1995-17137-Ordinance No. 95-030 Recorded 5/18/199595-1'713'7
REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 5,
Business Licenses and Regulations,
of the Deschutes County Code and
Declaring an Emergency.
ORDINANCE NO. 95-030 0146-0983
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Amendment. Title 5, "Business Licenses and
Regulations," as amended and as presented here in its codified form is
further amended to read as set forth in Exhibit "A," attached hereto
and by this reference incorporated herein, with new language in bold
type and deletions noted in brackets.
Section 2. Severability. The provisions of this ordinance are
severable. If any section, sentence, clause or phrase of this
ordinance 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.
Section 3. Codification. County Legal Counsel shall have the
authority to format the provisions contained herein in a manner that
will integrate them into the County Code consistent with the Deschutes
County Form and Style Manual for Board Documents. Such codification
shall include the authority to make such changes, to make changes in
numbering systems and to make such numbering changes consistent with
interrelated code sections. In addition, as part of codification of
these ordinances, County Legal Counsel may insert appropriate
legislative history reference. Any legislative history references
included herein are not adopted as part of the substance of this
ordinance, but are included for administrative convenience and as a
reference. They may be changed to correct errors and to conform to
proper style without action of the Board of County Commissioners.
Section 4. Repeal of Ordinances as Affecting Existing
Liabilities. The repeal, express or implied, of any ordinance,
ordinance provision, code section, or any map or any line on a map
incorporated therein by reference, by this amending ordinance shall not
release or extinguish any duty, condition, penalty, forfeiture, or
liability previously incurred or that may hereafter be incurred under
such ordinance, unless a provision of this amending ordinance shall so
expressly provide, and such ordinance repealed shall be treated as
still remaining in force for the purpose of sustaining any proper
action or prosecution for the enforcement of such duty, condition,
penalty, forfeiture, or liability, and for the purpose of authorizing
the prosecution, conviction and punishment of the person or persons who
previously violated the repealed ordinance.
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PAGE 1 - ORDINANCE NO. 95-030 (5/17/95) 19995 915
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0146.0984
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 17th day of May, 1995.
BOARD OF COUNTY COMMISSIONERS
OF ESCHUT S TY, OREGON
BARRI H. SLAU TE , Ch,4irman
AT NA9CY OPE CHL#NGEN, Commissioner
Recording Secretdry ROB RT L. NIPPER, Cohkalssioner
PAGE 2 - ORDINANCE NO. 95-030 (5/17/95)
0146-0980
EXHIBIT "A"
Title 5
BUSINESS LICENSES AND REGULATIONS
Chapters:
5.04 Business Licenses (Repealed by Ord. 91-047 § 1, 1991)
5.08 Antique, Secondhand and Junk Dealers
5.12 Occupancy Regulations
Chapter 5.08
ANTIQUE, SECONDHAND AND JUNK
DEALERS
Sections:
5.08.010
Definitions.
5.08.015
Definition -Antique,
secondhand or junk dealer.
5.08.020
Definition -Daily ledger.
5.08.025
Definition -Dealer.
5.08.030
Definition -Purchase.
5.08.040
License required -Fee.
5.08.050
Exemptions.
5.08.060
Application for license.
5.08.070
License revocation conditions.
5.08.080
Regulation of premises.
5.08.090
Records required.
5.08.100
Retention of articles.
5.08.110
Purchases from minors.
5.08.120
Nuisance operations.
5.08.130
Violation -Infraction.
5.08.010 Definitions.
For the purposes of this chapter, unless the
context indicates otherwise, certain words and
phrases used in this chapter are defined as
[follows:] set forth in 5.08.015-030. (Ord. 95-
030 § 1, 1995; Ord. 85-006 § 1, 1985)
5.08.015 Definition -Antique,
secondhand or junk dealer.
"Antique, secondhand or junk dealer" means
a person engaged in the purchase, sale, trade,
barter or exchange of antique or secondhand
goods, including, but not limited to, precious
metals, jewelry, coins, firearms, appliances,
hand and power tools, sporting goods,
binoculars, cameras, watches, televisions,
radios, recording devices, furniture,
calculators, electronic devices, bicycles and
similar items, for private gain, or who have in
their possession any junk, including, but not
limited to, old machinery, machinery parts,
appliance parts, metal, glass, lumber, wood
and discarded material acquired for the
purpose of resale. (Ord. 85-006 § 1, 1985)
5.08.020 Definition -Daily ledger.
"Daily ledger" means a prenumbered,
permanently bound book that contains all of
the original entry pages in the book that were
originally bound into the book and in which
all entries are kept in chronological order.
