1986-08239-Ordinance No. 86-049 Recorded 4/30/1986...- .a -.ire• � a • e
• . .o tj.--......,wci.F..4„� o.. ..a a.::n�.�^'.Sr 7il'1'Fl:t��i ... !.!7:iQ
8G_ 8239
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTIa OREGON
I.
An Ordinance Adopting General J
Provisions For Interpreting
And Applying Ordinances of * �. xI
Deschutes County, And Declar-
ing An Emergency.
�Y
ORDINANCE N0. 86-049 n
V1; 71 FACE 679
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. The following words and phrases, whenever used
in the ordinances of Deschutes County, Oregon, shall be construed
as defined in this Ordinance, unless from the context a different
meaning is intended or unless a different meaning is specifically
defined and more particularly directed to the use of such words
or phrases:
1. "Abate" means to stop or cause to end.
2. "Adult" means a person 18 years of age or older.
3. "Alfalfa" means the community know by that name located
east of Bend in Deschutes County, Oregon.
4. "Agent" means a person who acts for another.
5. "Animal Control" means the Animal Control unit of the
Deschutes County Sheriff's Department and its activi-
ties related to control of animals in Deschutes County.
6. "Annual" means yearly.
7. "Applicant/Application" means the person who applies,
and the process for applying, for a franchise, license,
permit or other benefit or privilege given by the
County.
8. "Assessor" means the elected Deschutes County Assessor
and the Assessor's department.
9. "Bend" means the incorporated city of Bend, in Des-
chutes County.
10. "Board" means the Board of County Commissioners of
Deschutes County.
1 - ORDINANCE NO. 86-049
r
; .• de ..,. :-V# .— ..:..K .a....60!* A*. . ......w
VOL 71 PAGE 600
11. "Bond" means an amount of money paid to guarantee the
performance of an obligation, or an interest-bearing
certificate of indebtedness.
12. "Brothers" means the community known by that name
located in the southeastern section of Deschutes
County.
13. "Chair/Chairman" means the chairperson of the Board of
County Commissioners of Deschutes County.
14. "Child/Children" means a person or persons under the
age of 18 years.
15. "Claim" means a demand for or an assertion of the right
to something belonging to a person.
16. "Clerk" means the elected Deschutes County Clerk and
the Clerk's department.
17. "Commission" means the Board of County Commissioners of
Deschutes County.
18. "Commissioner" means one of the elected members of the
Board of County Commissioners of Deschutes County.
19. "Community Development" means the department of Des-
chutes County consisting of the Planning, Building
Safety and Environmental Health Divisions.
20. "Complaint" means a grievance expressed by a person,
orally or in writing.
21. "Confidential" means not subject to public disclosure.
22. "Contract" means a written agreement between two or
more persons to perform certain acts for compensation.
23. "Corrections" means the Corrections unit of the Des-
chutes County Sheriff's Department and its activities
related to the Deschutes County Jail and its inmates.
24. "County" means Deschutes County.
25. "Court" means any of the courts of the State of Oregon.
26. "Culver" means the community known by that name located
north of Bend in Deschutes County.
27. "Data Processing" means the unit of the Deschutes
County Administrative Services Department providing
data processing services for Deschutes County.
2 - ORDINANCE NO. 86-049
wx ?i rka 681
28. "Day" means a calendar day.
29. 'Deputy" means a person appointed by an elected offi-
cial of Deschutes County as a substitute for the
elected official with power to act in the elected
official's place.
30. "Deschutes County" means Deschutes County, Oregon.
31. "Detention" means the holding of a person in the cus-
tody of Deschutes County.
32. "Director" means an employe of Deschutes County who
serves under the Board of County Commissioners as the
administrative head of a county department.
33. "District" means a geographic area within Deschutes
County, or which includes area in Deschutes County and
one or more contig>>ous counties, established as a
political subdivision under state law to carry out one
or more public functions, such as a vector control
district.
34. "District Attorney" means the elected Deschutes County
District Attorney and the District Attorney's depart-
ment.
35. "Elections" means the division of the Deschutes County
Clerk's department responsible for administering elec-
tions within Deschutes County.
36. "Elector" means a person registered to vote in Des-
chutes County.
37. "Employe" means a person employed for compensation.
38. "Federal" means relating to the government and laws of
the United States.
39. "Following" means the next after.
40. "Foreclosure" means a legal procedure by which a per-
son's interest in real property is extinguished for
failure to perform an obligation.
