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1995-17141-Ordinance No. 95-034 Recorded 5/18/1995REVIE D 55"17141 LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 10, * t� ,_ �; U, Vehicles and Traffic, of the Deschutes County Code and Declaring an Emergency. * - A ORDINANCE NO. 95-034 0146-1039 THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. Amendment. Title 10, "Vehicles and Traffic," 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under such ordinance, unless a provision of this amending ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such duty, condition,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. ff � PAGE 1 - ORDINANCE NO. 95-034 (5/17/95) IWAY I 1; ` 0146-1040 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 O DESCHUTE COUNTY, OREGON BARWf H. SLAUGHTER, Ch4irman ATTEST: NANCY POPE SCH GEN, Commissioor . 4 Recording Secre ary RO RT L. NIPPER, CoAmissioner PAGE 2 - ORDINANCE NO. 95-034 (5/17/95) v EXHIBIT "A" Title 10 VEHICLES AND TRAFFIC Chapters: 0146--1041 10.04 Traffic -control Devices 10.05 Right of Way Signs 10.08 (Repealed by Ord. 94-058 § 1, 1994) 10.12 Vehicle Size Restrictions 10.16 Parades and Processions 10.20 Inventory of Impounded Vehicles 0146-1042 Chapter 10.04 TRAFFIC -CONTROL DEVICES Sections: 10.04.010 Barriers and gates - Designated -Statutory authority. 10.04.020 Barriers and gates -Installation conditions. 10.04.010 Barriers and gates -Designated - Statutory authority. Barriers and gates on and across roads and highways under the jurisdiction of the county shall constitute "official traffic -control devices" within the meaning of Oregon Revised Statues section 487.005. (Ord. 81-054 § 1, 1981) 10.04.020 Barriers and gates -Installation conditions. Official traffic -control devices consisting of barriers and gates on and across roads and highways may be established by resolution of the Board of County Commissioners upon and across any road or highway under the jurisdiction of the county for the purpose of prohibiting motor vehicle traffic on the road or highway beyond the barrier or gate so established. (Ord. 81-054 § 2, 1981) Chapter 10.04 1 (5/95) Chapter 10.05 RIGHT OF WAY SIGNS Sections: 10.05.010 Introduction. 10.05.020 Definitions. 10.05.025 Definition -Administrator. 10.05.030 Definition -Applicant. 10.05.035 Definition -Business sign (logo). 10.05.040 Definition -Directional information. 10.05.045 Definition -Directional sign. 10.05.050 Definition -Erect or construct. 10.05.055 Definition -Maintain. 10.05.060 Definition-MUTCD. 10.05.065 Definition -Qualified motorist business. 10.05.070 Definition -Reconstruction. 10.05.075 Definition -Responsible operator or owner. 10.05.080 Definition -Sign panel. 10.05.085 Definition -Tourist -oriented directional sign. 10.05.090 Definition -Trailblazer. 10.05.100 Prohibited uses. 10.05.110 Exemptions. 10.05.120 Sign types. 10.05.130 Application process. 10.05.140 Composition. 10.05.150 Fees -Installation and maintenance. 10.05.160 Criteria for specific information panels. 10.05.170 Spacing of signs and panels. 10.05.180 Violation -Penalty. 10.05.190 Nuisance declared -Removal. 10.05.010 Introduction. This [ordinance] title is enacted to establish standards and procedures for signs to be installed and maintained within public rights of way which fall under the jurisdiction of the Board of County Commissioners, and which are necessary to meet the needs of the motorist in locating public recreational facilities and services open to the general Chapter 10.05 0146-1043 public. This [ordinance] title shall be known as the Deschutes County Road Right of Way Sign Ordinance. (Ord. 95-034 § 1, 1995; Ord. 90-011 § 1 (part) 1990) 10.05.020 Definitions. The following definitions apply to this [ordinance:] chapter as set forth in 10.05.025- 090. (Ord. 95-034 § 1, 1995; Ord. 90-011 § 1 (part), 1990) 10.05.025 Definition -Administrator. "Administrator" means the Public Works Director or his designee for Deschutes County, Oregon. (Ord. 90-011 § 1 (part), 1990) 10.05.030 Definition -Applicant. "Applicant" means a person or entity applying for a permit to place signs, logos or sign panels or supplemental sign panels within the right of way. (Ord. 90-011 § 1 (part), 1990) 10.05.035 Definition -Business sign (logo). "Business Sign (Logo)" means a separately attached sign mounted on the sign panel to show the brand, symbol, trademark or name, or combination thereof, of services available. (Ord. 90-011 § 1 (part), 1990) 10.05.040 Definition -Directional information. "Directional Information" means the name of the business, service or activity, qualified historical feature or qualified cultural feature and other necessary information to direct the motoring public to the business, service or activity, placed on a tourist -oriented directional sign. (Ord. 90-011 § 1 (part), 1990) 10.05.045 Definition -Directional sign. "Directional Sign" means a sign identifying and containing directional information to one or more public services, to natural phenomena or historic, cultural, scientific, educational or religious sites or facilities, or to recreational (5/95) facilities open to the general public, including