ORDINANCE NO. 22

AN ORDINANCE REGULATING CONDUCT ON PORT PROPERTY
AND REPEALING ORDINANCES

The Port of Hood River ordains as follows:

SECTION 1. Scope of Ordinance. This ordinance regulates conduct on Port land, Port waterways and Port structures.

SECTION 2. Definitions. Unless the context requires otherwise, for purposes of this ordinance the following definitions apply:

"Board" means Port of Hood River Board of Commissioners.
"Camp" means erecting a tent or shelter, arranging bedding or occupying a parked vehicle, trailer or camper for purposes of, or in such a way as will permit, sleeping or remaining overnight.
"Commercial Activity" means any activity directed to the general public or between two or more persons or entities undertaken for profit or personal gain.
"Dock" means a wharf or platform for loading or unloading people or materials.
"Event Site" means Port property which includes an improved vehicular parking area and beach access to the Columbia River, located northerly of Portway Avenue, westerly of the Nichols Boat Basin inlet, southerly of the Columbia River, and easterly of the Luhr Jensen building, which is used for manufacturing of fishing lures as of the date of this ordinance.
"Executive Director" means the person the Board has appointed to act as the general manager of all Port operations.
"Hook" means Port property which includes a peninsula located easterly from Wells Island, northerly from Interstate 84, westerly from the roadway running south to north which fronts the City of Hood River Sewage Disposal facility, and southerly from the Columbia River.
"Interstate Bridge" means the bridge owned by the Port which crosses the Columbia River from Hood River, Oregon to Washington.
"Marina Area" means Port property located easterly of the Hood River, southerly from the Columbia River including exposed land in Columbia River which is occasionally submerged, westerly from the approach road leading to the Interstate Bridge and northerly from Interstate 84.
"Marina Boat Basin" means the water inlet in the Marina Area used for launching and moorage of boats and pontoon airplanes, with access to the Columbia River.
"Nichols Boat Basin" means the water inlet northerly of Interstate 84, which runs southerly to northerly along the western boundary of the Spit, with access to the Columbia River.
"Official Sign" means all signs, signals, markings, devices and placards placed, erected or provided by the Port for the purpose of guiding, directing, warning or regulating vehicular traffic or personal conduct.
"Pedestrian Access Way" means the public pedestrian path system on Port Property located northerly of Interstate 84.
"Port" means Port of Hood River.
"Port Property" means all real property in Hood River County, Oregon owned or controlled by the Port, and the Interstate Bridge, except property when submerged under the Columbia River.
"Peace Officer" means a peace officer appointed by the Port pursuant to ORS 777.190, or a peace officer as defined in ORS 161.015.
"Pedestrian Bridge" means the bridge owned by the Port of Hood River intended for pedestrian use which crosses the Hood River from the Marina Area, located northerly of Interstate 84.
"Spit" means Port property which is a peninsula located northerly of Interstate 84, westerly of the Hood River, easterly of the Nichols Boat basin inlet and southerly from the Columbia River including exposed land in the Columbia River which is occasionally submerged.
"Vehicle" means every motorized device capable of being used on a street, roadway or path.

SECTION 3. Commercial Activity. No person shall engage in any Commercial Activity on Port Property without the prior approval of, and under the terms and conditions prescribed by the Port.

SECTION 4. Littering. No person shall litter on Port Property. For purposes of this section littering is defined as the dumping, throwing, placing, depositing or leaving, or causing to be dumped, thrown, deposited or left any refuse of any kind or any object or substance which tends to pollute, mar or deface.

SECTION 5. Fireworks. No person shall ignite fireworks or similar incendiary devices of any kind on Port Property, whether legally allowed in Oregon or not.

SECTION 6. Animal Control. No person shall permit any animal which is under their care or which they own to run at large, or to be on a leash on Port Property unless the person is holding the leash and in control of the animal. However, at the Hook dogs are allowed off leash one hour before and after sunrise and one hour before and after sunset, and at the Spit dogs are allowed off leash one hour before and after sunrise, if the Hood River County Dog Control ordinance which regulates dogs running at large allows a dog to be off leash and the person with the dog is in compliance with the provisions of the Hood River County Dog Control ordinance.

SECTION 7. Animal Waste. If an animal creates litter or defecates on Port Property the owner of the animal or the person with the animal who is responsible for the animal shall promptly clean up and dispose of such litter or feces in a garbage or sanitary sewer receptacle.

