CHAPTER VII
MISCELLANEOUS PROVISIONS

Section 27. INTIATIVE AND REFERENDUM.

Except as county ordinance prescribes to the contrary, the manner of exercising the initiative and referendum with reference to a county proposition, including an amendment, revision or repeal of this charter, shall be the manner prescribed by the constitution and laws of the state for doing so.

Section 28. ELECTIONS ON COUNTY PROPOSITIONS.

Except as this charter or county ordinance enacted pursuant to it provides to the contrary:

(1) An election on a proposition concerning the county shall be conducted as prescribed by state law governing voting on such propositions; provided, however, that such an election may be held at a regular primary or general election or a special election called by the Board. A special election may not be held sooner than 90-days after the filing of the initiative or referendum petition, or after the measure has been referred to the voters by the Board.

(2) An initiative measure and a referendum may be proposed by the signatures of qualified county voters of a number equal to the following percentages of the total number of votes cast in the county for all candidates for Governor at the regular gubernatorial election next preceding the filing of the petition:

(a) Initiative petitions, six percent;

(b) Referendum petitions, four percent.

(3) An initiative petition shall include the full text of the proposed measure, which may embrace one subject only and matters properly connected therewith.

(4) An initiative petition must be filed with the County Clerk not less than 90-days before any primary or general election at which the proposed measure it to be voted upon.

(5) A referendum petition upon an ordinance may not be filed more than 90-days after enactment of the ordinance.

(6) An initiative measure takes effect on the date of its adoption. A referendum delays the effective date of an ordinance until the date of an election at which the ordinance is approved by the people.

Section 29. CHARTER AMENDMENT AND REPEAL.

(1) In accordance with state law, an initiative measure to amend, revise or repeal this Charter shall be placed on the ballot at:

(a) the next available county election date,

(b) a regular primary general election date, whichever comes first.

(2) An initiative petition to submit a charter amendment or repeal to the voters must be filed with the County Clerk not less than 90-days before any county election date or any primary or general election at which the proposed measure is to be voted upon.

(3) This charter shall be amended, revised or repealed only through the use of the initiative process (as defined in Chapter VII of this Charter) and no county ordinance shall prescribe to the contrary.

(4) The procedure for repeal of this charter by the initiative is as prescribed by this charter or by the authority of this charter for the initiative and referendum, except that the number of signatures required on a petition to repeal this charter is equal to at least 8 percent of the total number of votes cast in the county for all candidates for Governor at the regular gubernatorial election next preceding the filing of the initiative. [Amended May, 1992]

Section 29.1. RIGHT TO BEAR ARMS

INTENT: The intent of this Charter amendment is to provide the citizens of Josephine County with local protection of one of their inalienable rights as originally defined by our founding fathers in the United States Constitution and Bill of Rights.

Section 1: The following provision shall be adopted into the Josephine County Home Rule Charter and shall govern all actions by individuals and organizations, both public and private, within Josephine County:

The right of the people to keep and bear Arms shall not be infringed.

Section 2: No elected or appointed officials of Josephine County shall pass or enforce any law, ordinance, resolution, administrative rule, or statute that denies or erodes any of the provision of this Charter Amendment. Where any current law, ordinance, resolution, administrative rule, or statute within or outside of Josephine County may be interpreted to deny or erode any of the provisions of this Charter Amendment, that interpretation is void and is not to be enforced within Josephine County by any individual, group, or federal, state or local governmental body or agency.

Section 3: No changes or abridgments of any of the provisions of this Charter Amendment shall be made or enforced by any entity within Josephine County or upon individuals within Josephine County without a 2/3rds majority vote of the voters of Josephine County in acceptance.

Section 4: The Josephine County Board of Commissioners and the Josephine County District Attorney must enforce all of the provisions of this Charter Amendment. This enforcement must include citing persons charged with violating this Charter Amendment by issuing a Class B Misdemeanor Citation. No person shall be immune from such citation regardless of any personal or official capacity whatever. Judicial proceedings regarding such citations shall follow the same as in the issuance of any other Misdemeanor Citation.