marinas, boat ramps, camping facilities and day recreation facilities. (Ord. 90-011 § 1 (part), 1990) 10.05.050 Definition -Erect or construct. "Erect or construct" means to construct, build, assemble, place, affix, attach, create, paint, draw or in any way bring into being or establish. (Ord. 90-011 § 1 (part), 1990) 10.05.055 Definition -Maintain. "Maintain" includes painting or routine repairs necessary to maintain the sign in a neat, clean, attractive and safe condition, and the term includes allowing to exist. (Ord. 90- 011 § 1 (part), 1990) 10.05.060 Definition-MUTCD. "MUTCD" means the Manual on Uniform Traffic Control Devices. (Ord. 90-011 § 1 (part), 1990) 10.05.065 Definition -Qualified motorist business. "Qualified Motorist Business" means a business furnishing gas, food, lodging or camping which has met the requirements of these regulations for the placement of a logo on a sign panel or supplemental sign panel. (Ord. 90-011 § 1 (part), 1990) 10.05.070 Definition -Reconstruction. "Reconstruction" means replacing a sign totally or partially to increase its size or performing any work, except maintenance work, that alters or changes a sign. (Ord. 90- 011 § 1 (part), 1990) 10.05.075 Definition -Responsible operator or owner. "Responsible operator or owner" means the owner in fee simple or a person or entity who operates a motorist business and who has authority to enter into an agreement relative to matters covered by this [ordinance] title. (Ord. 95-034 § 1, 1995; Ord. 90-011 § 1 (part), 1990) 0146-1044 10.05.080 Definition -Sign panel. "Sign panel" includes "motorist informational signs," "specific informational panel' and "logo signs." (Ord. 90-011 § 1 (part), 1990) 10.05.085 Definition -Tourist -oriented directional sign. "Tourist -oriented directional sign" means a sign panel with the name of a qualified tourist -oriented business, service or activity, or qualified historical feature or qualified cultural feature together with directional information erected in advance of or at an intersection. (Ord. 90-011 § 1 (part), 1990) 10.05.090 Definition -Trailblazer. "Trailblazer" means a small sign panel with the type of motorist service offered and the name, direction and distance to the qualified motorist business. (Ord. 90-011 § 1 (part), 1990) 10.05. [030] 100 Prohibited Uses. A sign or sign panel may not be erected or maintained if it: A. Interferes with, imitates or resembles any official traffic control sign, signal or device, or attempts or appears to attempt to direct the movement of traffic. B. Prevents the driver of a motor vehicle from having a clear and unobstructed view of official traffic control signs and approaching or merging traffic. C. Contains, includes or is illuminated by any flashing, intermittent, revolving, rotating or moving lights, or moves or has any animated or moving parts. D. Has any lighting, unless such lighting is so effectively shielded as to prevent beams or rays of light from being directed at any portion of the main traveled way of a road, or is of such low intensity as not to cause glare or to impair the vision of the driver or otherwise to interfere with the operation thereof. E. Is located upon a tree or painted or drawn upon a rock or other natural feature. F. Advertises or calls attention to an Chapter 10.05 2 (5/95) activity or attraction no longer carried on. G. Advertises activities that are illegal under any state, federal or local law applicable at the location of the sign or of the activities. H. Is not maintained in a neat, clean and attractive condition and in good repair as determined by the public works director or his designee. I. Is not able to withstand a wind pressure of 20 pounds per square foot of exposed surface. J. Does not meet the requirements of this [ordinance] title or the MUTCD. (Ord. 95-034 § 1, 1995; Ord. 90-011 § 1 (part), 1990) 10.05. [040] 110 Exemptions. The following signs are exempted under this [ordinance] title: A. Those traffic signs that are required for traffic control and safety included in the MUTCD. B. Those portions of sign that intrude into the public right of way that were granted a permit under the Deschutes County Sign Ordinance. C. Temporary activity signs that are granted a permit lasting less than 90 days which otherwise are in compliance with the terms of this ordinance, including parades, fun runs, bicycle or pedestrian contests, political signs or special public functions. (Ord. 95-034 § 1, 1995; Ord. 90-011 § 1 (part), 1990) 10.05.