2003-756-Ordinance No. 2003-021 Recorded 4/10/2003REVIEWED
ENIZI
LEGAL COUNSEL
REVIEWED
CODE REV COMMITTEE
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
IIIIIIIII IIIIIIIIIIIIII II IIII
VIII
2003-000736
CLERK°S CJ 2003'156
04/10/2003 05:17:45 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Titles 1, 2, 5, 6, 8, 9, 10,
11, 12, 13, 15, 16, 17, 18, 19 and 21 of the
Deschutes County Code to replace the word
"infraction" with the word "violation" to comply
with Oregon Revised Statutes, and Declaring an
Emergency.
* ORDINANCE NO. 2003-021
*
WHEREAS, the Deschutes County Code ("DCC") uses the term "infraction" to describe violations of
the DCC; and
WHEREAS, the DCC enforcement procedures incorporate by reference several enforcement procedures
in the Oregon Revised Statutes ("ORS"); and,
WHEREAS, the Oregon Legislature amended those ORS provisions in 1999 to eliminate the use of term
"infraction" and replace it with "violation;
WHEREAS, it is necessary to amend the DCC to correspond to the ORS; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 1.04.010, Definitions, is amended 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 sir-ikethfeug .
Section 2. AMENDMENT. DCC 1.08.020, General Powers, is amended to read as described in
EXHIBIT `B," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in s#i-kedv-oti .
Section 3. AMENDMENT. DCC 1.16.010, Violations deemed Class A or B Classification -Penalties,
is amended to read as described in EXHIBIT "C," attached hereto and by this reference incorporated herein,
with new language underlined and language to be deleted in stf=���r �z yeu .
Section 4. AMENDMENT. DCC 1.16.020, Continuing Violations, is amended to read as described in
EXHIBIT "C," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in str-iket4eti .
Section 5. AMENDMENT. DCC 1.16.030, Infraction procedures -Statutory provisions adopted, is
amended to read as described in EXHIBIT "C," attached hereto and by this reference incorporated herein, with
new language underlined and language to be deleted in s#ikethfeuo.
PAGE 1 OF 5 - ORDINANCE NO. 2003-021 (04/09/03)
Section 6. AMENDMENT. DCC 1.16.035, Search-warrants-Statutory provisions adopted, is amended
to read as described in EXHIBIT "C," attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in strilEetl}retl .
Section 7. AMENDMENT. DCC 2.28.220, Violation-Penalty, is amended to read as described in
EXHIBIT "D," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in strip.
Section 8. AMENDMENT. DCC 4.08.127, Penalties-Noncompliance with advertising requirements, is
amended to read as described in EXHIBIT `B," attached hereto and by this reference incorporated herein, with
new language underlined and language to be deleted in stfikedwett .
Section 9. AMENDMENT. DCC 4.08.340, Unlawful acts-Penalty, is amended to read as described in
EXHIBIT "E," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stfikedffeugl3.
Section 10. AMENDMENT. DCC 5.08.110, Infraction, is amended to read as described in EXHIBIT
"F," attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in stfil�_.
Section 11. AMENDMENT. DCC 5.12.080, Violation-Infraction, is amended to read as described in
EXHIBIT "G," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in s#il eu.
Section 12. AMENDMENT. DCC 6.04.090, Violation-fraction, is amended to read as described in
EXHIBIT "H," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in st fi��.
Section 13. AMENDMENT. DCC 6.08.090, Infractions, is amended to read as described in EXHIBIT
"I," attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in sifik�.
Section 14. AMENDMENT. DCC 8.04.040, Violation-Infraction, is amended to read as described in
EXHIBIT "J," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stfik eugn.
Section 15. AMENDMENT. DCC 8.08.120, Violation-Infraction-Enforcement, is amended to read as
described in EXHIBIT "K," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in strikethrough.
Section 16. AMENDMENT. DCC 8.12.240, Violation-Penalty, is amended to read as described in
EXHIBIT "L," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stfiket4ottgrr.
Section 17. AMENDMENT. DCC 8.16.220, Violation-Penalty, is amended to read as described in
EXHIBIT "M," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stfik�, �.
Section 18. AMENDMENT. DCC 8.20.030, Violation-Penalty, is amended to read as described in
EXHIBIT "N," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in strip.
PAGE 2 OF 5 - ORDINANCE NO. 2003-021 (04/09/03)
Section 19. AMENDMENT. DCC 9.04.020, Display to adults, is amended to read as described in
EXHIBIT "O," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stfi�r.
Section 20. AMENDMENT. DCC 9.04.030,
described in EXHIBIT "O," attached hereto and by
underlined and language to be deleted in stfikedffo g .
Display to minors prohibited, is amended to read as
this reference incorporated herein, with new language
Section 21. AMENDMENT. DCC 9.12.020, Purpose, is amended to read as described in EXHIBIT
"P," attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in stfikedwettglt.
Section 22. AMENDMENT. DCC 10.05.110, Violation -Penalty, is amended to read as described in
EXHIBIT "Q," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stfil'e =.
Section 23. AMENDMENT. DCC 10.16.080, Violation -Penalty, is amended to read as described in
EXHIBIT "R," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in st fi , etig .
Section 24. AMENDMENT. DCC 11.04.080, Violation -Penalty, is amended to read as described in
EXHIBIT "S," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in strip.
Section 25. AMENDMENT. DCC 12.24.020, Infractions, is amended to read as described in EXHIBIT
"T," attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in str-ikedweu .
Section 26. AMENDMENT. DCC 12.28.160, Violation -Infraction, is amended to read as described in
EXHIBIT "U," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stfikg h.
Section 27. AMENDMENT. DCC 12.32.020, Violation -Penalty, is amended to read as described in
EXHIBIT "V," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stfil�.
Section 28. AMENDMENT. DCC 12.35.170, Violation -Infraction, is amended to read as described in
EXHIBIT "W," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in striketlfetigh.
Section 29. AMENDMENT. DCC 13.08.050, Violation -Infraction, is amended to read as described in
EXHIBIT "X," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stFiketweugh.
Section 30. AMENDMENT. DCC 13.40.040, Violation -Penalty, is amended to read as described in
EXHIBIT "Y," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in str-il ettgl3.
Section 31. AMENDMENT. DCC 15.04.200, Violation -Penalty, is amended to read as described in
EXHIBIT "Z," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stfik�.
PAGE 3 OF 5 - ORDINANCE NO. 2003-021 (04/09/03)
Section 32. AMENDMENT. DCC 15.08.560, Violation -Infraction, is amended to read as described in
EXHIBIT "AA," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in strileu.
Section 33. AMENDMENT. DCC 15.10.180, Violations and penalties, is amended to read as described
in EXHIBIT `BB" attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stfik-gig h.
Section 34. AMENDMENT. DCC 15.12.140, Prohibited construction, is amended to read as described
in EXHIBIT "CC" attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stfikedffeugh.
Section 35. AMENDMENT. DCC 16.20.020, Infractions, is amended to read as described in EXHIBIT
"DD" attached hereto and by this reference incorporated herein, with new language underlined and language to
be deleted in stir.
Section 36. AMENDMENT. DCC 17.12.130, Violation -Infraction, is amended to read as described in
EXHIBIT `BE" attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in sail ou .
Section 37. AMENDMENT. DCC 18.52.150, Failure to comply, is amended to read as described in
EXHIBIT "FF" attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stfikedwougk.
Section 38. AMENDMENT. DCC 18.52.180, Monitoring, is amended to read as described in
EXHIBIT "FF" attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in
Section 39. AMENDMENT. DCC 18.144.050, Infraction, is amended to read as described in EXHIBIT
"GG" attached hereto and by this reference incorporated herein, with new language underlined and language to
be deleted in s"-�'�.
Section 40. AMENDMENT. DCC 19.120.020, Penalties for violations, is amended to read as described
in EXHIBIT "HH" attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stfil-efiffetig .
Section 41. AMENDMENT. DCC 21.84.020, Penalties for violations, is amended to read as described
in EXHIBIT "IP' attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stfikethfoug
Section 42. NOTE. *** denotes Code in this Chapter not being changed.
PAGE 4 OF 5 - ORDINANCE NO. 2003-021 (04/09/03)
Section 43. 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 day of April, 2003.
BOARD OF COUNTY COMMISSIONERS
OF DESC ES COUNTY, OREGON
DENNIS R. LUK , Chair
TOM DEWOLF, Commissioner
ATT ST:
Recording Secretary
Date of 1St Reading: q day of , 2003.
Date of 2nd Reading: qc day of
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke 1/
Tom DeWolf
Michael M. Daly
Effective date: 7 —day of , 2003.
