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Council advances first reading of parks ordinance update after debate over emergency clause

5814600 · June 3, 2025
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Summary

Council held first reading of Ordinance 8‑76 to update park rules (alcohol, golf carts, tobacco exceptions) after an earlier single‑meeting adoption effort failed. Council later directed staff to return with an amended ordinance including an emergency clause at the second reading.

The Umatilla City Council held the first reading of Ordinance 8‑76, an update to Title 7, Chapter 6 of the Umatilla Municipal Code that would change park rules to authorize alcohol sales and service during community events at Marina Park, create an exemption for alcohol consumption at Big River Golf Course and Umatilla Marina and RV Park, permit golf carts at the golf course and provide a tobacco‑use exception at certain locations.

Staff summarized the history: the council had previously considered Ordinance 8‑75 at a May 20 meeting using an accelerated single‑meeting adoption and an emergency clause; that vote failed to get the unanimous support required for single‑meeting adoption. Legal counsel advised that whether an emergency exists for an emergency clause is a legislative question and not subject to judicial fact‑finding, citing a state supreme‑court opinion referenced in staff materials. Because some councilors expressed procedural concerns about single‑meeting adoption and immediate effect, staff drafted 8‑76 to proceed through a traditional two‑reading process without an emergency clause.

During discussion, several councilors said they preferred quicker resolution because staff viewed the discrepancy between code and current practice at the golf course (alcohol sales under a valid OLCC license) as a liability exposure. Legal counsel explained that the timing of corrective action could be relevant to potential negligence claims if an incident occurred while the code and practice diverged.

Council later voted to direct staff to bring back Ordinance 8‑76 in two weeks amended to include an emergency clause so that, if approved, it could take effect immediately upon adoption.