[050]120 Sign types. The following types of signs are allowed under the terms of this [ordinance] title: A. Type I - Qualified Motorist Business. Tour route signs; tourist information signs; public facility and service signs; commercial businesses offering food, gas, lodging or camping services; historic location signs; federal, state and local recreational and facility signs; and non-profit institutions, including churches and civic organizations. B. Type II - Qualified Tourist -oriented Business. Any legal, cultural, historical, recreational, educational or entertaining activity or a unique or unusual commercial or Chapter 10.05 0146-1045 non-profit activity the major portion of whose income or visitors are derived during its normal business season from motorists not residing in the immediate area of the activity. (Ord. 95-034 § 1,1995; Ord. 90-011 § 1(part), 1990) 10.05. [060] 130 Application process. A. Application for a Type I or Type II sign shall be made in writing addressed to the Public Works Director for Deschutes County, Oregon. It may be in letter form or on a form prepared for such purpose by the department. Information contained shall include the following: the name, address and telephone number of the owner or operator of the business or service for which the sign is intended; the reason for the sign; a description of the location(s) for the sign; a description of the information requested on the sign; and be accompanied by the appropriate application fee. Each business applicant shall also submit a copy of the business' land use permit. The administrator shall notify the appropriate planning director of the application and request review and comment on the application. B. Within 30 working days from the date of receipt of the request for a sign, the administrator shall respond in writing to the applicant as to the adequacy of the information received. Requests for signs that do not comply with the provisions of this chapter shall be denied by the administrator. If the application is denied, the administrator shall cite the appropriate section of the ordinance or MUTCD pertinent to the application. C. Each application shall be accompanied with the appropriate fee for processing. If the application is approved, the applicant shall make arrangements to have the Department install the sign and pay the required costs for materials, labor and travel. Payment of such costs and execution of a maintenance agreement, along with not less than two year's maintenance fees, shall be made in advance. D. If the application is denied, the (5/95) applicant may appeal the decision as provided in Title 22 of the Deschutes County Code. (Ord. 95-034 § 1, 1995; Ord. 90-011 § 1 (part), 1990) 10.05.[070]140 Composition. All signs installed under the terms of this [ordinance] title shall be in compliance with the MUTCD; A. Sign panels shall have a blue background with a white reflectorized border for all signs, except historical, cultural and recreational which shall have a brown background. B. Logos shall have a blue background with a white legend and border. The principal legend should be at least equal in height to the directional legend on the sign panel. Where business identification symbols or trademarks are used alone for a logo, the border may be omitted, the symbol or trademark shall be reproduced in the colors and general shape consistent with customary use and any integral legend shall be in proportionate size. Messages, symbols and trademarks which resemble any official traffic control device are prohibited. The vertical and horizontal spacing between logos on sign panels shall not exceed eight inches and 12 inches respectively. C. All directional arrows and all letters and numbers used in the name of the type of service and directional legend shall be white and reflectorized. D. Each logo shall be contained within a 24 -inch wide and 18 -inch high rectangular background area, including border. E. All letters used in the name of the type of service on the sign panel shall be 4 -inch capital letters. F. Tourist -oriented directional signs shall have a blue reflectorized background with a white reflectorized border and message. The intersection sign shall not exceed 18 inches in height and 72 inches in length, and shall have not more than two lines of legend, including a separate direction arrow and the distance to the facility to the nearest one-quarter mile. 0146-1046 The content of the legend shall be limited to the identification of the business and shall not include promotional advertising as determined by the administrator. A six-inch letter height shall be used. Advance tourist -oriented directional signs shall be the same as intersection tourist - oriented directional signs, except that in lieu of the directional arrow and mileage, the sign shall include the directional word information "ahead" or "next left" etc. as may be required. G. All directional arrows, letters and numbers used in the name of the type of service and the directional legend shall be white and reflectorized. H. Tourist -oriented directional signs are to be located at intersections. I. Notwithstanding the fact that a tourist - oriented business meets all of the eligibility requirements of this ordinance and applicable provisions of the Deschutes County Code, an application may be denied if it is determined, after investigation by the administrator, that adequate direction to the business cannot be given by a reasonable number of allowable tourist information directional signs. (Ord. 95- 034 § 1, 1995; Ord. 90-011 § 1 (part), 1990) 10.05. [080] 150 Fees -Installation and maintenance. A. All Type I and Type II signs, except city, county, state and federal directional and information signs, shall be required to reimburse the county for the actual costs of processing the