1992-24132-Ordinance No. 92-022 Recorded 7/8/199292-24132
L COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, O�E�Q
An Ordinance Declaring Certain 92 JUL -8 PM 1: 2
Vehicles Nuisances; Providing * fi i I i"f{'r i^ '
for the Forfeiture of the * U i ,E, CLERK
LL V`
Vehicles; Declaring an Emergency;
and Providing an Effective Date. * 1
ORDINANCE NO. 92-022 0118-1142
WHEREAS, motor vehicles operated on highways by drivers whose
operators' licenses have been suspended or revoked or in violation of
a hardship or probationary permit in violation of ORS 811.182 result in
danger to persons and property and constitute a nuisance; and
WHEREAS, motor vehicles operated on highways and premises open to
the public by drivers who have violated ORS 813.010, Driving Under the
Influence of Intoxicants, who have a previous conviction for Driving
Under the Influence of Intoxicants or participated in a driving under
the influence diversion or statutory counterparts in any state within
10 years before the date of the driver's arrest or citation, or who
have previously committed certain crimes involving motor vehicles,
result in a danger to persons and property and constitute a nuisance;
and
WHEREAS, this ordinance provides a means by which the nuisance
resulting from the presence of these vehicles on highways and premises
open to the public may be abated; and
PAGE 1 - ORDINANCE NO. 92-022 (7-8-92) EKED
J` 4.
. s
0118-1143
WHEREAS, the County has authority to enact this civil regulation,
applicable to unincorporated Deschutes County, Oregon, by virtue of ORS
203.035; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS AS FOLLOWS:
Section 1. Title 10, Vehicles and Traffic, is hereby amended by
the addition of Chapter 10.20, Vehicle Nuisances - Forfeiture, which
reads as follows:
10.20.010 Certain Vehicles as Nuisances.
The following motor vehicles are hereby declared to be
nuisances and subject to forfeiture:
A. A motor vehicle operated by a person whose
operator's license is suspended or revoked or in violation of
a hardship or probationary permit in violation of the
provisions of ORS 811.182; and
B. A motor vehicle operated by a person under the
influence of intoxicants in violation of ORS 813.010, where
the person has:
a. Participated in a driving under the influence of
intoxicants diversion program as provided for by the Oregon
Revised Statutes, or its statutory counterparts in any
jurisdiction within ten years prior to arrest or citation; or
b. Been convicted or forfeited bail or security within
the previous ten years of:
1. Driving Under the Influence of Intoxicants under
ORS 813.010 or its statutory counterpart in any jurisdiction;
or
2. Any degree of murder, manslaughter, criminally
negligent homicide or assault resulting from the operation of
a motor vehicle, or statutory counterparts in any
jurisdiction; or
3. Any crime punishable as a felony with proof of a
material element involving the operation of a motor vehicle,
or statutory counterparts in any jurisdiction; or
4. Failure to perform the duties of a driver under ORS
811.705 or its statutory counterpart in any jurisdiction; or
5. Reckless driving under ORS 811.140 or its statutory
counterpart in any jurisdiction; or
PAGE 2 - ORDINANCE NO. 92-022 (7-8-92)
0118-1144
6. Fleeing or attempting to elude a police officer
under ORS 811.540 or its statutory counterpart in any
Jurisdiction; or
7. Any degree of recklessly endangering another
person, menacing or criminal mischief resulting from the
operation of a motor vehicle, or statutory counterparts in
any jurisdiction; or
8. Failure to perform the duties of a driver under ORS
811.700 while driving a commercial motor vehicle or its
statutory counterpart in any jurisdiction; or
C. Has habitual offender status under ORS 809.640 or
its statutory counterpart in any jurisdiction.
10.20.020 Impoundment.
Any vehicle declared a nuisance and subject to
forfeiture by this chapter may be impounded at the time of
arrest or citation of the driver for:
A. Criminal driving while suspended or revoked or in
violation of a hardship or probationary permit in violation
of ORS 811.182; or
B. Driving under the influence of intoxicants in
violation of ORS 813.010.
10.20.030 Forfeiture Proceedings.
All forfeiture proceedings pursuant to this Chapter
shall be conducted in accordance with Sections 1 to 14 and 22
Chapter 791, Oregon Laws, 1989, as amended by Chapters 218,
237, 276, 291, 791, 800 and 924, Oregon Laws, 1991.
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 August 1, 1992.
DATED this 8th day of July, 1992.
ATTEST:
. baAm=e.2 -hq, &-,c,,,4
Recording Secretary
BOARD OFICOUNTY COMMISSIONERS
OF DES TES COUNTY, OREGON
NANCY
, ivuopmi.ssionpr
, Commissioner
WPM
WIN, Chairm—an
PAGE 3 - ORDINANCE NO. 92-022 (7-8-92)