imported post
Digging deeper I find in
METRO's code the following RE parks:
10.01.030 Policy
The Council has determined that it is necessary to adopt these
Code provisions in order to insure the efficient operation,
protection and maintenance of Regional Parks and Greenspaces and
to protect the health, safety and welfare of the public;
therefore,
this chapter shall be liberally construed to
effectuate this purpose.
(Ordinance No. 96-659A, Sec. 1.)
Guess we already found out what THAT means to them. It means what we SAY it means regardless of whats actually printed on the page.
10.01.040 Enforcement Authority/Park Rules
(a) The Director shall have the authority to enforce all of
the provisions of this chapter, including but not limited to the
authority to enforce any park rules adopted pursuant to this
chapter.
(b) The Director shall have the authority to adopt park
rules which are not inconsistent with the provisions of this
chapter, including but not limited to park rules governing fees.
Park rules shall be in writing, shall be posted as otherwise
required by this chapter, and shall be filed with the Metro
Council.
(c)
No person shall violate any park rule which has been
adopted by the Director pursuant to this chapter.
(Ordinance No. 96-659A, Sec. 1.)
We can do this because, well.. because WE SAY SO! Nyah! And not only that, we'll make it an additional violation to NOT do what we tell you. Two violations for the price of one!
10.01.160 Hunting and Firearms Prohibitions
No person shall discharge a firearm, air rifle, spring gun, bow
and arrow or other weapon in or over any park except in areas
specifically designed for that purpose.
All weapons which are
brought into parks areas shall be completely unloaded and kept in
the owner’s vehicle at all times.
(Ordinance No. 96-659A, Sec. 1.)
Sounds pretty official dunnit? Darn...looks like they get to do what they want because of the 'we say so' mentality. But, what? UH OH..... what do we have here?
10.01.430 Other Laws Applicable
This chapter shall in no way be a substitute for or eliminate the
necessity of conforming with any and all state laws and rules and
other ordinances which are now or may be in the future in effect
which relate to the activities regulated in this chapter.
(Ordinance No. 96-659A, Sec. 1.)
Who's the sad panda now? Looks like the truth is right there in black and white.....METRO CANNOT SUPERCED STATE LAW.
And here is where they try to flex their muscle:
10.01.400 Ejectment and Exclusion
The Director and authorized enforcement personnel shall:
(a) Have the authority to arrest, cite in lieu of arrest or
eject from the park any person acting in violation of this
chapter or the laws of the State of Oregon.
(b) Exclude from the park any person acting in violation of
this chapter or the laws of the State of Oregon.
(c) Exclusions exceeding one (1) year shall be approved by
the Director.
(Ordinance No. 96-659A, Sec. 1.)
OHHh... booga booga.
10.01.410 Seizure of Property
The Director and any authorized enforcement personnel shall have
the authority to seize and confiscate any property, thing or
device, including but not limited to motor vehicles and chain
saws, used in violation of this chapter.
(Ordinance No. 96-659A, Sec. 1.)
Good luck with that.. your firearms restriction is null and void. Try to take my stuff (sidearm) and I'll have you charged with theft.
10.01.600 Penalties
Any person convicted of a violation of this chapter shall be
punished by a term of not more than one (1) year in jail or by a
fine of not more than $500, or both. Each day of a continuous
violation of this chapter shall be considered a new, separate and
distinct violation. Restitution shall be made in cases involving
damage or destruction to park property or improvements.
(Ordinance No. 96-659A, Sec. 1.)
Ditto.
10.01.610 Bail and Fine Collection
The Circuit Court of the metropolitan region judicial districts
of all three (3) Circuit Courts (District 4 Multnomah County;
District No. 5 Clackamas County; or District 20 Washington
County) shall be responsible for the collection of any bails
and/or fines set for penalties described in this chapter. Any
bail or fine remaining after disbursement through the Circuit
Court shall be returned to Metro for training of authorized
enforcement personnel.
(Ordinance No. 96-659A, Sec. 1. Amended by Ordinance No. 02-978,
Sec. 1.)
I got an idea... how about you start with training your administrators as to applicability of state law and the limitations on METRO's authority to regulate firearms thereunder?