application and the material and labor required to construct, purchase, locate, install and maintain a sign for an applicant. A fee schedule shall be adopted each budget year which sets forth the department's fees which shall apply until replaced by a new fee schedule. B. All Type I and Type II signs shall be installed, maintained and removed by the county in accordance with the MUTCD and this [ordinance] title. (Ord. 95-034 § 1, 1995; Ord. 90-011 § 1 (part), 1990) Chapter 10.05 4 (5/95) 10.05. [090] 160 Criteria for specific information panels. A. Each qualified motorist business identified on a sign panel shall have given written assurance to the administrator of its conformity with all applicable laws concerning the provisions of public accommodations without regard to race, religion, color, sex or national origin, and shall not be in breach of the assurance. B. The types of service permitted shall be limited to: "Gas," which shall include fuel, oil, tire repair, air and water, restroom facilities, drinking water and telephone, with continuous operations for a minimum of 12 hours a day, six days a week. "Food" shall include, continuous operations for a minimum of 12 hours a day, six days a week, restroom facilities and telephone, with the primary business of providing meals. "Lodging" shall include, adequate sleeping accommodations, modern sanitary facilities and drinking water. "Camping" shall include, adequate parking accommodations, modern sanitary facilities and drinking water. C. Panels shall be in the direction of traffic. Successive sign panels shall be those for "camping," "lodging," "food," and "gas," in that order. D. Riders with the words "diesel' or "LP gas" or a rider containing both may be placed on a sign panel underneath any gas logo if the qualified motorist service business has diesel or LP gas available during its hours of operation. Such rider shall be 35 inches long and seven inches high with six-inch letters. The color shall be blue with white letters. The combination rider shall be 52 inches long and seven inches high with five -inch high letters. E. Each qualified tourist -oriented business identified on a tourist -oriented directional sign shall have given written assurance to the administrator of its conformity with all applicable laws concerning the provisions of public accommodations without regard to race, religion, color, sex or national origin, and shall not be in breach of that assurance. 0146-1047 F. Except for undeveloped cultural and historic features, a qualified tourist -oriented business shall have restroom facilities and drinkingwater available; continuous operation at least six hours per day, six days a week during its normal business season; a license where required; and adequate parking accommodations. (Ord. 95-034 § 1,1995; Ord. 90-011 § 1 (part), 1990) 10.05. [100] 170 Spacing of signs and panels. Spacing of sign panels and the placement of directional signs shall be in accordance with the MUTCD and in the judgment of the administrator. In any case, the number of signs, including directional signs, shall be the minimum necessary to enable a motorist to locate the tourist -oriented business or to locate the public service. (Ord. 95-034 § 1, 1995; Ord. 90-011 § 1 (part), 1990) 10.05. [110] 180 Violation -Penalty. A. Any person, firm or corporation erecting, constructing, reconstructing or maintaining a business sign, directional sign, tourist -oriented directional sign, trailblazer or temporary activity sign in violation of the provisions of this title constitutes a Class A infraction and shall be punishable upon conviction by a fine of not more than $500.00. B. Each day of a violation described in subsection A of this section constitutes a separate offense and is punishable as a continuing infraction under chapter 1.16 of this code. (Ord. 95-034 § 1, 1995; Ord. 90-011 § 1 (part), 1990) 10.05. [120] 190 Nuisance Declared -Removal. A. Any sign maintained in violation of this [Ordinance] title constitutes a nuisance. B. Nothing in this chapter shall be construed to limit the authority of the County Road Official pursuant to Oregon Revised Statutes 368.945. (Ord. 95-034 § 1, 1995; Ord. 90-011 § 1 (part), 1990) Chapter 10.05 5 (5/95) 0146-1048 Chapter 10.12 VEHICLE SIZE RESTRICTIONS Sections: 10.12.010 No restrictions on certain vehicles. 10.12.020 Restricted use ofcertainroads. 10.12.010 No restrictions on certain vehicles. Any combination of vehicles with an overall length not exceeding 60 feet and an overall width of eight feet six inches shall be permitted continuous operation on all county and local access roads. (Ord. 84-022 § 1, 1984) 10.12.020 Restricted use ofcertainroads. If it is determined, following an engineering study, that safe and efficient operations are reduced, or movement of combination vehicles permitted in section 10.12.010 presents hazards on specific roads, the subject roadway or sections thereof be listed as restricted by order of the Board of County Commissioners, and such list shall be filed with the county clerk. (Ord. 84-022 § 2, 1984) Chapter 10.12 (5/95) Chapter 10.16 PARADES AND PROCESSIONS Sections: 10.16.010 Permit -Required for certain activities. 