Chapter 5
PUBLIC PROTECTION

OFFENSES

5.000    Oregon Criminal Code Adopted.

5.010    Drinking in Certain Public Places.

5.012    Smoking, Vaping, and Tobacco Use Prohibited.

5.015    Interfering in Emergencies.

5.020    Discharge of Weapons.

5.025    Fireworks.

5.030    Violating Privacy of Another.

5.035    Children Confined in Vehicles.

5.040    Endangering Welfare of Minor.

5.045    Places of Amusement.

5.050    Providing Liquor to Person Under 21.

5.055    Purchase or Possession of Liquor by Person Under 21.

5.060    Providing Premises for the Consumption of Alcohol by Minors Prohibited.

5.065    Obstructing Governmental Administration.

5.070    Tampering with Public Records.

5.075    False Reports.

5.080    Police and Fire Communications.

5.085    Failure to Appear on Citation.

5.090    Failure to Appear in the Second Degree.

5.095    Soliciting to Violate Code.

5.100    Attempt to Commit Offense.

5.105    Indecent Conduct.

5.110    Possession of Marijuana.

5.115    Overnight Camping on Public Property Prohibited.

5.120    Removal of Campsite.

CURFEW FOR MINORS

5.150    Hours of Curfew.

5.155    Parental Responsibility.

5.160    Custody of Minors Violating Curfew.

PROHIBITED TOUCHING

5.200    Designated.

5.205    Promoting Prohibited Touching.

5.210    Nudity in Massage.

5.215    Nuisances Declared.

5.220    Nuisance – Suit in Equity.

DOGS

5.250    Definitions.

5.255    Enforcement.

5.260    Violations.

5.265    Removal of Animal Wastes.

5.270    Rabies Inoculation Required.

5.275    Licensing.

5.280    Conditions for Reduction of License Fees Issued After July 1st of Each Calendar Year.

5.285    Impounding.

5.290    Seizing Certain Dogs.

5.295    Destroying Certain Dogs.

5.300    Pound Regulations.

5.305    Record of Impound.

5.310    Finders of Lost Dogs.

5.315    Interference with Officers.

5.320    Injured or Sick Dogs.

5.325    Duties of a Driver of Motor Vehicle.

5.330    Poisonous Food.

5.335    Kennels Prohibited.

5.340    Penalties.

NUISANCES

5.400    Definitions.

5.405    Animals – Communicable Disease.

5.410    Dangerous Animals.

5.415    Livestock and Poultry.

5.416    Domestic Chickens.

5.420    Removal of Carcasses.

5.425    Nuisances Affecting Public Health.

5.426    Light Trespass.

5.430    Abandoned Iceboxes.

5.435    Scattering Rubbish.

5.440    Junk.

5.445    Maintaining Inoperable Vehicles on Private Property Prohibited.

5.450    Logs, Firewood and Building Materials.

5.455    Garbage.

5.460    Blocking Public Right-of-Way Prohibited.

5.465    Trees.

5.470    Noxious Vegetation.

5.475    Drainage.

5.477    Erosion.

5.480    Radio and Television Interference.

5.485    Repealed.

5.487    Sound Levels and Noise.

5.490    Notices and Advertisements.

5.495    Violations – Public Nuisance Declaration – Abatement.

5.500    Notice – Posting and Mailing – Contents.

5.505    Abatement – By Owner or Other Person Responsible for the Nuisance.

5.510    Abatement – By City.

5.515    Abatement – Assessment of Costs.

5.520    Liability.

5.525    Summary Abatement.

5.527    Duty to Abate.

5.535    Judicial Review.

PARKS AND RECREATIONAL FACILITIES

5.550    Establishment of Park Rules and Hours.

5.552    Standard Park and Open Space Hours.

5.555    Violation – Penalty and Exclusion.

5.560    Vehicles and Horses Prohibited in City Parks.

5.565    Camping Prohibited.

FIRE HAZARDS

5.600    Combustible Vegetation Prohibited.

5.605    Vegetation Defined.

5.610    Fire Chief Determination – Notice.

5.615    Removal by City.

EXPLOSIVES

5.650    Purpose.

5.655    Definitions.

5.660    Applicability.

5.665    Storage – Permit Required.

5.670    Storage – Application for Permit.

5.675    Storage – Consideration of Application.

5.680    Issuance of Storage Permit.

5.685    Overnight Storage Limitations.

5.690    Revocation of Permit.

5.695    Appeal.

5.700    Inspections.

5.705    Transportation – General Applicability.

5.710    Transportation – Operation of the Vehicle.

5.715    Transportation – Competent Person to Attend Vehicle.

5.720    Transportation – Parking and Stopping Restricted.

5.725    Transportation – Disabled Vehicles.

BLASTING

5.750    Permit Required.

5.755    Permit Affidavit.

5.758    Notification Required.

5.760    Insurance Requirements.

5.765    Revocation of Permit.

5.770    Appeal.

5.775    Nonliability of City.

5.780    General Regulations.

5.785    Application Fee.

OFFENSES

5.000 Oregon Criminal Code Adopted.

(1)    ORS Chapters 161, 162, 163, 164, 165, 166, and 167, except for any provisions classified as a felony under State law, are adopted by reference. Violation of an adopted provision of those chapters is an offense against this City.

(2)    The provisions of ORS Chapter 161, relating to defenses, burden of proof, general principles of criminal liability, parties, and general principles of justification apply to offenses defined and made punishable by Sections 5.000 to 5.110.

(3)    Except where the context clearly indicates a different meaning, definitions appearing in the general definitional and other particular sections of chapters adopted by subsection (1) of this section are applicable throughout Sections 5.000 to 5.110.

5.010 Drinking in Certain Public Places.

(1)    It is unlawful for any person to drink or consume any alcoholic liquor or have in their possession any bottle, can or other receptacle containing any alcoholic liquor which has been opened, or a seal broken, or the contents of which have been partially removed, while in or upon any public street, alley, public boat landing, docks and other attendant facilities, school grounds or municipal buildings. However, the City Council or its designee may permit the service and consumption of alcoholic liquors in any public place or within designated municipal buildings on such terms and conditions as the Council may provide. Nothing in this section shall be deemed to prohibit drinking of alcoholic liquor in any establishment wherein the same may be sold for on premises consumption under the laws of the State, or when a permit has been granted by the City Council.

(2)    Drinking in certain public places is a violation and is punishable by a fine of not more than $100.00.

5.012 Smoking, Vaping, and Tobacco Use Prohibited.

(1) Smoking, vaping, and tobacco use is prohibited on City owned or operated properties that are open to the public.

(a)    “Smoking” means inhaling, exhaling, or possessing any lighted or burning cigar, cigarette, pipe, grass, plant, liquid, vapor or other substance grown, manufactured, or processed which is intended to be used for smoking in any form.

(b)    “Vaping” means inhaling, exhaling, or possessing any noncombustible product that employs a mechanical heating element, electronic element, battery, circuit, cartridge, or other system that creates smoke, vapor, aerosol or any other byproduct.

(c)    “Tobacco use” means smoking, inhaling, exhaling, vaping, use of an electronic cigarette or other smoking device, the use of smokeless tobacco products, and any other ingestion or consumption of a tobacco product, except for the use of tobacco cessation products approved by the United States Food and Drug Administration.

(2) Smoking, vaping, and tobacco use prohibited is a violation, and it is punishable by a fine of not more than $100.00.

[Added by Ordinance No. 1674, adopted 07-09-2018.]

5.015 Interfering in Emergencies.

(1)    Whenever a threat to the public health or safety is created by any fire, explosion, accident, cave in, or similar emergency, catastrophe or disaster, or by riot, presence of an armed person, hostage being held, or other disturbance, officers of the Police, Fire or Public Works Departments may restrict or deny access to the area where such threat exists, for the duration of the threat, when the presence of a person in the area would constitute a danger to themselves, or when the officer reasonably believes that the presence of the person would substantially interfere with the performance of the police or other emergency services. Any person refusing to obey the direction of an officer who has denied or restricted access to the area where a threat exists may be found guilty of interfering in emergencies.

(2)    Interfering in emergencies is a class C misdemeanor.

[Section 5.015(1) amended by Ordinance No. 1459, adopted 08-28-2000.]

5.020 Discharge of Weapons.

(1)    No person other than a peace officer shall fire or discharge a gun or other weapon, including spring or air actuated pellet guns, air guns, BB guns, or other weapons which propel a projectile by use of gunpowder or other explosive or jet or rocket propulsion.

(2)    No person may shoot a slingshot, bow and arrow or an instrument of any similar type or throw a dagger, spear, stiletto or an instrument of any other type.

