2005-1087-Ordinance No. 2005-043 Recorded 9/29/2005REVIEWED
LEGAL COUNSEL
REVIEWED
CODE REVIEW COMMIT7EE
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURN L
11 01ti(111111111111111111
21
RECORDS Cj 20AE
CLERK W010017
09/29/2005 02:36:14 PH
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 9, Public Peace
and Welfare, of the Deschutes County Code ORDINANCE NO. 2005-043
Changing the Shotgun Season for a Portion of the
Deschutes River Corridor Restricted Area and
Declaring an Emergency.
WHEREAS, the United States Forest Service, the Oregon Department of Fish and Wildlife, the
Deschutes County Sheriff s Department, the County Forester and County Legal Counsel met and agreed that the
open shotgun season described in Title 9, Chapter 9.08. 1 00(A)(I) of the Deschutes County Code should be the
same as the waterfowl season established by the Oregon Department of Fish and Wildlife; and
WHEREAS, the Board of County Commissioners finds it in the public interest to change the code; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. Deschutes County Code 9.08.100 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 stFikethfeugh
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 thi�Aeday of September, 2005.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TOM DEWOLF, Chafi:""—
14A
AEL "M�DAL , �Co -issioner
WENNIS R. LUKE, Commissioner
PAGE 1 OF 2 - ORDINANCE NO. 2005-043 (9/28/05)
Date of I" Reading: Nedayof September, 2005.
nd A
Dateof2 Reading: O� —day of September, 2005.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tom DeWolf
Michael M. Daly
Dennis R. Luke
Effective Date: ZT—*day of September, 2005.
ATTEST:
-67R4Ui' &it'e/L—
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2005-043 (9/28/05)
EXHIBIT "A"
Chapter 9.08. DISCHARGE OF
FIREARMS
9.08.010.
Definitions.
9.08.020.
Definition -Board.
9.08.025.
Definition -Restricted area.
9.08.026.
Definition -River miles.
9.08.030.
Discharge of firearms prohibited.
9.08.040.
Exemptions to chapter
applicability.
9.08.050.
Restricted areas.
9.08.060.
Petitions -Requirements.
9.08.070.
Petitions -Time limit for securing
signatures.
9.08.080.
Petitions -Hearing -Notice.
9.08.090.
Petitions -Formation of restricted
areas.
9.08.100.
Deschutes River Corridor
Restricted Area.
9.08.110.
Violation -Penalty.
9.08.010. Definitions.
For the purposes of DCC 9.08, unless otherwise
apparent from the context, certain words and
phrases used in DCC 9.08 are defined as set forth
in DCC 9.08.020 through DCC 9.08.026.
(Ord. 95-033 § 1, 1995; Ord. 93-050 § 1, 1993;
Ord. 90-040 § 1, 1990; Ord. 203-5 § 3, 1975)
9.08.020. Definition -Board.
"Board" means the Board of County
Commissioners of Deschutes County, Oregon.
(Ord. 93-OSO § 1, 1993; Ord 90-040 § 1, 1990;
Ord. 203.5 § 3, 1975)
9.08.025. Definition -Restricted area.
"Restricted area" means an area restricted
pursuant to the provisions of DCC 9.08 or an area
designated as restricted in DCC 9.08.
(Ord. 93-050 § 1, 1993; Ord. 90-040 § 1, 1990;
Ord. 203.5 § 3, 1975)
9.08.026. Definition -River miles.
"River miles" refers to mileage measured along
the river, with reference to river mile designations
shown on 1981 photorevised USGS quadrangle
maps of the areas in question.
(Ord. 93-050 § 1, 1993)
I Chapter 9.08
9.08.030. Discharge of firearms prohibited.
No person shall fire or discharge any weapon
which acts by force of explosive, except as
provided in DCC 9.08.040, within an area
designated as a restricted area pursuant to DCC
9.08.090 or designated as a restricted area in
DCC 9.08.
(Ord. 95-033 § 1, 1995; Ord. 93-050 § 1, 1993;
Ord. 203.5 § 1, 1975)
9.08.040. Exemptions to chapter
applicability.
A. DCC 9.08.030 shall not apply to:
1 . A person acting in defense or protection
of his or her property or of an individual.
2. A peace officer acting in the course of his
or her duty.
3. A lawfully established firing range.
4. An employee or agent of the Oregon
Department of Fish and Wildlife acting
in the course of his or her official duties.
5. A person acting under the authority of a
wildlife damage control permit issued by
the Oregon Department of Fish and
Wildlife.
