1995-17140-Ordinance No. 95-033 Recorded 5/18/1995REVIEWED
-KC
95"17140LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 9,
Public Peace and Welfare, of
the Deschutes County Code and
Declaring an Emergency.
ORDINANCE NO. 95-033 0146-1027
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Amendment. Title 9, "Public .Peace and Welfare," 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expressly provide, and such ordinance repealed shall be treated as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.
4(-74'
PAGE 1 - ORDINANCE NO. 95-033 (5/17/95)�tiRY 195 MAY 1 9 1a�Qc
il
0146-1028
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.
ATTEST:
(", " -71--
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OFSCHUTES C UNTY, OR/EGON
UVW I/�l1
BAR
RX H. SLAUTER, C firman
NANCY PE r;CHL4NGEN' Commissj Eder
Tj
ROBEAT L. NIPPER, Co issioner
PAGE 2 - ORDINANCE NO. 95-033 (5/17/95)
0146-1029
EXHIBIT "A"
Title 9
PUBLIC PEACE AND WELFARE
Chapters:
9.04 Drug Paraphernalia
9.08 Discharge of Firearms
9.12 Right to Farm
Chapter 9.04
DRUG PARAPHERNALIA
Sections:
9.04.010 Definitions.
9.04.020 Definition -Controlled
substance.
9.04.025 Definition -Drug paraphernalia.
9.04.030 Display to adults.
9.04.040 Display to minors prohibited.
9.04.010 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:] as set forth in 9.04.020-
025. (Ord. 95-033 § 1, 1995; Ord. 82-022 § 1,
1982)
9.04.020 Definition -Controlled
substance.
"Controlled substance" means a drug or its
immediate precursor classified in Schedules I
through V under the Federal Controlled
Substances Act, 21 USC sections 811 to 812,
as modified under Oregon Revised Statutes
475.035; a drug as defined in Oregon Revised
Statutes 475.005(13), and marijuana, as
defined in Oregon Revised Statutes
475.005(15). (Ord. 82-022 § 1, 1982)
9.04.025 Definition -Drug paraphernalia.
"Drug paraphernalia" means:
1. Any machine, instrument, tool,
equipment or device which is primarily
adapted, designed and intended for one or
more of the following:
a. To introduce into the human body
any controlled substances under circumstances
in violation of the laws of the state;
b. To enhance the effect on the human
body of any controlled substance under
circumstances in violation of the laws of the
state;
C. To conceal any quantity of any
0146-1030
controlled substance under circumstances in
violations of the laws of the state;
d. To test the strength, effectiveness or
purity of any controlled substance under
circumstances in violation of the laws of the
state; and
2. Those items set forth in Oregon
Revised Statutes 163.575(e)(A) through
163.575(e)(G). (Ord. 82-022 § 1, 1982)
9.04.[020]030 Display to adults.
A. Drug paraphernalia may be lawfully
displayed to adults, provided minors are not
permitted on the premises. In lieu of
prohibiting the entry of minors on the
premises, a person may display drug
paraphernalia to an adult provided such
display is in an area within the premises not
open to the entry of minors.
B. Allowing a minor to enter an area
within a premises not open to the entry of
minors where drug paraphernalia is displayed
to adults shall constitute a Class A infraction.
(Ord. 82-022 § 3, 1982)
9.04. [030] 040 Display to minors prohibited.
A. It is a violation to knowingly display
drug paraphernalia in any building, location or
premises open to the public in an area where
minors may enter or remain.
B. The display of drug paraphernalia to
minors shall constitute a Class A infraction.
(Ord. 82-022 § 2, 1982)
Chapter 9.04 1 (5/95)
Chapter 9.08
DISCHARGE OF FIREARMS
Sections:
9.08.010 Definitions.
9.08.020 Definition -Board.
9.08.025 Definition -Restricted area.
9.08.026 Definition -River Miles
9.08.030 Restricted areas permitted
where.
9.08.040
Exemptions to chapter
applicability.
9.08.050
Restricted areas -Formation
procedure.
9.08.060
Petitions -Requirements.
9.08.070
Petitions -Time limit for
securing signatures.
9.08.080
Petitions -Hearing -Notice.
9.08.090
Petitions -Formation of
restricted areas.
9.08.100
Deschutes River Corridor
Restricted Area.
9.08.110
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:] set forth in 9.08.020-026.