(3)    The provisions of this section shall not be construed to prohibit the firing or discharging of a weapon by any person in defense or protection of his or her property, person or family or at firing ranges approved in writing by the Chief of Police.

5.025 Fireworks.

The following sections of the Oregon Fireworks Law are adopted by reference and made a part of Sections 5.000 to 5.110: ORS 480.110, 480.120, 480.130, 480.140(1), 480.150 and 480.170.

5.030 Violating Privacy of Another.

No person other than a peace officer performing a lawful duty shall enter upon land or into a building used in whole or in part as a dwelling not his or her own without permission of the owner or person entitled to possession thereof, and while so trespassing look through or attempt to look through a window, door or transom of the dwelling or that part of the building used as a dwelling with the intent to violate the privacy of any other person.

5.035 Children Confined in Vehicles.

(1)    No person who has under his or her control or guidance a child under eight years of age shall lock or confine, or leave the child unattended, or permit the child to be locked or confined, or left unattended in a vehicle for a period of time longer than 15 consecutive minutes.

(2)    It is lawful and the duty of a policeman or other peace officer finding a child confined in violation of the terms of this section, to enter the vehicle and remove the child, using such force as is reasonably necessary to effect an entrance to the vehicle where the child may be confined in order to remove the child.

5.040 Endangering Welfare of Minor.

(1)    No person shall:

(a)    Knowingly sell, or cause to be sold, tobacco in any form to a person under 18 years of age;

(b)    Employ a person under 18 years of age in or about a cardroom, poolroom, billiard parlor, or in any establishment at which any alcoholic liquor is sold for on-premises consumption.

(2)    No person shall solicit, aid, abet, or cause a person under 18 years of age to:

(a)    Violate a law of the United States, or a state, or to violate a City or county ordinance;

(b)    Run away or conceal himself or herself from a person or institution having lawful custody of the minor.

5.045 Places of Amusement.

(1)    No person under 18 years of age shall enter, visit, or loiter in or about a public cardroom, poolroom, or billiard parlor.

(2)    No person operating or assisting in the operation of a public cardroom, poolroom, or billiard parlor shall permit a person under 18 years of age to engage in a game of cards, pool, billiards, dice, or games of chance, for amusement or otherwise.

(3)    This section shall not apply to playing billiards in a recreational facility. As used in this section, “recreational facility” means an area, enclosure or room in which facilities are offered to the public to play billiards or pool for amusement only, and;

(a)    Is clean, adequately supervised, adequately lighted and ventilated.

(b)    No alcoholic liquor is sold or consumed.

(c)    Where access does not require passing through a room where alcoholic liquor is sold or consumed.

5.050 Providing Liquor to Person Under 21.

ORS 471.410(2) and (3) are adopted by this reference and made a part of Sections 5.000 to 5.110.

5.055 Purchase or Possession of Liquor by Person Under 21.

ORS 471.430 is adopted by this reference and made a part of Sections 5.000 to 5.110.

5.060 Providing Premises for the Consumption of Alcohol by Minors Prohibited.

No person who owns or is in control of a premises shall knowingly allow a minor to consume alcoholic liquor on the premises except as provided in Section 5.050. Violation of this section is punishable as a Class A misdemeanor.

5.065 Obstructing Governmental Administration.

(1)    No person shall intentionally obstruct, impair or hinder the administration of law or other governmental function by means of intimidation, force or physical interference or obstacle.

(2)    This section shall not apply to the obstruction of unlawful governmental action or interference with the making of an arrest.

5.070 Tampering with Public Records.

No person shall, without lawful authority, knowingly destroy, mutilate, conceal, remove, make a false entry in or falsely alter any public record.

5.075 False Reports.

(1)    No person shall knowingly initiate a false alarm or report which is transmitted to a fire department or law enforcement agency or other organization that deals with emergencies involving danger to life or property.

(2)    No person shall knowingly make or file with the Police Department or with the City Attorney or a police officer engaged in his or her official duties a false, misleading or unfounded statement or report concerning the violation or alleged violation of a City ordinance or the commission or alleged commission of a crime.

5.080 Police and Fire Communications.

No person shall operate any generator or electromagnetic wave or cause a disturbance of such magnitude as to interfere with the proper functioning of any City radio communication system.

[Section 5.080 amended by Ordinance No. 1459, adopted 08-28-2000.]

5.085 Failure to Appear on Citation.

No person shall willfully fail to appear before the Municipal Court pursuant to a citation issued and served under authority of ORS 133.045 to 133.080, 133.110 and 156.050, and a complaint is filed.

5.090 Failure to Appear in the Second Degree.

(1)    A person commits the crime of failure to appear in the second degree if, having by court order been released from custody upon a release agreement or security agreement or continued on release on his or her own recognizance upon the condition he or she will subsequently appear personally in connection with a charge against him or her of having committed a misdemeanor or violation, he or she intentionally fails to appear as required.

(2)    Violation of this section is a Class A misdemeanor.

5.095 Soliciting to Violate Code.

No person shall solicit, employ or engage another, or confederate with another to violate a provision of Sections 5.000 to 5.110.

5.100 Attempt to Commit Offense.

A person who attempts to commit any of the offenses mentioned in Sections 5.000 to 5.110 or any other ordinance of the City, but who for any reason is prevented from consummating such act, shall be deemed guilty of an offense.

5.105 Indecent Conduct.

(1)    It is unlawful for any person to masturbate, urinate, defecate or copulate in a public place or a premises open to the public, or in a place visible from a public place or premises open to the public.

(2)    Violation of this section shall be a Class A violation.

[Amended by Ordinance No. 1621, adopted 04-21-2014.]

5.110 Possession of Marijuana.

Any person who knowingly or intentionally is in unlawful possession of less than one avoirdupois ounce of the dried leaves, stems and flowers of the plant Cannabis family Moraceae is guilty of a violation, punishable by a fine of not less than $500.00 and not more than $1,000.

5.115 Overnight Camping on Public Property Prohibited.

(1)    Except as provided in subsection (2) of this section, no person shall establish a campsite to camp overnight or sleep overnight on any public property. Overnight camping on public property prohibited is a Class C misdemeanor.

(2)    Exceptions. Overnight camping is allowed when:

(a)    The City Manager authorizes overnight camping during a declared emergency; the City Manager may waive any permit requirements for camping in the emergency order.

(b)    The property involved complies with all applicable State laws, is appropriately zoned, and has all necessary approvals for the proposed use of overnight camping.

(c)    A parks permit or special event permit authorizes overnight camping in accordance with the limitations, terms and conditions of the permit.

Nothing in this subsection creates any duty on the part of the city or its agents to ensure the protection of persons or property with regard to permitted overnight camping or overnight sleeping.

(3)    Camping equipment used in violation of subsection (1) of this section may be seized as evidence of the violation and, after seizure, shall be held by the police until further order of the applicable court. In addition to any other penalties that may be imposed, any campsite used in violation of this section or other provisions of this code shall constitute a nuisance and may be removed pursuant to Section 5.120.

(4)    As used in this section the following definitions apply:

(a)    “Camping” or “to camp” means to set up or to remain in or at a campsite, for the purpose of establishing or maintaining a temporary place to live.

(b)    “Campsite” means any place where any bedding, sleeping bag, or other material used for bedding purposes, or any stove or fire is placed, established or maintained, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part of a vehicle.

(c)    “Overnight” means occurring anytime during hours of closure or between the hours of 12:00 a.m. and 6:00 a.m.

(d)    “Public property” means any real property, whether privately or publicly owned, that by its physical nature, function, custom, usage, notice, lack of notice, or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain is required, including but not limited to streets, sidewalks, parks, open spaces, and parking lots.

(5)    Nothing in this section prohibits prosecution for criminal trespass when a person enters or remains on public property or other premises open to the public during hours of closure or in violation of an exclusion notice or trespass order, including but not limited to those issued under Section 5.555.

[Added by Ordinance No. 1652, adopted 09-12-2016.]

5.120 Removal of Campsite.

(1)    Prior to removing a campsite, the City shall post a notice, 24 hours in advance. All posted notices shall be in English and Spanish. A City official shall not issue a citation for violation of Section 5.115 if the citation would be issued within 200 feet of the notice and within two hours before or after the notice required by this subsection was posted.

(2)    At the time that a 24-hour notice is posted, the City shall inform a local agency that delivers social services to homeless individuals where the notice has been posted.

(3)    The local agency may arrange for outreach workers to visit the campsite where a notice has been posted to assess the need for social service assistance in arranging shelter and other assistance.