(Ord. 85-006 § 1, 1985)
5.08.025 Definition -Dealer.
"Dealer" means an antique, secondhand or
junk dealer. (Ord. 85-006 § 1, 1985)
5.08.030 Definition -Purchase.
"Purchase" means, in addition to its
commonly accepted meaning, acquisition of
personal property for the purpose of resale or
consignment. (Ord. 85-006 § 1, 1985)
5.08. [020] 040 License required -Fee.
A. No person shall engage in business as a
dealer without obtaining a license from the
County Clerk. A license shall be valid for a
period of one year, commencing on July 1st
and terminating on June 30th. The initial
annual license fee shall be $50.00 for each
place of business maintained by a dealer
within the unincorporated areas of the county.
The initial license fee shall not be prorated for
a license purchased after January 1st of the
initial year. A license, which has not been
permanently revoked, may be renewed for an
annual fee of $25.00.
B. Any dealer engaged in business as a
dealer on the effective date of the ordinance
codified in this chapter who makes application
for a license prior to September 15, 1985, shall
be exempt from the regulations adopted under
this chapter for a period of 30 days after the
date of such application. (Ord. 95-030 § 1,
1995; Ord. 85-030 § 1, 1985; Ord. 85-006 § 2,
1985)
5.08.[030]050 Exemptions.
The provisions of this chapter shall not
apply to:
A. Any bona fide secondhand automobile
establishment used exclusively for the sale of
Chapter 5.08 1 (5/95)
used automobiles;
B. An automobile wrecking yard;
C. A bona fide recycling center;
D. Any charitable, religious or nonprofit
organization;
E. Any person holding two or fewer yard,
garage, moving or similar sales annually;
provided, that such person does not offer for
sale goods acquired solely for the purpose of
resale; and
F. Any person offering antique,
secondhand or junk goods for sale at a flea
market or similar organized sales event two or
fewer times annually; however, any exempt
person or entity which engages in a regulated
activity by contract with another shall comply
with the provisions of this chapter. (Ord. 95-
030 § 1, 1995; Ord. 85-006 § 4, 1985)
5.08. [040] 060 Application for license.
A. A license shall be issued only upon the
signed, written application of the dealer and
shall contain such information respecting the
owner of the business as the County Clerk
shall determine. Upon receipt of the
application and the fee, the County Clerk
shall make such investigation, with the
assistance of the sheriff, as the County Clerk
shall deem adequate to determine the
financial responsibility of the applicant. The
County Clerk shall issue a license to the
applicant within 30 days of the date of receipt
of the application, unless the investigation
shows that the applicant is unfit. In the event
the County Clerk denies an application,
appeal shall be in accordance with Oregon
Revised Statutes 34.010 through 34.100.
Grounds for denial of an application for a
license shall include, but not be limited to:
1. A false statement in the license
application;
2. Conviction of a crime in the nature of
theft, deception or moral turpitude;
3. Inability to demonstrate to the clerk's
satisfaction an ability to comply with the terms
of this chapter; or
4. Failure to have obtained all necessary
Chapter 5.08
zoning, planning, building and sanitation
permits.
B. No dealer engaged in business as a
dealer on the effective date of the ordinance
codified in this chapter who makes application
for a license prior to September 15, 1985, shall
have his application denied under this section
on the grounds set forth in this section.
Nothing in the chapter shall prohibit the
county from taking enforcement action against
any dealer found to have failed to comply with
this or any other applicable county ordinances.
(Ord. 95-030 § 1, 1995; Ord. 85-030 § 2, 1985;
Ord. 85-006 § 3, 1985)
5.08. [050] 070 License revocation conditions.
Upon a finding that any person licensed
under this chapter has violated any of the
terms of this chapter, made a false statement
on his license application, or operated a
licensed business in violation of any other
ordinance or law, the license granted under
this chapter shall be revoked for a period of
30 days. Upon a finding that any person
licensed under this chapter has violated any of
the terms of this chapter, made a false
statement on his license application, or
operated a licensed business in violation of
any other ordinance or law, and the license
has been previously revoked, the license
granted under this chapter shall be
permanently revoked. (Ord. 95-030 § 1, 1995;
Ord. 85-006 § 10, 1985)
5.08.[060]080 Regulation of premises.