Section 5. No individual within Josephine County shall be barred from seeking civil relief in the Courts of Josephine County from any injury or potential injury arising from the violation of any of the provisions of this Charter Amendment. No person or body, public or private, shall be immune from jurisdiction by the Courts of Josephine County over matters arising from this Charter Amendment. Civil claims arising from this amendment shall be heard by a duly constituted jury in the Courts of Josephine County unless all parties named in such claims unanimously agree to adjudication of the claims solely by a Judge of the Josephine County Courts or by some other mediator.

MISCELLANEOUS

(A) Conflict Clause - If any portion of this Charter Amendment is in conflict with any other provision of this Charter, that portion most recently approved by a 2/3rds vote of the voters of Josephine County shall prevail.

(B) Severability - If a part of this Charter Amendment is invalid, all parts that are severable from the invalid part shall remain in effect. If a part of this Charter Amendment is invalid in one or more of its applications, that part remains in effect for all valid applications that are severable from the invalid applications. [Amended November, 1994]

Section 29.2. DUE PROCESS AND JUST COMPENSATION

INTENT: The intent of this Charter Amendments is to provide the citizens of Josephine County with local protection of one of their inalienable rights as originally defined by our founding fathers in the U. S. Constitution and the Bill of Rights.

Section 1: The following provision shall be adopted into the Josephine County Home Rule Charter and shall govern all actions by individuals and organizations, both public and private, within Josephine County.

No person shall be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use without just compensation.

DEFINITION: JUST COMPENSATION: Just compensation means that no properties or personal possessions shall be taken for public use without fair and just compensation. Just and fair compensation shall be defined as follows: The average of two separate independent appraisals to be paid for by the government body or entity seeking possession.

Section 2: No elected or appointed official of Josephine County shall pass or enforce any law, ordinance, resolution, administrative rule, or statute that denies or erodes any of the provision of this Charter Amendment. Where any current law, ordinance, resolution, administrative rule, or statute within or outside of Josephine County may be interpreted to deny or erode any of the provisions of this Charter Amendment, that interpretation is void and is not to be enforced within Josephine County by any individual, group, or federal, state or local governmental body or agency.

Section 3: No changes or abridgments of any of the provisions of this Charter Amendment shall be made or enforced by any entity acting within Josephine County or upon individuals within Josephine County without a 2/3rds majority vote of the voters of Josephine County in acceptance.

Section 4: The Josephine County Board of Commissioners and the Josephine County District Attorney must enforce all of the provisions of this Charter Amendment. This enforcement must include citing persons charged with violating this Charter Amendment by issuing a Class B Misdemeanor Citation. No person shall be immune from such citation regardless of any personal or official capacity whatever. Judicial proceedings regarding such citations shall follow the same as in the issuance of any other Misdemeanor Citation.

Section 5: No individual within Josephine County shall be barred from seeking civil relief in the Courts of Josephine County from any injury or potential injury arising from the violations of any of the provisions of this Charter Amendment. No person or body, public or private, shall be immune from jurisdiction by the Courts of Josephine County over matters arising from this Charter Amendment. Civil claims arising from this amendment shall be heard by a duly constituted jury in the Courts of Josephine County unless all parties named in such claims unanimously agree to adjudication of the claims solely by a Judge of the Josephine County Courts or by some other mediator.

MISCELLANEOUS

(A) Conflict Clause - If any portion of this Charter Amendment is in conflict with any other provision of this Charter, that portion most recently approved by a 2/3rds vote of the voters of Josephine County shall prevail.

(B) Severability - If a part of this Charter Amendment is invalid, all parts that are severable from the invalid part shall remain in effect. If a part of this Charter Amendment is invalid in one or more of its applications, that part remains in effect for all valid applications that are severable from the invalid applications.

Section 29.2.1. MORE DUE PROCESS IN THE TAKING OF ASSETS.

INTENT: The intent of this charter amendment is to provide the citizens of Josephine County with local protection of one of their inalienable rights as originally defined by our founding fathers in the U.S. Constitution and the Bill of Rights.

Section 1. The following provision shall be adopted into the Josephine County Home Rule Charter and shall govern all actions by individuals and organizations, both public and private, within Josephine County.

No Bill of Attainder or Ex Post Facto Law shall be passed in Josephine County. No law or regulation shall be passed or enforced which confiscates property prior to due process of law, including trial by jury where required, no law or regulation shall be enforced retroactively.