41. "Forfeiture" means a legal procedure by which a per-
son's property is confiscated as a penalty.
42. "Hampton" means the community known by that name lo-
cated in the southeastern sector of Deschutes County.
3 - ORDINANCE NO. 86-049
a 71 P= 682
43. "Hazardous" means actually or potentially harmful.
44. "Health/Health Department" means the Deschutes County
Health Department.
45. "Hearings Officer" means the person appointed by the
Board of County Commissioners of Deschutes County to
conduct hearings and issue written decisions concerning
designated disputes involving the interpretation or
application of the law of Deschutes County.
46. "Infraction" means a violation of a Deschutes County
ordinance punishable by a fine.
47. "Jail" means the Deschutes County Jail.
48. "Juvenile" means a person under the age of 18 years.
49. "Juvenile Department" means the department of Deschutes
County responsible for providing services to the Des-
chutes County Juvenile Court and juveniles who come
before the court.
50. "LaPine" means the community known by that name located
south of Bend in Deschutes County.
51. "Law" means applicable provisions of the United States
and Oregon Constitutions, the United States Code, the
Oregon Revised Statutes, the ordinances of Deschutes
County and, when appropriate, rules and regulations
which may be promulgated thereunder.
52. "Law Library" means the Deschutes County Law Library.
53. "Lease" means a written contract by which a person
conveys to another person interest in property for a
specific period of time.
54. "Legal Aid" means the office in Deschutes County which
provides legal services to indigent Deschutes County
residents.
55. "Legal Counsel" means the person appointed by the Board
of County Commissioners of Deschutes County to provide
legal advice to the Board and county officers and
employes, and the Legal Counsel's department.
56. "Legislature" means the Legislative Assembly of the
State of Oregon.
57. "Library" means the Deschutes. County Library.
- ORDINANCE NO. 86-049
va 71 Face 683
58. "License" means a written document which gives a person
permission for an activity or use specified in the
license.
59. "Lien" means a security interest placed on property to
guarantee the satisfaction of a debt.
;..,. 60. "Livestock" means animals kept or raised for use or
profit.
61. "May" means permissive and is the opposite of "shall".
62. "Mental Health" means the Mental Health Services De-
partment of Deschutes County.
63. "Meeting" means the convening of the Board of County
Commissioners of Deschutes County, or any committee
established for the purpose of advising the Board, in
order to make a decision or recommendation or to de-
liberate toward a decision or recommendation.
64. "Millican" means the community known by that name
located southeast of Bend in Deschutes County.
65. "Minor" means a person under 18 years of age.
66. "Month" means a calendar month.
67. "Motor Vehicle" means any vehicle that is self-pro-
pelled or designed for self -propulsion.
68. "Notice" means written announcement of a fact, action
or event.
69. "Nuisance" means a condition which creates a hazard to
the health and safety of the public, or which creates
offensive noise, odors or is unsightly.
70. "Oath" means an affirmation or declaration by a person
of the truth of what is said or written.
71. "Occupant" means a person who physically occupies a
place.
72. "Officer/Official" means a person who holds a Deschutes
County office.
73. "Order" means a written directive or command of the
Board of County Commissioners of Deschutes County.
74. "Ordinance" means a written decree adopted by the Board
5 - ORDINANCE NO. 86-049
VOL 71 TACE 684
of County Commissioners of Deschutes County setting
forth the law of Deschutes County.
75. "Oregon" means the State of Oregon.
76. "Owner" means any person who has title to property, and
includes any part owner, joint owner, tenant in common,
joint tenant, and tenant by the entirety.
77. "Permanent" means existing or intended to exist indef-
initely, and is the opposite of "temporary".
78. "Permit" means a written document giving permission for
an activity or use specified in the permit.
79. "Person" means a natural person, joint venture, joint
stock company, partnership, association, club, company,
corporation, business, firm, trust, organization,
agency, or the manager, lessee, agent, servant, officer
or employe of any of them.
80. "Personal Property" means all chattels and movables,
such as boats and vessels, merchandise and stock in
trade, furniture and personal effects, goods, live-
stock, vehicles, farming implements, movable machinery,
movable tools and movable equipment.
81. "Personnel" means the unit of the Deschutes County
Administrative Services Department responsible for
administering the county's personnel matters.
82. "Planning" means the Planning Department within the
Deschutes County Community Development Department.