(Ord. 95-033 § 1, 1995; Ord. 93-050 § 1, 1993;
Ord. 90-040 § 1, 1990; Ord. 203-5 § 3, 1975)
9.08.020 Definition -Board.
"Board" means the Board of Commissioners
of Deschutes County, Oregon. (Ord. 93-050 §
1, 1993; Ord 90-040 § 1, 1990; Ord. 203.5 § 3,
1975)
9.08.025 Definition -Restricted area.
"Restricted area" means an area restricted
pursuant to the provisions of this chapter or
an area designated as restricted in this
chapter. (Ord. 93-050 § 1, 1993; Ord. 90-040
§ 1, 1990; Ord. 203.5 § 3, 1975)
0146-1031
9.08.026 Definition -River miles.
"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. (Ord. 93-050 § 1, 1993)
9.08.[020]030 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]
9.08.040 of this chapter, within an area
designated as a restricted area pursuant to
section [9.08.080] 9.08.090 of this chapter or
designated as a restricted area in this chapter.
(Ord. 95-033 § 1, 1995; Ord. 93-050 § 1, 1993;
Ord. 203.5 § 1, 1975)
9.08. [030] 040 Exemptions to chapter
applicability.
Section [9.08.020] 9.08.030 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.
(Ord. 95-033 § 1, 1995; Ord. 93-050 § 1, 1993;
Ord. 90-040 § 1, 1990; Ord. 203.5 § 2, 1975)
9.08.[040]050 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] 9.08.060 of this chapter,
provided that the properties within a single
proposed district are contiguous:
1. Recorded subdivisions or town plats;
or
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
Chapter 9.08 1 (5/95)
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
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. (Ord. 95-033 § 1, 1995; Ord. 93-050
§ 1, 1993; Ord. 91-048 § 1, 1991; Ord. 90-040
§ 1, 1990; Amendment to Ord. 203.5 passed
12/1/76; Ord. 203.5 § 4, 1975)
9.08. [050] 060 Petitions -Requirements.
A. Except for restricted areas designated
outright in this chapter, 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
0146-1032
mailing addresses;
4. The signatures of not less than 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 a
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
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. (Ord. 95-033 § 1, 1995; Ord. 93-
050 § 1, 1993; Ord. 91-048 § 1, 1991; Ord. 90-
040 § 1, 1990; Ord. 203.5 § 5, 1975)
9.08.[060]070 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
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 as
sufficient to cover the expenses of the
formation of the district.
C. Within 10 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
Chapter 9.08 2 (5/95)
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.
95-033 § 1, 1995; Ord. 93-050 § 1, 1993; Ord.
203.5 § 6, 1975)
9.08. [070] 080 Petitions -Hearing -Notice.
A. Following receipt of the petition from
the County Clerk, the board shall set a date
for hearing not less than 15 days nor more
than 45 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 14 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
nonappearing registered voters within the area
omitted. The hearing may not be continued
for more than 15 days. (Ord. 95-033 § 1,1995;
Ord. 93-050 § 1, 1993; Ord. 90-040 § 1, 1990;
Ord. 203.5 § 7, 1975)
9.08.[080]090 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
0146-1033
subject to the provisions of this chapter. The
order shall take effect immediately upon
passage. (Ord. 95-033 § 1, 1995; Ord. 93-050
§ 1, 1993; Ord. 90-040 § 1, 1990; Ord. 203.5 §
8, 1975)
9.08. [090] 100 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
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 emending between river miles 192.40
and 192.75, covering that area emending .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 emending between river miles 198.94
and 199.49, covering that area emending .21
river miles downstream of where South
Century Drive crosses the river at General
Chapter 9.08 3 (5/95)
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.
C. This designation shall not affect any
other pre-existing designated restricted areas.
(Ord. 95-033 § 1, 1995; Ord. 93-050 § 1, 1993)
9.08. [090] 110 Violation -Penalty.
Violation of any provision of this chapter is
a Class A infraction. (Ord. 95-033 § 1, 1995;
Ord. 90-040 § 1, 1990; Ord. 83-014 § 1, 1983:
Ord. 203-5 § 9, 1975)
Chapter 9.08
4
0146-1034
(5/95)
Chapter 9.12
RIGHT TO FARM
Sections:
trespass.
9.12.010
Short title.
9.12.020
Purpose.
9.12.030
Definitions.
