2004-729-Resolution No. 2004-040 Recorded 4/27/2004REVIE DESCHUTES COUNTY OFFICIAL RECORDS pt
�- NANCY BLANKENSHIP, COUNTY CLERK
L IBJ 2004'1249
GAL COUNSEL COMMISSIONERS' JOURNAL 04/27/2004 03;15;26 PM
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2004-720
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Resolution Designating Certain Real Property
Located on River Drive in La Pine, Oregon, RESOLUTION NO. 2004-040
as Public Pedestrian/Bicycle Trails.
WHEREAS, Deschutes County has acquired real property through real property tax
foreclosure and other means which are located on or adjacent to rivers, creeks and streams; and
WHEREAS, some of the property obtained by the county contains significant wildlife habitat;
and
WHEREAS, Deschutes County through its Comprehensive Plan has recognized and declared
the need to protect and preserve public access to and land along rivers, creeks, streams and public
properties possessing significant wildlife habitat values; and
WHEREAS, certain parcels of real property acquired by the County were designated as public
parks, pursuant to ORS 275.320 by Order No. 94-138 and Order No. 2004-037; and
WHEREAS, citizens living in the vicinity of the property referred to above have complained
and county staff has verified that such property has been the used by operators of ATV's for
recreational activities, which have caused significant degredation of such property as wildlife habitat;
and
WHEREAS, DCC.11.04.060.0 provides that motor vehicles are prohibited on dedicated public
pedestrian/bicycle trails; and
WHEREAS, the Board of County Commissioners of Deschutes County finds that it is in the
public interest, specifically the preservation and protection of the above -referred to real properties and
the wildlife habitat thereon to prohibit the operation of motor vehicles on such properties .
Now, Therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
PAGE 1 OF 2 - RESOLUTION NO. 2004-040 (04/22 /04)
Section 1. That certain real properties described in Exhibit "A," attached hereto and by
this reference incorporated herein, be designated as Public Pedestrian/Bicycle Trails.
Section 2. That the real properties described in Exhibit A be closed to motor vehicles
and posted as such.
Section 3. That County staff is authorized to perform all acts necessary to preserve the
above-described real properties, while facilitating the management of wildlife habitat and public
access.
Section 4. This resolution shall take effect immediately upon its adoption.
DATED this day of , 2004.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUN ,OREGON
M C AEL M. DALY, air
ATTEST: TOM DEWOLF, Commis
Recording Secretary DENNIS R. LUKE, Commissioner
PAGE 2 of 2 -RESOLUTION NO. 2004-040 (04/22/04)
Epter1104_2
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.
I. 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 DCC 11.04
shall be 10 dollars, which shall double
each 24 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)
11.04.040. Justice building -Searches.
Except for on -duty law enforcement personnel,
every person entering through the public
entrances of the Deschutes County Justice
Building or any Justice Building annex is subject
to search of his or'her possessions and must pass
through metal detectors.
(Ord. 97-046 § 1, 1997)
Page 1 of 2
11.04.050. 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- TocaT pager—offgeneral
circu►dtion: The design of the closure sha1T e m
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)
11.04.066. `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 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
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4/6/2004