DEFINITION: After the defendant has officially been charged with a crime, Josephine County officials may, if authorized by court order, freeze the sale of defendant’s assets pending completion of trial and all appeals, except in so far as assets can be sold by the defendant to obtain resources for his/her own legal expenses. If the accused is found to be innocent of the charges, then all the defendants assets must be returned to the defendant in the same condition it was obtained, and the entire cost, including the defendant’s legal expenses, shall be the entire responsibility of and reimbursed by the government or entity acting on behalf of the government making the accusation. And, as further compensation to the defendant for being falsely accused, the government or the entity acting on behalf of the government, shall pay the defendant twice the amount of the expenses incurred relating to the case. All defendants are presumed innocent until proven guilty.

Section 2: No elected or appointed officials of Josephine County shall pass or enforce any law, ordinance, resolution, administrative rule, or statute that denies or erodes any of the provisions of this Charter Amendment. Where any current law, ordinance, resolution, administrative rule, or statute within or outside of Josephine County may be interpreted to deny or erode any of the provisions of this Charter Amendment, that interpretation is void and is not to be enforced within Josephine County by any individual, group, or federal, state or local governmental body or agency.

Section 3: No changes or abridgments of any of the provisions of this Charter Amendment shall be made or enforced by any entity acting within Josephine County or upon any individuals within Josephine County without a 2/3rds majority vote of the voters of Josephine County in acceptance.

Section 4: The Josephine County Board of Commissioners and the Josephine County District Attorney must enforce all of the provisions of this Charter Amendment. This enforcement must include citing persons charged with violating this Charter Amendment by issuing a Class B Misdemeanor Citation. No person shall be immune from such citation regardless of any personal or official capacity whatever. Judicial proceedings regarding such citations shall follow the same as in the issuance of any other Misdemeanor Citation.

Section 5: No individual within Josephine County shall be barred from seeking civil relief in the Courts of Josephine County from any injury or potential injury arising from the violations of any of the provisions of this Charter Amendment. No person or body, public or private, shall be immune from jurisdiction by the Courts of Josephine County over matters arising from this Charter Amendment. Civil claims arising from this amendment shall be heard by a duly constituted jury in the Courts of Josephine County unless all parties named in such claims unanimously agree to adjudication of the claims solely by a Judge of the Josephine County Courts or by some other mediator.

Miscellaneous:

(a) Conflict Clause - If any portion of the Charter Amendment is in conflict with any other provision of this charter, that portion most recently approved by a 2/3rds vote of the voters of Josephine County shall prevail.

(b) Severability Clause - If a part of this Charter Amendment is invalid, all parts that are severable from the invalid part shall remain in effect. If a part of this Charter Amendment is invalid in one or more of its applications, that part remains in effect for all valid applications that are severable from the invalid applications. [Amended March 1996]

Section 29.3. PROHIBITS ADVOCACY OF THE FORFEITURE OF CONSTITUTIONAL RIGHTS.

INTENT: The intent of this Charter amendment is to prohibit the advocacy of the forfeiture of any right guaranteed by the U. S. Constitution and shall further prohibit public officials, elected or appointed, from advocating the forfeiture of any rights guaranteed by the U. S. Constitution or to fail to uphold the rights guaranteed by the U. S. Constitution. For example the Second Amendment of the U. S. Constitution (the right to bear arms) may not be used to advocate the forfeiture of the First Amendment of the United States Constitution (guarantee of free speech) may not be used to advocate the forfeiture of rights guaranteed by the Second Amendment. By way of further example, elected or appointed officials may not advocate the need the ban the right to bear arms in contravention of the rights guaranteed by the Second Amendment of the U. S. Constitution.

DEFINITIONS: Nothing in this initiative shall be construed to prevent anyone from using the 1st Amendment Right of Free Speech, from proposing, discussing and/or debating changes in the U. S. Constitution, or from suggesting any changes. However, while the U. S. Constitution stands, as the supreme law of the land, elected or appointed public officials shall be bound by the chains of the U. S. Constitution, to uphold and preserve the rights of all citizens protecting them from the irresponsible misuse of free speech that is to say, elected or appointed public officials, shall be prohibited from advocating and conspiring to deprive law abiding citizens from their U. S. Constitutional protections and guarantees. Legal Path - U. S. Constitution. The Constitution of the United States established in 1789 and ratified by the states forming the United States of America.