83. "Planning Commission" means the Deschutes County Plan-
ning Commission.
84. "Preceding" means the next before.
85. "Private" means accessible or belonging to a person or
persons, and is the opposite of "public".
86. "Property" means real and personal property.
87. "Public" means accessible or belonging to all members
of the community, and is the opposite of "private".
88. "Public Works" means the department of Deschutes County
consisting of the Road Maintenance, Equipment Mainten-
ance, Solid Waste and Engineering Divisions.
6 - ORDINANCE NO. 86-049
VOL 71 FACE 605
89. "Real Property" means land, buildings, structures,
improvements and fixtures, mines, minerals, quarries,
vegetation, timber and water rights.
90. "Record" means an official document which records
official acts, or the act of creating such a record.
91. "Redmond" means the incorporated city of Redmond in
Deschutes County.
92. "Resident" means a person who lives or dwells in a
place continuously and permanently.
93. "Resolution" means a written decree of the Board of
County Commissioners of Deschutes County expressing the
Board's will or intention with respect to the subject
of the resolution.
94. "Road/Street/Highway" mean any open way for vehicles or
persons, including all streets, highways, avenues,
lanes, alleys, courts, places, or other public ways
which have been or may be dedicated and open to public
use.
95. "Sanitarian" means the person appointed by the Board of
County Commissioners of Deschutes County who is respon-
sible for supervising and assuring environmental sani-
tation with the County, including sanitation in public
accommodations, wells, septic tanks and drainfields.
96. "Search and Rescue" means the Search and Rescue unit of
the Deschutes County Sheriff's Department.
97. "Shall" means mandatory and is the opposite of "may".
98. "Sheriff" means the elected Sheriff of Deschutes County
and the Sheriff's Department.
99. "Sisters" means the incorporated city of Sisters in
Deschutes County.
100. "Sidewalk" means that portion of a street or road
between the curbline and the adjacent property line
intended for the use of pedestrians.
101. "State" means the State of Oregon. -
102. "Sunriver" means the community known by that name
located south of Bend in Deschutes County.
103. "Tax" means monies levied by Deschutes County against
real and personal property and businesses within the
7 - ORDINANCE NO. 86-049
.., *11. „' I _ _;+.n. -.s, F• !.—•.. _h,. 's -..oma r li+)�R.,
va 71 Fac[ 686
county to provide revenue for the operation of county
government and the provision of county services.
104. "Tax Collector" means the person appointed by the Board
of County Commissioners of Deschutes County to collect
taxes and the Tax Collector's department.
105. "Temporary" means existing or intended to exist for a
limited time, and is the opposite of "permanent".
106. "Tenant" means a person who occupies a place belonging
to another person for a specific period of time through
a lease, rental agreement, license or similar arrange-
ment.
107. "Terrebonne" means the community known by that name
located north of Bend in Deschutes County.
108. "Treasurer" means the elected Treasurer of Deschutes
County and the Treasurer's department.
109. "Tumalo" means the community known by that name located
north of Bend in Deschutes County.
110. "Urban Growth Boundary" means the boundary established
in the Deschutes County Comprehensive Lane Use Plan Ior
urban development in and around each of the incorpo-
rated cities within Deschutes County.
111. "User" means a person who employs or makes use of a
place or thing.
112. "Veterans' Services" means the Deschutes County depart-
ment which provides services to veterans residing .in
Deschutes County.
113. "Warrant" means a written document which authorizes the
payment of money by the county to a person, or which
evidences the existence of a lien held by the county
against the property of a person.
114. "Watermaster" means the person appointed by the Board
of County Commissioners of Deschutes County, Oregon,
who is responsible for regulating the distribution of
water within Deschutes County according to water users'
existing recorded water rights.
115. "Wickiup Junction" means the community known by that
name located south of Bend in Deschutes Cc-unty.
116. "Written" means produced in permanent visible form,
8 - ORDINANCE NO. 86-049
vot 71 FAcE 687
including printed, typewritten, mimeographed, photo-
copied or handwritten in ink.
117. "Year" means a calendar year.
Section 2. Title of Office. Use of the title of any offi-
cer, department head, employe, department, division, committee or
commission means that officer, department head, employe, depart-
ment, division, committee or commission of Deschutes County.
Section 3. Interpretation of Language. All words and
phrases not specIfically defined in tFis ordinance or elsewhere
in the ordinances of Deschutes County shall be construed accord-
ing to the common and approved uoaSe of the words or phrases.