(4)    All personal property shall be given to the Police Department whether 24-hour notice is required or not. The property shall be stored for a minimum of 30 days during which it will be reasonably available to any individual claiming ownership. Any personal property that remains unclaimed for 30 days may be disposed of consistent with State law and City procedures for disposition of found, lost, unclaimed or abandoned property, as applicable. For purposes of this subsection, “personal property” means any item that is reasonably recognizable as belonging to a person and that has apparent utility. Items that have no apparent value or utility or are in an unsanitary or putrescent condition may be immediately discarded. Weapons, drug paraphernalia and items that appear to be either stolen or evidence of a crime shall be given to the Police Department.

(5)    The 24-hour notice required under subsection (4) of this section shall not apply:

(a)    When there are grounds for law enforcement officials to believe that illegal activities other than camping are occurring;

(b)    In the event of an exceptional emergency such as possible site contamination by hazardous materials or when there is immediate danger to human life or safety;

(c)    The location of the campsite is public property designated for day use recreation; and

(d)    The campsite is on public property occupied by an individual pursuant to a permit issued by the City.

(6)    Following the removal of a campsite on public property, the law enforcement officials, local agency officials and outreach workers may meet to assess the notice and removal policy, to discuss whether the removals are occurring in a humane and just manner and to determine if any changes are needed to this policy.

[Added by Ordinance No. 1652, adopted 09-12-2016.]

CURFEW FOR MINORS

5.150 Hours of Curfew.

(1)    No minor under the age of 18 years shall be in or upon any street, park or other public place between the hours specified in this section, unless:

(a)    The minor is accompanied by a parent, guardian or other person 21 years of age or over and authorized by the parent or by law to have such care and custody of the minor.

(b)    The minor is engaged in a school activity or lawful employment that makes it necessary to be in or upon the street, park or other public place during the hours specified in this section.

(c)    The minor is emancipated under ORS 109.550 to 109.565.

(2)    For minors under the age of 14 years who have not begun high school, the curfew is between 9:15 p.m. and 6:00 a.m. of the following morning, except that on any day immediately preceding a day for which no public school is scheduled in the City, the curfew is between 10:15 and 6:00 a.m. of the following morning. For children 14 years of age or older who have begun high school, the curfew is between 10:15 p.m. and 6:00 a.m. of the following morning, except that on any day immediately preceding a day for which no public school is scheduled in the City, the curfew is between 12:00 midnight and 6:00 a.m. of the following morning.

5.155 Parental Responsibility.

No parent, guardian or person having the care and custody of a minor under the age of 18 years shall allow such minor to be in or upon any street, highway, park, alley or other public place, except between the hours specified in Section 5.150 and except as otherwise provided in that section. Violation of this section shall be deemed to be a Class A violation.

[Amended by Ordinance No. 1621, adopted 04-21-2014.]

5.160 Custody of Minors Violating Curfew.

Any minor who violates Section 5.150 shall be taken into custody as provided in ORS 419.569 and may be subjected to further proceedings as provided in ORS 419.472 through 419.597, 419.800 through 419.839 and 419.990(2).

PROHIBITED TOUCHING

5.200 Designated.

A person commits the offense of prohibited touching if:

(1)    He or she engages in or agrees to engage in sexual contact in return for a fee; or

(2)    He or she pays or offers or agrees to pay a fee to engage in sexual contact.

(3)    As used in subsections (1) and (2) of this section, “sexual contact” means any touching of the sexual or other intimate parts of a person not married to the actor or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.

5.205 Promoting Prohibited Touching.

A person commits the offense of promoting prohibited touching if, with intent to promote prohibited touching, he or she knowingly:

(1)    Owns, controls, manages, supervises or otherwise maintains a place or enterprise where prohibited touching takes place; or

(2)    Induces or causes a person to engage in prohibited touching or remain in a place where prohibited touching takes place; or

(3)    Receives or agrees to receive money or other property, other than compensation for personally rendered prohibited touching services, pursuant to an agreement or understanding that the money or other property is derived from a prohibited touching activity; or

(4)    Engages in any conduct that institutes, aids or facilitates an enterprise of prohibited touching.

5.210 Nudity in Massage.

(1)    As used in this section, the following words shall have the meanings given to them in this section:

(a)    Massage. Pressure on, friction against, stroking and kneading the body by manual or mechanical means, and gymnastics, with or without appliances such as vibrators, infrared heat, sunlamps and external baths for the purpose of maintaining good physical condition.

(b)    Massage business. The operation of an establishment where massage is given.

(c)    Nudity. Uncovered, or less than opaquely covered, post-pubertal human genitals, pubic areas, the post-pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernible turgid state. For the purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered.

(d)    Practice of massage. The performance of massage for compensation, either as the owner of or as an employee in a massage business.

(2)    A person commits the offense of nudity in massage if:

(a)    He or she appears in a state of nudity while engaged in the practice of massage; or

(b)    He or she, as a principal, agent, officer or employee of a massage business, appears in a state of nudity in any portion of a massage establishment where massage is given or where there is any patron of the establishment; or

(c)    He or she, as a principal, agent, officer or employee of a massage business, causes, permits, aids or abets any violation of this section by any agent or employee of the massage business.

5.215 Nuisances Declared.

Any places where prohibited touching, promoting prohibited touching or nudity in massage is conducted or carried on as described in Sections 5.200 to 5.210 is declared a nuisance and may be enjoined and abated as described in Section 5.220.

5.220 Nuisance – Suit in Equity.

Whenever a nuisance exists under Section 5.215, the City Attorney may maintain a suit in equity in the name of the City perpetually enjoining such nuisance and for its abatement. Such suit may be brought regardless of whether any individuals have been convicted under the provisions of Sections 1.205 to 1.255.

DOGS

5.250 Definitions.

As used in Sections 5.250 to 5.340, the following words and phrases shall have the meanings ascribed to them in this section:

Owner of property. Any person who has legal or equitable interest in said real property or who has a possessory interest therein, or who resides on the property, or is a guest of any person who owns, rents, or leases said property.

Running at large. Off or outside the premises belonging to the person having the control, custody or possession of the dog while the dog is not under the complete control of such person by means of an adequate leash, or is within a vehicle of such person.

Keeping a dog. Harboring, caring for, exercising control over, or knowingly permitting any dog to remain on the premises occupied by the person.

Dangerous dog. Any dog which bites any human being, dog, cat or livestock, or which chronically demonstrates menacing behavior toward human beings, dogs, cats or livestock. For purposes of this section, “menacing behavior” shall include, but not be limited to, baring of teeth, charging at a victim, growling in a threatening manner or approaching a victim within 10 feet while barking.

Permit. For purposes of Sections 5.250 to 5.340, conduct by the keeper of a dog which is intentional, deliberate, careless, inadvertent or negligent.

5.255 Enforcement.

It shall be the duty of the Chief of Police or any other designated police officer, or the Dog Control Officer of the City to enforce the provisions of Sections 5.250 to 5.340.

5.260 Violations.

It shall be a violation for a keeper of any dog to:

(1)    Permit any such dog to run at large, as defined in Section 5.250, upon any public street, highway or public place, or upon private property owned by a person or persons other than the keeper of the dog within the corporate limits of the City.

(2)    Permit a dog to chase a vehicle or person.

(3)    Permit a dog to scatter garbage.

(4)    Permit a dog to damage or destroy property of persons other than the keeper of the dog.

(5)    Permit any dog to make noise in violation of Section 5.487(4)(b).

(6)    Keep a dangerous dog. It shall be an affirmative defense that a dog bites, attacks, or menaces a trespasser on the property of its keeper or anyone wrongfully assaulting that dog or its keeper.

(7)    To leave a dog unattended for more than 24 consecutive hours without adequate food, water, shelter, care or supervision. Shelter shall include a structure or other means of protection from the weather and injury.

(8)    Physically mistreat any dog, either by deliberate abuse or neglect to furnish adequate care, including medical attention.

[Amended by Ordinance No. 1612, adopted 04-08-2013.]

5.265 Removal of Animal Wastes.

Any person in physical possession and control of a dog shall remove excrement or other solid waste deposited by the dog in any area not designed to receive such wastes, including but not limited to public areas such as streets, sidewalks, parking strips, public parks and any private property owned by a person or persons other than the person in physical possession and control of the dog within the corporate limits of the City.

5.270 Rabies Inoculation Required.

All dogs must be inoculated against rabies, unless specifically exempted by rule of the State of Oregon Health Division or State Department of Agriculture. Rabies certificates shall be current through November of the current year.

5.275 Licensing.

Every person keeping a dog which has a set of permanent canine teeth shall obtain from Clackamas County a license for the dog by paying to the county a license fee and furnishing a current certificate of rabies inoculation for the dog. The license fee shall be established periodically by Clackamas County. The keeper of the licensed dog shall attach the license tag issued for the dog to a collar, which collar shall be worn by the dog at all times when not in the immediate possession of the keeper of the dog. If the person fails to obtain the license, then the license fee shall be in an amount equivalent to the regular license fee, plus an additional amount equivalent to the penalty established by the county.