PAGE 5 OF 5 - ORDINANCE NO. 2003-021 (04/09/03)
EXHIBIT "A'
Chapter 1.04. GENERAL PROVISIONS
1.04.010.
Definitions.
1.04.020.
Grammatical interpretation.
1.04.030.
Interpretation of language.
1.04.040.
Title of office.
1.04.050.
Acts by agents.
1.04.060.
General construction.
1.04.070.
Reference to other ordinances.
1.04.080.
Computation of time.
1.04.090.
Effect of repeals.
1.04.100.
Prohibited acts including causing
and permitting.
1.04.110.
Severability.
1.04.010. Definitions.
• FF wl.
��•�.�mrwi�n•r�nn.�annn�•re.n�•r .
***
(Ord- 2003-021 § 1, 2003,Ord. 95-026 § 1, 1995;
Ord. 86-049 § 1, 1986)
***
* * * Denotes Code in this Chapter not bering
changed.
PAGE 1 of 1 - EXHIBIT "A" TO ORDINANCE NO. 2003-021 (04/09/03)
EXHIBIT "B"
Chapter 1.08. COUNTY POWERS
1.08.010. Power over matters of county
concern.
1.08.020. General powers.
1.08.030. Limitations.
1.08.010. Power over matters of county
concern.
In addition to the authority and powers granted to
the County under the Constitutions of the State of
Oregon and of the United States, the County shall
have authority within the County over matters of
county concern to the fullest extent allowed by
the Constitutions and laws of the State and of the
United States, as fully as if each particular power
comprised in that general authority were
specifically set out in DCC 1.08.
(Ord. 86-047 § 1, 1986)
1.08.020. General powers.
In addition to the authority and powers granted to
the County under the Constitutions and laws of
the State and of the United States, and the general
powers enumerated in ORS 203.010, the County
shall have the following general powers:
A. To employ and pay necessary agents and
employees and contract for personal services.
B. To construct, reconstruct, alter, enlarge,
replace, exchange, operate and maintain
facilities.
C. To permit the use, by lease, license or
otherwise, of any real or personal property of
the county.
D. To acquire, purchase, lease or contract by
gift, devise, condemnation or otherwise, such
real and personal property and rights of way
as are, in the judgment of the Board of
County Commissioners, necessary for the
proper exercise of the powers of the county.
E. To issue bonds and borrow money.
F. To call elections.
G. To fix charges for services and materials
furnished by the county.
H. To make assessments.
I. To make and enforce necessary regulations,
designate , impose
penalties and restrain nuisances.
J. To vacate, sell or transfer real property and
rights of way no longer necessary for use by
the County or the public.
K. To loan money, accept collateral, foreclose
security interests and expend money to
protect security interests.
((�rd 2003-1121 §. 95-032 § 1, 1995;
Ord. 86-047 § 2,-1986)
1.08.030. Limitations.
Nothing in DCC 1.08 shall be deemed to limit or
otherwise modify any power or authority
otherwise granted to the County by the
Constitutions and laws of the State of Oregon and
of the United States of America.
(Ord. 86-047 § 3, 1986)
PAGE 1 of 1 - EXMIT "B" TO ORDINANCE'NO. 2003-021 (04/09/03) -
EXHIBIT "C"
Chapter 1.16. CODE VIOLATIONS AND
ENFORCEMENT
1.16.010. Violations deemed Class A or B
1.16.010. Violations deemed Class A or B
Classification- Penalties.
A. Violation of a county ordinance shall be
punishable, upon conviction, by fine only.
Violations of county ordinances shall be
classified as Class A infiactirmvialatinns or
Class B . Each county
ordinance specifying a county offense shall
classify the ordinance violation as a Class A
or Class B ittfiaction latian.
B. A sentence to pay a fine for a violation of a
county ordinance shall be a sentence to pay
an amount not exceeding:
1. Six hundred dollars for a Class A
or
2. Three hundred dollars for a Class B
infiactiomddation.
C. A sentence to pay a fine for a continuing
violations of a county ordinance shall not
exceed $1,000.00.
(Ord- 2003-021 §3, 2003; Ord. 2002-016 § 9,
2002; 86-076 § 1, 1986)
1.16.020. Continuing violations.
When a violations is of a continuing nature, a
separate violation will be deemed to occur on
each calendar day the inf actionyiQ]atiQn
continues, and a separate summons and complaint
may be filed for each such violation.
((?erl_ 2003-021 64,2ffl3,-Ord. 2002-016 § 9,
2002; 86-076 § 2, 1986)
1.16.030.
procedures -Statutory provisions
adopted.
The ftifiactiovinhWm procedures as set forth in
ORS 8.665, 153.030 to 153.145 and 153.990 shall
be the procedures for county ordinance
infiactivnyiolrafums, and are adopted hereby by
reference.
(Ont_ '2001-021 §S2003; Ord. 2002-032 §1,
2002; 2002-016 § 9, 2002; 86-076 § 3, 1986)
1.16.032. Base Fine Amounts and Violation
Classification for Water Supply,
On -Site Sewage, Building Code,
Subdivision Regulations and
Land Use Regulation Violations.
A. Notwithstanding 1.16.030, for violations of
Chapters 13.04, 13.08, 15.04 and 15.10 and
Titles 17 and 18, the base fine amount shall
be the fine amount.
B. Violations of Chapters 13.04, 13.08, 15.04
and 15.10 and Titles 17 and 18 constitute
Class A violations.
(Ord. 2002-032 § 1, 2002.)
1.16.035. Search warrants -Statutory
provisions adopted.
A. The definition of "offense" as set forth in
ORS 161.505 is adopted: An offense is
conduct for which a sentence to a term of
imprisonment or to a fine is provided by any
law of this state or by any law or ordinance of
a political subdivision of this state. An
offense is a crime or a violation or an
itifiactionxiolation.
PAGE 1 of 2 _ EXHIBIT "C" TO ORDINANCE NO. 2003-021 (04/09/03)
Classification- Penalties.
1.16.020.
Continuing violations.
1.16.030.
fnfractionVinl2tion
procedures -Statutory provisions
adopted.
1.16.032.
Base fine amounts and violation
classification for water supply,
on-site sewage, building code,
subdivision regulations and land
use regulation violations.
1.16.035.
Search warrants -Statutory
provisions adopted.
1.16.040.
Other remedies not precluded.
1.16.045.
Private right of action.
1.16.050.
Stop work or use tag violations.
1.16.060.
Continuation of certain liabilities.
1.16.070.
Code enforcement
officials -Designation by Board.
1.16.080.
Code enforcement
officials -Appointment status.
1.16.090.
Penalty for false information on
noise or animal control violation.
1.16.010. Violations deemed Class A or B
Classification- Penalties.
A. Violation of a county ordinance shall be
punishable, upon conviction, by fine only.
Violations of county ordinances shall be
classified as Class A infiactirmvialatinns or
Class B . Each county
ordinance specifying a county offense shall
classify the ordinance violation as a Class A
or Class B ittfiaction latian.
B. A sentence to pay a fine for a violation of a
county ordinance shall be a sentence to pay
an amount not exceeding:
1. Six hundred dollars for a Class A
or
2. Three hundred dollars for a Class B
infiactiomddation.
C. A sentence to pay a fine for a continuing
violations of a county ordinance shall not
exceed $1,000.00.
(Ord- 2003-021 §3, 2003; Ord. 2002-016 § 9,
2002; 86-076 § 1, 1986)
1.16.020. Continuing violations.
When a violations is of a continuing nature, a
separate violation will be deemed to occur on
each calendar day the inf actionyiQ]atiQn
continues, and a separate summons and complaint
may be filed for each such violation.
((?erl_ 2003-021 64,2ffl3,-Ord. 2002-016 § 9,
2002; 86-076 § 2, 1986)
1.16.030.
procedures -Statutory provisions
adopted.
The ftifiactiovinhWm procedures as set forth in
ORS 8.665, 153.030 to 153.145 and 153.990 shall
be the procedures for county ordinance
infiactivnyiolrafums, and are adopted hereby by
reference.
(Ont_ '2001-021 §S2003; Ord. 2002-032 §1,
2002; 2002-016 § 9, 2002; 86-076 § 3, 1986)
1.16.032. Base Fine Amounts and Violation
Classification for Water Supply,
On -Site Sewage, Building Code,
Subdivision Regulations and
Land Use Regulation Violations.
A. Notwithstanding 1.16.030, for violations of
Chapters 13.04, 13.08, 15.04 and 15.10 and
Titles 17 and 18, the base fine amount shall
be the fine amount.
B. Violations of Chapters 13.04, 13.08, 15.04
and 15.10 and Titles 17 and 18 constitute
Class A violations.