Section 1: No elected or appointed officials of Josephine County shall pass or enforce any law, ordinance, resolution, administrative rule, or statute that denies or erodes any of the provisions of this Charter Amendment. Where any current law, ordinance, resolution, administrative rule, or statute within or outside of Josephine County may be interpreted to deny or erode any of the provisions of this Charter Amendment, that interpretation is void and is not to be enforced within Josephine County by any individual, group, or federal, state, or local governmental body or agency.

Section 2: No changes or abridgements of any of the provisions of this Charter Amendment shall be made or enforced by any entity acting within Josephine County or upon individuals within Josephine County without 2/3rds majority vote of the voters of Josephine County in acceptance.

Section 3: The Josephine County Board of Commissioners and the Josephine County District Attorney must enforce all of the provisions of this Charter Amendment. This enforcement must include citing persons charged with violating this Charter Amendment by issuing a Class B Misdemeanor Citation. No person shall be immune from such citation regardless of any personal or official capacity whatever. Judicial proceedings regarding such citations shall follow the same as in the issuance of any other Misdemeanor Citation.

Section 4: No individual within Josephine County shall be barred from seeking civil relief in the Courts of Josephine County from any injury or potential injury arising from the violation of any of the provisions of this Charter Amendment. No person or body, public or private, shall be immune from jurisdiction by the Courts of Josephine County over matters arising from this Charter Amendment. Civil claims arising from this amendment shall be heard by a duly constituted jury in the Courts of Josephine County unless all parties named in such claims unanimously agree to adjudication of the claims solely by a Judge of the Josephine County Courts or by some other mediator.

MISCELLANEOUS:

(A) Conflict Clause - If any portion of this Charter Amendment is in conflict with any other provision of this Charter, that portion most recently approved by a 2/3rds vote of the voters of Josephine County shall prevail.

(B) Severability - If a part of this Charter Amendment is invalid, all parts that are severable from the invalid part shall remain in effect. If a part of this Charter Amendment is invalid in one or more of its applications, that part remains in effect for all valid applications that are severable from the invalid applications. [Amended November, 1994]

Section 29.4. SEARCH AND SEIZURE.

INTENT: The intent of this charter amendment is to provide the citizens of Josephine County with local protection of one of their inalienable rights as originally defined by our founding fathers in the U. S. Constitution and the Bill of Rights.

Section 1. The following provision shall be adopted into the Josephine County Home Rule Charter and shall govern all actions by individuals and organizations, both public and private, within Josephine County.

In Josephine County, the right of the people to be secure in their persons, houses, papers, and effects, against any unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

DEFINITION: UNREASONABLE: No public official, elected, appointed, or any agent of the government, or entity, is to enter private property, for the purpose of obtaining information, data, or material, without obtaining prior written consent of the property owner and tenant, or court order issued upon probable cause.

Section 2. No elected or appointed officials of Josephine County shall pass or enforce any law, ordinance, resolution, administrative rule, or statute that denies or erodes any of the provisions of this Charter Amendment. Where any current law, ordinance, resolution, administrative rule, or statute within or outside of Josephine County may be interpreted to deny or erode any of the provisions of this Charter Amendment, that interpretation is void and is not to be enforced within Josephine County by any individual, group, or federal, state or local governmental body or agency.

Section 3. No changes or abridgments of any of the provisions of this Charter Amendment shall be made or enforced by any entity acting within Josephine County or upon individuals within Josephine County without a 2/3rds majority vote of the voters of Josephine County in acceptance.

Section 4. The Josephine County Board of Commissioners and the Josephine County District Attorney must enforce all of the provisions of this Charter Amendment. This enforcement must include citing persons charged with violating this Charter Amendment by issuing a Class C Misdemeanor Citation. No person shall be immune from such citation regardless of any personal or official capacity whatever. Judicial proceedings regarding such citations shall follow the same as in the issuance of any other Misdemeanor Citation.