[Amended by Ordinance No. 1595, adopted 06-14-2010.]

5.280 Conditions for Reduction of License Fees Issued After July 1st of Each Calendar Year.

[Repealed by Ordinance No. 1595, adopted 06-14-2010.]

5.285 Impounding.

Any member of the Police Department or the Dog Control Officer of the City is authorized to impound any dog found running at large as defined in Section 5.250 or that is found to be unlicensed.

5.290 Seizing Certain Dogs.

A dog found biting a person or which has bitten any person may be summarily seized by any person and promptly delivered to any member of the Police Department or the Dog Control Officer for impounding. The West Linn Police Department or the Dog Control Officer may allow impoundment of the dog in the keeper’s home if the person is bitten on a part of the body below the neck.

5.295 Destroying Certain Dogs.

A dog which is rabid shall be destroyed. Any person may summarily kill a rabid dog.

5.300 Pound Regulations.

(1)    Whenever a dog is impounded under the authority of Sections 5.250 to 5.340 and the keeper of such dog is known, that person shall be given notice of the impounding by personal service or mailing the notice by regular mail, to the keeper’s last known address. The keeper of such dog shall have at least five days from the date of impoundment to claim the dog and pay the redemption fee hereinafter provided and if he or she fails to claim the dog within such time and pay the fees hereinafter provided, the dog shall be disposed of as hereunder provided.

(2)    When a dog is impounded under the authority of Sections 5.250 to 5.340, the keeper thereof is unknown, a notice shall be posted in three public places in or about the City. The notice shall contain a general description of the impounded dog, showing breed, sex, color, and markings and shall designate the date upon which the described dog shall be disposed of unless otherwise claimed and redeemed. Such date shall not be less than five days after impounding the dog; if no claim or redemption by the keeper of the described dog is made within the time fixed by the notice, such dog shall be disposed of as hereinafter provided.

(3)    Any dog impounded for having bitten a person shall not be released until after expiration of a 10-day period to allow an appropriate health check.

(4)    Any dog impounded under authority of Sections 5.250 to 5.340 may be released to the keeper thereof upon payment to the City Manager of the following charges:

(a)    A redemption fee of $20.00 for the first impound in a calendar year and $25.00 for all other impounds during the same calendar year;

(b)    The actual cost of boarding a dog; and

(c)    All applicable license fees and penalties if said dog is not licensed.

(5)    If an impounded dog is not claimed by its keeper within the time limits fixed above, it may be released to any person on payment to the City Manager of the fees and charges fixed in subsection (4) of this section and subject to the claim of the keeper of such dog upon reimbursement of the fees and charges so paid; provided, that the claim of such keeper is made within one month after the date of impounding. Upon releasing any dog to a person other than its keeper, the Police Department or Dog Control Officer shall obtain and keep a written receipt from such person acknowledging that such person holds the dog subject to the claim of the keeper upon reimbursement of the fees and charges paid.

(6)    If no claim or redemption by the keeper of the described dog is made within the time fixed by the applicable notice and if no person claims the impounded dog pursuant to subsection (5) of this section, such dog shall be sold, given away or humanely killed at the expiration of such time.

5.305 Record of Impound.

The Police Department or the Dog Control Officer shall make in triplicate a detailed record of each dog impounded showing the date and time impounded, description of the dog, name and address of the keeper, if known, and the name and address of the person to whom the dog is released, date of release, or date and method of other disposal. The original of such records shall be retained with the kennels, the duplicate copy shall be kept by the Police Department and the triplicate copy shall be filed with the City Manager.

5.310 Finders of Lost Dogs.

A person who finds a dog within the City limits may surrender the animal to the City or retain its possession subject to surrender upon demand of the City or the keeper of the dog. Records of reported findings shall be retained by the City and made available for public inspection.

5.315 Interference with Officers.

It is unlawful for any person to interfere in any way with any police officer or the Dog Control Officer of the City engaged in seizing or impounding any dog under authority of Sections 5.250 to 5.340.

5.320 Injured or Sick Dogs.

(1)    The member of the Police Department or the Dog Control Officer of the City who impounds any dog which is in need of medical attention, may, at their discretion, authorize the necessary medical attention, or have the dog humanely killed.

(2)    The member of the Police Department, or the Dog Control Officer of the City, shall make a diligent effort to locate the keeper of a dog in need of medical attention before authorizing such medical attention or disposal of said dog.

(3)    Should the member of the Police Department or the Dog Control Officer of the City authorize the necessary medical attention, the keeper of the dog shall be liable for the costs of the medical treatment rendered to the animal.

5.325 Duties of a Driver of Motor Vehicle.

(1)    Any person operating a motor vehicle upon premises open to the public who runs over, strikes, injures, maims or kills any dog shall:

(a)    Immediately stop;

(b)    Make a reasonable effort to determine the nature of the injuries;

(c)    Render reasonable aid to the dog, if injured;

(d)    Make due and diligent inquiry to determine and notify the keeper of the dog;

(e)    Notify the City of the injury or death, if unable to contact the keeper.

(2)    The requirements of this section for a driver to stop and attend to an injured dog depend upon the specific traffic hazards existing at the time of the accident.

5.330 Poisonous Food.

No person shall knowingly place food of any description containing poisonous or other injurious ingredients in any area reasonably likely to be accessible to animals other than rodents.

5.335 Kennels Prohibited.

It is unlawful for dog kennels to exist or operate in any area of the City other than areas which are zoned for such a use. For purposes of this section, any property where more than four dogs are kept, whether such animals are kept as personal property of the property owner or as a business venture, is deemed to be a kennel. A person may have more than four dogs and not be deemed a kennel, if one of the dogs is a female with a litter under the age of six months.

5.340 Penalties.

(1)    Any person convicted of a violation of Section 5.315 or 5.330 shall be subject to imprisonment for not more than six months or a fine not to exceed $1,000 or both.

(2)    Any person convicted of a violation of Section 5.325 shall be subject to a fine not to exceed $250.00.

(3)    Any person convicted of a violation of Section 5.260(1) through (6) shall be subject to a fine not to exceed $500.00; and the court, in its discretion, may also order the removal of the dog from the City of West Linn, restitution for damages or any other remedy within the power of the court. Further, for violation of Section 5.260(6), the court may order destruction of the dog involved. Destruction of a dog may be ordered if:

(a)    A dog, whether or not confined, causes the serious injury or death of any person; or

(b)    A dog, while at large, kills any domestic animal; or

(c)    A dog engages in or is found to have been trained to engage in exhibitions of fighting; or

(d)    A dog repeats behavior such as aggressively biting or causing physical injury to any person or domestic animal.

(4)    Except as where otherwise provided, any person convicted of a violation of any provisions of Sections 5.250 to 5.335 shall be subject to a fine not to exceed $500.00. Each day’s violation of a provision of Sections 5.250 to 5.335 constitutes a separate offense.

NUISANCES

5.400 Definitions.

For purposes of Sections 5.400 to 5.527, except where the context indicates otherwise, the following terms shall have the meanings given to them in this section:

Offensive. A condition that impacts the appearance of an area and offends the surrounding neighbors, or is a fire or health hazard. This definition applies to the word “offends.”

Person in charge of property. An agent, occupant, lessee, contract purchaser, or person, other than the owner, having possession or control of the property.

Poultry or livestock. Alpacas, burros, cattle, emu, fowl, horses, hogs, goats, jennies, jackasses, llamas, mules, ostriches, sheep, and any other farm animal, excluding dogs, cats, and domestic chickens.

Public place. A building, place, or accommodation, whether publicly or privately owned, open and available to the general public.

Surrounding neighbors. Any two people of separate residences of property adjacent to, contiguous with or directly across the street from the offending property or condition.

[Amended by Ordinance No. 1624, adopted 06-02-2014.]

5.405 Animals – Communicable Disease.

No person may permit an animal or bird owned or controlled by him or her to be at large within the City if the animal or bird is afflicted with a communicable disease.

5.410 Dangerous Animals.

No person may permit his or her wild or domesticated dangerous animal to run at large.

5.415 Livestock and Poultry.

(1)    Unless specifically permitted by the WLMC or CDC under prescribed conditions, no person shall keep or maintain livestock or poultry within the City. No person may maintain a slaughterhouse or tannery, or permit livestock or poultry owned by him or her to run at large within the City.

(2)    Livestock, poultry and other animals and fowl running at large in the City shall be taken up and impounded by a police officer and disposed of in accordance with the procedure provided by ordinance for the disposition of abandoned vehicles.

