Chapter 20.04 General Provisions


- Note
(New Chapter replaced by Ordinance No. 173530, effective July 30, 1999.)

20.04.010 Definitions.

(Amended by Ordinance Nos. 178282 and 183750, effective June 4, 2010.)  As used in this Title, unless the context requires otherwise, the following definitions apply:

 

A.  “Bureau” or “Portland Parks and Recreation” means the Bureau of Parks and Recreation of the City of Portland.

 

B.  “Commissioner” means the Commissioner in Charge of Portland Parks and Recreation.  Wherever this Title grants authority to or places responsibility on the Commissioner, that authority or responsibility may be exercised by any person designated by the Commissioner.

 

C.  “Council” means the City Council of the City of Portland, Oregon.

 

D.  “Director” means the Director of Portland Parks and Recreation, or the Bureau head, however designated. Wherever this Title grants authority to or places responsibility on the Director, that authority or responsibility may be exercised by any person designated by the Director.

 

E.  “Park” means any publicly or  privately owned real property, and the buildings, structures and facilities thereon, placed under the jurisdiction of Portland Parks and Recreation for park  or recreational purposes, and includes all land granted to the City for such purposes.

 

F.  “Parks Reservation Center” means the person or persons authorized by the Director to receive,  process, issue or deny permits for the use of any Park.

 

G.  "Park Officer" means any of the following, while acting in the scope of employment, agency or duty:

 

1.  Any employee or agent of Portland Parks and Recreation;

 

2.  Any peace officer as defined by Oregon law and any reserve officer of the Portland Police Bureau;

 

3.  Any person providing security services in any Park pursuant to any contract with the City when the contract delegates such exclusion authority, or providing security services pursuant to any contract with any person, firm or corporation managing the Park on the City's behalf;

 

4.  Golf Course concessionaires and their employees;

 

5.  In the South Park Blocks, any public safety employee of Portland State University;

 

6.  Any person specifically designated in writing as a "Park Officer" by the Commissioner or by the Director.

 

H.  “Field permitting Organization.”  Any entity that permits or assigns permitting duties for organized sports use (as defined in Section 33.910.030) on public parks and public schools (as described in Section 33.920.480).  Sections 20.04.050 through 20.04.080 of this Chapter shall apply to any site owned or operated by any school district in the City of Portland, whether or not Portland Parks and Recreation is the field permitting organization for that site.


20.04.020 Use Encouraged.

The Parks are maintained for the recreation of the public and the greatest possible use is encouraged, subject only to such regulation as will preserve the Parks for the purposes for which they are laid out and the enjoyment, convenience, and safety of all concerned.


20.04.030 Powers of the Council.

The Council, except as herein otherwise provided, shall have the general management and supervision of all Parks, squares, openings, and public grounds surrounding public buildings now owned or hereafter acquired by the City, and also shall have power to regulate and control the planting, trimming, growing, use, preservation, and maintenance of all shade or ornamental trees, shrubs, plants, or flowers in, upon, or over any street, boulevard, path, or sidewalk of the City. The Council may adopt such rules and regulations for the use, management, and supervision of the Parks, squares, openings, public grounds, and grounds surrounding public buildings, bath houses, or other places of recreation, now belonging to the City or hereafter acquired by it, as to the Council may seem reasonable and necessary.


20.04.040 Commissioner to Make Rules and Regulations.

The Commissioner is authorized to make such rules and regulations not in conflict with the ordinances of the City as the Commissioner finds necessary for the better control and management of the Parks. If any person feels aggrieved by any such rule or regulation, the person may appeal to the Council for its amendment or repeal by filing with the City Auditor a petition which shall be presented to the Council at its next regular meeting. Until and unless amended or repealed by the Council, any rule or regulation made by the Commissioner shall be in full force and effect as if it were an ordinance.


20.04.050 Public Notification - Recreational Fields.

(Added by Ordinance No. 183750, effective June 4, 2010.) 