(Ord. 2002-032 § 1, 2002.)
1.16.035. Search warrants -Statutory
provisions adopted.
A. The definition of "offense" as set forth in
ORS 161.505 is adopted: An offense is
conduct for which a sentence to a term of
imprisonment or to a fine is provided by any
law of this state or by any law or ordinance of
a political subdivision of this state. An
offense is a crime or a violation or an
itifiactionxiolation.
PAGE 1 of 2 _ EXHIBIT "C" TO ORDINANCE NO. 2003-021 (04/09/03)
EXHIBIT "C'
B. ORS 133.535 (3), which allows for property
that has been used, or is possessed for the
purpose of being used, to commit or conceal
the commission of an offense to be the
subject of search and seizure is adopted
hereby by reference.
C. The procedure established for obtaining
search warrants as set forth in ORS 133.545
through 133.703 is adopted hereby by
reference.
(nrd 2W3.4Z1 S6 00 , Ord. 96-025 § 1, 1996)
* * nen + g Code in this cbayia not heing
changed -
PAGE 2 of 2 - EXHIBIT "C" TO ORDINANCE NO. 2003-021 (04/09/03)
EXHIBIT "D"
Chapter 2.28. HISTORICAL
Definition -Exterior.
PRESERVATION AND
Definition -Historical interest.
HISTORICAL
Definition -Historical significance.
LANDMARKS
Definition -Landmark.
COMMISSION
2.28.001.
Purpose of provisions.
2.28.005.
Definitions.
2.28.010.
Definition -Alteration.
2.28.015.
Definition -Architectural
significance.
2.28.020. Definition -Board.
2.28.025. Definition -Demolish.
2.28.030.
Definition -Exterior.
2.28.035.
Definition -Historical interest.
2.28.040.
Definition -Historical significance.
2.28.045.
Definition -Landmark.
2.28.050.
Definition -Landmarks
2.28.090.
commission.
2.28.055.
Defmition-Minor alteration.
2.28.060.
Definition -Planning Division.
2.28.070.
Historical landmarks
2.28.160. Exterior alteration and new
commission -Creation,
2.28.170.
membership, term, vacancy filling
and expense reimbursement.
2.28.080.
Officers, meetings and rules of
procedure.
2.28.090.
Functions and duties.
2.28.100.
Historical designation criteria.
2.28.110.
Request for historical designation.
2.28.120.
Historical building or
site -Designation procedure.
2.28.130.
Historical interest -Designation
procedure.
2.28.140.
Historical district -Designation
procedure.
2.28.150.
Designation not a
recommendation for federal
action.
2.28.160. Exterior alteration and new
2.28.210. Appeals from commission
decisions.
2.28.220. Violation -Penalty.
2.28.220. Violation -Penalty.
Violation of DCC 2.28.160(A), DCC 2.28.170(A)
is a Class A itffi actiorndalafm.
(nrrl_ 2003-121 §7,20D2_Ord. 95-027 § 1, 1995;
Ord. 93-053 § 1,1993; Ord. 91-039 § 1, 1991)
Chapter 232. Repealed by Ord. 96-075,1996
Chapter 233. Repealed by Ord. 99-006,1999
* * * Denotes Code in this Chapter not being
changed.
PAGE 1 of 1 - EXHIBIT "D" TO ORDINANCE NO. 2003-021 (04/09/03)
building restrictions.
2.28.170.
Demolition permits and
condemnation proceedings.
2.28.180.
Demolished historical
buildings -Records and artifact
preservation.
2.28.190.
Identification signs.
2.28.200.
Redevelopment and neighborhood
improvement projects -Review by
commission.
2.28.210. Appeals from commission
decisions.
2.28.220. Violation -Penalty.
2.28.220. Violation -Penalty.
Violation of DCC 2.28.160(A), DCC 2.28.170(A)
is a Class A itffi actiorndalafm.
(nrrl_ 2003-121 §7,20D2_Ord. 95-027 § 1, 1995;
Ord. 93-053 § 1,1993; Ord. 91-039 § 1, 1991)
Chapter 232. Repealed by Ord. 96-075,1996
Chapter 233. Repealed by Ord. 99-006,1999
* * * Denotes Code in this Chapter not being
changed.
PAGE 1 of 1 - EXHIBIT "D" TO ORDINANCE NO. 2003-021 (04/09/03)
EXHIBIT "E"
Chapter 4.08. TRANSIENT ROOM
4.08.290. Transient room tax fund.
TAX
4.08.300. Recordkeeping.
4.08310. Examination of records.
4.08.010.
Short title.
4.08320. Administration -Confidentiality.
4.08.020.
4.08.025.
Definitions.
Definition -Accrual accounting.
4.08.330. Appeals.
4.08340. Unlawful acts -Penalty.
4.08.030.
Definition -Board.
4.08.035.
Definition -Cash accounting.
4.08.040.
Definition -County.
4.08.127. Penalties -Noncompliance with
4.08.045.
Definition -Hotel.
advertising requirements.
4.08.050.
Definition -Occupancy.
It is an �ettviolation for any operator who
4.08.055.
Definition -Operator.
or causes to appear through any medium
4.08.060.
Definition -Person.
places
an advertisement soliciting reservations or rental
4.08.065.
4.08.070.
Definition -Rent.
Definition -Rent package plan.
availability for any location if such advertisement
4.08.075.
Definition -Tax.
does not include the certificate of authority
number as prescribed in DCC 4.08.140. No
4.08.077.
4.08.080.
Definition -Site.
Definition -Tax Administrator.
operator shall fail or refuse to fumish information
4.08.085.
Definition -Transient.
related to the advertising of any location upon
4.08.090.
Tax imposed.
request of the Tax Administrator. Violation of
any provision of DCC 4.08.127 is a Class A
4.08.100.
Applicability.
fi4faetionviolation.
4.08.110.
4.08.120.
Operator -Collection -Amount.
Operator -Collection -Procedure.
(Ord 2003-021§8, 2003; Ord. 97-073 §2,1997)
4.08.125.
Personal liability.
4.08.127.
Penalties -Noncompliance with
advertising requirements.
4.08340. Unlawful acts -Penalty.
4.08.130.
4.08.140.
Exemptions.
Operator -Registration -Form and
It is an violation for any operator or
contents -Execution -Certificate of
other person so required to fail or refuse to
authority.
register as required in DCC 4.08, or to furnish
4.08.145.
Operator -Advertising of hotel
any return required to be made, or fail or refuse to
data
rentals -Identification required.
due.
furnish a supplemental return or other
required by the Tax Administrator or to render a
4.08.150.
Returns and payments -Date
false or fraudulent return. No person required to
4.08.160.
Penalties and
make, render, sign or verify any report shall make
4.08.170.
interest -Delinquency.
Penalties and interest -Continued
any false or fraudulent report, with intent to
delinquency.
defeat or evade the determination of any amount
4.08.180.
Penalties and interest -Fraud.
due required by DCC 4.08. Violation of any
4.08.190.
Penalties and interest -Assessment
provision of DCC 4 is a Class A
4.08.200.
of interest.
Penalties and interest -Penalties
...6 violation.
(Ord 2003-021 §9, 2003; Ord. 95-029 § 1, 1995;
merged with tax.
Ord. 83-013 § 1, 1983; Ord. 203-3 § 19,1975)
4.08.210.
Penalties and interest -Petition for
4.08.220.
waiver.
Deficiency determination.
* * * Denotes Code in this Chapter not
4.08.230.
Fraud -Refusal to collect Evasion.
being changed.
4.08.240.
Operator delay.
4.08.250.
Redeterminations.
4.08.260.
Security for collection of tax.
4.08.270.
Lien.
4.08.280. Refunds.
PAGES 1 of 1 - EXHIBIT "E" TO ORDINANCE NO. 2003-021 (04/09/03)
EXHIBIT "F'
Chapter 5.08. ANTIQUE,
SECONDHAND AND
JUNK DEALERS
5.08.010.
Definitions.
5.08.020.
License required -Fee.
5.08.030.
Exemptions.
5.08.040.
Application for license.
5.08.050.
License revocation conditions.
5.08.060.
Regulation of premises.
5.08.070.
Records required.
5.08.080.
Retention of articles.
5.08.090.
Purchases from minors.
5.08.100.
Nuisance operations.
5.08.110.
Violation -infraction.
***
5.08.110. Violation4nfraction.
Violation of DCC 5.08 constitutes a Class A
(Ord- 2003-021 610.x; Ord. 95-030 § 1,
1995; Ord. 85-006 § 9,1985)
* * * Denotes Code m this Chapter not bering
changed.