[Amended by Ordinance No. 1624, adopted 06-02-2014.]

5.416 Domestic Chickens.

(1)    Purpose. The following regulations will govern the keeping of domestic chickens and are designed to prevent nuisance conditions that are unsanitary or unsafe.

(2)    Domestic chickens are allowed subject to the following restrictions:

(a)    No more than five domestic chickens are allowed for each single-family residence.

(b)    No roosters shall be allowed.

(c)    Domestic chickens shall be kept in a secure enclosure at night.

(d)    Enclosures shall be covered, predator-resistant, well-ventilated, and provide a minimum of two square feet per domesticated chicken.

(e)    Enclosures must be located at least 20 feet from all neighboring residences.

(f)    Enclosures must be kept in a clean, dry, and sanitary condition at all times, and must be cleaned on a regular basis to prevent offensive odors.

[Added by Ordinance No. 1624, adopted 06-02-2014.]

5.420 Removal of Carcasses.

No person may permit any fowl or animal carcass owned by him or her or under his or her control to remain upon the public streets or places, or to be exposed on private property, for a period of time longer than is reasonably necessary to remove or dispose of such carcass.

5.425 Nuisances Affecting Public Health.

No owner or person in charge of property may permit or cause a nuisance affecting public health. The following are nuisances affecting public health, and may be abated as provided in Sections 5.400 to 5.527:

(1)    Privies. An open vault or privy constructed and maintained within the City, except those constructed or maintained in connection with construction projects in accordance with the Department of Environmental Quality regulations;

(2)    Debris on Private Property. Accumulations of debris, rubbish, manure and other refuse located on private property that are not removed within a reasonable time and that affect the health, safety or welfare of the City;

(3)    Stagnant Water. Stagnant water which affords a breeding place for mosquitoes and other insect pests;

(4)    Water Pollution. Pollution of a body of water, well, spring, stream or drainage ditch by sewage, industrial wastes, or other substances placed in or near such water in a manner that will cause harmful material to pollute the water;

(5)    Food. Decayed or unwholesome food which is offered for human consumption;

(6)    Odor. Premises which are in such a state or condition as to cause an offensive odor or which are in an unsanitary condition;

(7)    Surface Drainage. Drainage of liquid wastes from private premises;

(8)    Attractive Nuisances. No owner or person in charge of property may permit any condition (such as pits) or accumulation of items (such as vehicles, equipment, lumber) which is likely to be inviting or alluring to children and which could cause injury to them. This section shall not apply to authorized construction if reasonable safeguards are maintained.

5.426 Light Trespass.

(1)    All outdoor lights that trespass onto lots with a dwelling shall be turned off between the hours of 9:00 p.m. and 7:00 a.m. For purposes of this section, “trespass” means light that falls beyond the property line of the property it is intended to illuminate. Trespass shall be confirmed if a light fixture is visible when evaluated from a point six feet above ground elevation at an adjacent property line. “Light fixture” means the socket or similar component that holds the bulb or lamp in place, the bulb itself, and any covering around the bulb or lamp that allows light to pass through. This restriction shall not apply to:

(a)    Lights mounted on a structure at its main entry, rear entry, or beside garage doors;

(b)    Any motion-activated lighting used for safety or security purposes that does not remain on for more than 15 minutes;

(c)    Any lighting regulated or permitted pursuant to the Community Development Code; and

(d)    Temporary holiday lighting.

(2)    Light trespass is a Class A violation.

[Added by Ordinance No. 1612, adopted 04-08-2013.]

5.430 Abandoned Iceboxes.

No person may leave in a place accessible to children an abandoned, unattended or discarded icebox, refrigerator or similar container which has an airtight door with a snap lock, lock, or other mechanism which may not be released for opening from the inside, without first removing such lock or door from such icebox, refrigerator or similar container.

5.435 Scattering Rubbish.

No person may throw, dump or deposit upon public or private property an injurious or offensive substance or any kind of rubbish, trash, debris, refuse, or any substance that would mar the appearance, create a stench, detract from the cleanliness or safety of such property, or would be likely to injure an animal, vehicle or person traveling upon a public way.

5.440 Junk.

(1)    “Junk,” as used in this section, means and shall include used motors and motor parts, abandoned or unusable motor vehicles including trucks, tractors, trailers, parts removed from vehicles, household appliances, scrap iron, tin, plastic, glass and paper.

(2)    It is determined and declared that the keeping of any junk out of doors on any street, lot or premises within the City, or in a building that is not wholly or entirely enclosed except doors for use for ingress and egress, is a nuisance and is unlawful.

(3)    It is unlawful for any owner or person in charge of property to keep or allow to be kept any junk out of doors on any street, or on any lot or premises within the City, or in a building that is not wholly or entirely enclosed except doors used for ingress and egress.

(4)    The provisions of this section shall not apply to junk kept in a duly licensed junkyard or automobile wrecking house.

5.445 Maintaining Inoperable Vehicles on Private Property Prohibited.

(1)    It is unlawful for any person to maintain any inoperable vehicle on private property for a period of time in excess of one month.

(2)    For the purposes of this section, “inoperable vehicle” means any vehicle which has no current state vehicle license and which cannot be moved without being either repaired or dismantled or which is no longer safely usable for the purposes for which it was manufactured. This definition shall not include any vehicle kept in a building when not in use or any vehicles kept on the premises of a business lawfully engaged in wrecking, junking or repairing vehicles.

(3)    Any owner of an inoperable vehicle or any person maintaining such a vehicle on premises under his or her control for a period of time in excess of one month shall be liable to abatement proceedings by the City as maintaining a public nuisance.

5.450 Logs, Firewood and Building Materials.

(1)    Logs may be stored on the property for a period not to exceed 60 days if said storage pile is not otherwise a public nuisance pursuant to Section 5.425.

(2)    Firewood. Firewood may be stored outdoors on any property so long as it is neatly stacked and is not a public nuisance pursuant to Section 5.425, nor offensive to the surrounding neighbors.

(3)    Building Material. Building material, including lumber, pipe, roofing material or other material required for an in progress construction project, may be stored in a manner not offensive to surrounding neighbors for a period of time not to exceed 90 days from the start of the project. Permits may be issued for longer periods if the size of the project requires it, there is a valid building permit for the project, and the project is under active construction.

5.455 Garbage.

All garbage shall be contained in a closed container stored in a manner not offensive to surrounding neighbors. Other trash and debris shall be removed within 10 days from the date of deposit, except that leaves and trimmings may be stored in a manner not offensive to surrounding neighbors.

5.460 Blocking Public Right-of-Way Prohibited.

None of the items mentioned in Sections 5.400 to 5.527 shall be placed in the public right-of-way without a permit from the City.

5.465 Trees.

(1)    No owner or person in charge of property that abuts any street or sidewalk may permit trees or bushes on his/her property to interfere with street or sidewalk traffic. It shall be the duty of an owner or person in charge of property that abuts a street or sidewalk to keep all trees and bushes on his/her premises and on the adjoining parking strip trimmed to a height of not less than seven and one-half feet above the sidewalk level, and over the street area at an elevation of not less than 11 feet above the street level. However, on any street designated as an arterial or one-way street, and where parking has been prohibited, limbs of trees shall be pruned to a height of not less than 14 feet above the street level.

(2)    No owner or person in charge of property may allow to stand any dead or decaying tree that is a hazard to the public or to persons or property on or near the property.

5.470 Noxious Vegetation.

No owner or person in charge of property shall permit noxious vegetation upon public or private property.

(1)    The term “noxious vegetation” does not include vegetation that constitutes an agricultural crop, unless that vegetation is a fire hazard, a health hazard or a traffic hazard and it is vegetation within the meaning of subsection (2) of this section. The term “noxious vegetation” does not include vegetation that is part of the natural topographic condition of City or state parks and greenway areas.

(2)    The term “noxious vegetation” includes:

(a)    Weeds more than 10 inches high;

(b)    Grass more than 10 inches high and not within the exceptions stated in subsection (1) of this section;

(c)    Poison oak, poison ivy or similar vegetation:

(d)    Dead trees, dead bushes, stumps and any other thing likely to cause a fire;

(e)    Vegetation that is a fire hazard;

(f)    Blackberry bushes that extend into a public thoroughfare or across a property line;

(g)    Vegetation that is a health hazard;

(h)    Vegetation that is a health hazard because it impairs the view of a public thoroughfare or otherwise makes use of the thoroughfare hazardous;

(i)    Trees, bushes, weeds, grass or debris on property, or on the adjoining street or public right-of-way, which interfere with street or sidewalk traffic. This includes:

(i)    Trees and bushes on the property and on the adjoining right-of-way which are not trimmed to a height of not less than seven and one-half feet above the sidewalk level, over the street area at an elevation of not less than 11 feet above the street level and to a height of not less than 14 feet above the street level on any street designated as an arterial or one-way street, and where parking has been prohibited.

