2002-48-Ordinance No. 2002-003 Recorded 1/25/2002REVIEWED
LE AL COUNSEL
REVIEWED
CODE fW COMMITTEE
COUNTY OFFICIAL
MARYHSUE SPENHOLLOW, COUNTYRCLERKS Q 200248
COMMISSIONERS' JOURNAL 01/25/2002 09;05;05 AM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Chapter 1.01,
Code Adoption, of the Deschutes County * ORDINANCE NO. 2002-003
Code And Declaring an Emergency
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. Deschutes County Code Chapter 1.01.012 is hereby adopted to read as
described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in strilfethre .
Section 2. 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 23`d day of January 2002.
ATTEST:
la�qxjl�e�
Recording Secretary
BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTES COUNTY, OREGON
TOM DEWOL hair
DE IS R. LUKE, Commissioner
MICH L M. DALY, ommissioner
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Exhibit A
Chapter 1.01. CODE ADOPTION
1.01.010.
Adoption of Deschutes County
Code.
1.01.011.
Deschutes County Code Review
Committee.
1.01.012.
Review procedure.
1.01.015.
Form and style manual.
1.01.020.
Name of code -References.
1.01.030.
Code references apply to all
amendments.
1.01.040.
Title, chapter and section
headings.
1.01.050.
Effect of code adoption.
1.01.060.
References to documents as code
provisions.
1.01.070.
Prosecutions, collections and
other acts unaffected.
1.01.080.
Constitutionality.
1.01.090.
Codification.
1.01.095.
Existing liabilities.
1.01.010. Adoption of Deschutes County
Code.
Hereby adopted is the Deschutes County Code
Book. The code shall include all existing and
subsequent amendments. An annual update of
the code book will be published in January of
each year.
(Ord. 95-026 § 1, 1995; Ord. 87-014 § 1, 1987)
1.01.011. Deschutes County Code Review
Committee.
It is policy of Deschutes County Board of
Commissioners to provide an accurate, current
code. To implement this policy, Deschutes
County Code Review Committee shall be created
as a permanent committee to enact and enforce
rules for new ordinance preparation, codification
and publication of the code. The code will be
published annually, for a minimum fee, which
reflects the actual cost of service. The
committee's responsibilities shall include
Deschutes County employee education and
training on code publication procedure and
maintenance of the Deschutes County Form and
Style Manual.
(Ord. 95-026 § 1, 1995)
1.01.012. Review procedure.
All codes will be in one automated format which
will allow all proposed changes to codes to be
prepared on disk directly from an up-to-date
codified code. The proposed ordinance will then
be submitted to the Deschutes County Code
Review Committee. The committee shall meet
monthly or as needed, to review ordinances for
accuracy, format and content. Once the
committee has approved the proposed ordinance,
the ordinance is then submitted to Legal Counsel
for review. Upon approval by Legal Counsel, an
agenda request is submitted to the Board of
County Commissioners for board review and
approval/denial. If approved by the Board, then
the code is codified and reprinted for publication.
If denied, the code remains unaltered. This
publication will consist of those sections of each
code that have had alterations during the prior
year through December 31st. The publication
window will be from January 15th through March
1st of each year. The entire publication can be
purchased at any time in an up-to-date format for
cost. The fee for the annual updates will be based
on the actual costs of materials and shipping.
(Ord_ 2002-003 1, 2002- Ord. 95-026 § 1, 1995)
1.01.015. Form and style manual.
The Deschutes County Form and Style Manual is
hereby adopted as the uniform system governing
the form and style of Deschutes County legal
documents.
(Ord. 95-026 § 1, 1995)
1.01.020. Name of code -References.
This code shall be known as the "Deschutes
County Code," and it shall be sufficient to refer to
such code as the "Deschutes County Code" in any
prosecution for the violation of any provision
thereof or in any proceeding at law or in equity.
It shall be sufficient to designate any ordinance
adding to, amending, correcting or repealing all
or any part or portion thereof as an addition to,
amendment to, correction or repeal of the
Deschutes County Code. Further reference may
be had to the titles, chapters, sections and
subsections of the Deschutes County Code, and
such reference shall apply to that numbered title,
Chapter 1.01 1 (10/2001)
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Exhibit A
chapter, section or subsection as it appears in the
code.
(Ord. 87-014 § 2, 1987)
1.01.030. Code references apply to all
amendments.
Whenever a reference is made to this code as the
"Deschutes County Code," or to any portion
thereof, or to any ordinance, order or resolution
of Deschutes County, Oregon, codified herein,
the reference shall apply to all amendments,
corrections and additions heretofore, now and
hereafter made.