PAGE 1 of 1 - EXHIBIT "F" TO ORDINANCE. NO. 2003-021 (04/09/03)
EXHIBIT "G"
Chapter 5.12. OCCUPANCY
REGULATIONS
5.12.010.
:Definitions.
5.12.015.
:Definition -Dwelling unit.
5.12.020.
:Definition -Overnight.
5.12.025.
:Definition -Owner.
5.12.030.
Definition -Person.
5.12.035.
Definition -Rental occupant.
5.12.040.
Definition -Rents.
5.12.045.
Definition -Sleeping area.
5.12.050.
Occupancy limitations.
5.12.060.
Posting occupancy limitation.
5.12.070.
Notification.
5.12.080.
Violation -Infraction.
5.12.080. Violation-infractionr
Violation of any provision of DCC 5.12
constitutes an infiac ionyialation as follows:
A. Any person who rents or offers for rent a
dwelling unit in the PC Zone without posting
the maximum allowable overnight occupancy
commits a class B ' i n -
B. Any person who rents for money a dwelling
unit in the PC Zone without informing, in
writing, in the rental agreement or by
separate document, the prospective rental
occupant of the maximum allowable
overnight occupancy commits a class B
infiactio�iQn.
C. Each and every rental occupant occupying a
dwelling unit in which the maximum
overnight occupancy has been exceeded as
provided by DCC 5.12 commits a class B
D. Any person who offers for rent or rents a
dwelling unit for overnight occupancy to a
person with actual knowledge that the person
intends to exceed the maximum allowable
overnight rental occupancy of the dwelling
unit commits a class A '
�pp�t+t t, X00 Ord 95-030 § 1,
1995; Ord. 91-044 § 1, 1991)
* * * Denotes Code in this Chapter not being
changed.
PAGE 1 of 1 - EXHIBIT "G" TO ORDINANCE NO. 2003-021 (04/09/03)
EXHIBIT "H"
Chapter 6.04. DOG LICENSES
6.04.010.
Definitions.
6.04.020.
Dog licenses required.
6.04.030.
Dog licenses.
6.04.040.
Expiration.
6.04.050.
Fees.
6.04.060.
Exemptions from license fees.
6.04.070.
Dogs kept primarily in kennels.
6.04.080.
Kennel licenses.
6.04.090.
Violation-fufraction.
***
6.04.090. Violation-faft action.
Violation of any provision of DCC 6.04 is a Class
B .
(()rd_ 2003-021 §12. 2001- Ord. 90-019 § 1,
1990)
* * * Denotes Code in this Chaper not being
changed.
PAGE 1 of 1 - EXHIBIT "H" TO ORDINANCE NO. 2003-021 (04/09/03) __
EXHIBIT "I"
Chapter 6.08. ANIMAL. CONTROL
6.08.010.
Definitions.
6.08.015.
Definition -At large.
6.08.020.
Definition -Dangerous dog.
6.08.025.
Definition -Keeper.
6.08.030.
Definition -Livestock.
6.08.035.
Definition -Livestock district.
6.08.040.
Definition -Open range.
6.08.045.
Definition -Unconfined.
6.08.050.
Conditions when animals are
nuisances.
6.08.060.
Animals at large.
6.08.070.
Dangerous dog.
6.08.080.
Impermissible harboring.
6.08.090.
Inn artionYiolatiois.
6.08.100.
When impoundment of dogs
authorized.
6.08.090.
A. Except as provided herein, violation of any
provision of DCC 6.08 is a Class B
ixifractirnntiQlatinn.
B. Violation of DCC 6.08.050(A)(1), (7) or (8),
DCC 6.08.060, DCC 6.08.070 or DCC
6.08.080 is a Class A '
(0,L_2Q{a3-021 s t 3 203 Ord. 98-008 § 1,
1998; Ord. 97-011 § 2, 1997; Ord. 95-031 § 1,
1995; Ord. 90-019 § 1, 1990)
***
* * * Denotes Code in this Chapter not being
changed.
PAGE 1 of 1 - EXHIBIT "I" TO ORDINANCE NO.2003-021 (04/09/03) -
EXHIBIT "J"
Chapter 8.04. STATE HEALTH
DIVISION LICENSES
8.04.010. License required -Restaurant
8.04.010. License required -Restaurant
operation.
No person shall operate a restaurant, temporary
restaurant or limited service restaurant without a
current license to do so from the Health Division
of the Department of Human Resources of the
state.
(Ord. 83-034 § 1, 1983)
8.04.020. License required -Swimming pool,
bath, spa, wading pool or
bathhouse.
No person shall operate or maintain a public
swimming pool, bath, spa, wading pool or
bathhouse without a current license to do so from
the Health Division of the Department of Human
Resources of the state.
(Ord. 83-034 § 2,1983)
8.04.030. Certificate of sanitation
required -Travellers'
accommodation or recreation
park.
No person shall establish, operate, maintain or
manage a travellers' accommodation or recreation
park without securing a current certification of
sanitation.
(Ord. 83-034 § 3, 1983)
8.04.035. License required -Bed and
breakfast facility.
No person shall operate a bed and breakfast
facility without a current license to do so from
the Health Division of the Oregon Department of
Human Resources.
( Ord. 88-025 § 1, 1988)
8.04.040. Violation4btft tetion.
Violation of any provision of DCC 8.04 is a Class
B violation. I
(Ord. 2003-021 §14, 2003; Ord. 83-034 § 4,
1983)
PAGE 1 of 1 - EXHIBIT "J" TO ORDINANCE NO. 2003-021 (04/09/03) -
operation.
8.04.020.
License required -Swimming pool,
bath, spa, wading pool or
bathhouse.
8.04.030.
Certificate of sanitation
required -Travellers'
accommodation or recreation
park.
8.04.035.
License required -Bed and
breakfast facility.
8.04.040.
Violation4nh%etion.
8.04.010. License required -Restaurant
operation.
No person shall operate a restaurant, temporary
restaurant or limited service restaurant without a
current license to do so from the Health Division
of the Department of Human Resources of the
state.
(Ord. 83-034 § 1, 1983)
8.04.020. License required -Swimming pool,
bath, spa, wading pool or
bathhouse.
No person shall operate or maintain a public
swimming pool, bath, spa, wading pool or
bathhouse without a current license to do so from
the Health Division of the Department of Human
Resources of the state.
(Ord. 83-034 § 2,1983)
8.04.030. Certificate of sanitation
required -Travellers'
accommodation or recreation
park.
No person shall establish, operate, maintain or
manage a travellers' accommodation or recreation
park without securing a current certification of
sanitation.
(Ord. 83-034 § 3, 1983)
8.04.035. License required -Bed and
breakfast facility.
No person shall operate a bed and breakfast
facility without a current license to do so from
the Health Division of the Oregon Department of
Human Resources.
( Ord. 88-025 § 1, 1988)
8.04.040. Violation4btft tetion.
Violation of any provision of DCC 8.04 is a Class
B violation. I
(Ord. 2003-021 §14, 2003; Ord. 83-034 § 4,
1983)
PAGE 1 of 1 - EXHIBIT "J" TO ORDINANCE NO. 2003-021 (04/09/03) -
EXHIBIT "r
Chapter 8.08. NOISE CONTROL
8.08.010.
Title.
8.08.020.
Authority.
8.08.030.
Purpose.
8.08.040.:Definitions.
8.08.050.:Exception
for certain farming and
forestry practices.
8.08.060.
Construction.
8.08.070.
Acts prohibited.
8.08.080.
Permits -Issuance.
8.08.090.
Variances.
8.08.100.
Amendments.
8.08.110.
Publication and effect of rules.
8.08.120.
Violation4 e6o$-
Enforcement.
8.08.130.
Abatement and removal.
***
8.08.120. Violation-DIff"6en-
Enforcement.
A. Violation of any provision of DCC 8.08 is a
Class A infia ion -
violation -B. It shall be the responsibility of the Deschutes
County Sheriff to enforce DCC 8.08.
(Ord. 2003-021 §15 2003; Ord. 95-032 § 1,
1995; Ord. 83-018 § 1, 1983; Ord. 203.11 § 6,
1980)
* * * Denotes Code in this Chapter not being
changed.
PAGE 1 of 1 - EXHIBIT "K" TO ORDINANCE NO. 2003-021 (04/09/03)
EXHIBIT "L"
Chapter 8.12. ALARM EQUIPMENT
AND SECURITY
SERVICES
8.12.010.
Definitions.
8.12.015.
Defmition-Alarm equipment
supplier.
8.12.020.
Definition -Alarm monitoring
service.
8.12.025.
Definition -Automatic protection
device.
8.12.030.
Definition -Direct line.
8.12.035.
Definition -False alarm.
8.12.040.
Definition -Key.
8.12.045.
Definition -Regular telephone line.
