Chapter 8.20
HAZARDOUS CONDITIONS ON PUBLIC PROPERTY
Sections:
8.20.050 Leaving personal property in a hazardous location.
8.20.060 Stopping in County right-of-way.
8.20.070 Penalties for violations.
8.20.080 Removal of vehicles and personal property.
8.20.090 Enforcement priority.
8.20.010 Title.
This chapter shall be known as Hazardous Conditions on Public Property. [Ord. 2023-003 §§ 1, 2.]
8.20.020 Purpose and intent.
The purpose of this chapter is to protect the community by ensuring the County has better control of stopped vehicles, unauthorized objects and personal property left on public roads or public property that create health, safety, or traffic hazards. Further, this chapter is intended to control objects or appurtenances in County roads or rights-of-way that may prevent proper vehicle ingress or egress, interfere with road maintenance, or create hazardous conditions. To the extent that this chapter conflicts with existing city ordinances, it shall not apply to County roads lying within city limits. This chapter shall be enforceable within the unincorporated areas of Josephine County, and within the city limits of the City of Cave Junction, pursuant to consent provided under ORS 203.040. [Ord. 2023-003 §§ 1, 2.]
8.20.030 Definitions.
“Board” means the Josephine County Board of Commissioners.
“City” means City of Cave Junction.
“County” means Josephine County.
“County road” means a public road under the jurisdiction of a county that has been designated as a county road under ORS 368.016.
“Hazardous condition” means a condition existing on a public road or public property that poses a danger to the public and/or is the result of criminal or drug activity, consumption of intoxicating substances, accumulation of solid waste materials, storage of combustible materials or placement of unauthorized facilities, signs, or appurtenances within the public right-of-way. A hazardous condition may also be created by personal property left in a hazardous location or a vehicle stopped in a public road, right-of-way or on public property.
“Local access road” means a public road that is not a County road, state highway or federal road, which is subject to the exercise of jurisdiction by the Josephine County Board of Commissioners, pursuant to ORS 368.031.
“Personal property” means any item that can reasonably be identified as belonging to an individual and that has apparent utility or value.
“Public property” means public lands, premises and buildings, including but not limited to any building used in connection with the transaction of public business or any lands, premises or buildings owned or leased by a governmental entity.
“Public road” means a road over which the public has a right of use that is a matter of public record.
“Road” means the entire right-of-way of any public way that provides ingress or egress from property by means of vehicles or other means or that provides travel between places by means of vehicles. “Road” includes, but is not limited to:
1. Ways described as streets, throughways or alleys;
2. Road-related structures that are in the right-of-way such as tunnels, culverts or similar structures;
3. Structures that provide for continuity of the right-of-way such as bridges; and
4. Road shoulder and adjacent public property in which development is prohibited unless authorized by the Road Official.
“Road Official” means the Josephine County Public Works Director.
“Sheriff” means the Josephine County Sheriff.
“Vehicle” means any device in, upon or by which any person or property is or may be transported or drawn upon a public road and is propelled or powered by any means. Vehicles include but are not limited to motor vehicles, recreational vehicles, campers, motor homes, travel trailers, utility trailers or tractor trailers. [Ord. 2023-003 §§ 1, 2.]
8.20.040 Authority.
The Board of Commissioners recognizes, declares and establishes the authority to regulate and control the stopping, standing and parking of vehicles upon public roads, pursuant to ORS 810.160, and to control placing any facility or appurtenance within the County right-of-way, pursuant to ORS 374.305. In addition, the Board has authority to control matters of County concern, pursuant to ORS 203.035 and 368.016, including hazardous conditions created by vehicles, objects or personal property left on public roads and public property within the County. [Ord. 2023-003 §§ 1, 2.]
8.20.050 Leaving personal property in a hazardous location.
A. It shall be unlawful for any person to knowingly leave personal property in a County road, County right-of-way or on public property in a location that is hazardous to that individual or to other patrons or motorists.
B. Personal property left in a hazardous location in violation of this section may be removed by the Sheriff or Road Official, or their designees, pursuant to JCC 8.20.080.
C. A person who violates any provision of this section is subject to penalty, pursuant to JCC 8.20.070. [Ord. 2023-003 §§ 1, 2.]
