2020-289-Ordinance No. 2020-044 Recorded 8/13/2020REVIEWED I
Recorded in Deschutes County CJ2020-289
Nancy Blankenship, County Clerk
LEGAL COUNSEL Commissioners' Journal 08/13/2020 9:23:58 AM
wt
c 2020-289
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON
An Ordinance Enacting Section 9.20 of the
Deschutes County Code. * ORDINANCE NO.2020-044
WHEREAS, the Deschutes County Code (DCC) contains rules and regulations duly enacted through
ordinance by Deschutes County and the Deschutes County Board of Commissioners; and
WHEREAS, from time -to -time the need arises to make amendments, including new enactments to the
DCC; and
WHEREAS, County staff has identified ongoing and significant issues concerning dangerous and/or
inappropriate uses occurring on county bridges; and
WHEREAS, the Board of County Commissioners of Deschutes County considered this matter at a duly
noticed public hearing on August 12, 2020, and concluded that the public will benefit from the proposed
enactment of section 9.20 of DCC; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as
follows:
Section 1. ENACTMENT. The identified new section 9.20 of the DCC, as fully appearing in Exhibit A
is enacted as provided in Section 2.
PAGE 1 OF 2 - ORDINANCE NO.2020-044
Section 2. EMERGENCY. This Ordinance being necessary for the preservation of the public peace,
health and safety, an emergency is declared to exist, and this Ordinance takes effect on August j , 2020.
104
Dated this of , 2020
ATTEST:
Recordin Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PATTI ADAIR, Chair
Date of lst Reading: I day of , 2020.
Date of 2nd Reading: /,2 day of '2020.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Patti Adair
P.G. Henderson
Anthony DeBone
Effective date: , day of , 2020.
PAGE 2 OF 2 - ORDINANCE NO.2020-044
Exhibit A
to Ordinance 2020-044
Chapter 9.20. BRIDGES
9.20.010 Short Title.
9.20.020 Purpose.
9.20.030 Definitions.
9.20.040 Prohibitions.
9.20.050 Enforcement responsibility and authority.
9.20.060 Violations.
9.20.070 Permitted conduct.
9.20.010 Short Title.
DCC 9.20 shall be known as the Deschutes County Bridge Ordinance and may be so cited and pleaded.
[Ord. 2020-044 § 1, 2020.]
9.20.020 Purpose.
The purpose of this chapter is to protect public health, safety and welfare from the dangers presented
by persons congregating on, loitering on or jumping from county bridges. This includes physical dangers
to the persons on or jumping from the bridges, the traveling public and adjoining property owners, as
well as problems associated with disorderly conduct, drinking, drugs, trespass, damage to public and
private property and parking in a hazardous manner as set out in ORS 819.120 (2019).
[Ord. 2020-044 § 1, 2020.]
11.50.030 Definitions.
"County bridge" means any bridge structure and the approaches thereto located in Deschutes County
and within the jurisdiction of the county.
"Jumping" means leaping, falling, diving or otherwise projecting oneself from a county bridge and
includes but is not limited to bungee jumping.
"Motor vehicle" means any vehicle which is, or is designed to be, self-propelled.
[Ord. 2020-044 § 1, 2020.1
1
Chapter 9.20 (08/2020)
9.20.040 Prohibitions.
A. No person shall jump, or cause another person to jump, leap, fall, dive or otherwise be projected,
from a county bridge.
B. No person(s) shall congregate on or loiter on a county bridge. This prohibition shall not apply to
persons within or on a designated pedestrian walkway that is constructed as part of a bridge and is
separate from the motor vehicle lanes of travel. This prohibition shall also not apply to persons crossing
a county bridge; provided, that the persons do not congregate or loiter on the bridge.
C. No person shall fish from a county bridge except within or on a designated pedestrian walkway that is
constructed as part of a bridge and is separate from the motor vehicle lanes of travel.
D. No person shall park a motor vehicle within a posted area of a county bridge or on or near a county
bridge in a manner that creates a hazard or obstruction for the traveling public under ORS 819.120 and
ORS 811.550 through ORS 811.560 or that blocks or impedes access to private properties or to
mailboxes. In addition to any penalties provided for in this chapter, vehicles that constitute a hazard or
obstruction to motor vehicle traffic using the road or highway may be taken into immediate custody and
removed pursuant to the provisions of ORS 819.120.
E. No person shall remove signs, deface, paint, destroy or otherwise damage a county bridge or the
appurtenances thereto.
[Ord. 2020-044 § 1, 2020.1
9.20.050 Enforcement Responsibility and Authority.
This chapter shall be enforced by the Deschutes County Sheriffs Office or any law enforcement agency
with whom Deschutes County has a cooperative law enforcement agreement.
[Ord. 2020-044 § 1, 2020.]
9.20.060 Violations.
Violation of any provision of this chapter is a violation as provided in Chapter 1.16 DCC.
[Ord. 2020-044 § 1, 2020.1
9.20.070 Permitted Conduct.
A. This chapter shall not be interpreted to prohibit people from assembling together in a peaceful
manner to consult for their common good; nor from instructing their elected representatives; nor from
applying to the elected officials for redress of grievances.
