Chapter 11.30
HABITATION ON RIGHT-OF-WAY

Sections:

11.30.010    Short title.

11.30.020    Purpose.

11.30.030    Authority.

11.30.040    Definitions.

11.30.050    Prohibited use in excess of 72 hours.

11.30.060    Method of determining use.

11.30.070    Penalties for violation.

11.30.080    Removal of person and property.

11.30.090    Administration and enforcement.

11.30.010 Short title.

This chapter shall be known as the habitation on county right-of-way ordinance and shall be so cited. [Ord. 1025 § 1, 1995.]

11.30.020 Purpose.

To protect the community environment, to assure safer streets and to provide adequate access to public rights-of-way by having:

A. Better control of parked vehicles that interfere with traffic safety or the intended use of the right-of-way.

B. Better vehicle ingress and egress from and to the public roads.

C. Better control of personal safety hazards, including sanitation problems.

D. Better control of vehicles and structures that interfere with road maintenance procedures.

E. Better control of temporary or permanent habitation within the public road.

This chapter is not intended to interfere with legitimate visitation by travelers. This chapter shall not apply to county roads lying within city limits if this chapter conflicts with existing city zoning or ordinances. [Ord. 1025 § 2, 1995.]

11.30.030 Authority.

The Marion County board of commissioners has the authority to regulate, control or prohibit the stopping, standing and parking of motor vehicles upon public roads, pursuant to ORS 810.160, and to control placing any facility or structure within the county right-of-way, pursuant to ORS 374.305. In addition, Marion County has broad authority to control matters of county concern, including roads within the county, pursuant to ORS 203.035 and 368.016. [Ord. 1025 § 3, 1995.]

11.30.040 Definitions.

For the purpose of this chapter, the following terms, phrases, words, and their derivatives shall have the meaning given in this section:

“County road” means a public road under the jurisdiction of a county that has been designated as a county road under ORS 368.016.

“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 Marion County board of commissioners, pursuant to ORS 368.031.

“Motor vehicle” means any vehicle that is self-propelled or designed for self-propulsion.

“Recreational vehicle” means any camper, motor home or travel trailer that is capable of being used for human habitation.

“Road” means the entire width between the boundary lines of the right-of-way of any public way that provides vehicle ingress or egress from property and vehicle travel between places.

“Shelter” means any structure or facility including but not limited to tents, shacks, lean-tos or stands, used for human habitation. [Ord. 1025 § 4, 1995.]

11.30.050 Prohibited use in excess of 72 hours.

A. It shall be unlawful for any person to use any motor vehicle, recreational vehicle, or shelter as a place of temporary or permanent habitation within any county road or local access road in excess of 72 hours. However, in no case shall habitation be allowed in any of the following circumstances:

1. The total habitation time within all public roads over a 90-day period exceeds 72 hours.

2. Sanitation problems are created in violation of ORS 446.345.

3. Refuse waste and sewage are not deposited in a lawful manner.

4. A vision hazard or other safety hazard is created.

5. Damage is done to the road, such as digging holes or removing vegetation.

6. On a county-designated arterial road and collector road.

B. A recreational vehicle may be used as a place of temporary habitation for a period of time in excess of 72 hours if there is no violation of the provisions of subsection (A) of this section and the owner or person in charge of the recreational vehicle has secured a permit from the director of public works, as provided in subsections (C) and (D) of this section; provided, however, that no recreational vehicle may be so used in any commercial or industrial zone.

C. The county may inspect any recreational vehicle subject to application for a permit required by subsection (B) of this section, and may make any further examination of the premises. Included in the investigation are whether such vehicle is properly registered, licensed and insured, where such vehicle will be used, provision for sewage and garbage collection and disposal, and any other investigation as may be deemed necessary by the director of public works to establish that the requirements of this section will be complied with, and that adequate arrangements have been made for the protection of the health, safety and welfare of the occupants thereof and of the public. In no event shall any permit be issued for longer than 30 days’ use of a recreational vehicle as a place of temporary habitation. The decision of the director to issue or deny a permit shall be final, and shall be subject to review only by writ of review as posted in ORS 34.010 through 34.100.

D. The purpose of issuing a permit allowing temporary habitation on the county roads is to protect the general public health, safety and welfare without needlessly infringing on legitimate visitors staying in recreational vehicles or campers for short periods of time while visiting with county residents by reviewing each request to ensure no hazards or nuisances to the public are created. The director shall consider, when reviewing a permit, the following criteria, which are not exclusive:

1. The RV shall not be placed on a county-designated arterial road or collector road.

2. The RV shall not be placed on the travel surface of any roadway.

3. The RV shall not be placed closer than 50 feet to a public road intersection.

4. The RV shall not cause a vision obstruction to anyone entering or exiting access roads and private driveways, etc.

5. The RV electrical, sanitary or other hookup lines shall not be allowed across roads, sidewalks or other areas that would obstruct or endanger pedestrian or other public use of the road.

6. Any placement, location or other situation that may cause a welfare, safety or health concern to the general public as identified by the county permit representative.

7. The RV shall not interfere unduly with the abutting property owners’ quiet enjoyment of their property and use of the road.

E. The board of commissioners hereby authorizes the director of public works to establish, collect and adjust permit fees as needed to fund administration costs associated with the permit system. [Ord. 1025 § 5, 1995.]

11.30.060 Method of determining use.

In determining whether use is in violation of MCC 11.30.050, the period of use shall begin when the vehicle or shelter is first left or erected in a road, and shall continue even if the vehicle or shelter is moved to another road location. The time of habitation shall be cumulative and shall not exceed 72 hours in a 90-day time period. [Ord. 1025 § 6, 1995.]

11.30.070 Penalties for violation.

Each recreational vehicle, motor vehicle or shelter left or erected on a road in violation of this chapter is a separate violation. Each violation of this chapter is punishable as provided:

A violation of this chapter shall be enforced pursuant to Chapter 1.25 MCC for the enforcement of violations of county ordinances:

A. The fine for violation of this chapter shall be $100.00 for the first violation and $500.00 for each subsequent violation.

B. The infraction complaint may be personally served on the violator, or placed in a conspicuous place upon the vehicle or shelter involved in the violation. [Ord. 1025 § 7, 1995.]

11.30.080 Removal of person and property.

A. Except in circumstances described in MCC 11.30.050 and ORS 203.079(2) requiring immediate action, no person or property shall be removed from the road until 24 hours after the complaint has been served.

B. The complaint and an accompanying notice of the violation shall be written in English and in Spanish and shall describe the violation and shall warn that any vehicle or shelter or personal property left at the site after 24 hours shall be deemed abandoned and shall be removed.

C. All unclaimed personal property shall be disposed of as provided by ORS 203.079(1).

D. All vehicles left on the road 24 hours after service of the complaint and notice shall be deemed abandoned and shall be disposed of as provided by ORS 819.100 through 819.260. [Ord. 1264 § 2(8), 2008; Ord. 1025 § 8, 1995.]

11.30.090 Administration and enforcement.

The Marion County board of commissioners hereby delegates authority to the director of public works to administer and enforce this chapter and to post areas of multiple violations. [Ord. 1025 § 9, 1995.]