6. A person slaughtering his or her farm
animals or acting under the direction of
the owner of the farm animals in the
ordinary course and scope of farming
practices.
(Ord. 98-006 § 1, 1998; Ord. 95-033 § 1, 1995;
Ord. 93-050 § 1, 1993; Ord. 90-040 § 1, 1990;
Ord. 203.5 § 2, 1975)
9.08.050. Restricted areas.
A. This provision shall apply to restricted areas
formed through the petition process. A
restricted area formed by petition may be
formed in the following areas, subject to
petition and signature requirements set forth
in DCC 9.08.060, provided that the properties
within a single proposed district are
contiguous:
1. Recorded subdivisions or town plats; or
2. Individual lots outside of recorded
subdivisions or town plats, where such
lots are contiguous to a subdivision or
1 (09/200505i'2002)
EXHIBIT "A"
town plat in an existing or proposed
1. A description of the boundaries of the
restricted area or are contiguous to other
proposed restricted area;
lots included within an existing or
2. A statement that the area is proposed to
proposed restricted area; or
be restricted pursuant to the provisions of
3. Any combination thereof
DCC 9.08;
B. No subdivision or town plat shall be eligible
3. At least one, and as many as three, chief
for such designation unless 60 percent of the
petitioners, setting forth their names and
registered voters within such subdivision or
mailing addresses;
combination of subdivisions sign the petition
4. The signatures of not less than 60 percent
proposing such district.
of the registered voters of subdivisions
included within the proposed restricted
C. No individual lot not covered by a town plat
area;
or recorded subdivision plat shall be eligible
5. The signature of each owner, or
for inclusion in a proposed restricted area
authorized representative thereof, of any
unless the owner of such lot signs a petition
individual lot outside of a recorded
requesting such designation. Determination
subdivision plat or town plat entitled to
of ownership shall be made using the most
be included in a proposed restricted area;
recent property tax assessment roll. Recent
and
purchasers must provide a certified copy of a
6. A certified true copy of any ordinance of
deed.
a municipal corporation or special district
D. Except as set forth in DCC 9.08.050(B), no
with property included within the
individual lots owned by a political
proposed boundaries designating the area
subdivision of the State of Oregon or special
to be a restricted area consistent with the
district shall be eligible for inclusion in a
provisions of DCC 9.08.
proposed restricted area unless such
B. Each person signing a petition shall, besides
governmental entity or quasi -governmental
signing the petition, also print his name after
entity shall have passed an ordinance
his signature and shall add after his signature
consistent with the provisions of DCC 9.08
his place of residence, giving street and
restricting the discharge of firearms on such
number or designation sufficient to enable the
property.
place or residence to be readily ascertained.
E. Any area eligible to be included in a
restricted area under DCC 9.08.050 may
annex onto an existing firearms district by
following the formation procedures set forth
in DCC 9.08.
(Ord. 95-033 § 1, 1995; Ord. 93-050 § 1, 1993;
Ord. 91-048 § 1, 1991; Ord. 90-040 § 1, 1990;
Amendment to Ord. 203.5 passed 12/1/76; Ord.
203.5 § 4, 1975)
9.08.060. Petitions -Requirements.
A. Except for restricted areas designated
outright in DCC 9.08, a proposal for
formation of a restricted area shall be made
by petition. The petition, which may consist
of a single instrument or separate
counterparts, shall contain the following:
C. After a petition has been offered for filing a
person may not withdraw his name
therefrom.
(Ord. 95-033 § 1, 1995; Ord. 93-050 § 1, 1993;
Ord. 91-048 § 1, 1991; Ord. 90-040 § 1, 1990;
Ord. 203.5 § 5, 1975)
9.08.070. Petitions -Time limit for securing
signatures.
A. A petition shall not be accepted for filing
unless the signatures thereon have been
secured within six months of the date on
which the first signature on the petition was
affixed. The petition shall be filed with the
County Clerk.
B. The petition shall be accompanied by a sum
of money determined by the Board as
I Chapter 9.08 2 (09/200505/2002)
EXHIBIT "A"
sufficient to cover the expenses of the (Ord. 95-033 § 1, 1995; Ord. 93-050 § 1, 1993;
formation of the district. Ord. 90-040 § 1, 1990; Ord. 203.5 § 7, 1975)
C. Within 10 days after the date the petition is
offered for filing, the County Clerk shall
examine the petition and determine whether it
is signed by the requisite number of qualified
signers. If the requisite number of qualified
signers have signed the petition, the Clerk
shall forward the petition to the Board. If the
requisite number have not signed the petition
the Clerk shall notify the chief petitioners and
may return the petition to the petitioners.
