Administrative Policy #10.07 - Code of Conduct for Patrons at Parks and Recreation Facilities, Events, and Programs

Purpose

To establish rules and regulations to protect the rights and safety of the community and to allow City staff to perform their jobs at all City-owned or managed Corvallis Parks and Recreation Department facilities and at all events or programs sponsored by Corvallis Parks and Recreation Department.

Scope

Corvallis is a community that honors diversity. The City and those in its employ do not have a policy, practice, or procedure which directly or indirectly discriminates. This Code of Conduct applies to everyone.

Parks are traditional forums for the exercise of free speech. This Policy is not intended to interfere with the exercise of free speech in Corvallis Parks. This Code of Conduct applies regardless of the message a person may wish to convey.

Guidelines

The following are prohibited in any Park or Park Facility:

a. Violation of any City Park Regulation set out in Corvallis Municipal Code Chapter 5.01

b. Intentionally causing public inconvenience, annoyance, or alarm or recklessly creating a risk of public inconvenience, annoyance, or alarm by engaging in fighting or behaving in a violent, tumultuous, or threatening manner.

c. Possessing a weapon, except as permitted by Oregon Revised Statutes (ORS) 166.370.

d.  Smoking as defined by Corvallis Municipal Code Section 5.03.080.160 or the use of chew, snuff, snus, and any other smokeless tobacco product, excluding Federal Drug Administration (FDA) approved nicotine-replacement therapy products for the purpose of tobacco cessation. Smoking also includes the use of an electronic smoking device which creates a vapor, in any manner or in any form. Electronic smoking device is defined as any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances and the use of inhalation which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or under any other product name or descriptor and any cartridge or other component of the device or related product.

e.  Consumption of alcohol, except as allowed by a permit issued as part of a facility or park rental (Corvallis Municipal Code Section 5.03.040.010.06).

f. Aggressive Panhandling. Begging, demanding funds, or soliciting alms or charity, knowing that a reasonable person would find the manner of the begging, demand, or solicitation to be alarming or threatening (Corvallis Municipal Code Section 5.03.080.150).

g. The use of any City staff offices, equipment, computers, or phones, without the express permission of on-duty staff.

h. Unlawful or unauthorized removal of City equipment or supplies from facilities or recreation programs.

i. Engaging in any activities prohibited by law.

j. Destroying, damaging, or defacing City property.

k. Failing to leave a designated area or designated facility subject to a priority use permit when asked to do so by the person holding the priority use permit.

l. Failing to leave a Park or Facility when the Park or Facility is closed unless a Permit has been obtained from the Parks and Recreation Department that allows occupancy beyond normal Park or Facility hours.

m. Interfering or preventing the use of a Park or Facility by another person, without having a priority use permit.

The City Manager may develop patron behavior expectations for the following, but not limited to, Parks and Recreation Facilities and programs for the safe operation and use of the facility and programs:

• Corvallis Community Center
• Osborn Aquatic Center
• Recreation programs

Violation of patron behavior expectations for a specific facility, type of usage or recreation program is prohibited. 

Procedures

Enforcement

a. The Parks and Recreation Department and Corvallis Police Department staff will implement the Code of Conduct. Unlawful activities will be reported to the Corvallis Police Department. People who violate the Code of Conduct will be asked to stop the action immediately and may be ordered to immediately leave the Parks and Recreation Department program or facility. If the prohibited behavior continues or the behavior is a crime or infraction, they may also be subject to arrest and/or citation. Refusal to leave when properly directed by staff may result in arrest for trespassing.

b. The Parks and Recreation Department may deny a person who has violated the non-criminal Code of Conduct rules from entering any Department program or City facility until a written agreement is reached to discontinue the behavior or action, for a specific time, from one week up to one year, or permanently. If an individual is removed from a program or facility beyond one day, a certified letter will be sent from the Parks and Recreation Department Director or her/his designee or hand-delivered by a City of Corvallis employee within 48 hours outlining the occurrence, the length of time of the removal plus the appeal and re-instatement process. If an address is not attainable, the certified letter will be hand delivered at the time of next contact. If, in the judgment of the Department Director, the person constitutes a threat to the safe operation of a program or a City facility or is involved in repeated incidents of criminal behavior, the person may be permanently excluded from all City of Corvallis Parks and Recreation Department facilities, events, and programs. If the violation is criminal, a trespass notice will be issued by Corvallis Police Department staff at the time of the violation or, if not present, at the time of next contact.

c. Trespass Durations. Criminal behavior may result in the following trespass durations:

Repeated incidents of criminal behavior will subject offender to additional trespass periods consecutive to original trespass duration.

d. Appeal

Anyone receiving notice of restricted access to Parks and Recreation Department programs and facilities may request a meeting to have the incident reviewed. The request must be in writing and filed at the Corvallis Parks and Recreation Department within 48 hours (exclusive of weekends) of receipt of the notice.

The incident review will be informal and the Parks and Recreation Department Director will consider information from City employees involved in the incident(s), the person requesting the hearing, and other witnesses to the incident(s). At the conclusion of the meeting, the Parks and Recreation Director may affirm, modify, or cause the notice to be canceled. A written copy of the decision will be delivered or mailed to the person requesting the meeting on the date issued. This decision may be appealed to the City Manager or the City Manager's designee

Definitions

Facilities:  Offices, buildings, and structures managed by the Parks and Recreation Department, whether or not the City owns the facility. Facilities include the Corvallis Community Center, Osborn Aquatic Center, Walnut and Tunison Community Rooms, Corl House, picnic shelters, playgrounds, playing fields when being used for organized team sports, park restrooms, Starker Arts Amphitheater and stage, and temporary structures or temporary enclosures permitted by the City. Facilities do not include open areas, sidewalks, or paths not within some structure or enclosure. Facilities do not include playing fields which are not reserved for use for organized team sports.

Parks:  Any property or facility owned or controlled by the City, set aside and maintained by the City for the recreation and relaxation of the public, managed by the Parks and Recreation Department. 

Review/Update

The Parks and Recreation Director will prepare this Administrative Procedure for review as needed for City Manager approval.

Last reviewed: 07-2021

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