1997-19689-Ordinance No. 97-046 Recorded 6/5/1997REVIEWO
0162-0001
9'7-196*�9 LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Adopting Section 11.04.063, Justice * 97 Ofl I ' —5 AM 9= 46
Building -Searches, of the Deschutes County Code, * _
and Declaring an Emergency. * ,s � � �` = I ill HOLLOW
OU TY CLLR
ORDINANCE NO. 97-046
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. Adoption. Deschutes County Code Section 11.04.063, Justice Building -Searches, is hereby
adopted as set forth in Exhibit A, attached hereto and by this reference incorporated herein.
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. 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 4th day of June, 1997.
AT T:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS OF
DE$CHUTES CO- NTY, ORF4GON
W4
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PAGE I - ORDINANC ENO. 97-046 6-4-97�
'''AED,
EXHIBIT A
to Ordinance 97-046
11.04.063. Justice building -Searches.
Except for on -duty law enforcement
personnel, every person entering throughthe
public entrances of the Deschutes County Justice
Buildingor any Justice Building annex is subject
to search of his or her possessions and must pass
through metal detectors. (Ord. 97-046 1, 1997)
1 - EXHIBIT A to Ordinance 97-046
Chapter 11.04. Public Use
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
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.
11.04.063.
Justice building -Searches.
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 11.04.025-055. (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)
11.04.035. Definition -Parking lot.
"Parking lot" means an area consisting of one
or more parking spaces grouped. (Ord. 96-013 §
1, 1996)
11.04.040. Definition -Program
administrator.
"Program administrator" means the Board,
the County Property and Real Estate Manager,
Deschutes County Department Head or
designees. (Ord. 96-013 § 1, 1996)
0162-0003
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-Rightofway.
"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-Vacantcounty 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.
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
Chapter 11.04 1 (5/1997)
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 maybe 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)
11.04.063. Justice building -Searches.
Except for on -duty law enforcement
personnel, every person enteringtrough the
public entrances of the Deschutes County Justice
Buildingor r any Justice Building annex is subiect
to search of his or her possessions and must pass
through metal detectors. (Ord. 97-046 & 1, 1997)
0162-0004
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 parking lots and roads. Motor vehicles
are prohibited on dedicated public
pedestrian/bicycletrails.
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.
96-013 § 1, 1996)
Chapter 11.04 2 (5/1997)
0162-0005
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
11.04.060(B), is a Class A infraction. (Ord.
96-013 § 1, 1996)
Chapter 11.04 3 (5/1997)