10.16.020 Permit -Application - Information required. 10.16.030 Permit -Issuance and route approval conditions. 10.16.040 Appeal procedure. 10.16.050 Permit -Revocation conditions. 10.16.060 Offenses against parade activities. 10.16.070 Funeral processions. 10.16.080 Violation -Penalty. 10.16.010 Permit -Required for certain activities. No person shall organize or participate in a parade which may disrupt or interfere with traffic without obtaining a permit. A permit shall always be required of a procession of people utilizing the public right of way and consisting of 15 or more persons or five or more vehicles. (Ord. 86-069 § 1, 1986) 10.16.020 Permit -Application - Information required. A. Applications for parade permits shall be made to the county sheriff at least 15 days prior to the intended date of the parade, unless the time limit is waived. B. Applications shall include the following information: 1. The name and address of the person responsible for the proposed parade; 2. The date of the proposed parade; 3. The desired route, including assembling points; 4. The number of persons, vehicles and animals which will be participating in the parade; 5. The proposed starting and ending time. C. The application shall be signed by the Chapter 10.16 0146-1049 person designated as chairman. (Ord. 86-069 § 2 (A), (B), 1986) 10.16.030 Permit -Issuance and route approval conditions. A. If the sheriff, upon receipt of the application, determines that the parade can be conducted without endangering public safety and without seriously inconveniencing the general public, he shall approve the route and issue the permit. B. If the sheriff determines that the parade cannot be conducted without endangering public safety or seriously inconveniencing the general public, he may: 1. Propose an alternate route; 2. Propose an alternate date; 3. Refuse to issue a parade permit. C. The sheriff shall notify the applicant of his decision within five days of receipt of the application. D. If the sheriff proposes alternatives or refuses to issue a permit, the applicant shall have the right to appeal its decision to the Board of County Commissioners. (Ord. 86-069 § 2 (C) -(F), 1986) 10.16.040 Appeal procedure. A. An applicant may appeal the decision of the sheriff by filing a written appeal with the Board of County Commissioners within five days after the sheriff has proposed alternatives or refused to issue a permit. B. The Board of County Commissioners shall schedule a hearing date following the filing of the written appeal, and shall notify the applicant of the date and time that he may appear, either in person or by representative. (Ord. 86-069 § 3, 1986) 10.16.050 Permit -Revocation conditions. The sheriff may revoke a parade permit if circumstances clearly show that the parade can no longer be conducted consistent with public safety. (Ord. 86-069 § 5, 1986) (5/95) 0146-1050 10.16.060 Offenses against parade activities. A. No person shall unreasonably interfere with a parade or parade participant. B. No person shall operate a vehicle that is not part of a parade between the vehicles or persons comprising a parade. (Ord. 86-069 § 4, 1986) 10.16.070 Funeral processions. A. A permit shall not be required to conduct a funeral procession. B. The procession shall proceed to the place of internment by the most direct route which is both legal and practicable. C. The procession shall be accompanied by adequate escort vehicles for traffic -control purposes. D. All motor vehicles in the procession shall be operated with their lights turned on. E. No person shall unreasonably interfere with a funeral procession. F. No person shall operate a vehicle that is not part of the procession between the vehicles of a funeral procession. (Ord. 86-069 § 6, 1986) 10.16.080 Violation -Penalty. Violation of any provision of this chapter is a Class B infraction. (Ord. 86-069 § 7, 1986) Chapter 10.16 2 (5/95) 0146-1051 Chapter 10.20 INVENTORY OF IMPOUNDED VEHICLES Sections: 10.20.010 Purpose 10.20.020 Definitions 10.20.030 Inventories 10.20.010 Purpose The purpose of this ordinance is to provide authority for peace officers to conduct inventories of impounded vehicles. Such inventories are necessary to protect private property while in police custody, to reduce or prevent the assertion of false claims for lost or stolen property, and to protect people and property from any hazardous condition or instrumentality that may be associated with the vehicle. (Ord. 94-054 § 1, 1994) 10.20.020 Definitions "Impounded vehicle" means any motor vehicle that is taken into custody by a peace officer for noninvestigatory reasons (e.g., abandoned or unlawfully parked vehicles, etc.). This division shall not apply to vehicles seized as evidence or seized for forfeiture purposes. (Ord. 94-054 § 1, 1994) 10.20.030 Inventories :Any peace officer who impounds a motor vehicle shall conduct an inventory of said motor vehicle as soon as practical. Inventories of impounded vehicles under this division shall be conducted according to the policies and procedures of the law enforcement agency. (Ord. 94-054 § 1, 1994) Chapter 10.20 1 (5/95)