(ii)    Hedges, shrubs, etc., which are not trimmed to allow a minimum of three feet of horizontal clearance between the edge of pavement and the hedges, shrubs, or other vegetation.

5.475 Drainage.

(1)    No owner or person in charge of any building or structure may suffer or permit rainwater, ice or snow to fall from such building or structure onto a street or public sidewalk, or to flow across such sidewalk.

(2)    The owner or person in charge of property shall install and maintain in a proper state of repair adequate drainpipes or a drainage system so that any overflow water accumulating on the roof or about such building is not carried across or upon the sidewalk.

5.477 Erosion

(1)    No owner or person in charge of any project, building, structure, or parcel of land may intentionally or inadvertently allow any visible or measurable erosion which has entered, or is likely to enter, a public storm drainage facility or any surface water body as determined by the following criteria:

(a)    Deposition of soil, sand, dirt, dust, mud, rock, gravel, refuse, or any other organic or inorganic material exceeding one cubic foot in volume in a public right-of-way or public property, or into the City surface water drainage system either by direct deposit, dropping, discharge, or as a result of erosion; or

(b)    Flow of water over bare soils, turbid, or sediment laden flows, or bare soil slopes, where the flow of water is not filtered or captured on the property owner’s parcel of land; or

(c)    Earth slides, mud flows, land slumping, slope failure, or other earth movement that leaves, or is likely to leave, the property of origin.

(2)    Owners and persons in charge of any project, building, structure, or parcel of land shall be solely responsible for the cleanup of sidewalks, roadways, natural drainage ways, and adjacent properties of any debris, soil, dirt and foreign materials originating or derived from their building, structure or parcel of land.

[Section 5.477 added by Ordinance No. 1382, adopted October 23, 1995; amended by Ordinance No. 1453, adopted June 12, 2000.]

5.480 Radio and Television Interference.

(1)    No person may operate or use an electrical, mechanical or other device, apparatus, instrument or machine that causes reasonably preventable interference with radio or television reception; provided, that the radio or television receiver interfered with is of good engineering design.

(2)    This section does not apply to electrical and radio devices licensed, approved and operated under the rules and regulations of the Federal Communications Commission.

5.485 Unnecessary Noise.

[Section 5.485 repealed by Ordinance No. 1496, amending the West Linn Municipal Code by adding new Section 5.487 entitled Sound Levels and Noise, adopted on August 20, 2003.]

5.487 Sound Levels and Noise.

(1)    Purpose. The City Council of the City of West Linn finds that low and moderate ambient noise levels are a significant City amenity. They find further that the level of noise that exists in a community directly affects the livability of the community and the health, comfort and welfare of its residents. It is, therefore, the express intent and purpose of this section to establish noise level standards that protect and improve the quality of life of West Linn’s residents at work, rest and play and that can be objectively measured and enforced.

(2)    General Prohibition. No person shall make, continue, assist in making, or allow:

(a)    Any unreasonably loud, disturbing, or raucous noise;

(b)    Any noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, safety, or peace of reasonable persons of ordinary sensitivity, within the jurisdictional limits of the City; or

(c)    Any noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to any persons, or as to unreasonably interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to detrimentally or adversely affect such residences or places of business.

(3)    The standard for judging loud, disturbing and unnecessary noises shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration:

(a)    The proximity of the sound to sleeping facilities, whether residential or commercial;

(b)    The land use, nature, and zoning of the area from which the sound emanates and the area where it is received or perceived;

(c)    The time of day or night the sound occurs;

(d)    The duration of the sound; and

(e)    Whether the sound is recurrent, intermittent, or constant.

(4)    Prohibited Noises. The following acts are declared to be per se violations of this chapter. This enumeration does not constitute an exclusive list. It shall be unlawful for any person to commit, create, assist in creating, permit, continue, or permit the continuance of any of the following:

(a)    Radios, Televisions, Stereos, Musical Instruments and Similar Devices. The use or operation of any device designed for sound production or reproduction, including, but not limited to, any radio, musical instrument, television set, stereophonic equipment, or similar device that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and unreasonably disturbs the peace, quiet, and comfort of neighbors in residential areas, including multi-family or single-family dwellings.

(b)    Animals or Birds. Frequent or continuing noise for a period of 15 minutes in any hour emitted by an animal or bird for which a person is responsible, except for animals provoked by a person trespassing, threatening to trespass, or unambiguously taunting the animal. A person is responsible for an animal if the person owns, controls, or otherwise cares for the animal or bird.

(c)    Mechanical Devices. The use of any mechanical device, fixed or mobile, operated by compressed air, steam, gasoline, electricity or otherwise, including the use of domestic power tools for lawn care, landscaping, and gardening, as well as hobby, craft, and household maintenance, between the hours of 9:00 p.m. and 7:00 a.m.

(d)    Construction or Repair of Building, Excavation of Streets and Highways. The erection, excavation, demolition, alteration or repair of any building, structure, street, or highway, between the following hours:

(i)    7:00 p.m. and 7:00 a.m. Monday through Friday;

(ii)    5:00 p.m. and 9:00 a.m. on Saturday, Sunday and Federal holidays. In nonemergency situations, the City Manager may issue a construction noise permit, upon application, if the City Manager determines that the public health and safety will not be impaired by the loud and raucous noise, and if the City Administrator further determines that loss or inconvenience would otherwise result. The permit shall grant permission in nonemergency cases for a period of not more than seven days. The permit may be renewed once for a period of seven days or less.

(e)    Yelling, Shouting, and Similar Activities. Yelling, shouting, hooting, whistling, singing, or creation of noise in residential areas or in public places, between the hours of 9:00 p.m. and 7:00 a.m., or at any time or place so as to unreasonably disturb the quiet, comfort, or repose of reasonable persons of ordinary sensitivities, unless a special permit is granted by the City Manager. This section is to be applied only to those situations where the disturbance is not a result of the content of the communication but due to the volume, duration, location, timing or other factors not based on content.

(f)    Loudspeakers, Amplifiers, Public Address Systems, and Similar Devices. The unreasonably loud and raucous use or operation of a loudspeaker, amplifier, public address system, or other device for producing or reproducing sound is prohibited without a permit from the City Manager. The City Manager may grant a special permit to responsible persons or organizations for the broadcast or amplification of sound as a part of a national, State, or City event, public festival, or special events of a noncommercial nature. This permit shall not be required for any public performance, gathering, or parade for which a permit authorizing the event has been obtained from the City.

(g)    Emergency Signaling Devices. Owning, installing or causing to be installed any fire or anti-theft alarm system that produces an audible alarm on any building or any motor vehicle, unless such alarm terminates after 15 minutes of activation when there is no emergency. Existing systems shall be altered to conform to this section if the City or any of its officers receives a written complaint from a person disturbed by a nonconforming alarm. Nonconforming alarm owners shall have 60 calendar days to bring such alarm into compliance after receipt of written notification of its noncompliance.

(h)    The use of any compression or dynamic braking device, commonly referred to as “jake brakes,” for reasons other than to avoid imminent danger to persons or property, with the exception of vehicles traveling in transit through the City on I-205.

(i)    Vehicle Horns, Signaling Devices, and Similar Devices. The sounding of any horn, siren, gong, or signal device on any automobile, motorcycle, or other vehicles on any street, except as a necessary warning of danger to property or person.

(j)    The following forms of unnecessary vehicle noise:

(i)    Causing the squealing of tires by excessive acceleration or speed except to avoid imminent danger to person or property.

(ii)    Revving of an engine excessively or in a way unnecessary to the operation of the vehicle.

(k)    Loading or Unloading Merchandise, Materials, and Equipment. Unreasonably loud and excessive noise produced by the loading or unloading of any vehicle at a place of business or residence.

(5)    Exemptions. Sounds caused by the following are exempt from this section:

(a)    Sounds used for the purpose of alerting persons to the existence of an emergency or produced by the performance of emergency work, vehicles or equipment, including police, fire and ambulance.

(b)    Sounds of regular vehicular traffic upon premises open to the public.

(c)    Operations of the Oregon Department of Transportation (ODOT) in constructing or maintaining any State highway, or operations required by ODOT to take place outside of the hours allowed in subsection (4)(d) of this section.

(d)    Operations required to take place outside of the hours allowed in subsection (4)(d) of this section by any Federal or State agency for the construction, excavation or maintenance of any structure or roadway, whether public or private.

(e)    Repairs of utility structures which pose a clear and immediate danger to life, health, or significant loss of property.