(Ord. 87-014 § 3,1987)
1.01.040. Title, chapter and section
headings.
Title, chapter and section headings contained
herein shall not be deemed to govern, limit,
modify or in any manner affect the scope,
meaning or intent of the provisions of any title,
chapter or section hereof.
(Ord. 87-014 § 4, 1987)
1.01.050. Effect of code adoption.
The provisions of this code shall not in any
manner affect matters of record which refer to or
are otherwise connected with ordinances, orders
and resolutions, which are therein specifically
designated by number or otherwise, and which
are included within the code, but such references
shall be construed to apply to the corresponding
provisions contained within this code.
(Ord. 87-014 § 5, 1987)
1.01.060. References to documents as code
provisions.
The last ordinance, order or resolution included
in this code was Ordinance 86-049, passed April
16, 1987. The following ordinances, passed
subsequent to Ordinance 86-049, but prior to the
adoption of this code, are hereby adopted and
made a part of this code: Ordinances 86-051,
86-060, 86-063, 86-066, 86-068, 86-069, 86-071,
86-072, 86-073, 86-075, 86-076, 86-077, 87-001,
87-003, 87-004, 87-005, 87-006 and 87-007.
(Ord. 87-014 § 6, 1987)
1.01.070. Prosecutions, collections and
other acts unaffected.
Neither the adoption of this code nor the repeal
nor amendments hereby of any ordinance, order
or resolution, or part or portion thereof, shall in
any manner affect the prosecution for violations
of ordinances, which violations were committed
prior to the effective date hereof, nor be
construed as a waiver of any license, fee or
penalty at such effective date due and unpaid
under such ordinances, orders or resolutions, nor
be construed as affecting any of the provisions of
such ordinances, orders or resolutions relating to
the collection of any such license, fee or penalty,
or the penal provisions applicable to any violation
thereof, nor to affect the validity of any bond or
cash deposit in lieu thereof required to be posted,
filed or deposited pursuant to any ordinance,
order or resolution, and all rights and obligations
thereunder appertaining shall continue in full
force and effect.
(Ord. 87-014 § 7, 1987)
1.01.080. Constitutionality.
A. If any section, subsection, sentence, clause or
phrase of this code is for any reason held to
be invalid or unconstitutional, such decision
shall not affect the validity of any remaining
portion or portions of this code, unless:
1. The code section, subsection, sentence,
clause or phrase provides otherwise;
2. The remaining part or parts are so
essentially and inseparably connected
with and dependent upon the
unconstitutional or invalid part that it is
apparent that the remaining part or parts
would not have been enacted without the
unconstitutional or invalid part; or
3. The remaining part or parts, standing
alone, are incomplete and incapable of
being carried out in accordance with the
board's intent.
B. If for any reason this entire code should be
declared invalid or unconstitutional, then the
original ordinances, orders and resolutions
shall be in full force and effect.
(Ord. 87-014 § 8, 1987)
Chapter 1.01 2 (10/2001)
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Exhibit A
1.01.090. Codification.
A. Legal Counsel or the Deschutes County Code
Review Committee shall have the authority to
codify adopted ordinances in a manner that
will integrate them into the County Code
consistent with the prescribed form and style
for ordinance codification. Such codification
may include format changes, changes in code
numbering systems and cross-referencing
systems and other, similar non -substantive
changes.
B. As part of codification process, Legal
Counsel or the Deschutes County Code
Review Committee may insert appropriate
legislative history references. Legislative
history references are included for
administrative convenience and not as part of
the substance of the ordinance or code.
C. The text of this code or any adopting
ordinance may be corrected by the Deschutes
County Code Review Committee or Legal
Counsel to cure editorial and clerical errors.
D. Codification changes authorized under this
section are intended to be non -substantive in
nature and may be made without action of the
Board.
(Ord. 98-065 § 1, 1998; Ord. 97-056 § 1, 1997;
93-010 § 1, 1993)
1.01.095. Existing liabilities.
The repeal, express or implied, of any ordinance,
ordinance provision, code section, or any map or
line on a map by any ordinance shall not release
or extinguish any duty, condition, penalty,
forfeiture, or liability incurred under such
ordinance, unless a provision of the 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,
for the purpose of authorizing the prosecution,
conviction and punishment of the person or
persons who violated the repealed ordinance.
(Ord. 97-056 § 2, 1997)
Chapter 1.01 3 (10/2001)
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