12.35.050 Regulations – Prohibitions.
All regulations of the Greenway shall apply to and be in full force and effect within the Greenway area unless otherwise specifically authorized by TMC 12.35.010 through 12.35.070 or by declaration of the Greenway authority or local unit of government independent of each other as a representative of each applicable jurisdictional boundary affected by the Greenway. The provisions of subsections (A) and (B) of this section do not apply to governmental officials or their agents acting within their official capacity. In addition to the fine imposed pursuant to violation of any provision of this section, the violator is responsible for any and all costs resulting from necessary response, clean-up, or damage caused by the act of offensive littering. Unauthorized signing or trail marking is prohibited.
A. Closure. No person shall enter the Greenway or area which has been closed if notice of prohibited entry has been posted.
B. Basic Speed Rule. A person commits the offense of violating the basic speed rule if the person drives bicycles, skates or rides a horse upon the Greenway at a speed greater than is reasonable and prudent, having due regard to all the following:
1. The traffic;
2. The surface and width of the pathway;
3. The hazard at intersections;
4. Weather;
5. Visibility; or
6. Any other conditions then existing.
In no case shall a person drive a bicycle, skate or ride a horse in speeds in excess of 15 miles per hour, unless otherwise posted.
C. Obstruction of the Right-of-Way. No person, unless specifically authorized, shall:
1. Stand, gather with others upon any street, street crossing, sidewalk, trail or area within the Greenway in a manner that obstructs free passage of users of the Greenway; or
2. Place, cause to be placed, or permit to remain on any street, sidewalk, trail or area within the Greenway anything that obstructs or interferes with such area or interferes with the normal flow of users of the Greenway.
D. Vehicles/Horses. No unauthorized person shall operate, park, stand or use any motorized vehicle, or ride or lead a horse within the Greenway, except in areas provided, maintained or designated for such purpose. Horses are permitted only on posted equestrian trails, where located.
E. Animals. Companion animals are allowed if on a leash no longer than six feet and in strict control of their keeper.
1. No person within the Greenway shall allow any pet or animal in his or her custody to annoy or molest any person; to be tied up and left unattended; or, except for areas provided, maintained or designated for such purpose, to deposit its waste on any street, sidewalk, trail or managed landscape area unless the person immediately removes the waste from the area.
2. No horse or pack animal shall be tied, secured or hobbled in such a manner as to injure any tree, shrub or Greenway improvement.
3. No person shall cause or knowingly permit livestock within the Greenway.
F. Access to Private Lands. No person shall use the Greenway to gain unauthorized access to private property adjacent or otherwise to the Greenway.
G. Property Destruction. No unauthorized person shall:
1. Pick, cut, mutilate, blaze, paint or remove any flowers, shrubs, foliage, trees or plant life, or property of any kind, within the Greenway area without written permission therefor from the Greenway authority;
2. Mutilate, deface, damage, move or remove any Greenway equipment, including but not limited to streets, sidewalks, bicycle paths or any part of the public right-of-way, tables, benches, buildings, signs, markers, plaques, barriers, fountains, faucets, traffic recorders or other structures or facilities of any kind within the Greenway area; or
3. Dig, dredge, deface or remove any dirt, stones, rocks, artifacts or other substances, make any excavation, quarry any stones or other objects or cause or assist in doing any of such things within the Greenway area, except upon written permission from the Greenway authority.
H. Fires. Unless specifically authorized, no person shall build, light or maintain any fire, portable gas, gasoline or oil stoves or other portable cooking devices, or leave a fire unattended, throw or deposit any burning substance, or other substance capable of burning or combustion within the Greenway. A person shall be responsible for damage resulting from fires caused by said person and for the cost of suppressing such fires.
I. Offensive Littering. No person shall:
1. Throw, dump, deposit or leave any trash, refuse, garbage, litter, cigarettes or tobacco products, or waste material within the Greenway area, except in receptacles designated by the Greenway authority for that purpose;
2. Bring into the Greenway area any trash, refuse, garbage, litter, waste material or vehicle for the purpose of leaving it therein;
3. Wash any clothing or other materials in the waters of any pond or stream, or throw, dump or deposit into such waters, or onto the banks thereof, any trash, refuse, garbage, litter, waste material or other polluting product of any kind. Pollution and waste, for the purpose of this subsection, are as defined in ORS 468B.005(3) and (7).
J. Camping. Unless specifically authorized, no person shall camp or dwell within the Greenway, or under any bridge or viaduct within the Greenway area.
K. Peddlers and Solicitors – Advertising – Signs. Unless otherwise specifically permitted by the Greenway authority or other appropriate local governmental authority, no person shall, within the Greenway:
1. Operate a concession, either fixed or mobile, or engage in the business of soliciting, selling or peddling goods, wares, merchandise, liquids or edibles for human consumption;
2. Advertise in any manner, including but not limited to distributing circulars, or using fixed or mobile display; or
3. Erect any sign, marker or inscription.
L. Alcoholic Beverages. Possessing or drinking alcoholic beverages within the Greenway is prohibited.
M. Firearms, Air Guns and Other Weapons. No person, other than law enforcement officers performing their official duties, shall discharge any firearm, air gun, pellet gun, bow and arrow, slingshot or other projectile propelling device within the Greenway.
N. Fireworks. No person shall possess or use fireworks or explosives of any type within the Greenway.
O. Hunting. Unless specifically authorized, no person shall, or attempt, to pursue, hunt, trap, kill or injure any wild bird or animal within, into or out of the Greenway area.
P. Noise. Loudspeakers, public address systems and amplified musical instruments are allowed within the Greenway only upon approval from the Greenway authority or other appropriate local governmental authority. [Ord. 907 § 5, 2016.]