9.12.035
Definition -Facility.
9.12.040
Definition -Farming.
9.12.045
Definition -Farming practice.
9.12.050
Definition -Forest practice.
9.12.055
Definition-Nonresource use.
9.12.060
Definition-Generallyaccepted.
9.12.065
Definition -Farming and forest
9.12.110
practices exclusions.
9.12.070
Definition -Nuisance or
9.12.010 Short title.
This ordinance may be cited as the
Deschutes County Right To Farm Ordinance.
(Ord. 95-024 § 1, 1995)
9.12.020 Purpose.
A. It is the purpose of this chapter to
protect farm and forest -based economically
productive activities of Deschutes County in
0146-1035
order to assure the continued health, safety
and prosperity of its residents. Farm and
forest uses sometimes offend, annoy, interfere
with or otherwise affect others located on or
near farm and forest lands. Deschutes County
has concluded in conformance with Oregon
Revised Statutes chapter 30 that persons
located on or near farm and forest lands must
accept resource uses and management
practices.
B. This chapter is intended to limit the
availability of remedies based on nuisance or
trespass, rights of action and claims for relief
and issuance of citations for infractions over
which Deschutes County has jurisdiction,
when they otherwise would either have an
adverse impact on farm and forest uses that
Deschutes County seeks to protect, or would
impair full use of the farm and forest resource
base within Deschutes County. (Ord. 95-024 §
2, 1995)
9.12.030 Definitions.
[As used in this chapter:] For the purposes
of this chapter, unless otherwise apparent
from the context, certain words and phrases
used in this chapter are defined as set forth
in 9.12.035-075. (Ord. 95-033 § 1, 1995; Ord.
95-024 § 3, 1995)
9.12.035 Definition -Facility.
"Facility" means any real or personal
property, including appurtenances thereto and
fixtures thereon, associated with a given use.
(Ord. 95-024 § 3, 1995)
9.12.040 Definition -Farming.
"Farming" means the cultivation, growing,
harvesting, processing or selling of plants or
animals of any kind that lawfully may be
grown, possessed and sold, including but not
limited to forage, row crops, grapes, Christmas
trees and nursery stock, fish, livestock, poultry
and ratites. Except as otherwise set forth
herein, farming may be at either a commercial
or a noncommercial scale. (Ord. 95-024 § 3,
1995)
Chapter 9.12 1 (5/95)
trespass.
9.12.075
Definition -Pesticide.
9.12.080
Prohibition on enactments
that make farm and forest
uses a nuisance or trespass.
9.12.090
Protection of farm and forest
uses on lands zoned for
resource use.
9.12.100
Protection of allowed farm and
forest uses in zones other than
EFU and forest zones.
9.12.110
Protection of nonconforming
farm and forest uses.
9.12.120
Land use ordinances and
decisions.
9.12.130
Complaints by nonresource
users.
9.12.140
Farm practices advisory list.
9.12.150
Affect on livestock control
districts.
9.12.010 Short title.
This ordinance may be cited as the
Deschutes County Right To Farm Ordinance.
(Ord. 95-024 § 1, 1995)
9.12.020 Purpose.
A. It is the purpose of this chapter to
protect farm and forest -based economically
productive activities of Deschutes County in
0146-1035
order to assure the continued health, safety
and prosperity of its residents. Farm and
forest uses sometimes offend, annoy, interfere
with or otherwise affect others located on or
near farm and forest lands. Deschutes County
has concluded in conformance with Oregon
Revised Statutes chapter 30 that persons
located on or near farm and forest lands must
accept resource uses and management
practices.
B. This chapter is intended to limit the
availability of remedies based on nuisance or
trespass, rights of action and claims for relief
and issuance of citations for infractions over
which Deschutes County has jurisdiction,
when they otherwise would either have an
adverse impact on farm and forest uses that
Deschutes County seeks to protect, or would
impair full use of the farm and forest resource
base within Deschutes County. (Ord. 95-024 §
2, 1995)
9.12.030 Definitions.
[As used in this chapter:] For the purposes
of this chapter, unless otherwise apparent
from the context, certain words and phrases
used in this chapter are defined as set forth
in 9.12.035-075. (Ord. 95-033 § 1, 1995; Ord.
95-024 § 3, 1995)
9.12.035 Definition -Facility.
"Facility" means any real or personal
property, including appurtenances thereto and
fixtures thereon, associated with a given use.