8.20.060 Stopping in County right-of-way.
A. Any person who stops a vehicle or places an unauthorized object within any County road, County right-of-way, local access road or on public property in any of the following circumstances creates an unlawful imminent hazard:
1. The stopped vehicle or placed object results in insanitary conditions, such as improper disposal of sewage or other waste materials, in violation of ORS 446.345, or leaks excessive amounts of petroleum-based vehicle fluids such as gasoline, diesel, or lubricating fluids.
2. The stopped vehicle or placed object results in conditions which constitute a danger to public health and/or safety as defined in JCC 8.10.070, including the dumping or accumulation of solid waste materials, as defined in JCC 8.10.030.
3. The stopped vehicle or placed object results in damage to the County road or County right-of-way, such as digging holes or removing vegetation.
B. All other instances of stopping a vehicle or placing an unauthorized object within any County road, County right-of-way, local access road or on public property constitutes an unlawful nonimminent hazard. Any person who creates a nonimminent hazard under this section shall remedy the hazard within 72 hours of an infraction complaint served under JCC 8.20.070. A nonimminent hazard that exists in excess of 72 hours is subject to removal by the Sheriff or Road Official, or their designees, pursuant to JCC 8.20.080.
C. Under the circumstances described in subsection (A) of this section, the Sheriff or Road Official, or their designees, may take immediate action to remove the vehicle or object associated with the violations described in those provisions. To the extent that the imminent hazard creates a danger to public health or safety, the Public Health Director, or their designee, also has authority to abate the public health hazard.
D. A person who violates any provision of this section is subject to penalty, pursuant to JCC 8.20.070. [Ord. 2023-003 §§ 1, 2.]
8.20.070 Penalties for violations.
A. The Board hereby authorizes the Sheriff and the Road Official, or their designees, to issue infraction complaints for violations of JCC 8.20.050 and 8.20.060. Authorized enforcement personnel may personally serve the infraction complaint on the person found in violation or may place it in a conspicuous place upon or near the vehicle, unauthorized object, or personal property involved in the violation.
B. Each violation of JCC 8.20.050 and 8.20.060 is punishable as a Class A violation, pursuant to ORS 153.019. Each vehicle or object left on a road, right-of-way or public property in violation of JCC 8.20.060 is a separate violation. [Ord. 2023-003 §§ 1, 2.]
8.20.080 Removal of vehicles and personal property.
A. No personal property left in a hazardous location, as described in JCC 8.20.050, shall be removed by County until 24 hours after the infraction complaint has been served in the manner described in JCC 8.20.070(A).
B. No vehicle or unauthorized object creating a nonimminent hazard, as described in JCC 8.20.060(B), shall be removed by County until 72 hours after the infraction complaint has been served in the manner described in JCC 8.20.070(A).
C. The Board hereby authorizes the Sheriff and Road Official, or their designees, to immediately remove vehicles or unauthorized objects creating imminent hazards, as described in JCC 8.20.060(A).
D. The infraction complaint and an accompanying notice of the violation shall be written in English and in Spanish and shall describe the violation and shall state the time frame in which any vehicle, unauthorized object or personal property must be retrieved from the site before removal and disposal by County in accordance with Chapter 2.80 JCC.
E. Upon expiration of the time frame set forth in the infraction complaint, the Sheriff or Road Official, or their designees, may dispose of any unclaimed personal property or unauthorized object in accordance with the provisions of Chapter 2.80 JCC. All vehicles left at the site after the time set forth in the infraction complaint may be disposed of by the Sheriff or Road Official, or their designees, as provided by ORS 819.100 through 819.215.
F. The Board hereby authorizes the Public Health Director, or their designee, to assist other authorized enforcement personnel in the abatement of any public health hazards resulting from violations of this chapter. [Ord. 2023-003 §§ 1, 2.]
8.20.090 Enforcement priority.
The Board hereby directs the Sheriff, Public Works Director, and Public Health Director to develop a policy outlining the manner in which the County will prioritize and address violations of this chapter. Authorized enforcement personnel, as provided in this chapter, shall enforce this chapter in accordance with the above-mentioned policy. [Ord. 2023-003 §§ 1, 2.]
8.20.100 Severance.
Should any section or provision of this chapter be declared by a court or tribunal of competent jurisdiction to be invalid, that decision shall not affect the validity of the chapter as a whole or any part thereof, other than the part so declared to be invalid. [Ord. 2023-003 §§ 1, 2.]