Section 5. No individual within Josephine County shall be barred from seeking civil relief in the Courts of Josephine County from any injury or potential injury arising from the violations of any of the provisions of this Charter Amendment. No person or body, public or private, shall be immune from jurisdiction by the Courts of Josephine County over matters arising from this Charter Amendment. Civil claims arising from this amendment shall be heard by a duly constituted jury in the Courts of Josephine County unless all parties named in such claims unanimously agree to adjudication of the claims solely by a Judge of the Josephine County Courts or by some other mediator.

MISCELLANEOUS:

(A) Conflict Clause - If any portion of this Charter Amendment is in conflict with any other provision of this charter, that portion most recently approved by a 2/3rds vote of the voters of Josephine County shall prevail.

(B) Severability Clause - If a part of this Charter Amendment is invalid, all parts that are severable from the invalid part shall remain in effect. If a part of this Charter Amendment is invalid in one or more if its applications, that part remains in effect for all valid applications that are severable from the invalid applications. [Amended September, 1995]

Section 29.5. CHARTER AMENDMENT: FEES.

Voter approval shall be required before any use fee, license fee, or any other fee may be established by the county. In no way shall this act interfere with any existing fee or license programs nor with any policy or procedures related thereto nor shall it interfere with judicial mandate or state or national law. (Definitions: FEE -- A charge fixed by law for the services of public officers or for the use of a privilege or of property under control or ownership of the county. LICENSE -- A permit or warrant issued by the county or agents thereof empowering the grantee to do some act including those made unlawful by ordinance, statute or order including that authorizing or requiring such license.) [Amended November, 1986]

Section 29.6. VOTE ON PRIVATE MANAGEMENT OF COUNTY PROPERTIES AND FEES.

INTENT: The intent of this measure is to assure the people that their authority to regulate fees or fee increases through voter approval as defined and prescribed in this charter shall not be circumvented, directly or indirectly, by any action taken by the Board or any agent or agency of county government.

Section 1. The right of the people to regulate fees by voter approval as defined in this charter shall not be circumvented by any county governmental action. The people’s authority to regulate fees relating to the use of county properties or county provided services associated with those properties shall not be terminated by the transferal, consignment, assignment or any other method of conveyance, of the management of, or the lease or rental of, such properties or services to a private agency, municipality, or other governmental jurisdiction. Any private sector management, or management by any municipality or other governmental jurisdiction, of county properties, established by the Board or the County, shall conform to the provisions of this amendment. State or federally mandated consignments of such authority are excluded from this restriction. Privatization of properties, or the sale or transfer of ownership of such properties to a municipality or other governmental jurisdiction, shall be accomplished only by contractual agreement established through a nonemergency, regular ordinance and referred to the voters for their approval.

(a) This charter amendment shall become effective upon approval of the voters of Josephine County. Any agreements, consignments, assignments or transfers of authorities defined herein, or contracts, excluding those relating to the sale of county owned properties, made and agreed to subsequent to July 15, 1993 or agreed to but not placed in effect as of November 2, 1993, and in violation of this amendment, shall be brought into compliance with the intent of this amendment.

(b) This amendment shall be revised, repealed, or amended, only by a sixty percent majority vote of all votes cast at an election brought according to the requirements of this charter.

(c) If there is any conflict between this amendment and any other portion of this Charter, that portion being most recently approved by a vote of the people and consistent with the tenets of this amendment shall prevail.

DEFINTIONS:

Board: The Josephine County Board of Commissioners.

County: Josephine County and/or agents or agencies thereof.

Properties: County owned properties or facilities paid for or established by use of public revenue or by donation or gift to the county, including but not limited to, landfill sites or septic lagoons established for public use; libraries, the sheriff’s department, buildings designated for use by senior citizens; the county courthouse and county administrative and service buildings; parking lots, parks, boat ramps, public rights of way including sidewalks, pedestrian rights of way, and those areas designated and labeled as bicycle paths.

Private agency: Any person, company, corporation, business, agency, or any other privately or mutually owned organization or trust or any other legal business or organizational structure.

Privatization of county properties: The sale, or disposal by any other manner, of county owned properties to a private agency.