B. This chapter shall not be interpreted to restrain the free expression of opinion, or restrict the right to
speak, write, or print freely on any subject whatever; but every person shall be responsible for abuse of
this right.
[Ord. 2020-044 § 1, 2020.]
Chapter 9.20 (08/2020)
Chapter 9.20. BRIDGES
9.20.010 Short Title.
9.20.020 Purpose and Scope.
9.20.030 Definitions.
9.20.040 Prohibitions.
9.20.050 Enforcement responsibility and authority.
9.20.060 Violations.
9.20.070 Permitted conduct.
9.20.080 Sunset.
9.20.010 Short Title.
DCC 9.20 shall be known as the Deschutes County Bridge Ordinance and may be so cited and pleaded.
[Ord. 2020-044 § 1, 2020.]
9.20.020 Purpose and Scope.
The purpose and scope of this chapter is to protect public health, safety and welfare from the dangers
presented by persons congregating on, loitering on or jumping from Harper Bridge. This includes
physical dangers to the persons on or jumping from the bridge, the traveling public and adjoining
property owners, as well as problems associated with disorderly conduct, drinking, drugs, trespass,
damage to public and private property and parking in a hazardous manner as set out in ORS 819.120
(2019).
[Ord. 2020-044 § 1, 2020.]
11.50.030 Definitions.
"Harper Bridge" means that county bridge on Spring River Road and identified as Harper Bridge Crossing
of the Deschutes River on Spring River Road, including the actual structure and the approaches thereto
located in Deschutes County and within the jurisdiction of the county.
"Jumping" means leaping, falling, diving or otherwise projecting oneself from Harper Bridge and
includes but is not limited to bungee jumping.
"Motor vehicle" means any vehicle which is, or is designed to be, self-propelled.
[Ord. 2020-044 § 1, 2020.]
1
Chapter 9.20 (08/2020)
9.20.040 Prohibitions.
A. No person shall jump, or cause another person to jump, leap, fall, dive or otherwise be projected,
from Harper Bridge.
B. No person shall fish from Harper Bridge except within or on a designated pedestrian walkway that is
constructed as part of the bridge and is separate from the motor vehicle lanes of travel.
C. No person shall park a motor vehicle within a posted area of Harper Bridge or on or near Harper
Bridge in a manner that creates a hazard or obstruction for the traveling public under ORS 819.120 and
ORS 811.550 through ORS 811.560 or that blocks or impedes access to private properties or to
mailboxes. In addition to any penalties provided for in this chapter, vehicles that constitute a hazard or
obstruction to motor vehicle traffic using the road or highway may be taken into immediate custody and
removed pursuant to the provisions of ORS 819.120.
D. No person shall remove signs, deface, paint, destroy or otherwise damage Harper Bridge or the
appurtenances thereto.
[Ord. 2020-044 § 1, 2020.]
9.20.050 Enforcement Responsibility and Authority.
This chapter shall be enforced by the Deschutes County Sheriff's Office or any law enforcement agency
with whom Deschutes County has a cooperative law enforcement agreement.
[Ord. 2020-044 § 1, 2020.]
9.20.060 Violations.
Violation of any provision of this chapter is a violation as provided in Chapter 1.16 DCC.
[Ord. 2020-044 § 1, 2020.]
9.20.070 Permitted Conduct.
A. This chapter shall not be interpreted to prohibit people from assembling together in a peaceful
manner to consult for their common good; nor from instructing their elected representatives; nor from
applying to the elected officials for redress of grievances.
B. This chapter shall not be interpreted to restrain the free expression of opinion, or restrict the right to
speak, write, or print freely on any subject whatever; but every person shall be responsible for abuse of
this right.
[Ord. 2020-044 § 1, 2020.]
9.20.080 Sunset.
Unless extended by duly enacted ordinance, this DCC Section 9.20 sunsets and becomes null and void on
October 31, 2020.
[Ord. 2020-044 § 1, 2020.]
Chapter9.20 (08/2020)
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Wednesday Meeting of August 12, 2020
DATE: July 29, 2020
FROM: David Doyle, Legal, 541-388-6625
TITLE OF AGENDA ITEM:
PUBLIC HEARING: Continued Discussion of Public Safety Issues at Harper Bridge and
Consideration of Ordinance No. 2020-044, Enacting Section 9.20 of the Deschutes County
Code
BACKGROUND AND POLICY IMPLICATIONS:
Dangerous and inappropriate uses at and on county bridges have increased recently; safety is
compromised often necessitating intervention by law enforcement.
Members of the local community, including the Crosswater Homeowners Association, have
expressed concerns related to public safety at Harper Bridge, including individuals jumping
from the bridge, but also related to pedestrian safety, illegal parking and trespassing on private
property, and would like an opportunity to address the Commissioners. Staff will be prepared
to answer questions, and pursue courses of action directed by the Board.
FISCAL IMPLICATIONS: No direct impacts
RECOMMENDATION & ACTION REQUESTED: Board approval and adoption of Ordinance
No. 2020-044
ATTENDANCE: Legal Counsel, Road Department, Sheriff's Office, Administration