However, technical words and phrases and such others as may have
acquired a particular meaning in the law shall be construed and
understood according to such particular meaning.
Section 4. Grammatical Interpretation. The following
grammatical rules app y to the ordinances of Deschutes County,
unless it is apparent from the context that a different construc-
tion is intended:
1. Gender. EL-zh gender includes the masculine, feminine
and neuter genders.
2. Singular and Plural. The singular number includes the
plural and the plural includes the singular.
3. Tenses. Words used in the present tense include the
past and future tenses and vice versa.
Section 5. Acts by A ents. When an act is required or
prohibited y an ordinance of Deschutes County, and the act is
such that it may be performed by an agent, such requirement or
prohibition shall be construed to include all such acts narformed
by an agent as well as by the person for whom the agent acts.
Section 6. Prohibited Acts Includinq Causinq And Permit -
tin. Whenever in the ordinances of Deschutes County any act or
omission is made unlawful, the unlawful conduct shall include
causing, allowing, permitting, aiding, abetting, suffering or
concealing the fact of such act or omission.
Section 7. Computation of Time. Except when otherwise
provided, the time within which an—act is required to be done
shall be computed by excluding the first day and including the
last day, unless the last day is a Saturday, Sunday, legal holi-
day or any day on which the county is not open for business
pursuant to a county ordinance, in which case it shall also be
excluded.
9 - ORDINANCE NO. 86-049
,i Py ijK&� ? 1 i fJ •� 4.� klt�� t+''���t[[t�` �al< _+, { % i a �1-,. �il, 4 H.•�t a
t; iy. - + S � Y .. r a+L 1••'j��{ tc ,. t 'tq.+�.Z,11• U S A �n� ff " y t•sr �. � .{
.. �/{ns+.al�_4, ::.;.a-_ m..;...5 _.,w{ -r_. ...u.•.::.c.....a.o.<..:--'�,..-,e�:.aaa:;..t+.�e..»:iti�i�s�.Wc,.L�;u.n.:.;: "
VOL 71 FACE 688
Section 8. General Construction. The ordinances, of Des-
chutes County, and all proceedings under them, are to be con-
strued in order to carry out their objectives and to promote
justice.
Section 9. Repeals. The repeal of an ordinance of Des-
chutes County shall not repeal any repealing clause of such
ordinance or revive any ordinance which has been repealed there-
by. The repeal of such ordinance shall not release or extinguish
any nuisance, penalty, forfeiture, or liability incurred under
such repealed ordinance, and such repealed ordinance shall be
treated as still remaining in force for the purpose of sustaining
any proper action or prosecution for the abatement of such nui-
sance, or the enforcement of such penalty, forfeiture or liabil-
ity.
Section 10. Severability. It shall be considered the
intent of the Board of County Commissioners of Deschutes County
that in the enactment of any ordinance, if any part of the ordi-
nance is found to be unconstitutional or invalid by a court of
competent jurisdiction, the remaining parts of the ordinance
shall remain in force unless:
1. The ordinance provides otherwise;
2. The remaining parts are so essentially and inseparably
connected with and dependent upon the unconstitutional or
invalid part that it is apparent that the remaining parts
would not have been enacted without the unconstitutional or
invalid part; or
3. The remaining parts, standing alone, are incomplete and
incapable of being carried out in accordance with the
Board's intent.
Section 11. Reference To Other Ordinances. When one ordi-
nance refers to snot er, the reference shall extend to or in-
clude, in addition to the ordinance to which reference is made,
all amendments thereto or ordinances adopted in lieu thereof,
unless a contrary intent is expressed specifically, or unless the
amendment to, or ordinance adopted in lieu of, the ordinance
referred to is substantially different from the provisions of the
ordinance to which reference was originally made.
Section 12. This Ordinance being necessary for the imme-
diate preservation of the public peace, health and safety, an
emergency is declared to exist, and this Ordinance takes effect
on its passage.
10 - ORDINANCE NO. 86-049
DATED this J�lAd day of April, 1986..
BOARD OF COUNTY
OF SCHWES CO
F CHES
S 'Co
LO BR TOW
PR
B W PR
ATTEST:
LAUREt
RACI&V" C ecordIng Secretary DIK MAUD
11 ORDINANCE NO. 86-049
VOL .71 PAGE 689
COMMISSIONERS
OREGON
�7,47
NTE, Chair
LE, Commissioner
ommissioner