1990-36794-Ordinance No. 90-040 Recorded 12/7/19901 1 vE ED
90-36'79 L
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC OUNTY"--ORE0
An Ordinance Amending
Chapter 9.08, Discharge of
Firearms, Deschutes County
Code, and Declaring an
Emergency. * s�
ORDINANCE NO. 90-040
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Chapter 9.08, Discharge of Firearms, is amended
to read as set forth in Exhibit "A," attached hereto and by this
reference incorporated herein.
Section 2. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Ordinance takes effect on its
passage.
Q, DATED this day of , 1990.
BOARD OF COUNTY COMMISSIONERS
OF DESCHU ES COUN , OREGON
aT Z LOIS B T W PRANTE, Commissioner
la.,LD
.9
AV* T." T 70OP,
it
ecording S cretary DICK MAUDLIN, Commissioner
,,..;,�,
1 - 1.
ORDINANCE NO. 90-040 "'� INCHED
0 1990
Chapter 9.08
DISCHARGE OF FIREARMS
Sections:
9.08.010 Definitions.
9.08.020
Discharge of firearms
prohibited.
9.08.030
Exemptions to chapter
applicability.
9.08.040
Restricted areas --Formation
procedure.
9.08.050
Petitions --Requirements.
9.08.060
Petitions --Ti melimit for
securing signatures.
9.08.070
Petitions--Hearing--Notice.
9.08.080
Petitions--Formationof
restricted areas.
9.08.090 Violation --Penalty.
9.08.010 Definitions.
For the purposes of this chapter, unless
otherwise apparent from the context, certain
words and phrases used in this chapter are
defined as follows:
A. 'Board" means the Board of
Commissioners of Deschutes County, Oregon.
B. 'Restricted area" means an area
restricted pursuant to the provisions of this
chapter. (Ord. No. 90-040 § 1, 1990; Ord. 203-
5 § 3, 1975)
9.08.020 Discharge of firearms
prohibited.
No person shall fire or discharge any weapon
which acts by force of explosive, except as
provided in Section 9.08.030 of this chapter,
within an area designated as a restricted area
pursuant to Section 9.08.080 of this chapter.
(Ord. 203-5 § 1, 1975)
9.08.030 Exemptions to chapter
applicability.
Sections 9.08.020 of this chapter shall not
apply to:
EXHIBIT "A" 105 - 1343
A. A person acting in defense or
protection of his property or of an individual;
B. A peace officer acting in the course of
his duty;
C. A lawfully established firing range;
D. Land owned by Deschutes County, the
State of Oregon or the United States of
America;
E. Land covered with water up to the
mean high water mark. (Ord. 90-040 § 1, 1990;
Ord. 203-5 § 2, 1975)
9.08.040 Restricted areas --
Formation procedure.
A proposal for formation of a restricted area
shall be made by petition. The petition shall
contain the following:
A. A description of the boundaries of the
proposed restricted area, which shall be a
recorded subdivision, contiguous subdivisions,
town plat or combination thereof.
B. A statement that the area is proposed
to be restricted pursuant to the provisions of
this chapter.
C. The signatures of not less than sixty
percent of the registered voters resident within
the territory proposed to be restricted. (Ord.
90-040 § 1, 1990; Amendment to Ord. 203-5
passed 12/1/76; Ord 203-5 § 4, 1975)
9.08.050 Petitions --Requirements.
A. Each person signing a petition shall also
print his name on the petition and shall add
after his signature his place of residence giving
street and number or a designation sufficient to
enable the place of residence to be readily
ascertained.
B. After a petition has been offered for
filing a person may not withdraw his name
therefrom.
C. A petition may designate not to exceed
three persons as chief petitioners, setting forth
their names and mailing addresses. A petition
may consist of a single instrument or separate
counterparts. (Ord. 203-5 § 5, 1975)
158
9.08.060 Petitions--Timelimit for
securing signatures.
A. A petition shall not be accepted for
filing unless the signatures thereon have been
secured within six months of the date on which
the first signature on the petition was affixed.
The petition shall be filed with the county
clerk.
B. The petition shall be accompanied by
a sum of money determined by the board of
sufficient to cover the expenses of the
formation of the district.
C. Within ten days after the date the
petition is offered for filing, the county clerk
shall examine the petition and determine
whether it is signed by the requisite number of
qualified signers. If the requisite number of
qualified signers have signed the petition, the
clerk shall forward the petition to the board.
IF the requisite number have not signed the
petition, the clerk shall notify the chief
petitioners and may return the petition to the
petitioners.
D. A petition shall not be filed unless the
certificate of the county clerk is attached
thereto certifying that he has compared the
signatures of the signers with the appropriate
records; that he has ascertained therefrom the
number of qualified signers appearing on the
petition and that the petition is signed by the
requisite number of qualified signers. (Ord.
203-5 § 6, 1975)
9.08.070 Petitions--Hearing--Notice.
A. Following receipt of the petition from
the county clerk, the board shall set a date for
hearing not less than twenty days nor more
than fifty days after the date the petition is
received by the board.
B. The board shall cause notice of the
hearing to be posted in at least three public
places within the proposed restricted area and
published once by insertion in a newspaper of
general circulation in the restricted area not
less than seven nor more than fourteen days
prior to the date set for hearing. The notice
shall state:
105 -,-' 1344
1. The purpose for which the district is
being formed;
2. The boundaries for the proposed
district.
3. The time and place set for hearing.
4. That all interested parties may appear
and be heard and that notice be given to the
non-appearingregistered voters within the area
omitted. The hearing may not be continued for
more than fifteen days. (Ord. 90-040 § 1, 1990;
Ord. 203-5 § 7, 1975)
9.08.080 Petitions --Formation
of restricted areas.
If after hearing the petition the board
determines that the area would benefit by the
restrictions of this chapter, it may enter an
order stating that the area petitioned to be
restricted, and as may be amended, shall be
subject to the provisions of this chapter. The
order shall take effect immediately upon
passage. (Ord. 90-040 § 1, 1990; Ord. 203-5 §
8, 1975)
9.08.090 Violation --Penalty.
Violation of any provision of this chapter is
a Class A infraction. (Ord. 83-014 § 1, 1983;
Ord. 203-5 § 9, 1975)
159