8.12.050.
Defidtion-Security persons.
8.12.055.
Definition -Sensory detection
apparatus.
8.12.060.
Alarm receivers.
8.12.070.
Automatic protection device -
Restrictions on keying.
8.12.080.
Duties of owner or lessee.
8.12.090.
Equipment supplier -License -
Required.
8.12.100.
Equipment supplier -License
Application.
8.12.110.
Equipment supplier -Denial of
application.
8.12.120.
Equipment supplier -Identification
cards.
8.12.130.
Equipment supplier -Operational
standards.
8.12.140.
Monitoring services -License -
Required -Fee.
8.12.150.
Monitoring service -License -
Application and issuance
conditions.
8.12.160.
Monitoring service -Operational
standards.
8.12.170.
ersonnel License -
Security personnel-License-
Required-Fee.
Required -Fee.
8.12.180.
Security personnel -License -
Application.
8.12.190.
Fees.
8.12.200.
Disposition of fees.
8.12.210.
Nonliability of County.
8.12.220.
False alarms -Penalties.
8.12.230.
Suspension or revocation of
licenses.
8.12.240. Violation -Penalty.
8.12.240. Violation -Penalty.
Violation of any provision of DCC 8.12, or
disobeying any order of the Sheriff made
pursuant to DCC 8.12.220 is a Class A
infr-aefienviolation.
(Ord. 2003-021 06. 2003; Ord. 95-032 § 1,
1995; Ord. 83-017 § 1, 1983; Ord. 203.10 §
16.020, 1979)
* * * Denotes Code in this Chapter not being
changed.
PAGE 1 of 1 - EXHIBIT "L" TO ORDINANCE NO. 2003-021 (04/09/03)
EXHIBIT "M"
Chapter 8.16. ENTERTAINMENT
comply with DCC 8.16 shall be a separate
for each such day, and shall be punishable
ASSEMBLIES
offense
as a continuing h&aettenviolation under DCC
8.16.010.
Definitions.
1.16._prg 2003-021 §17 2003; Ord. 95-032 § 1,
8.16.015.
Definition -Entertainment
1995; Ord. 86-026 § 1, 1986; Ord. CG -3
8.16.020.
assembly.
Definition -Health Department.
9/16/70 13,1970)
) §
8.16.025.
Definition -Sheriff.
* * * Denotes Code in this Chapter not being
8.16.030.
:Permit -Required.
changed
8.16.040.
:Permit -Exceptions.
8.16.050.
Permit -Fee -Application.
8.16.060.
Permit -Bond and insurance.
8.16.070.
Permit -Application -Approval -
8.16.080.
Permit -Issuance condition
one -Sanitary facilities.
8.16.090.
Permit -Issuance condition
two -Fire protection standards.
8.16.100.
Permit -Issuance condition
three -Medical service.
8.16.110.
Permit -Issuance condition
four -Public safety.
8.16.120.
Permit -Issuance condition
five -Parting facilities.
8.16.130.
Permit -Posting.
8.16.140.
Inspection of premises.
8.16.150.
Restricted hours of operation.
8.16.160.
Operator responsible for
preserving order.
8.16.170.
Crowd limitation.
8.16.180.
Intoxicating liquor proldbited.
8.16.190.
Narcotic and dangerous drags
prohibited.
8.16.200.
Compliance required.
8.16.210.
Review of Board's action.
8.16.220.
Violation -Penalty.
8.16.220. Violation -Penalty.
Any person who violates or fails to comply with
any provisions of DCC 8.16, or who, having
obtained a permit under DCC 8. 16, willfully fails
to continue to comply with the terms and
conditions thereunder, or who counsels, aids or
abets such a violation or failure to comply
commits a Class A violation, and shall
be punished, upon conviction, by a fine of not
more than $500.00. A failure from day to day to
PAGE 1 of 1 - EXHIBIT "M" TO ORDINANCE NO. 2003-021 (04/09/03)
EXHIBIT "N"
Chapter 8.20. OPEN BURNING
8.20.010. Open burning prohibited when.
8.20.020. Burning permits -Conditions.
8.20.030. Violation -Penalty.
8.20.010. Open burning prohibited when.
No person, outside the boundaries of a rural fire
protection district or a forest protection district,
shall cause or permit to be initiated or maintained
on his own property, or cause to be initiated or
maintained on the property of another any open
burning of commercial waste, demolition
material, domestic waste, industrial waste, land
clearing debris or field burning from July 1st
through November 1st of each year unless
weather conditions require earlier termination of
burning, or permit earlier resumption of burning,
as determined by the County Fire Defense Board.
(Ord. 88-013 § 1, 1988; Ord. 84-027 § 1, 1984;
Ord. 84-009 § 1, 1984)
8.20.020. Burning permits -Conditions.
Notwithstanding DCC 8.20.010, burning permits
may be issued by the County Commissioners, or
their designees, if all three of the following
conditions are met:
A. Evidence is presented that the material must
be disposed of prior to November 1st, and
that no satisfactory alternative to burning is
available;
B. Appropriate fire -control measures are
provided by the permittee as specified by the
burning permit to prevent unwanted spread of
the fire;
C. The appropriate permit is obtained from the
State Department of Environmental Quality,
if under their jurisdiction.
(Ord. 84.027 § 2,1984; Ord. 84.009 § 2,1984)
8.20.030. Violation -Penalty.
Violation of DCC 8.20 is a Class A
is aetienviolation.
(Ord. 2003-021 §18; 2003, Ord. 84-027 § 3,
1984; Ord. 84-009 § 3, 1984)
PAGE 1 of 1 - EXHIBIT "N" TO ORDINANCE NO. 2003-021 (04/09/03) =
EXHIBIT "O"
Chapter 9.04. DRUG
PARAPHERNALIA
9.04.010. Definitions.
9.04.020. Display to adults.
9.04.030. Display to minors prohibited.
9.04.010. Definitions.
For the purposes of DCC 9.04, unless otherwise
apparent from the context, certain words and
phrases used in DCC 9.04 are defined as set forth
in DCC 9.04.010.
"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 ORS 475.035; a drug as defined
in ORS 475.005(13), and marijuana, as defined in
ORS 475.005(15).
"Drug paraphernalia" means:
A. Any machine, instrument, tool, equipment or
device which is primarily adapted, designed
and intended for one or more of the
following:
1. To introduce into the human body any
controlled substances - under
circumstances in violation of the laws of
the state;
2. To enhance the effect on the human body
of any controlled substance under
circumstances in violation of the laws of
the state;
3. To conceal any quantity of any controlled
substance under circumstances in
violations of the laws of the state;
4. To test the strength, effectiveness or
purity of any controlled substance under
circumstances in violation of the laws of
the state; and
B. Those items set forth in ORS 163.575(e)(A)
through 163.575(exG).
(Ord. 95-033 § 1, 1995; Ord. 82-022 § 1, 1982)
9.04.020. 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
infiactioradolation.
(Ord 2003-02] § l 9,20D3,_Ord. 82-022 § 3,
1982)
9.04.030. 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 infiactiomdolation.
(nr2 2003-021 §,-Ord. 82-022 § 2,
1982)
PAGE 1 of 1 - EXHIBIT "O" TO ORDINANCE NO. 2003-021 (04/09/03)
EXHIBIT "P"
Chapter 9.12. RIGHT TO FARM
9.12.010.
Short title.
9.12.020.
Purpose.
9.12.030.
Definitions.
9.12.035.
Defmition-Facility.
9.12.040.
Definition -Farming.
9.12.045.
Definition -Farming practice.
9.12.050.
Definition -Forest practice.
9.12.055.
Defmition-Nonresource use.
9.12.060.
Definition -Generally accepted.
9.12.065.
Defmition-Farming and forest
practices exclusions.
9.12.070.
Definition -Nuisance or trespass.
9.12.075.
Definition -Pesticide.
9.12.080.
Prohibition on enactments that
make farm and forest uses a
forest lands must accept resource uses and
management practices.
B. DCC 9.12 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 infractiomdolations
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.
(nrcl_ 20034)21 §21,_2003�—Ord. 95-024 § 2,
1995)
nuisance or trespass.
9.12.090. Protection of farm and forest uses * * * Denotes Code in this Chapter not being
on lands zoned for resource use. changed
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 DCC 9.12 to protect farm
and forest -based economically productive
activities of Deschutes County in 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 ORS chapter
30 that persons located on or near farm and
PAGE 1 of 1 - EXHIBIT "P" TO ORDINANCE NO.' 2003-021 (04/09/03)
EXHIBIT "Q"
Chapter 10.05. RIGHT OF WAY SIGNS
10.05.010.
Introduction.
10.05.020.
]Definitions.
10.05.030.