(Ord. 95-024 § 3, 1995)
9.12.040 Definition -Farming.
"Farming" means the cultivation, growing,
harvesting, processing or selling of plants or
animals of any kind that lawfully may be
grown, possessed and sold, including but not
limited to forage, row crops, grapes, Christmas
trees and nursery stock, fish, livestock, poultry
and ratites. Except as otherwise set forth
herein, farming may be at either a commercial
or a noncommercial scale. (Ord. 95-024 § 3,
1995)
Chapter 9.12 1 (5/95)
9.12.045 Definition -Farming practice.
"Farming practice" means a mode of
farming, including use of pesticides, that:
1. is or may be used in a farming
operation of a similar nature;
2. is consistent with generally accepted,
reasonable and prudent methods;
3. is or may become a generally accepted,
reasonable and prudent method in conjunction
with farm use;
4. complies with applicable laws; and
5. is done in a reasonable and prudent
manner. (Ord. 95-024 § 3, 1995)
9.12.050 Definition -Forest
practice.
"Forest practice" means a mode of
operation, including the use of pesticides, on
forestland that:
1. is or may be used on forestland of a
similar nature;
2. is a generally accepted, reasonable and
prudent method of complying with Oregon
Revised Statutes 527.610 to 527.770 and the
rules adopted pursuant thereto;
3. is or may become a generally accepted,
reasonable and prudent method in conjunction
with forestland;
4. complies with applicable laws;
5. is done in a reasonable and prudent
manner; and
6. may include, but is not limited to, site
preparation, timber harvest, slash disposal,
road construction and maintenance, tree
planting, precommercial thinning, release,
fertilization, animal damage control and insect
and disease control. (Ord. 95-024 § 3, 1995)
9.12.055 Definition-Nonresource use.
"Nonresource use" means any facility,
activity or other use of land that does not
constitute a farm or forest use, as defined
herein, including but not limited to residential
use. (Ord. 95-024 § 3, 1995)
9.12.060 Definition -Generally
accepted.
"Generally accepted" means a practice that
an average Person in Deschutes Con whu"
is regularly involved in the same type of
resource use would reasonably expect to occur
or exist in a rural setting. (Ord. 95-024 § 3,
1995)
9.12.065 Definition -Farming and
forest practices exclusions.
"Farming and forest practices" do not
include:
1. The willful growing of unlawful,
infested, infected or diseased plants or
animals; or
2. Trespass which involves actual physical
intrusion onto the property of another by a
person or, within a livestock control district,
by a person's animals. (Ord. 95-024 § 3, 1995)
9.12.070 Definition -Nuisance or
trespass.
"Nuisance" or "trespass" includes but is not
limited to actions or claims based on noise,
vibration, odors, smoke, pesticide spray, dust
and mist from irrigation. Nuisance also
includes actions or claims based on otherwise
approved practices performed during
nondaylight hours. (Ord. 95-024 § 3, 1995)
9.12.075 Definition -Pesticide.
"Pesticide" includes defoliants, desiccants,
fungicides, herbicides, insecticides,
nematocides, and other substances included
and defined in Oregon Revised Statutes
634.006(8). (Ord. 95-024 § 3, 1995)
9.12.[040]080 Prohibition on enactments
that make farm and forest
uses a nuisance or trespass.
The Board of County Commissioners shall
enact no resolution or ordinance that makes a
farm or forest practice covered by sections
[9.12.05019.12.090 through [9.12.070] 9.12.110
of this chapter a nuisance or trespass or
provides for the abatement of such practices
as a nuisance or trespass. (Ord. 95-024 § 4,
1995)
Chapter 9.12 2 (5/95)
9.12.[050]090 Protection of farm and forest
uses on lands zoned for
resource use.
A. No farm or forest practice occurring on
lands zoned for resource use shall be declared
to be a public or private nuisance or trespass,
or support any complaint procedure, or give
rise to a claim for relief in favor of, or to
protect the interests of, nonresource uses or
any persons or property associated therewith,
to the extent that such controversy,
proceeding or claim would arise under an
ordinance or the inherent authority of
Deschutes County.
B. This section applies regardless of:
1. The location of the purportedly
affected nonresource use;
2. Whether the nonresource use
purportedly affected existed
before or after the occurrence of
the farm or forest use;
3. Whether the farm or forest
practice or nonresource use has
undergone any change or
interruption; or
4. Whether the resource use or
nonresource use is located inside
or outside an area designated as
other than high value resource
lands.
