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2021-219-Ordinance Recorded 6/9/2021REVIEWED LEGAL COUNSEL Recorded in Deschutes County CJ2021-219 Nancy Blankenship, County Clerk Commissioners' Journal 06/09/2021 2:00:33 PM (\�`1tFSCOGr II�IIIIIII'IIIIIIIIIIIII' III III [J � 2021-219 ................. For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Sections of Deschutes County Code 9.20. * * ORDINANCE NO. 2021-006 * * 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 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 May 19, 2021, and concluded that the public will benefit from the proposed amendments to section 9.20 of DCC; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. The amendments to DCC 9.20, as frilly appearing in Exhibit A are enacted as provided in Section 2. PAGE 1 OF 2 - ORDINANCE NO.2021-006 Section 2. ADOPTION. This Ordinance takes effect 90 days after second reading. Dated this of , 2021 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 0PPC' ANTHONY DeBONE, Chair PHIL CHANG, Vice Chair ATTES ,_Ack- Re mg Se etary PATTI ADAIR, Commissioner Date of 1st Reading: day of , 2021. 0 ' Date of 2°d Reading: day ofm—J, 2021. Record of Adoption Vote Commissioner Yes No Abstained Excused Patti Adair Phil Chang Anthony DeBone Effective date: 15 day of , 2021. PAGE 2 OF 2 - ORDINANCE NO. 2021-006 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. (Repealed) 9.20.010 Short Title.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, 2020.1 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 any bridges located in Deschutes County and within the jurisdiction of the county, including all associated structures and approaches. 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. 2021-006 § 1, 2021; 2020-044 § 1, 2020.] 1.1.50.030 Definitions. "Bridge" means any county bridge, 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 any 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.] 9.20.040 Prohibitions. A. No person shall jump, or cause another person to jump, leap, fall, dive or otherwise be projected, from any county bridge. Chapter 9.20 (09/2021) B. No person shall fish from any county 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 any county bridge or on or near any 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. D. No person shall remove signs, deface, paint, destroy or otherwise damage any county bridge or the appurtenances thereto. [Ord. 2021-006 § 1, 2021; 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. Repealed. [Ord. 2021-006 § 1, 2021; 2020-044 § 1, 2020.] Chapter 9.20 (09/2021) Es (-oG O Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Monday Meeting of June 7, 2021 DATE: June 2, 2021 FROM: David Doyle, Legal, 541-388-6625 TITLE OF AGENDA ITEM: 2ND READING: Ordinance No. 2021-006, Amending Sections of Deschutes County Code 9.20 Relative to Bridges