'Prohibited uses.
10.05.040.
:Exemptions.
10.05.050.
Sign types.
10.05.060.
.Application process.
10.05.070.
Composition.
10.05.080.
Fees -Installation and
maintenance.
10.05.090.
Criteria for specific information
panels.
10.05.100.
Spacing of signs and panels.
10.05.110.
Violation -Penalty.
10.05.120.
Nuisance declared -Removal.
10.05.110. 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 DCC 10.05 constitutes a Class
A ' . �ti and shall be punishable
upon conviction by a fine of not more than
$500.00.
B. Each day of a violation described in DCC
10.05.110(A) constitutes a separate offense
and is punishable as a continuing
�1 r� inn under DCC 1.16.
(Qrd200 §2 Ord. 95-034 § 1,
1995; Ord. 90-011 § 1, 1990)
10.05.120. Nuisance declared -Removal.
A Any sign maintained in violation of DCC
10.05 constitutes a nuisance.
B. Nothing in DCC 10.05 shall be construed to
limit the authority of the County Road
Official pursuant to ORS 368.945.
(Ord. 95-034 § 1,1995; Ord. 90-011 § 1, 1990)
* * * Denotes Code in this Chapter not being
changed.
PAGE 1 of 1 - EXHIBIT "Q" TO ORDINANCE NO. 2003-021 (04/09/03)
EXHIBIT "R"
Chapter 10.16. PARADES AND
PROCESSIONS
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.
10.16.080. Violation -Penalty.
Violation of any provision of DCC 10.16 is a
Class B ' .
(Ord- 2.003-021 §21_200-3;—Ord. 86-069 § 7,
1986)
PAGE 1 of 1 - EXHIBIT "R" TO ORDINANCE NO. M03-021 (04/09/03)
EXHIBIT "S"
Chapter 11.04. PUBLIC USE
11.04.010.
Purpose.
11.04.020.
Definitions.
11.04.030.
Policies.
11.04.040.
Justice building -Searches.
11.04.050.
Road closures.
11.04.060.
Prohibited activities.
11.04.070.
Alienation.
11.04.080.
Violation -Penalty.
11.04.080. Violation -Penalty.
Any violation or failure to comply with any
provision of DCC 11.04, except DCC
11.04.030(B), is a Class A firfitactionviolation.
(n, 2ffl3,(aL§A Ord. 96-013 § 1,
1996)
* * * Denotes Code in this Chapter not being
changed.
PAGE 1 of 1 - EXHIBIT "S" TO ORDINANCE NO. 2003-021 (04/09/03)
EXHIBIT'T'
Chapter 12.24. VIOLATION -PENALTY
12.24.010. Civil remedies.
12.24.020. Ina ac ouyjnlatinns.
12.24.010. Civil remedies.
In case any facility or structure is constructed or
proposed to be constructed, maintained, repaired,
altered or used in violation of DCC 12.24, such
violation shall constitute a nuisance and the
county may institute legal proceedings to prevent,
enjoin, temporarily or permanently abate, remove
or correct the nuisance.
(Ord. 203-7 § 6.020, 1976)
12.24.020. InfiactionUolafians.
Violation of the provisions of DCC 12.04 through
DCC 12.24 is a Class B infi ac ionyialafiim.
(Ord_ 2003-021 §25. 2On3;_Ord. 83-016 § 1,
1983; Ord. 203-7 § 6.010, 1976)
PAGE 1 of 1 - EXHIBIT "T" TO ORDINANCE NO. 2003-021 (04/09/03)
EXHIBIT "U"
Chapter 12.28. DRIVEWAYS AND
STREET
IMPROVEMENTS
12.28.010.
:Definitions.
12.28.015.
:Definition -Apron.
12.28.020.
:Definition-Curbline.
12.28.025.
:Definition -Curb return.
12.28.030.
Definition -Driveway.
12.28.035.
Definition -Driveway approach.
12.28.040.
Definition -End slopes.
12.28.045.
Definition -Sidewalk section.
12.28.050.
Permit -Required.
12.28.060.
Permit -Application.
12.28.070.
Permit -Approval and issuance.
12.28.080.
Public property use restrictions.
12.28.090.
Prohibited locations.
12.28.100.
Width of driveway approach
12.28.160. Violation -infraction.
Violation of any provision of DCC 12.28 is a
Class B inftwfiorviolatit�n.
([�r2003 X21 §2F► L; Ord. 95-035 § 1,
1995; Ord. 83-015 § 1, 1983; Ord. 203-6 § -13,
1975)
* * * Denotes Code in this Chapter not being
changed.
PAGE 1 of 1 - EXHIBIT "U" TO ORDINANCE NO. 2003-021 (04/09/03)
apron.
12.28.110.
Driveway approaches near alleys.
12.28.120.
Driveways in areas of limited
street improvements.
12.28.130.
Construction details.
12.28.140.
Variances permitted when.
12.28.150.
Violation -Civil remedies.
12.28.160.
Violation -Infraction.
12.28.160. Violation -infraction.
Violation of any provision of DCC 12.28 is a
Class B inftwfiorviolatit�n.
([�r2003 X21 §2F► L; Ord. 95-035 § 1,
1995; Ord. 83-015 § 1, 1983; Ord. 203-6 § -13,
1975)
* * * Denotes Code in this Chapter not being
changed.
PAGE 1 of 1 - EXHIBIT "U" TO ORDINANCE NO. 2003-021 (04/09/03)
EXHIBIT "V"
Chapter 12.32. WATER ON PUBLIC
RIGHTS OF WAY
12.32.010. Prohibited.
12.32.020. Violation -Penalty.
1232.010. Prohibited.
No person shall permit irrigation water to flow,
collect, aggregate, fall or settle upon a public
right of way.
(Ord. 83-030 § 1, 1983)
1232.020. Violation -Penalty.
Violation of DCC 12.32 constitutes a Class B
((?rd_ 2003-021 §27. 2ffla,—Ord. 83-030 § 1,
1983)
PAGE 1 of 1 - EXHIBIT "V" TO ORDINANCE .0.2003-021 (04/09/03)
EXHIBIT "W"
Chapter 12.35. SIDEWALKS
12.35.010.
Title for citation.
12.35.020.
Purpose of provisions.
12.35.030.
Definitions.
12.35.035.
Definition -Property owner.
12.35.040.
Definition -Sidewalk.
12.35.050.
Sidewalk standards.
12.35.060.
Repairs.
12.35.070.
Sidewalk permit.
12.35.080.
Sidewalk requirements for new
building construction.
12.35.090.
Land division sidewalk
requirements.
12.35.100.
Developed area sidewalk.
12.35.110.
Prohibited activities and uses.
12.35.120.
Owners to fill ground between
curb and sidewalk.
12.35.130.
Liability for sidewalk injuries.
12.35.140.
Access during construction.
12.35.150.
Variance conditions.
12.35.160.
Violation -Nuisance.
12.35.170.
Violation-lafractivn.
1235.170. Violation-Drfraction.
Violation of any provision of DCC 12.35 is a
Class B itifrac ic nyifllafm-
(; Ord. 95-035 § 1,
1995; Ord. 88-014 § 1, 1988)
* * * Denotes Code in this Chapter not being
changed.
I -
PAGE 1 of 1 - EXHIBIT "W" TO ORDINANCE NO. 2003-021 (04/09/03)
EXHIBIT "X"
Chapter 13.08. ON-SITE SEWAGE
DISPOSAL AND SEPTIC
TANKS
13.08.010.
Document adopted by reference.
13.08.020.
Construction of pit privies
prohibited.
13.08.030.
Septic location approval.
13.08.040.
Permit fees.
13.08.050.
Violation -Infraction.
***
13.08.050. Violation-brftvction.
A. It is unlawful to construct, alter, repair,
operate or maintain on-site sewage disposal
systems in the unincorporated areas of the
County, or cause the same to be done,
contrary to or in violation of any of the
provisions of DCC 13.08.
B. Violation of any provision of DCC 13.08 is a
Class A infiac tionyblati(m.
(Ord. 9003-021 §29, 003,—Ord. 83-057 § 4,
1983)
* * * Denotes Code in this Chapter not being
changed.
PAGE 1 of 1 - EXHIBTT "X" TO ORDINANCE NO. 2003-021 (04/09/03)
EXHIBIT "Y"
Chapter 13.40. ENFORCEMENT,
APPEALS, PENALTIES
13.40.010. Enforcement.
13.40.020. Appeals -Decisions of the Board.
13.40.030. .Appeals -Decisions of the
administrator.
13.40.040. Violation -Penalty.
13.40.010. Enforcement.
It is the duty of the Board to. enforce DCC 13.12
through 13.40.
