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1993-33296-Ordinance No. 93-050 Recorded 9/22/1993T)VJQ 93-33296 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Chapter 9.08, * w "Discharge of Firearms," of the Deschutes *"Cn County Code to designate the Deschutes River Restricted Area and Declaring an Emergency. * `� ORDINANCE 93-050 _L14 j L o ✓ry x '- -^"' THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OCG©N, ORDAINS as follows: Section 1. ADOPTION. 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. MAP. The Board shall cause to be filed with the County Clerk's office a map suitable for reproduction showing the boundaries of the Deschutes River restricted area, as described in Deschutes County Code Section 9.08.085, adopted herein. Section 3. DELETIONS AND ADDITIONS. Code provisions or portions thereof that are to be deleted as a result of the adoption made under Section 1 of this ordinance are shown in brackets; provisions that are being added are shown in bold-faced type. Section 4. SEVERABILITY. The provisions of this ordinance are severable. If any section, sentence, clause, or phrase of this ordinance or any exhibit thereto is adjudged to be invalid by a court of competent jurisdiction that decision shall not affect the validity of the remaining portions of this ordinance or exhibit thereto. Section 5. EMERGENCY. 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. DATED this 22nd day of September 1993. BOARD OF COMMISSIONERS OF DESCRU�OUNTY ES COUNTY, OREGON A E NAN POPE / GE , Commissio / ' _ l(i✓ Recording Secretary BARRY H. ST. 3HT R, Commissioner 1 - ORDINANCE NO. 93-050 (9/22/93) KCHED i.i Y�AEC 21993 ? �L J EXHIBIT "A" Chapter 9.08 DISCHARGE OF FIREARMS Sections: procedure. 9.08.010 Definitions. 9.08.020 Discharge of firearms prohibited. 9.08.030 Exemptions to chapter 9.08.080 applicability. 9.08.040 Restricted areas -Formation 9.08.085 Deschutes River corridor restricted area. 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 or an area designated as restricted in this chapter. C. "River miles" refers to mileage measured along the river, with reference to river mile designations shown on 1981 photorevised USGS quadrangle maps of the areas in question. 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 or designated as a restricted area in this chapter. 9.08.030 Exemptions to chapter applicability. Section 9.08.020 of this chapter shall not apply to: 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. 9.08.040 Restricted areas. A. This provision shall apply to restricted areas formed through the petition process. A restricted area formed by petition may be formed in the following areas, subject to petition and signature requirements set forth in section 9.08.050 of this chapter, provided that the properties within a single proposed district are contiguous: [GAL Recorded subdivisions or town plats; or [(2)]2. Individual lots outside of recorded subdivisions or town plats, where such lots are contiguous to a subdivision or town plat in an existing or proposed restricted area or are contiguous to other lots included within an existing or proposed restricted area, or [(3)]3. Any combination thereof; B. No subdivision or town plat shall be eligible for such designation unless 60 percent of the registered voters within such subdivision or combination of subdivisions sign the petition proposing such district. C. No individual lot not covered by a town plat or recorded subdivision plat shall be eligible for inclusion in a proposed restricted area unless the owner of such lot signs a petition requesting such designation. Determination of ownership shall be made using the most recent property tax assessment roll. Recent purchasers must provide a certified copy of a deed. D. Except as set forth in subsection B of 1 — EXHIBIT "A" TO ORDINANCE NO. 93-050 (9/22/93) procedure. 9.08.050 Petitions -Requirements. 9.08.060 Petitions -Time limit for securing signatures. 9.08.070 Petitions -Hearing -Notice. 9.08.080 Petitions -Formation of restricted areas. 9.08.085 Deschutes River corridor restricted area. 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 or an area designated as restricted in this chapter. C. "River miles" refers to mileage measured along the river, with reference to river mile designations shown on 1981 photorevised USGS quadrangle maps of the areas in question. 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 or designated as a restricted area in this chapter. 9.08.030 Exemptions to chapter applicability. Section 9.08.020 of this chapter shall not apply to: 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. 9.08.040 Restricted areas. A. This provision shall apply to restricted areas formed through the petition process. A restricted area formed by petition may be formed in the following areas, subject to petition and signature requirements set forth in section 9.08.050 of this chapter, provided that the properties within a single proposed district are contiguous: [GAL Recorded subdivisions or town plats; or [(2)]2. Individual lots outside of recorded subdivisions or town plats, where such lots are contiguous to a subdivision or town plat in an existing or proposed restricted area or are contiguous to other lots included within an existing or proposed restricted area, or [(3)]3. Any combination thereof; B. No subdivision or town plat shall be eligible for such designation unless 60 percent of the registered voters within such subdivision or combination of subdivisions sign the petition proposing such district. C. No individual lot not covered by a town plat or recorded subdivision plat shall be eligible for inclusion in a proposed restricted area unless the owner of such lot signs a petition requesting such designation. Determination of ownership shall be made using the most recent property tax assessment roll. Recent purchasers must provide a certified copy of a deed. D. Except as set forth in subsection B of 1 — EXHIBIT "A" TO ORDINANCE NO. 93-050 (9/22/93) this section, no individual lots owned by a political subdivision of the State of Oregon or special district shall be eligible for inclusion in a proposed restricted area unless such governmental entity or quasi -governmental entity shall have passed an ordinance consistent with the provisions of this chapter restricting the discharge of firearms on such property. E. Any area eligible to be included in a restricted area under this section may annex onto an existing firearms district by following the formation procedures set forth in this chapter. 