SEVERABILITY:

If a part of this amendment is found invalid, all parts that are severable from the invalid part shall remain in effect. If a part of this amendment is invalid in one or more of its applications, that part remains in effect in all valid applications that are severable from the invalid applications. [Amended September 1995]

Section 29.7. PROHIBITION OF INCOME TAX.

Josephine County shall not establish an income tax; both personal and business income taxes would be disallowed. [Amended May, 1990]

Section 29.8. SPEECH AND RELIGION.

INTENT: The intent of this charter amendment is to provide the citizens of Josephine County with local protection of one of their inalienable rights as originally defined by our founding fathers in the U. S. Constitution and the Bill of Rights.

Section 1. The following provision shall be adopted into the Josephine County Home Rule Charter and shall govern all actions by individuals and organizations, both public and private, within Josephine County.

No governmental law or regulation shall be made or enforced respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

DEFINITION: Josephine County Government officials that are petitioned for redress of grievances shall be required to respond within 5 days, and to resolve the problem in question within 60 days.

Section 2. No elected or appointed officials of Josephine County shall pass or enforce any law, ordinance, resolution, administrative rule, or statute that denies or erodes any of the provisions of this Charter Amendment. Where any current law; ordinance, resolution, administrative rule, or statute within or outside of Josephine County may be interpreted to deny or erode any of the provisions of this Charter Amendment, that interpretation is void and is not to be enforced within Josephine County by any individual, group, or federal, state or local governmental body or agency.

Section 3. No changes or abridgments of any of the provisions of this Charter Amendment shall be made or enforced by any entity acting within Josephine County or upon individuals within Josephine County without a 2/3rds majority vote of the voters of Josephine County in acceptance.

Section 4. The Josephine County Board of Commissioners and the Josephine County District Attorney must enforce all of the provision of this Charter Amendment. This enforcement must include citing persons charged with violating this Charter Amendment by issuing a Class B Misdemeanor Citation. No person shall be immune from such citation regardless of any personal or official capacity whatever. Judicial proceedings regarding such citations shall follow the same as in the issuance of any other Misdemeanor Citation.

Section 5. No individual within Josephine County shall be barred from seeking civil relief in the Courts of Josephine County from any injury or potential injury arising from the violations of any of the provisions of this Charter Amendment. No person or body, public or private, shall be immune from jurisdiction by the Courts of Josephine County over matters arising from this Charter Amendment. Civil claims arising from this amendment shall be heard by a duly constituted jury in the Courts of Josephine County unless all parties named in such claims unanimously agree to adjudication of the claims solely by a Judge of the Josephine County Courts or by some other mediator.

MISCELLANEOUS:

(A) Conflict Clause - If any portion of this Charter Amendment is in conflict with any other provision of this charter, that portion most recently approved by a 2/3rds vote of the voters of Josephine County shall prevail.

(B) Severability Clause - If a part of this Charter Amendment is invalid, all parts that are severable from the invalid part shall remain in effect. If a part of this Charter Amendment is invalid in one or more of its applications, that part remains in effect for all valid applications that are severable from the invalid applications. [Amended September 1995]

Section 29.9. RESTRICT NUDITY.

Any person wishing to establish, in Josephine County, a business that will engage in any activity such as a topless or nude bar, or as a center of entertainment established for the purpose of the display of human nudity as commonly defined and understood for that purpose, as a function of the operation of that business shall:

(1) Be required to post a ten million dollar bond for the duration of the operation of said business with the County of Josephine to insure protection to the County, the population in general, and the business involved, from incidents that might result from the operation of said business. This will provide security from liability to that business, the public and the County of Josephine from any such unforeseen occurrence.

(2) Provide a distance of at least 2 miles between said place of business and any publicly or privately owned building or gathering place commonly used by citizens of the community as a place for meetings, receptions, etc. Such places shall include, but not be limited to, public or private schools, day-care centers, playgrounds where children play, churches, parks, public halls or buildings made available to the public by the government for any of these purposes, either free or on a rental or lease basis, hospitals, police or sheriff stations, retirement centers, nursing homes, and places used for the administration of public affairs or government operations such as court houses or city or county government administrative buildings.

This amendment shall become effective immediately on approval by the voters of Josephine County.