(Ord. 85-037 § 13.03, 1985)
13.40.020. Appeals -Decisions of the Board.
All decisions of the Board under DCC 13 shall be
reviewable by the Circuit Court of the State for
the County.
(Ord. 85-037 § 13.01, 1985)
13.40.030. Appeals -Decisions of the
administrator.
The Board, upon its own motion or upon the
request of an interested person or affected public
agency or public body, may review the decisions
of the administrator made pursuant to DCC 13
and may uphold, modify, rescind or leave
standing the decision of the administrator. The
Board may hold a public hearing with notice to
interested persons, public agencies or public
bodies to review a decision of the administrator.
(Ord. 85-037 § 13.02,1985)
13.40.040. Violation -Penalty.
Any violation of DCC 13.20.040, 13.24.010,
13.28.010, 13.36.010, 13.36.020, 13.36.030,
13.36.040 or 13.36.045 constitutes a Class A
infiactioindolatian.
(nrd 200 t_-0�1_§30, ;__Ord. 95-002 § 3,
1995; Ord. 90-008 § 2, 1990; Ord. 86-035 § 1,
1986; Ord. 85-037 § 13.04,1985)
PAGE 1 of 1 - EXHIBIT "Y" TO ORDINANCE NO. 2003-021 (04/09/03)
EXHIBIT "Z"
Chapter 15.04. BUILDING AND
CONSTRUCTION
15.04.200. Violation -Penalty.
CODES AND
A. It is unlawful for any Y person, firm or
corporation to erect, construct, enlarge, alter,
15.04.010.
Specialty codes and building
repair, move, improve, convert, demolish,
requirements adopted-
equip, use, occupy or maintain any building,
Enforcement
structure or mobile home in the
15.04.020.
Repealed.
unincorporated areas of the County, or cause
15.04.030.
Repealed.
the same to be done, contrary to or in
15.04.035.
Repealed.
violation of any of the provisions of DCC
15.04.037.
Repealed.
15.04 or any specialty code or building
15.04.040.
Repealed.
requirement administered by the County
15.04.050.
Repealed.
pursuant to ORS 455.153.
15.04.055.
Repealed.
B. Violation of any provision of DCC 15.04 or
15.04.060.
Repealed.
any specialty code or building requirement
15.04.070.
Building abatement
administered by the County pursuant to ORS
code -Adopted.
455.153 is a Class A iiffiactiomdolation.
15.04.080.
Fire code -Adopted.
(Orel- 2003-02L..§31,2001- Ord. 90055 § 2,
15.04.085.
Wildfire hazard zones.
1996; Ord. 95-063 § 1, 1995; Ord. 83-056 § 17,
15.04.090.
Definitions.
1983)
15.04.100.
Mobile homes -Placement
permit -Inspection.
15.04.110.
Expedited construction start.
15.04.120.
Mobile homes -State certification
* * * Denotes Code in this Chapter not being
required.
changed.
15.04.130.
Building permit issuance -Zoning
conformance -Planning
Department approval.
15.04.140.
Industrial/Commercial
structure -Occupancy certificate
required.
15.04.150.
Building or mobile home
placement permit issuance -
Zoning and subdivision
conformance.
15.04.160.
Permit fees -Adjustments.
15.04.170.
Numbers for addresses -
Placement.
15.04.180.
Administration -Enforcement.
15.04.190.
Conditions deemed a public
nuisance.
15.04.200.
Violation -Penalty.
15.04.210.
Requirement for water service
from water districts.
15.04.220.
Supply of water for domestic use
in conformance with state and
federal regulations.
PAGE 1 of 1 - EXHIBIT "Z" TO ORDINANCE NO. 2003-021 (04/09/03)
Chapter 15.08. SIGNS
15.08.010.
15.08.015.
15.08.020.
15.08.030.
15.08.040.
15.08.050.
15.08.050.
15.08.070.
15.08.080.
15.08.090.
15.08.100.
15.08.110.
15.08.120.
15.08.130.
15.08.140.
15.08.150.
15.08.160.
15.08.170.
15.08.180.
15.08.190.
15.08.200.
15.08.210.
15.08.220.
Short title.
Bend urban area sign code.
Purpose.
General definitions.
Specific definitions.
Interpretation.
Sign permit.
Administration.
15.08.230.
15.08.240.
15.08.250.
15.08.260.
15.08.270.
15.08.280
EXHIBIT "w
Exceptions.
Repealed.
Exempt signs.
Temporary signs.
..Prohibited signs.
'Wall signs.
Freestanding signs.
Ground -mounted signs.
Monument signs.
Outdoor advertising signs.
Awnings and canopy signs.
Marquee signs.
Resource zones.
Residential zones.
Resort facilities and destination
resorts.
Restricted commercial zones.
General commercial zones.
Businesses not classified in a
shopping center or business
complex.
Shopping center complexes.
Business complexes.
. Unincorporated community
15.08.430.
zones.
15.08.290.
Industrial zones.
15.08300.
Airport development zone.
15.08310.
Existing signs -Conformance
15.08.470.
required.
15.08320.
Special requirements.
15.08330.
Compliance.
15.08.340.
Repealed.
15.08350..
Abandoned signs.
15.08360.
Removal of unsafe signs.
15.08370.
Sign measurement.
15.08380.
Permitted materials.
15.08390.
Illumination standards.
15.08.400.
Maintenance.
15.08.410.
Design.
15.08.420.
Wind loads.
15.08.430.
Seismic loads.
15.08.440.
Combined loads.
15.08.450.
Allowable stresses.
15.08.460.
Anchorage and supports.
15.08.470.
Electric sign construction.
15.08.480.
Clearance from high voltage
power lines.
15.08.490.
Clearance from fire escapes, exits
or standpipes.
15.08.500.
Variance.
15.08.510.
Repealed.
15.08.520.
Conditions.
15.08.530.
Inspection.
15.08.540.
Enforcement.
15.08.550.
Violation declared a nuisance.
15.08.560.
Violation -Infraction.
15.08.560. Violation-Infractian.
Violation of any provision of DCC 15.08 is a
,; �izrn�n�latinn.
Class A '
(prd 20010_1 _ §37. 003; Ord. 95-063 § 1,
1995; Ord. 83-025 § 1, 1983; Ord. 81-009 § 1,
Exhibit A, § 1.460,198 1)
* * * Denotes Code in this Chapter not being
changed.
PAGE 1 of 1 - EXHIBIT "AA" TO ORDINANCE NO. 2003-021 (04/09/03)
EXHIBIT "BB"
Chapter 15.10. OUTDOOR LIGHTING
CONTROL
15.10.010.
Purpose and intent as relates to
residential, commercial and
public area lighting.
15.10.020.
Purpose and intent as relates to
street lighting.
15.10.030.
Conformance with applicable
codes.
15.10.040.
Approved materials and methods
of construction or
installation/op eration.
15.10.050.
Definitions.
15.10.055.
Definition -Outdoor light fixtures.
15.10.060.
Definition -Community
Development Department.
15.10.065.
Definition -Exempt light fixtures.
15.10.070.
Definition -Individual.
15.10.075.
Definition -Installed.
15.10.080.
Definition -Shielding.
15.10.085.
Definition -Fully shielded.
15.10.090.
Definition -Partially shielded.
15.10.095.
Definition -Directed shielding.
15.10.100.
Definition -Unshielded.
15.10.105.
Definition -High intensity
discharge lamp sources.
15.10.110.
Definition -Luminous tube
lighting.
15.10.120.
Requirements for installation of
outdoor lighting.
15.10.130.
Submission of plans and evidence
of compliance with
code -subdivision plats.
15.10.140.
Shielding.
15.10.150.
Prohibitions.
15.10.160.
Externally lighted outdoor
advertising signs, billboards.
15.10.170.
Exemptions.
15.10.180.
Violations and penalties.
15.10.190.
Violations constitute public
nuisance.
15.10.200.
Code requirements tables for
shielding.
***
15.10.180. Violations and penalties.
For any person, firm or corporation to erect,
construct, enlarge, alter, repair, move, improve or
convert any lighting structure, or cause the same
to be done, contrary to or in violation of any
provision of this ordinance shall constitute a code
infractimadalatim subject to DCC 18.144.050.
(Qcd, 2003-021 §33,2003; --Ord. 95-063 § 1,
1995; Ord. 94-024 § 1, 1994)
* * * Denotes Code in this Chapter not being
changed.
PAGE 1 of 1 - EXHIBIT "BB" TO ORDINANCE NO, 2003-021 (04/09/03)
EXHIBIT "CC"
Chapter 15.12. SYSTEM
DEVELOPMENT
CHARGES
15.12.010.
Repealed.
15.12.015.
Repealed.
15.12.020.