 

A.    Field permitting organizations (FPOs) are responsible for mailing a public notice to owners of residentially-zoned property within a radius of 400 feet of the site property lines, recognized neighborhood organizations within a radius of 1,000 feet of the site property lines, and existing organized sports user groups (permit holders) of the site for any of the following proposed improvements on schools, school sites or park sites that are adjacent to residential property and that do not require a (Title 33) conditional use:

 

1.  Adding one (1) new field for organized sports use where there is current or previous (last 10 years) approved organized sports use elsewhere at the school or park site.  The new field must be no more than 300 feet from the current or previous organized sports use.  The addition of two (2) or more fields requires a conditional use.  A new field more than 300 feet from the current or previous organized sports use requires a conditional use (see Title 33);

 

2.  Upgrading, improving, or converting an existing recreational field for organized sports use primarily by older youth (ages 13-17) or adults (for baseball, age 10 and older), where there is no such current or previous (last 10 years) use on the subject field;

 

3.  Bleachers or seating fixtures 210 lineal feet or smaller in size per field and less than 100 feet from an abutting residential property;

 

4.  Concession stands 1,500 square feet or smaller in size (temporary or permanent) and within 100 feet of a residential property; or

 

5.  Parking areas with 5 parking spaces or fewer AND within 15 feet of a residential property.

 

B.  The notice shall describe in detail the type of improvements or change in use proposed.  The notice shall include the type, size, location, and setbacks proposed for the field as well as the current (if any) and proposed sports user groups.  The public notice of proposed field improvement will provide contact information for the neighbors to call or send written questions, comments, or concerns within 21 calendar days.  If these written comments can be addressed to the neighbor’s satisfaction, no further action is necessary.  The FPO shall respond to these written comments in writing within 21 days.

 

C.    If the FPO’s written responses to the written concerns received after the public notice are not satisfactory, a public meeting can be scheduled if requested by a neighborhood association within 1,000 feet of the subject site.  The request must be made within 45 calendar days of the date of the last FPO written response to comments.   A Good Neighbor Agreement (GNA) may be proposed by Portland Parks and Recreation, the school district, both organizations jointly, or other appropriate FPO if there are remaining concerns after the public meeting.  Neighborhood associations within 1,000 feet of the subject site may also request a GNA, in writing, within 10 calendar days of the date of the public meeting.  GNAs can be linked to sports field use permits and may address a variety of compatibility issues such as:

 

1.    Hours of use outside currently established park & school operating hours;

 

2.  Tournament play;

 

3.  Placement of fields, temporary portable restrooms, storage areas, etc.;

 

4.  Screening for privacy and safety (netting and/or landscaping);

 

5.  Noise concerns outside established noise ordinance regulations (portable music players, whistles, bullhorns, etc.);

 

6.  Litter, loitering, and other nuisances; and

 

7.  Parking usage.

 

D.   The field permitting organization may require sports groups and field improvement project proponents to assist with and help pay for the preparation and distribution of the required notice.


20.04.060 Good Neighbor Agreements - Recreational Fields.

(Added by Ordinance No. 183750, effective June 4, 2010.) 

 

A.  The Director or the Director's designee is authorized to negotiate, execute and administer Good Neighbor Agreements (GNAs) under Section 20.04.050 on behalf of the City, when the City is the Field Permitting Organization (FPO).

 

B.  When the City is not the FPO, the FPO may negotiate, execute and administer GNAs under Section 20.04.050 according to its own internal processes.

 

C.  All GNAs, whether entered into by the City or by any other FPO, must comply with the Good Neighbor Agreement Policy adopted by Portland Parks & Recreation, including the process.


20.04.070 Completion of Field Improvements.

(Added by Ordinance No. 183750, effective June 4, 2010.)   If a Good Neighbor Agreement process is initiated, it must be completed or resolved before any of the proposed improvements in Section 20.04.050 A. are implemented.


20.04.080 Building Permit Applications.

(Added by Ordinance No. 183750, effective June 4, 2010.)   All of the steps required in Title 20 must be completed before an applicant may apply for a building permit.