A. The premises and structures of a dealer
shall be kept in a sanitary manner.
B. The sheriffs department officers may go
upon and inspect the premises of a dealer at
all reasonable times. If any stolen property is
found, the sheriffs department may remove
the property and return it to its rightful
owner.
C. If there is any outside storage or display
of any materials, the premises upon which the
business of a dealer is carried on shall be
enclosed by a proper fence or other structure
2 (5/95)
a
not less than six feet high above the street
level, constructed so that no dust or other
material may pass through, and kept properly
painted and in good repair. No material or
article shall be piled so as to protrude above
the fence.
D. No street, sidewalk, public right of way
or portion thereof may be used by a dealer to
store, pile or maintain any antique, junk or
secondhand material, except as necessary in
the actual moving of such material. (Ord. 95-
030 § 1, 1995; Ord. 85-006 § 6, 1985)
5.08. [070] 090 Records required.
A. Every dealer conducting business at an
establishment, and every itinerant dealer, shall
keep a daily ledger, written in ink, in the
English language, of all old machinery,
machinery parts, appliance parts, metal, glass,
lumber, wood and discarded material acquired
for the purpose of resale, and precious metal,
jewelry, coins, firearms, appliances, tools,
sporting goods, binoculars, cameras, watches,
televisions, radios, recording devices, furniture,
calculators, electronic devices, hand and power
tools and bicycles purchased by the dealer or
his agent, including an accurate and
sufficiently detailed description thereof, name,
address, race, sex and date of birth of the
person from whom purchased or acquired, day
and hour of purchase and price paid, including
all serial numbers and required seller's
identification. The copy of the completed
daily ledger sheets shall be mailed or delivered
to the sheriff weekly.
1. Required identification will be one of
the following:
a. A valid driver's license;
b. A valid state identification card;
c. A valid military identification card;
d. A valid passport, visa or alien
registration card with photo.
B. A daily ledger shall be so designed as to
serve as both the required daily ledger and to
generate the required copy. The daily ledger
shall be in the form approved by the sheriff.
C. All records required by this section shall
Chapter 5.08
be maintained by the dealer for a period of
two years from the date of the latest
transaction recorded therein.
D. All records required by this section shall
be open for inspection by any sheriff's
department officer at all reasonable times.
No original entry pages in a daily ledger shall
be removed, detached or separated from the
daily ledger. No entry in such records may be
changed, erased, obliterated or defaced. (Ord.
95-030 § 1, 1995; Ord. 85-006 § 5, 1985)
5.08. [080] 100 Retention of articles.
A. All items must be recorded on a daily
ledger sheet as required by section
[5.08.070(A)] 5.08.090(A) of this chapter, and
the items shall be retained by the dealer for a
period of 10 days from the date that the daily
ledger sheet copy for the item purchased by
the dealer is received by the county sheriffs
department. If daily ledger sheet copies are
mailed in the county, the 10 -day period will be
calculated from the date the envelope
containing the daily ledger sheet copies is
postmarked.
B. Whenever any dealer is notified by a
sheriff's department officer to retain any
article purchased by such dealer to enable the
sheriff's department to ascertain whether the
article is stolen, the dealer, upon receipt of
the notice, shall retain in his place of business
such articles for 15 days after receipt of the
notice. (Ord. 95-030 § 1, 1995; Ord. 85-006 §
8, 1985)
5.08.[090]110 Purchases from minors.
No dealer may purchase or acquire from a
person under 18 years of age any antique,
junk or secondhand merchandise, or other
article, except rags and paper. (Ord. 95-030 §
1, 1995; Ord. 85-006 § 7, 1985)
5.08. [100] 120 Nuisance operations.
The operation, maintenance, use or location
of an antique, secondhand or junk business by
a dealer in violation of this chapter is declared
3 (5/95)
to be a nuisance. (Ord. 95-030 § 1, 1995; Ord.
85-006 § 11, 1985)
5.08. [110] 130 Violation -Infraction.
Violation of this chapter constitutes a Class
A infraction. (Ord. 95-030 § 1, 1995; Ord. 85-
006 § 9, 1985)
Chapter 5.08
4
(5/95)
a
Chapter 5.12
OCCUPANCY REGULATIONS
Sections:
5.12.010 Definitions.
5.12.015 Definition -Dwelling unit.
5.12.020 Definition -Overnight.
5.12.025
Definition -Owner.
5.12.030
Definition -Person.