D. A petition shall not be filed unless the
certificate of the County Clerk is attached
thereto certifying that he has compared the
signatures of the signers with the appropriate
records; that he has ascertained therefrom the
number of qualified signers appearing on the
petition and that the petition is signed by the
requisite number of qualified signers.
(Ord. 95-033 § 1, 1995; Ord. 93-050 § 1, 1993;
Ord. 203.5 § 6, 1975)
9.08.080. Petitions -Hearing -Notice.
A. Following receipt of the petition from the
County Clerk, the Board shall set a date for
hearing not less than 15 days nor more than
45 days after the date the petition is received
by the Board.
B. The Board shall cause notice of the hearing
to be posted in at least three public places
within the proposed restricted area and
published once by insertion in a newspaper of
general circulation in the restricted area not
less than seven nor more than 14 days prior to
the date set for hearing. The notice shall
state:
I . The purpose for which the district is
being formed;
2. The boundaries for the proposed district;
3. The time and place set for hearing; and
4. That all interested parties may appear
and be heard and that notice be given to
the nonappearing registered voters within
the area omitted. The hearing may not be
continued for more than 15 days.
I Chapter 9.08
9.08.090. Petitions -Formation of restricted
areas.
If after hearing the petition the Board determines
that the area would benefit by the restrictions of
DCC 9.08, it may enter an order stating that the
area petitioned to be restricted, and as may be
amended, shall be subject to the provisions of
DCC 9.08. The order shall take effect
immediately upon passage.
(Ord. 95-033 § 1, 1995; Ord. 93-050 § 1, 1993;
Ord. 90-040 § 1, 1990; Ord. 203.5 § 8, 1975)
9.08.100. Deschutes River Corridor
Restricted Area.
A. For the purposes of DCC 9.08, the Deschutes
River Corridor restricted area, as described in
DCC 9.08. 100, shall be a restricted area. The
boundaries of the Deschutes River Corridor
restricted area shall extend from the northern
boundary of Sunriver, located at the SW 1/4
of section 20, Township 19 S., Range 11
E.W.M. (river mile 185.45) to the southern
edge of the area platted as First Addition
River Forest Acres subdivision, located in the
SW 1/4 of Section 35, Township 20 S.,
Range 10 E.W.M. (river mile 203.07), except
for the following excluded areas:
I . A 2.77 -mile segment of the Deschutes
River extending between river mile
187.70 through 190.41, more generally
described as that segment of the river
lying between a point located .77 river
miles upstream of Cardinal Bridge and a
point located .09 river miles downstream
of the confluence with Spring River,
which is open to shotguns only from 11/1
to the—end of the waterfowl season
established bv the Oregon Dppartment of
Fish and Wildlife. 444-.
...........................
2. A .36 -mile segment of the Deschutes
River extending between river miles
191.52 and 191.88, covering that area
extending downstream .21 river miles
from where Spring River Road crosses
the river at Harper Bridge (located at
3 (09/200505/2002)
10,14:900.38
river rMle 191.73) and upstream .15 river
r 'les f
ru rom Harper Bridge;
3. A .35 -mile segment of the Deschutes
River extending between river miles
192.40 and 192.75, covering that area
extending .15 river miles downstream of
the confluence of the Little Deschutes
River (located at river mile 192.55) and
.20 river miles upstream of the
confluence of the Little Deschutes River;
4. A .15 -mile segment of the Deschutes
River upstream of the General Patch
Bridge extending between river miles
200.00 and 200.15;
5. A .61 -mile segment of the Deschutes
River upstream of the General Patch
Bridge extendmig between river miles
200.60 and 201.21; and
6. A .27 -mile segment of the Deschutes
River upstream of the General Patch
Bridge extending between river miles
202.41 and 202.68;
The restricted area shall include the beds
and banks and surface of the Deschutes
River segments described above that fall
below the ordinary high water mark, any
included islands and those adjacent lands
within 150 yards from the ordinary high
water mark on each side of the river.
B. The areas identified herein as excluded areas
shall not be restricted by the provisions of
DCC 9.08.
C. This designation shall not affect any other
pre-existing designated restricted areas.
(Ord 2005-043 _� 1, 2005; Ord. 2002-014 § 1,
2002; Ord. 2001-049 § 1, 2001; Ord. 95-033 § 1,
1995; Ord. 93-050 § 1, 1993)
I Chapter 9.08 4 (09/200505Q002)