SECTION 8. Launching Boats. No person shall launch any boat or motorized watercraft from Port Property except in designated launching areas.

SECTION 9. Camping. No person shall camp on Port Property between the hours of 10:00 P.M. and 6:00 A.M.

SECTION 10. Hunting. No person shall discharge firearms, hunt, or attempt to trap animals on Port Property.

SECTION 11. Fires. No person shall build or attempt to build a fire on Port Property.

SECTION 12. Kiteboarding. Unless changed by a regulation enacted by the Board or Executive Director, which is in writing and on file in the Port business office, no person shall fly or in any other manner operate a kiteboard or a training kiteboard on Port Property other than at Port designated locations at the Hook and at the Spit.

SECTION 13. Right of Removal.
a. No person shall remain on Port Property after being asked to leave Port Property by the Port Executive Director, a Peace Officer, or by a Port employee acting within the scope of the employee's duties.
b. No person shall cause or allow their personal property to remain on Port Property after the Port Executive Director, a Peace Officer or a Port employee acting within the scope of the employee's duties has asked the person to remove or relocate the personal property.

SECTION 14. Vehicle Parking. The Board or the Executive Director may enact regulations which restrict or prohibit vehicle parking at locations on Port Property, or which impose fees or other requirements if vehicle parking is allowed. All such parking regulations shall be in writing, and be on file available for public inspection at the Port business office. No person shall park or store a vehicle on Port Property in violation of a vehicle parking regulation enacted under this section.

SECTION 15. Vehicle Speed. Except in the Marina Area no person shall operate a vehicle at a speed in excess of 25 miles per hour on Port Property, unless an Official Sign is posted in an area of Port Property authorizing a different maximum speed, in which event the speed designated on the Official Sign shall be the maximum speed allowed.

SECTION 16. Vehicles on Paths. No person shall operate a vehicle on the Pedestrian Access Way or on any other pedestrian path located on Port Property, with the exception of motorized wheelchairs and similar devices, maintenance vehicles, and emergency vehicles.

SECTION 17. Official Signs. No person shall engage in any conduct in violation of instructions appearing on an Official Sign on Port Property.

SECTION 18. Use of Port Electricity. No person shall connect an electrical device of any kind to a Port electrical power outlet or in any other manner use electricity supplied to the Port on Port Property without Port permission.

SECTION 19. Fees. No person shall refuse nor neglect to pay a fee or charge established by the Board or Executive Director for use of Port Property, Port facilities or Port services, when due.

SECTION 20. Providing Identification. No person on Port Property shall fail or refuse to provide a drivers license or if the person does not have a drivers license provide another written document showing the person's true name and address, when requested by a Peace Officer or a Port employee.

SECTION 21. Interstate Bridge Restrictions. Unless authorized by a Peace Officer, Port employee or Port contractor acting within the scope of their authority, the following activities are prohibited on the Interstate Bridge:
a. No person shall ride a bicycle or other self-propelled device on the Interstate Bridge.
b. No person shall walk onto or jump from the Interstate Bridge.
c. No person shall drive a vehicle in excess of 25 miles per hour on the Interstate Bridge, unless a different speed is posted at the entrances to the Interstate Bridge, in which event the driver shall obey the posted speed. Emergency vehicles are excepted from this requirement in cases of an emergency.
d. No person driving a vehicle shall pass another vehicle traveling in the same direction, or pass a vehicle in the same lane of travel which is stopped on the Interstate Bridge.
e. No person shall stop, park, or leave a vehicle unattended on the Interstate Bridge.
f. No person shall drive a vehicle with a gross weight exceeding the weight limit posted at the entrances on the Interstate Bridge.

SECTION 22. Marina Area Use. The following activities are prohibited in the Marina Area:
a. No person shall jump or dive into, swim in, windsurf in or kiteboard in the Marina Boat Basin.
b. No person shall operate a boat, an airplane or any other type of watercraft in the Marina Boat Basin at a speed exceeding five miles per hour, or in a manner which causes a wake within the Marina Boat Basin.
c. No person shall park a motor vehicle overnight in the Marina Area.
d. No person shall clean fish or perform boat maintenance or repair a boat in the Marina Area.
e. No person shall operate a vehicle in the Marina Area at a speed exceeding 15 miles per hour.
f. No person shall fly or in any other manner operate a kiteboard training kite or a kiteboard in the Marina Area.
g. No person shall stay overnight on a boat moored in the Marina Boat Basin for more than three consecutive nights.
h. No child under 15 years of age shall be aboard a moored boat in the Marina Boat Basin if not accompanied by an adult. No parent, guardian, or person having custody or control of a child under the age of 15 years shall allow the child to be in a moored boat unaccompanied by an adult in violation of this section.