(f)    Noise from temporary construction activities that take place between hours allowed in subsection (4)(d) of this section, or those construction activities that are allowed due to a construction noise permit from the City Manager.

(g)    Outdoor School and Playground Activities. Reasonable activities conducted on public playgrounds and public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including, but not limited to, school athletic and school entertainment events.

(h)    Other Outdoor Events. Athletic events, outdoor gatherings, public dances, shows and sporting events, and other similar outdoor events; provided, that any required permits have been obtained from the appropriate permitting authority.

(i)    Holiday related activities, such as fireworks, on Independence Day and New Year’s Eve.

(6)    Penalties. A violation of this section is a Class A violation and a public nuisance.

(7)    Special Permits.

(a)    The City Manager may grant a special permit to any person or organization if findings are made that immediate compliance with any requirement of this section cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source or because of the unavailability of feasible technology or control methods.

(b)    Any such special permit shall be granted only for the minimum time period found to be necessary under the facts and circumstances.

(c)    The City Manager may attach conditions of approval to a special permit to mitigate noise impacts to surrounding properties.

(d)    The decision of the City Manager may be appealed to the Hearings Officer pursuant to the administrative appeals process in Section 1.400 et seq.

[New Section 5.487 added by Ordinance No. 1496, adopted 08-20-2003; amended by Ordinance No. 1581, adopted 11-24-2008; amended by Ordinance No. 1588, adopted 08-10-2009; amended by Ordinance No. 1612, adopted 04-08-2013; amended by Ordinance No. 1621, adopted 04-21-14.]

5.490 Notices and Advertisements.

(1)    No person may affix or cause any placard, bill, advertisement or poster to be affixed upon real or personal property, including motor vehicles, or public or private property, without first securing permission from the owner or person in control of the property. This section shall not be construed as an amendment to or a repeal of any regulation now or hereafter adopted by the City regulating the use of and the location of signs and advertising.

(2)    No person, either as principal or agent, may scatter, or cause any placards, advertisements or other similar material to be scattered on public property.

5.495 Violations – Public Nuisance Declaration – Abatement.

(1)    The acts, conditions or objects specifically enumerated and defined in Sections 5.405 to 5.490 are declared to be Class A violations and public nuisances, and such acts, conditions or objects as a public nuisance may be abated by any of the procedures set forth in Sections 5.400 to 5.527.

(2)    All violations of Sections 8.000 to 8.175 and 8.300 to 8.315 are declared to be public nuisances and may be abated as set forth in Sections 5.400 to 5.527. All violations of the Community Development Code and all violations of any order or condition of approval issued pursuant to the Community Development Code are declared to be public nuisances and may be abated as provided in Sections 5.400 to 5.527. All violations of Section 3.300 are declared to be public nuisances and may be abated as provided in Section 5.400 to 5.527. All unresolved violations of the provisions specified in this section are deemed to be current and ongoing nuisances. A violation that involves a physical change to property is considered resolved only when the property is restored to its previous condition.

(3)    In addition to the nuisances listed in subsections (1) and (2) of this section, all activities or man-made conditions on a property that have an unreasonable adverse effect on other properties may be declared a nuisance by the Council and abated as provided in Sections 5.400 to 5.527. A declaration of a nuisance under this subsection shall be supported by findings relating to the nature of the nuisance, the effect on other properties, whether permits were necessary and were obtained, and the effect on the natural environment.

(4)    In addition to those nuisances specifically enumerated within Sections 5.400 to 5.527, every other thing, substance or act which is determined by the Council to be injurious or detrimental to the public health, safety or welfare of the City is declared to be a nuisance and may be abated as provided in Sections 5.400 to 5.527.

[Section 5.495, Subsection (2), amended by Ordinance No. 1449 adopted 05-22-2000; Subsection (2) amended and new subsections (3) and (4) added by Ordinance No. 1485, adopted 04-17-2002; amended by Ordinance No. 1621, adopted 04-21-14.]

5.500 Notice – Posting and Mailing – Contents.

(1)    Upon determination by the City Manager that a nuisance exists as defined in Sections 5.400 to 5.527, a notice shall be posted on the premises where the nuisance exists, declaring and describing the nuisance, providing information regarding protest rights, and informing whether an opportunity to abate will be provided. The persons responsible for the nuisance include the owners of the property, any person in charge of the property, and any person who created the nuisance whether or not the person had the approval of the owner or person in charge of the property. A person who purchases real property from a person responsible for the nuisance shall also be considered a person responsible for the nuisance if:

(a)    The nuisance was in whole or in part on the property;

(b)    The nuisance was created to benefit the property being purchased; or

(c)    The new owner purchased with actual or implied knowledge that the seller was responsible for the nuisance.

(2)    At the time of posting, the City Manager shall cause a copy of the notice to be forwarded by registered or certified mail, postage prepaid, to the owner, the person in charge of the property, any person with an ownership or security interest in the property, and any other person responsible for the nuisance at the last known address of the owner or other person. The City Manager may cause a copy of the notice to be recorded with the county recorder in the property records of any real property owned by all persons responsible for the nuisance. Any person purchasing property for which a notice has been recorded shall be deemed to have knowledge that the seller was responsible for the nuisance. In determining in which property records, if any, the notice should be filed, the City Manager shall consider the City’s needs to adequately secure any lien that may be filed if the City abates the nuisance.

(3)    The notice declaring the nuisance shall contain:

(a)    A description of the real property by street address or otherwise, on which such nuisance exists;

(b)    A description of the nuisance;

(c)    A statement that the owner, other person in charge of the property or other person responsible for the nuisance may protest the abatement by giving notice to the City Manager within 10 days from the date of the notice;

(d)    A direction to the persons responsible for the nuisance to abate the nuisance within 10 days from the date of the notice; and

(e)    A statement that unless such nuisance is removed to the satisfaction of the City, the City may abate the nuisance and the cost of abatement shall be a lien against the property and against property of any person responsible for the nuisance;

(4)    In the event that the City Manager determines that the person responsible for the nuisance should not be given the opportunity to abate the nuisance; the notice shall not include the statements required by subsections (3)(d) and (e) of this section and shall instead include a statement that the City Manager has determined that the person responsible for the nuisance should not be given the opportunity to abate the nuisance and a statement that unless a protest is filed within 10 days from the date of the notice, the City shall abate the nuisance and the cost of abatement shall be a lien against the property and against property of any person responsible for the nuisance.

(5)    The notice may also contain conditions relating to the abatement, including conditions that the work be performed by qualified persons, conditions disqualifying certain individuals from performing the work, conditions that necessary permits be obtained, or other conditions intended to ensure that the nuisance will be properly abated.

(6)    Upon completion of the posting and mailing, the person posting and mailing the notice shall execute and file a certificate stating the date and place of such mailing and posting.

(7)    An error in the name or address of any person entitled to notice shall not make the notice void and in such a case the posted notice shall be sufficient.

(8)    The City Manager may determine that the person responsible for the nuisance should not be given the opportunity to abate only if the City Manager finds that the person responsible for the nuisance is unlikely

to properly abate the nuisance. The determination that a person is unlikely to properly abate the nuisance shall be based on findings as to one of the following:

(a)    Whether the person acted intentionally and whether the nuisance is egregious; or

(b)    Whether the person had knowledge that the action was a violation of state law, or city code; or

(c)    Whether the person has the professional expertise to perform the abatement.

[Section 5.500 amended by Ordinance No. 1485, adopted 0417-2002.]

5.505 Abatement – By Owner or Other Person Responsible for the Nuisance.

(1)    Unless the City Manager has determined that the person responsible for the nuisance should not be given the opportunity to abate the nuisance, within 10 days after the posting and mailing of the notice as provided in Section 5.500, the owner, person in charge of the property or other person responsible for the nuisance shall remove the nuisance in accordance with the notice or show that no nuisance exists. Any person removing the nuisance shall notify the City Manager before removing the notice and shall allow the City to inspect during and on completion of the removal. The notification shall state how the nuisance will be removed, when it will be removed, and who will be performing the removal.

(2)    A person protesting that no nuisance exists shall file with the city manager a written statement specifying the basis for the protest within 10 days of the posting of the notice.

(3)    The statement shall be referred to the Council as a part of the Council’s regular agenda at the Council’s next regularly scheduled meeting. If the protest is received less than four days before the next regularly scheduled meeting, the City Manager may schedule the protest to be heard at a subsequent council meeting. At the time set for consideration of the protest, the person protesting the notice of nuisance may appear and be heard by the Council, and the Council shall thereupon determine whether or not a nuisance in fact exists and whether a person other than the property owner is responsible for the nuisance. Such determination shall be entered in the official minutes of the Council. The Council may impose conditions relating to the abatement, including conditions that the work be performed by qualified persons, conditions disqualifying certain individuals from performing the work, conditions that necessary permits be obtained, or other conditions intended to ensure that the nuisance will be properly abated.