5.12.035
Definition -Rental occupant.
5.12.040
Definition -Rents
5.12.045
Definition -Sleeping area.
5.12.050
Occupancy limitations.
5.12.060
Posting occupancy limitations.
5.12.070
Notification.
5.12.080
Violation -Infraction.
5.12.010 Definitions.
As used in this chapter, unless the context
indicates otherwise, certain words and phrases
used in this chapter are defined as [follows:]
set forth in 5.12.015-045. (Ord. 95-030 § 1,
1995; Ord. 91-044 § 1, 1991)
5.12.015 Definition -Dwelling unit.
"Dwelling unit" means any building or
portion thereof which contains separate living
facilities, including provisions for sleeping,
eating, cooking and sanitation. (Ord. 91-044 §
1, 1991)
5.12.020 Definition -Overnight.
"Overnight" means anytime between the
hours from 10:00 p.m. and 7:00 a.m. on the
following day. (Ord. 91-044 § 1, 1991)
5.12.025 Definition -Owner.
"Owner" means any fee title owner, any
person having a purchasers equitable interest
in the property, or any person who acts as an
agent for such person, who rents a dwelling
unit. (Ord. 91-044 § 1, 1991)
5.12.030 Definition -Person.
"Person" means an individual or other legal
entity, including a corporation, association,
Chapter 5.12
0146-0100
firm, partnership, joint stock company, trust
and estate. (Ord. 91-044 § 1, 1991)
5.12.035 Definition -Rental occupant.
"Rental occupant" means a person over the
age of four years who occupies a rented
dwelling unit. (Ord. 91-044 § 1, 1991)
5.12.040 Definition -Rents.
"Rents" means the granting of a right or
license to use a dwelling unit in exchange for
money, goods or services, or combination
thereof, or by gift, when the owner is not
present and in charge of the dwelling unit.
(Ord. 91-044 § 1, 1991)
5.12.045 Definition -Sleeping area.
"Sleeping area" means a bedroom or loft
within a dwelling unit which meets the
requirements of the Uniform Building Code,
Structural Specialty Code, or the CABO One
and Two Family Dwelling Specialty Code, as
adopted by the State of Oregon, Building
Codes Agency. (Ord. 91-044 § 1, 1991)
5.12. [020] 050 Occupancy limitations.
Each dwelling unit in the PC Zone which
the owner rents to an overnight rental
occupant shall have a maximum allowable
number of overnight rental occupants of two
persons per sleeping area plus two additional
persons. (Ord. 95-030 § 1, 1995; Ord. 91-044
§ 1, 1991)
5.12.[030]060 Posting occupancy limitation.
There shall be posted conspicuously on or
near the front entrance door of each dwelling
unit regulated by this chapter a notice
specifying the maximum allowable number of
overnight rental occupants that may occupy
the dwelling unit overnight. The format of
notices of the maximum allowable number of
overnight occupants that may occupy the
dwelling unit shall be as shown in Exhibit "1",
attached hereto and by this reference
incorporated herein. (Ord. 95-030 § 1, 1995;
Ord. 91-044 § 1, 1991)
(5/95)
0146-9991
5.12. [040] 070 Notification.
Any person who rents or offers for rent a
dwelling unit for overnight rental occupancy in
the PC Zone shall inform the prospective
overnight rental occupant of the maximum
allowable overnight occupancy. (Ord. 95-030
§ 1, 1995; Ord. 91-044 § 1, 1991)
5.12. [060] 080 Violation -Infraction.
Violation of any provision of this chapter
constitutes an infraction as follows:
A. Any person who rents or offers for rent
a dwelling unit in the PC Zone without
posting the maximum allowable overnight
occupancy commits a class B infraction.
B. Any person who rents for money a
dwelling unit in the PC Zone without
informing, in writing, in the rental agreement
or by separate document, the prospective
rental occupant of the maximum allowable
overnight occupancy commits a class B
infraction.
C. Each and every rental occupant
occupying a dwelling unit in which the
maximum overnight occupancy has been
exceeded as provided by this chapter commits
a class B infraction.
D. Any person who offers for rent or rents
a dwelling unit for overnight occupancy to a
person with actual knowledge that the person
intends to exceed the maximum allowable
overnight rental occupancy of the dwelling
unit commits a class A infraction. (Ord. 95-
030 § 1, 1995; Ord. 91-044 § 1, 1991)
Chapter 5.12 2 (5/95)
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