If a part of this amendment is invalid, all parts that are severable from the invalid part shall remain in effect. If a part of this amendment is invalid in one or more of its applications, that part remains in effect in all valid applications that are severable from the invalid applications. [Amended March, 1994]

Section 29.10. PARENTS AND CHILDREN.

INTENT: The intent of this charter amendment is to preserve the natural rights and authority that parents or guardians have over their minor children, should never be violated by any government body or entity acting on behalf of the government.

Section 1. The following provision shall be adopted into the Josephine County Home Rule Charter and shall govern all actions by individuals and organizations, both public and private, within Josephine County.

1. To protect the minor children’s health and well being, parents or guardians have the natural right, if they so choose, to refuse immunizations for their minor children, if they feel immunizations contain harmful side effects or chemicals, or if it conflicts with their religious beliefs. Parents or guardians have the natural right to teach their children moral values of their choosing, religious values, education, whether they choose public, private or home schooling, and disciplining.

This charter amendment should not be misconstrued to protect felonious or misdemeanor child abusers as defined by state law. The intent is to protect law abiding parents and guardians. Felonious or misdemeanor child abuse, as defined by state law, would still be a felony and a misdemeanor. If a parent is accused of, or sued for child abuse, their right to a jury trial shall not be denied.

2. The Board of County Commissioners must provide, in layman’s terms, a definition of what constitutes misdemeanor child abuse and what does not. And the definition of what misdemeanor child abuse is and is not, must be made available to all Josephine County citizens, upon request, within 30 days of the passage of this Charter Amendment, without any charge or prejudice.

The purpose of this action is so parents or guardians of minor children will not be law breakers.

3. Upon passage of this charter amendment, Josephine County Board of Commissioners are solely responsible to see that this charter amendment is fully complied with, that no entity or entity acting on behalf of the government, or any government body is to violate this charter amendment. If any outside body is to impose any laws which will take parental rights away, or violate this charter amendment, the Josephine County Board of Commissioners must, within 30 days:

a. Put three half-page ads in at least two major newspapers, five to seven days apart, to alert parents and citizens in this county, of any law that may violate this charter amendment.

b. Run a minimum of fifteen one-minute commercials on three different radio stations, to alert parents and citizens in this county, of any law that may violate this charter amendment.

Section 2: No elected or appointed officials of Josephine County shall pass or enforce any law, ordinance, resolution, administrative rule, or statute that denies or erodes any of the provisions of this Charter Amendment. Where any current law, ordinance, resolution, administrative rule, or statute within or outside of Josephine County may be interpreted to deny or erode any of the provisions of this Charter Amendment, that interpretation is void and is not to be enforced within Josephine County by any individual, group, or federal, state or local governmental body or agency.

Section 3: No changes or abridgments of any of the provisions of this Charter Amendment shall be made or enforced by any entity acting within Josephine County or upon individuals within Josephine County without a 2/3rds majority vote of the voters of Josephine County in acceptance.

Section 4: The Josephine County Board of Commissioners and the Josephine County District Attorney must enforce all of the provisions of this Charter Amendment. This enforcement must include citing persons charged with violating this Charter Amendment by issuing a Class B Misdemeanor Citation. No person shall be immune from such citation regardless of any personal or official capacity whatever. Judicial proceedings regarding such citations shall follow the same as in the issuance of any other Misdemeanor Citation.

Section 5: No individual within Josephine County shall be barred from seeking civil relief in the Courts of Josephine County from any injury or potential injury arising from the violations of any of the provisions of this Charter Amendment. No person or body, public or private, shall be immune from jurisdiction by the Courts of Josephine County over matters arising from this Charter Amendment. Civil claims arising from this amendment shall be heard by a duly constituted jury in the Courts of Josephine County unless all parties named in such claims unanimously agree to adjudication of the claims solely by a Judge of the Josephine County Courts or by some other mediator.

Miscellaneous:

(A) Conflict Clause - If any portion of this Charter Amendment is in conflict with any other provision of this charter, that portion most recently approved by a 2/3rds vote of the voters of Josephine County shall prevail.

(B) Severability Clause - If a part of this Charter Amendment is invalid, all parts that are severable from the invalid part shall remain in effect. If a part of this Charter Amendment is invalid in one or more if its applications, that part remains in effect for all valid applications that are severable from the invalid applications. [Amended May 1996]