the immediate removal of all solid waste from
their domesticated animals inside parks.
(Ord. 6015 § 1, 2012; Ord. 6215 § 3, 2017)
A.
The
PRC will adopt by resolution rules for the safe and efficient operation
of parks.
B.
Hours.
Except for evening use authorized by the council or PRC, the permissible
hours of use for parks are dawn to dusk, except parks specifically
designated for evening use that are closed from 1 a.m. to dawn.
D.
Activities
Restricted to Specific Areas. Activities that may be hazardous to
persons using the park or public lands or which may damage grass or
foliage, such as hard or softball, golf, football, horseshoes, soccer
or rugby, are restricted to areas designated for such activities.
E.
Vehicles.
The use of motorized vehicles on park property is restricted to roadways
and parking lots designed for that purpose, unless otherwise authorized
by the city.
F.
The
following activities are prohibited within parks unless specifically
authorized by this code or the PRC:
(Ord. 6215 § 4, 2017; Ord. 6455 § 3, 2023)
Parking facilities abutting parks, public lands and facilities
are reserved for use by park, public land and facility patrons only,
unless otherwise designated by the city.
(Ord. 6215 § 3, 2017)
A.
Nothing
in this code may be interpreted as preventing access to a public restroom
by a person consistent with that person's expressed gender.
B.
The
following acts are prohibited in a building, or part thereof, that
is intended for use as a public restroom within a park or public land,
including any city building:
1.
Standing,
climbing, sitting upon or laying down on any fixture or floor located
inside of or at the entrance of any restroom, unless that fixture
or floor is intended to be used for standing, climbing, sitting or
lying upon;
2.
Occupying
of a restroom by two or more persons when the restroom is specifically
designed for use by only one person, unless one of those persons is
assisting a handicapped person, child under 12 years of age, elderly
person or another person similarly in need of assistance;
3.
Interfering
with an attendant in the discharge of duties within a restroom;
4.
For
a male person to enter or occupy a restroom marked "Women" except
a male child with his mother or female guardian or an authorized person
in the discharge of his regular duties;
5.
For
a female person to enter or occupy a restroom marked "Men" except
a female child with her father or male guardian or an authorized person
in the discharge of her regular duties; and
6.
Engaging
in disorderly or disruptive conduct inside of or at the entrance to
a restroom.
B.
The
manager may adopt regulations to permit smoking, vaping and tobacco
use by city employees, which might otherwise be prohibited by this
section, to the extent necessary to comply with a collective bargaining
agreement.
(Ord. 6114 § 1, 2015; Ord. 6215 § 3, 2017)
In addition to all other provisions in this chapter, the following
rules apply at these specific locations:
A.
Noble
Woods Park. All bicycles must be walked on the trails and walkways.
B.
Reedville
Creek Skate Park.
1.
Only
skateboards, scooters, bicycles and inline skates may be used in the
facility. Motorized vehicles are not permitted.
2.
Skateboarding
is prohibited outside of the designated skating area.
3.
Additional
ramps, jumps or other obstacles are not allowed in the facility.
4.
No
food, beverages or glass items are allowed in the facility.
5.
Competitive
or demonstrative events are not permitted without prior approval by
the PRC.
D.
Hondo
Dog Park.
2.
Handlers
must:
a.
Carry a leash for each dog in your care, and leash your dog when
outside the off-leash area;
b.
Closely supervise young children. Children under 12 must be supervised
by an adult;
c.
Accept legal responsibility for any damage or injury caused by your
dog. The city and its agents (as described in HMC 9.32.015) and Washington
County are not responsible for any damages or injuries;
d.
Remain in the off-leash area to supervise your dog, keeping him or
her within view and under verbal control at all times;
e.
Remove pinch, choke, and spiked collars when off-leash to prevent
injury;
f.
Not bring a dog in heat to the off-leash area;
g.
Not bring a puppy without a complete cycle of vaccinations to the
off-leash area; and
h.
Not abandon your dog. Abandoned dogs will be impounded.
E.
Jackson
Bottom Wetlands Preserve.
F.
Shute
Park Library. No person may ride a skateboard as defined herein in
any area of Shute Park that provides for ingress and egress to the
library, including sidewalks, walkways, plazas and decorative walls,
and any other paved surface that is north or east of the asphalt parking
lot adjacent to the library.
G.
Brookwood
Library. No person may ride a skateboard as defined herein on the
premises of the Brookwood Library including the parking lot, walkways,
and any other hard surfaces.
(Ord. 5969 § 2, 2011; Ord. 6103 § 2, 2014; Ord. 6172 § 1, 2016; Ord. 6215 § 3, 2017)
