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Council adopts ordinance creating 'Recreational Property' chapter to limit nonrecreational uses on posted city properties

June 02, 2025 | The Dalles, Wasco County, Oregon


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Council adopts ordinance creating 'Recreational Property' chapter to limit nonrecreational uses on posted city properties
The Dallas City Council unanimously adopted General Ordinance 25‑1415 on Wednesday, creating a new chapter 5.03 of the Dallas Municipal Code titled "Recreational Property." The ordinance allows the city to post improved recreational properties as day‑use only for recreational activities under state law and requires permits for certain non‑recreational or exclusive uses.

City Manager Matthew Clebs and City Attorney Jonathan briefed the council on the rationale: recent court decisions and litigation have placed Oregon’s recreational immunity doctrine under strain, and the city’s insurer, the City County Insurance Service (CIS), recommended caution. Clebs described the issue to the council: "Over the last couple years, recreational immunity has been a hot topic... CIS, the City's insurer, has recommended that the best course of action when recreational immunity is in this kind of turmoil is to close your improved recreational property," he said, explaining the city sought a legal mechanism that would allow continued public access while limiting liability exposure.

Under the new chapter, the ordinance applies only to property the city posts with the required signage; posted property will be available for uses classified as recreational under Oregon law (hiking, picnicking, boating, nature study, certain volunteer projects and similar activities). The ordinance sets two explicit exceptions: electric vehicle charging stations on city property and designated pedestrian paths used for direct transportation across a posted property. For any other non‑recreational or exclusive use of a posted recreational property, a permit will be required.

City Attorney Jonathan advised the council that there was a small drafting error in the packet and that staff moved to adopt the ordinance as amended to remove references to "exclusive use" from the definition of a permit so the code would read as intended. That amendment was included in the motion the council adopted.

Key permit and enforcement details included in the ordinance and staff presentation:
- A single‑day permit is available per person per week; no more than 10 single‑day permits may be issued in a month.
- A multi‑day permit may be issued for up to five consecutive days; a multi‑day event is defined as a gathering of at least 100 people per day.
- Permitted non‑recreational uses will require minimum insurance and indemnity to protect the city; specific fee amounts will be added to the city fee schedule in a June 9 update.
- The city will use education as the first enforcement step; civil penalties are set at up to $1,000 per violation for individuals and up to $2,000 per violation for corporations.

Staff said they intend the ordinance to be in effect immediately on adoption to mitigate potential liability while the legal environment develops. Clebs emphasized the ordinance is intended to complement, not change, whatever recreational immunity the state provides; it restricts non‑recreational uses on posted city property and requires appropriate insurance for permitted activities.

Council discussion and public comments touched on several practical concerns: coordination with Northern Wasco County Parks and Recreation for consistent rules; how the ordinance would be applied at local sites such as Lewis and Clark Park, the Rockford site and a future Federal Street Plaza; how the cruise ship/excursion activities might be handled (staff said coordination would remain with the city for terminal operations and the contractor would liaise with cruise operators); and the importance of making signage and application materials clear and user‑friendly.

Councilor McLaughlin moved to adopt the ordinance as amended; Councilor Bridal seconded. The council voted unanimously to adopt Ordinance 25‑1415 as amended. Staff will add the new permit fees to the city fee schedule at the June 9 meeting and begin posting signage on affected properties.

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Scribe from Workplace AI
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