1996-19507-Ordinance No. 96-013 Recorded 5/23/1996BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Adopting Title 11,
County Owned Land and Property
of the Deschutes County Code.
ORDINANCE NO. 96-013 -:3:
WHEREAS, Deschutes County finds it is necessary to set out policies for.se`-&d
management of real property owned by Deschutes County; and
WHEREAS, the Board of County Commissioners is authorized by ORS 271 to acquire,
manage and dispose of real property, by ORS 275 to adopt all rules and regulations necessary
or convenient for the protection, administration, operation conveyance, leasing and acquisition
of lands; and
WHEREAS, public hearings have been held consistent with the requirements of state
law; now, therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. That Exhibit "A," attached hereto and by this reference incorporated herein,
is hereby adopted as Title 11 of the Deschutes County Code.
Section 2. That Section 10.12.030 of the Deschutes County Code is rescinded.
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
PAGE 1 OF 2 - ORDINANCE NO. 96-013 (5/22/96)
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JUN 21i 996
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.
Section 5. 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.
DATED this 22nd day of May, 1996.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
7OF ESCHUTES COUNT , OREGON
/1 n D _
C ✓i 1 1 irn A, A
NANCY FOPS SCf ILANGEN, Chair
BARRY 14. SLAUGHTER, Commissioner
Y'G�" n c (i" c.
Recording Secretary RO RT L. NIPPER, Commissioner
PAGE 2 OF 2 - ORDINANCE NO. 96-013 (5/22/96)
0151- I. SJ219
EXHIBIT "A"
Title 11
COUNTY OWNED LAND AND PROPERTY
Chapters:
11.04 Public Use.
PAGE 1 OF 4 - EXHIBIT "A" TO ORDINANCE 96-013 (5/22/96)
Chapter 11.04
PUBLIC USE
Sections:
Definition - Public service facility.
11.04.010
Purpose.
11.04.020
Definitions.
11.04.025
Definition - Industrial land.
11.04.030
Definition - Park.
11.04.035
Definition - Parking lot.
11.04.040
Definition - Program
11.04.080
administrator.
11.04.045
Definition - Public service facility.
11.04.050
Definition - Right of way.
11.04.055
Definition - Vacant county land.
11.04.060
Policies.
11.04.065
Road closures.
11.04.070
Prohibited activities.
11.04.075
Alienation.
11.04.080
Violation - Penalty.
11.04.010 Purpose.
Public use regulations are adopted for the
purpose of protecting public property. (Ord. 96-
013 § 1, 1996)
11.04.020 Definitions.
For the purposes of this chapter, unless
otherwise apparent from the context, certain words
and phrases used in this chapter are defined in this
code and as set forth in Chapter 1.04 and Sections
11.04.025 - 045. (Ord. 96-013 § 1, 1996)
11.04.025 Definition - Industrial land.
"Industrial land" means any County owned real
property zoned for industrial, commercial,
manufacturing, research and development or
warehousing purposes as authorized. (Ord. 96-013
§ 1, 1996)
11.04.030 Definition - Park.
"Park" means any County owned real property
designated by resolution of the Board as a County
park, pursuant to ORS 275.320. (Ord. 96-013 § 1,
1996)
1
11.04.035 Definition - Parking lot.
"Parking lot" means an area consisting of one
or more parking spaces grouped.
11.04.040 Definition - Program
administrator.
"Program administrator" means the Board, the
County Property and Real Estate Manager,
Deschutes County Department Head or designees.
11.04.045 Definition - Public service facility.
"Public service facility" means any real property
that is owned or leased by County where public
services are provided or conducted and shall
include, but not be limited to, buildings, facilities,
or real property which is fenced, enclosed or
otherwise developed and any associated grounds.
(Ord. 96-013 § 1, 1996)
11.04.050 Definition - Right of way.
"Right of way" means the area between the
boundary lines of a street, road or other public
easement. (Ord. 96-013 § 1, 1996)
11.04.055 Definition - Vacant county land.
"Vacant county land" means all County owned
land which does not qualify as a "public service
facility," "park" or "right of way." (Ord. 96-013 §
1, 1996)
11.04.060 Policies.
A. Real Property. Public use of County
owned real property shall be limited to day use
(dawn to dusk) except as permitted herein or
otherwise permitted by adoption of resolution of
the Board.
1. Any County owned real property leased by
authority of the Board to other public agencies or
private parties shall be governed by the terms and
provisions of such leases.