Repealed.
15.12.025.
Repealed.
15.12.030.
Definition -Other governmental
unit.
15.12.035.
Repealed.
15.12.040.
Repealed.
15.12.050.
Adoption of system development
charges.
15.12.060.
Application to pay in
installments -Order -Priority -
Publication.
15.12.070.
Repealed.
15.12.075.
Conditions of approval, relief for
cash contributions.
15.12.080.
Repealed.
15.12.090.
Repealed.
15.12.100.
Repealed.
15.12.110.
Segregation and use of revenue.
15.12.120.
Challenge of expenditures.
15.12.130.
Hearing of challenge to
expenditures.
15.12.140. Prohibited construction.
15.12.140. Prohibited construction.
A. No person, firm or corporation shall construct
a structure to which a system development
charge applies unless the applicable system
development charge has been paid.
B. Violation of DCC 15.12.140 shall be a Class
A'
prd�-0? t §�43:_Ord. 95-063 § 1,
1995; Ord. 93-051 § 1, 1993)
* * * Denotes Code in this Chapter not being
changed.
PAGE 1 of 1 - EXHIBIT "CC" TO ORDINANCE NO. 2003-021 (04/09/03) �_
EXHIBIT "DD"
Chapter 16.20. VIOLATION AINB
16.20.010. Violation declared a nuisance.
16.20.020. InfractionBola io s.
16.20.010. Violation declared a nuisance.
The naming and/or renaming of a road, or the
numbering of a structure, in violation of any
provision of DCC Title 16, is declared a nuisance.
(Ord. 89-010 § 1, 1989)
16.20.020.
.
The naming or renaming of aroad, or the
numbering of or failure to number a structure, in
violation of any provisions of DCC Title 16 is a
Class A irffiactiomdalation.
(Ord- 2003-021 §3520D3,—Ord. 89-010 § 1,
1989)
PAGE 1- of 1 - EXHIBIT "DD" TO ORDINANCE NO. 2003-021 (04/09/03) - ---
EXHIBIT "EE"
Chapter 17.12. ADMINISTRATION
AND ENFORCEMENT
17.12.010.
Minimum standards.
17.12.020.
Repealed.
17.12.030.
Administration -Enforcement.
17.12.040.
Delegation of authority.
17.12.050.
Planning Director -Duties and
responsibilities.
17.12.060.
Final decision.
17.12.070.
Preapplication meeting.
17.12.080.
Statement of water rights.
17.12.090.
Recording -Application.
17.12.100.
Sale of subdivision lots prohibited
before final approval.
17.12.105.
Sale of partition parcels
prohibited prior to tentative plan
approval.
17.12.110.
Civil relief.
17.12.120.
Violation -Nuisance.
17.12.130.
Violation-lafrretimi.
***
17.12.130. Violationsfafrnct,ion.
Violation of any provision of DCC Title 17 is a
Class A irdiartiomdolation.
(prd ?.n03-021 §36 2(1(13; Ord. 90-003 § 1,
Exhibit A, 1990; Ord. 83-027 § 1, 1983; Ord.
81-043 § 1, Exhibit A, § 2.040, 198 1)
* * * Denotes Code in this Chapter not being
changed.
PAGE 1 of 1 - ExH1Brr "EE" TO ORDINANCE NO. 2003-621 (04/09/03) -
EXHIBIT "FF'
Chapter 18.52. SURFACE MINING
ZONE -SM
18.52.010.
Purpose.
18.52.020.
Application of ordinance.
18.52.030.
Uses permitted outright.
18.52.040.
Uses permitted outright subject to
site plan review.
18.52.050.
Conditional uses permitted.
18.52.060.
Dimensional standards.
18.52.070.
Site plan review.
18.52.080.
Site plan application.
18.52.090.
Minimum use setbacks.
18.52.100.
Procedure upon filing of site plan.
18.52.110.
General operation standards.
18.52.115.
Extended operating hours.
18.52.120.
Partial approval.
18.52.130.
Site reclamation plan.
18.52.140.
Conditional use criteria.
18.52.150.
Failure to comply.
18.52.160.
Preexisting sites, nonconforming
sites and registration.
18.52.170.
Use permits.
18.52.180.
Monitoring.
18.52.190.
Nuisances.
18.52.200.
Termination of the surface
mining zoning and surrounding
surface mining impact area
combining zone.
18.52.150. Failure to comply.
If the Planning Director or designee determines
that surface mining activity which has received
site plan approval is not being conducted in
compliance with the setbacks, standards or
conditions set forth in DCC 18.52.090, 18.52.110
and 18.52.140, respectively, or the site plan, the
Planning Director or designee may institute
enforcement proceedings to require such
compliance. Enforcement may include citing for
an iufiactiomriolat; injunction proceedings,
and any other measures permitted under DCC
18.144.
(Ord- 2003-021 §37 2003 -Ord. 90-014 § 4,
1990)
18.52.180. Monitoring.
The Planning Director or designee shall
periodically visit the surface mining site to
monitor the surface mining operation. If the
Planning Director or designee determines that the
operation is not in compliance with the approved
site plan and all setbacks, standards and
conditions set forth in DCC 18.52.090, 18.52.110
and 18.52.140, a citation for an
infiactioradolation shall be issued.
(Ord- 2001-021--§-38 __ nn y_Ord. 90-014 § 4,
1990)
* * * Denotes Code in this Chapter not being
changed.
PAGE 1 of 1 - EXHIBIT "FF" TO ORDINANCE NO. 2003-021 (04/09/03)
EXHIBIT "GG"
Chapter 18.144. GENERAL PROVISIONS
18.144.010. ]interpretation.
18.144.020. Severability.
18.144.030. Remedies.
18.144.040.'Violation declared a nuisance.
18.144.050.:Fnf i aTM*�in
18.144.060.:Repeal.
18.144.070. Repeal of ordinances as affecting
existing liabilities.
18.144.080. Corrections.
18.144.090. Enactment, emergency declared.
18.144.050.
The location, erection, construction, maintenance,
repair, alteration or use of a building or structure
or the subdivision, partitioning or other use of
land in violation of any provision of DCC Title
18 or any permit, land use approval or status
determination issued or made under DCC Title 18
is a Class A '
*�in
(nrd-0 t�S��9 X00 Ord. 93-043 § 26,
1993; Ord. 83-026 § 1, 1983)
***
* * * Denotes Code in this Chapter not being
changed.
PAGE 1 of 1 - EXHIBIT "GG" TO ORDINANCE NO. 2003-021 (04/09/03)
EXHIBIT "HH"
Chapter 19.120. ENFORCEMENT AND
PENALTIES
19.120.010. Enforcement.
19.120.020. Penalties for violations.
19.120.030. Injunctive relief.
19.120.040. Evidence.
19.120.050. Abatement.
***
19.120.020. Penalties for violations.
Any person, firm or corporation, whether as
principal, agent, employee or otherwise, violating
or causing the violation of any of the provisions
of DCC Title 19 commits a Class A
mfractionvialatinn, and upon conviction thereof,
shall be punishable by a fine of not more than
$500. Such person, firm or corporation shall be
deemed guilty of a separate offense for each and
every day during any portion of which any
violation of DCC Title 19 is committed or
continued by such a person, fum or corporation
and such offenses shall be punishable as a
continuing as provided in
Ordinance No. 82-012.
(Ond_ 2003-021 00, 2ffl3YOrd. 86-034 § 1,
1986)
* * * Denotes Code in this Chapter not being
changed.
PAGE 1' of 1 - EXHIBIT "HH" TO ORDINANCE NO. 2003-021'.(.04/09/03)
EXHIBIT "il"
Chapter 21.84. ENFORCEMENT AND
PENALTIES
21.84.010. Enforcement.
21.84.020. Penalties for violations.
21.84.030. Injunctive relief.
21.84.040. Evidence.
21.84.050. Abatement.
21.84.020. Penalties for violations.
Any person, firm or corporation, whether as
principal, agent, employee or otherwise, violating
or causing the violation of any of the provisions
of DCC Title 21 commits a Class B
infiactionyw ation, and upon conviction thereof
shall be punishable by a fine of not more than
$250. Such person, firm or corporation shall be
deemed guilty of a separate offense for each and
every day during any portion of which any
violation of DCC Title 21 is committed or
continued by such a person, firm or corporation
and shall be punishable as a continuing
infiactioliviolati as provided in Ordinance No.
82-012.
(n..d��41 Znn3; Ord. 86-038 § 2,
1986; Ord. PL -17 § 26(2), 1979)
* * * Denotes Code in this Chapter not being
changed.
PAGE 1 of 1 - EXHIBIT "IP' TO ORDINANCE NO. 2003-621 (04/09/03)