9.08.050 Petitions -Requirements. A. Except for restricted areas designated outright in this chapter, a [A] proposal for formation of a restricted area shall be made by petition. The petition, which may consist of a single instrument or separate counterparts, shall contain the following: 1. A description of the boundaries of the proposed restricted area; 2. A statement that the area is proposed to be restricted pursuant to the provisions of this chapter; 3. At least one, and as many as three, chief petitioners, setting forth their names and mailing addresses; 4. The signatures of not less than sixty (60) percent of the registered voters of subdivisions included within the proposed restricted area; 5. The signature of each owner, or authorized representative thereof, of any individual lot outside of a recorded subdivision plat or town plat entitled to be included in a proposed restricted area; and 6. A certified true copy of any ordinance of a municipal corporation or special district with property included within the proposed boundaries designating the area to be restricted area consistent with the provisions of this chapter. B. Each person signing a petition shall, besides signing the petition, also print his name after his signature and shall add after 011208-CIlC9 his signature his place of residence, giving street and number or designation sufficient to enable the place or residence to be readily ascertained. C. After a petition has been offered for filing a person may not withdraw his name therefrom. 9.08.060 Petitions -Time limit 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 aflyd. The petition shall be filed with the county clerk. B. The petition shall be accompanied by a sum of money determined by the board as 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. 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 fifteen days nor more than forty-five days after the date the petition is received by the board. R. The board shall cause notice of the hearing to be posted in at least three public 2 — EXHIBIT "A" TO ORDINANCE NO. 93-050 (9/22/93) 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: 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, and 4. That all interested parties may appear and be heard and that notice be given to the non -appearing registered voters within the area omitted. The hearing may not be continued for more than fifteen days. 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. 9.08.085 Deschutes River corridor restricted area. A. For the purposes of this chapter, the Deschutes River restricted area, as described in this section, shall be a restricted area. The boundaries of the Deschutes River restricted area shall extend from the northern boundary of Sunriver, located at the SW 1/4 of section 20, Township 19 S., Range 11 E.W.M. (river mile 185.45) to the southern edge of the area platted as First Addition River Forest Acres subdivision, located in the SW 1/4 of Section 35, Township 20 S., Range 10 E.W.M. (river mile 203.07), except for the following excluded areas: 1. A 3.04 mile segment of the Deschutes River extending between river mile 187.70 through 190.74, more generally described as that segment of the river lying between a 0128-0 T0 point located .77 river miles upstream of Cardinal Bridge and a point located .26 river miles upstream of the confluence with Spring River; 2. A .36 mile segment of the Deschutes River extending between river miles 191.52 and 191.88, covering that area extending downstream .21 river miles from where Spring River Road crosses the river at Harper Bridge (located at river mile 191.73) and upstream .15 river miles from Harper Bridge; 3. A .35 mile segment of the Deschutes River extending between river miles 192.40 and 192.75, covering that area extending .15 river miles downstream of the confluence of the Little Deschutes River (located at river mile 192.55) and .20 river miles upstream of the confluence of the Little Deschutes River; 4. A .55 mile segment of the Deschutes River extending between river miles 198.94 and 199.49, covering that area extending .21 river miles downstream of where South Century Drive crosses the river at General Patch Bridge (located at river mile 199.15) and .34 river miles upstream of the General Patch Bridge; 5. A .15 mile segment of the Deschutes River upstream of the General Patch Bridge extending between river miles 200.00 and 200.15; 6. A .61 mile segment of the Deschutes River upstream of the General Patch Bridge extending between river miles 200.60 and 201.21; and 7. A .95 mile segment of the Deschutes River upstream of the General Patch Bridge extending between river miles 201.93 and 202.88; The restricted area shall include the beds and banks and surface of the Deschutes River segments described above that fall below the ordinary high water mark, any included islands and those adjacent lands within 150 yards from the ordinary high water mark on each side of the river. B. The areas identified herein as excluded areas shall not be restricted by the provisions of this chapter. 3 - EXHIBIT "A" TO ORDINANCE NO. 93-050 (9/22/93) C. This designation shall not affect any other pre-existing designated restricted areas. 9.08.090 Violation -Penalty. Violation of any provision of this chapter is a Class A infraction. 4 — EXHIBIT "A" TO ORDINANCE NO. 93-050 (9/22/93)