2. County real property may be posted closed
by the County Property and Real Estate Manager,
Director of Road Department, Director of Solid
Waste, or Risk Management Coordinator.
PAGE 2 OF 4 - EXHIBIT "A" TO ORDINANCE 96-013 (5/22/96)
3. County shall not accept real property
except upon recording of a written acceptance
from the Board.
4. Exclusive or other special use of County
owned real property by private entities or other
agencies shall only be granted pursuant to a
written lease or permit authorized by the Board.
B. County Owned/Occupied Buildings.
County public service facilities and other buildings
housing County employees are open to members
of the public who have business with County
employees. However, these buildings are also
places where County employees do their work.
That work often involves sensitive and confidential
issues. County employees require work areas that
are quiet, free from unnecessary foot traffic and
where they may discuss sensitive or confidential
matters without being overheard by persons not
employed by the County.
1. Each department or other program
occupying a building shall establish a waiting area
which is, to the extent possible, located near the
department or program receptionist and outside
the department's or program's work area.
Members of the public are to wait in this area until
the person they are waiting to see is available.
Each waiting area shall be clearly posted as such.
2. Areas other than designated waiting areas
are open to visitors by invitation only. County
department heads and staff are responsible for
their offices, and may request (or order) visitors to
leave their offices at their discretion. County
department heads and department support staff
supervisors are responsible for support staff work
areas, and may, in their discretion, ask visitors to
leave those areas.
C. Public Service Facilities.
1. Public service facilities which provide
services beyond the hours of dawn to dusk shall
operate in a manner deemed appropriate by the
program administrator. Public access may be
restricted by the program administrator, on the
basis of public safety or administrative efficiency to
those areas deemed by the program administrator
to be necessary for provision of the intended
services.
2. County parking lots may be posted with
time and use restrictions. Violations may be cited
by the County Building Services Manager. The
recommended penalty for the citation of violation
of this subsection shall be ten dollars, which shall
double each twenty-four hours up to four days, and
which may be paid as a bail for forfeiture. If not
paid at that time, a warrant may be issued by the
district court to the violator. (Ord. 96-013 § 1,
1996)
11.04.065 Road closures.
Where County property, not generally open for
public use, is or has been used by automobiles,
motorcycles and other off-road vehicles or bicycles
for recreation or for other purposes, and the
County has a need to close the property to this use,
the County will notify the general public of the
intent to close in a local paper of general
circulation. The design of the closure shall be in
accordance with the requirements of the Manual
on Uniform Traffic Control Devices, published by
the Federal Highway Administration, in terms of
signing and barricading. Permanent closures shall
consist of appropriate berms, ditches and
obliteration of existing roads. The closure design
shall be in written form and approved by the
County Engineer or County Traffic Engineer. In
no case shall ropes or cables be used to close the
road or area. (Ord. 96-013 § 1, 1996)
11.04.070 Prohibited activities.
A. No person shall construct, install, or
encroach upon County owned land. No person
shall sever, excavate, damage, vandalize, burn,
litter, remove materials from or cause other site
disturbing activity upon or to County owned land
without obtaining a permit authorizing such
activity, from the Board, Property and Real Estate
Manager, Director of Road Department or
Director of Solid Waste.
B. No person shall cut or remove wood on or
from County owned real property except upon first
obtaining a wood cutting permit from the County
Property and Real Estate Manager.
C. Motor vehicles shall be limited to existing
PAGE 3 OF 4 - EXHIBIT "A" TO ORDINANCE 96-013 (5/22/96)
parking lots and roads. Motor vehicles are
prohibited on dedicated public pedestrian/bicycle
trails.
D. Discharge of firearms is prohibited in and
on public service facilities except as may be
provided by resolution of the Board.
E. No person or group shall exclude any other
member of the public from County owned land,
except as provided by lease, license or resolution
by the Board.
F. No person shall engage in any conduct in
or on property where public services are provided
which hinders, interferes with or prevents those
employees from performing their duties. (Ord.
996-013§ 1, 1996)
11.04.075 Alienation.
No County owned real property shall be sold,
leased, dedicated, licensed, donated, exchanged,
encumbered or otherwise alienated except upon
order of the Board. (Ord. 96-013 § 1, 1996)
11.04.080 Violation - Penalty.
Any violation or failure to comply with any
provision of this chapter, except subsection
11.04.055(B), is a Class A infraction. (Ord. 96-013
§ 1, 1996)
PAGE 4 OF 4 - EXHIBIT "A" TO ORDINANCE 96-013 (5/22/96)