C. Lands zoned for resource use include
lands in EFU zones, forest zones, surface
mining zones, and flood plain or open space
& conservation zones where the underlying
comprehensive plan designation is
"agriculture" or "forest."
D. If zoning is changed in such a way to
place a farming or forest practice within a
resource zone as defined herein, this section
will apply to that farming or forest practice
after the date the zone change becomes
effective. (Ord. 95-024 § 5, 1995)
9.12. [060] 100 Protection of allowed farm and
forest uses in zones other than
EFU and forest zones.
A. On lands other than those zoned for
farm or forest use, no farm or forest use
0146-103'7
allowed in a zone shall be declared to be a
public or private nuisance or trespass, or
support any complaint procedure, or give rise
to a claim for relief in favor of, or to protect
the interests of, nonresource uses or any
persons or property associated therewith, to
the extent that such controversy, proceeding
or claim would arise under an ordinance or
the inherent authority of Deschutes County.
B. This section shall apply:
1. To farming practices on
commercial farms only,
notwithstanding the definition of
farming in this chapter.
2. Whether or not the farm practice
occurs within the applicable
urban growth boundary.
3. Where the commercial farming or
forest practice existed before the
conflicting nonfarm or nonforest
use of real property that gave rise
to the complaint.
(Ord. 95-024 § 6, 1995)
9.12.[070]110 Protection of nonconforming
farm and forest uses.
A. On lands where farming or forest
practices occur as a pre-existing
nonconforming use in a zone not otherwise
allowing farm or forest practices, no such
practices shall be declared to be a public or
private nuisance or trespass, or support any
complaint procedure, or give rise to a claim
for relief in favor of, or to protect the
interests of, nonresource uses or any persons
or property associated therewith, to the extent
that such controversy, proceeding or claim
would arise under an ordinance or the
inherent authority of Deschutes County.
B. This section shall apply:
1. To farming practices on
commercial farms only,
notwithstanding the definition of
farming in this chapter.
2. Whether or not the farm practice
occurs within the applicable
urban growth boundary.
3. Where a farming or forest
Chapter 9.12 3 (5/95)
practice existed before the
conflicting nonfarm or nonforest
use of real property that gave rise
to the complaint.
4. Where a farming or forest
practice has not significantly
increased in size or intensity from
November 4, 1993 or the date on
which the zoning is changed to
make the use a nonconforming
one, whichever is later.
(Ord. 95-024 § 7, 1995)
9.12. [080] 120 Land use ordinances and
decisions.
The fact that Deschutes County's
comprehensive plan and zoning ordinances
and that individual land use decisions issued
by the county may allow the siting,
development or support of any particular use
does not negate the provisions of this chapter
intended to protect a farm or forest resource
use. (Ord. 95-024 § 8, 1995)
9.12. [090] 130 Complaints by nonresource
users.
Any persons not engaged in a farm or forest
use are deemed on notice that Deschutes
County will not issue a citation involving a
farm or forest practice protected under this
chapter, so long as such resource use complies
with applicable provisions of federal and state
laws and this chapter. In order to protect a
farming or forest practice from shutdown
upon receipt of a complaint of nuisance, there
shall be a presumption of acceptability of the
practice in the absence of compelling evidence
that continuation of the practice would result
in an immediate threat to health and/or safety
to the public, and the county shall not take
action to cause cessation of such practice. If
the practice shall not have been previously
adjudged to be an acceptable practice, the
county shall, subject to Section [9.12.100]
9.12.140, make a timely determination of
whether a citation should issue. (Ord. 95-024
§ 9, 1995)
0146-1038
9.12. [100] 140 Farm practices advisory list.
In determining whether any particular
farming or forest practice is a generally
accepted, reasonable and prudent practice,
county staff may prior to issuing a citation,
seek the advice of an expert or experts in the
particular practice involved from a list of
experts provided by the Deschutes County
Farm Bureau for each commodity or practices
area. (Ord. 95-024 § 10, 1995)
9.12. [110] 150 Affect on livestock control
districts.
Nothing in this chapter shall apply to or
restrict any action taken under chapter 6.08 of
this Code with respect to livestock at large.
(Ord. 95-024 § 11, 1995)
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