SECTION 23. Pedestrian Bridge Restrictions. The following activities are prohibited on the Pedestrian Bridge:
a. No person shall jump or dive from the Pedestrian Bridge.
b. No person shall ride a bicycle, other self-propelled device or vehicle on the Pedestrian Bridge with the exception of a motorized wheelchair or similar device.

SECTION 24. Spit Restrictions. The following activities are prohibited at the Spit:
a. No person shall windsurf from the Spit.
b. No person shall swim from the Spit unless the person is kiteboarding.
c. No person shall drive or park a vehicle or a vehicle towing a trailer with a total length which exceeds 22 feet.

SECTION 25. Nichols Boat Basin Docks. No person shall come on to, jump from, dive from or in any manner use a Dock owned by the Port located in the Nichols Boat Basin inlet without Port permission.

SECTION 26. Port Regulations. The Board or the Executive Director may adopt regulations which define or regulate conduct on Port Property in furtherance of the provisions of this ordinance, or which otherwise prohibit or limit conduct on Port Property. Each such regulation shall be in writing, be dated, be signed by the Executive Director, and be on file for public inspection at the Port business office during Port business hours. If a person violates any provision of an adopted Port regulation the person will be deemed to have violated this ordinance, and be subject to prosecution the same as in cases where a person has violated another section of this ordinance.

SECTION 27. Port Permission. A person may act in a manner which would otherwise violate a provision of this ordinance if in furtherance of a Port objective the person is given permission to do so by the Board, Port Executive Director, or a Port employee with authority to grant such permission. If permission is given under this section the permission shall only apply to a particular time or event; such permission shall not be considered ongoing unless explicitly stated as applying to a future date or dates or a future event or events.

SECTION 28. Penalties. (1) Any person who violates this ordinance shall be subject to a fine not to exceed $250.00. (2) Each violation of a separate section of this ordinance shall constitute a separate offense. (3) Each time a separate violation of this ordinance is committed shall constitute a separate offense. (4) The maximum penalty for a violation of this ordinance shall not exceed the maximum penalty prescribed for violation of a substantially similar offense prescribed by the Oregon Revised Statutes now or hereafter in effect.

SECTION 29. Severability. This ordinance and the regulations published pursuant thereto will be liberally constructed to effectuate the purposes of this ordinance. Each section, subsection or other portion of this ordinance shall be severable; the invalidity of any section, subsection, or other portion shall not invalidate the remainder.

SECTION 30. Enforcement of Ordinance. (1) The Board or Executive Director may appoint Port employees as Peace Officers who shall have the same authority, for the purpose of the enforcement of the provisions of this ordinance, as other peace officers; (2) All peace officers of the city, the county, the state and those appointed by the Board or Executive Director shall have the authority to enforce the provisions of this ordinance and to issue citations for the violation of
any section of this ordinance; (3) Any person who is issued a citation for the violation of any section of this ordinance must appear in the Municipal Court of the City of Hood River on the date and time listed on the citation, or in such other court in Hood River County with jurisdiction over the matter as stated on the citation.

SECTION 31. Ordinances Repealed. The following Port of Hood River ordinances are repealed:

Port Ordinance No. 8 - An Ordinance Regulating Commercial Activity on Port Property;
Port Ordinance No. 10 - An Ordinance Regulating Parking on Port Property

SECTION 32. Declaration of Emergency. This ordinance is being enacted to protect the health and safety of persons who use Port Property, to promote the orderly use of Port Property, and to protect Port Property. Because the number of people who use Port Property to engage in activities including windsurfing and kiteboarding will increase significantly as weather conditions change in spring and summer, risks of harm associated with use of Port Property will increase, therefore, an emergency is declared to exist; this ordinance shall take effect immediately upon passage.

Read on: May 20, 2003.

Passed this 20th day of May, 2003, by the Port of Hood River Board of Commissioners.

PORT OF HOOD RIVER

Bill Lyons
President

ATTEST:
Fred Duckwall
Secretary

 

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