(4)    Council determination shall be required only in those cases where a written statement of protest has been filed.

(5)    If the Council determines that a nuisance does in fact exist, the person responsible for the nuisance shall, within 10 days after such Council determination, abate such nuisance, unless the Council determines that the person responsible for the nuisance should not be given the opportunity to abate or unless the Council decision allows a period of time greater than 10 days. The Council may determine that the person responsible for the nuisance should not be given the opportunity to abate only if the Council finds that the person responsible for the nuisance is unlikely to properly abate the nuisance. The determination that a person is unlikely to properly abate the nuisance shall be based on findings as to one of the following:

(a)    Whether the person acted intentionally and whether the nuisance is egregious; or

(b)    Whether the person had knowledge that the action was a violation of State law or City code; or

(c)    Whether the person has the professional expertise to perform the abatement.

(6)    If no protest is filed with the City Manager within the time allowed, a nuisance shall be deemed to exist and the City may proceed to abate said nuisance and collect the costs incurred by the City in abating the nuisance by the methods set forth in Sections 5.510 to 5.525.

[Section 5.505 amended by Ordinance No. 1485, adopted April 17, 2002.]

5.510 Abatement – By City.

(1)    If the nuisance has not been abated within the time allowed or if it is determined that the persons responsible for the nuisance should not be afforded the opportunity to abate, the City may cause the nuisance to be abated.

(2)    The City officer charged with abatement of such nuisance shall have the right at reasonable times to enter into or upon property to investigate or cause the removal of a nuisance. However, before entering upon private property, the City officer shall obtain the consent of an occupant or a warrant of the Municipal Court authorizing entry for the purpose of inspection or removal, except when an emergency exists.

(3)    No warrant shall be issued under Sections 5.400 to 5.527 until an affidavit has been filed with the Municipal Court, showing probable cause for entry into or upon private property, by stating the purpose and extent of the proposed entry, citing Sections 5.400 to 5.527 as the basis for the entry into or upon private property, and setting forth relevant facts to support the issuance of the warrant to enter, inspect and abate.

(4)    No person shall interfere with or attempt to prevent a City officer from entering upon private premises and inspecting or removing any nuisance when an emergency exists or the City officer exhibits a warrant authorizing entry.

(5)    The City Manager shall keep an accurate record of the expense incurred by the city in declaring and abating the nuisance and shall include therein any charges for administrative overhead.

[Section 5.510 amended by Ordinance No. 1485, adopted 04-17-2002.]

5.515 Abatement – Assessment of Costs.

(1)    The City Manager, by registered or certified mail, postage prepaid, shall forward to all persons responsible for the nuisance, a notice stating:

(a)    The total cost of declaring and abating the nuisance, including administrative overhead;

(b)    That the cost as indicated will be assessed to and become a lien against property of persons responsible for the nuisance unless paid within 30 days from the date of the notice;

(c)    That any person responsible for the costs may file a notice of objection to the costs with the City Manager not more than 10 days from the date of the notice.

(2)    Upon the expiration of 10 days after the date of the notice, the Council in the regular course of business shall hear and determine the costs to be assessed. If no objections are received, the Council shall adopt the City Manager’s statement of costs.

(3)    If the costs are not paid within 30 days from the date of the notice, an assessment of the costs as stated or as determined by the Council shall be made by resolution and shall thereupon be entered in the docket of City liens and, upon such entry being made, shall constitute a lien upon property of all persons responsible for the nuisance. The City Council may, as part of its determination of the costs, order that the costs shall not become a lien on certain property if it finds that the property and the property owner should not be responsible for payment of the abatement costs.

(4)    The lien shall be enforced in the same manner as liens for street improvements are enforced and shall bear interest at the rate of nine percent per year. Such interest shall commence to run from date of the entry of the lien in the lien docket.

(5)    An error in the name of any person to whom notice is sent shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against property of the person responsible for the nuisance.

[Section 5.515 amended by Ordinance No. 1485, adopted 04-17-2002.]

5.520 Liability.

The City shall not be liable to any person for any loss or injury to person or property growing out of any casualty or accident happening to such person or property on account of a property owner, lessee or occupant of property who fails or neglects to promptly comply with the duties imposed by this section. The City shall be exempt from all liability, including but not limited to common-law liability that it might otherwise incur to an injured party as a result of the City’s negligent failure to abate a nuisance. If any property owner, lessee or occupant, by his or her failure or neglect to perform any duty required of him or her by the terms of this section, contributes in causing injury or damages, they shall reimburse the City for all damages or injury it has sustained or has been compelled to pay in such case, including but not limited to reasonable attorney fees for the defense of the same, and such payments as may be enforced in any court having jurisdiction.

5.525 Summary Abatement.

The procedure provided by Sections 5.400 to 5.527 is not exclusive but is in addition to procedure provided by other ordinances, and the Health Officer, the Chief of the Fire Department or Chief of Police may proceed summarily to abate a health or other nuisance which unmistakably exists and from which there is imminent danger to human life or property.

5.527 Duty to Abate.

The abatement of a nuisance is not a penalty for violating Sections 5.400 to 5.527 but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate a nuisance.

[Section 5.527 added by Ordinance No. 1485, adopted 04-17-2002; amended by Ordinance No. 1621, adopted 04-21-14.]

5.535 Judicial Review

Judicial review of the decision of the Council declaring a nuisance shall be on the record by writ of review pursuant to ORS Chapter 34 and not otherwise.

[Section 5.535 added by Ordinance No. 1485, adopted 04-17-2002.]

PARKS AND RECREATIONAL FACILITIES

5.550 Establishment of Park Rules and Hours.

The Parks and Recreation Director is delegated authority to establish hours of operation and rules for the use and enjoyment for all City parks and recreational facilities including boat ramps and boat landings. Hours of operation that differ from the standard park hours in Section 5.552 shall be posted for public view. However, the posting of signs shall not be a prerequisite to a prosecution of violations of this section or any other park or open space rule.

[Amended by Ordinance No. 1603, adopted 09-12-2011; amended by Ordinance No. 1652, adopted 09-12-2016.]

5.552 Standard Park and Open Space Hours.

(1)    All public parks and open spaces of the City shall be open to the public from one hour before sunrise until one hour after sunset. Nothing in this section prohibits citing for criminal trespass under State law. Violating standard park and open space hours is a Class B violation.

(2)    Exceptions. The following people are permitted in City parks and open spaces during the hours of closure:

(a)    Police, Fire, and Parks Department employees on official business;

(b)    Staff and participants attending any event that is part of the Parks and Recreation Department’s programming; and

(c)    Individuals and groups that have a permit issued by the Parks and Recreation Director for an event that permits occupancy outside of the standard park and open space hours.

[Added by Ordinance No. 1652, adopted 09-12-2016.]

5.555 Violation – Penalty and Exclusion.

(1)    Rules Violation. Violation of any parks and recreational facilities rules established by the Parks and Recreation Director by any person shall constitute a Class B violation.

(2)    Violation. Any person who violates any of the parks and recreational facilities provisions in this chapter is guilty of a violation and shall be subject to the penalties set forth in Section 1.205, unless the specific provision requires a different penalty.

(3)    Exclusion. In addition to other remedies provided for violation of this chapter, or of any of the laws of the State of Oregon, any peace officer or designated City official may exclude any person who violates any applicable provision of law in a City park or open space from any or all City parks for a period of 30 days for any violation or for a period not to exceed 120 days for criminal offenses. If the person to be excluded from a park has been excluded from a City park on two or more occasions within two years before the date of the present exclusion for criminal offenses, the exclusion shall be for a period not to exceed 180 days. Nothing in this section shall be construed to authorize the exclusion of any person lawfully exercising free speech rights or other rights protected by the State or Federal constitution. However, a person engaged in protected activity who commits acts that are not protected and violate applicable provisions of law shall be subject to exclusion as provided by this section.

(a)    For purposes of this section, “applicable provision of law” includes any applicable provision of this chapter; City ordinance; rule, regulation, order or permit issued by the Parks and Recreation Director or the City Manager; State or City criminal laws and vehicle codes; or any other applicable Federal or State law or regulation.

(b)    Criminal Trespass. No person shall enter or remain in any park or open space at any time during which a notice of exclusion is effective under this section. Entering a park or open space in violation of an exclusion order constitutes criminal trespass in the second degree, which is a Class C misdemeanor.

(4)    Exclusion Process.

(a)    Written notice shall be given to any person excluded from any City park or open space. The notice shall specify the dates and places of exclusion. It shall be signed by the issuing party; the consequences for failure to comply shall be prominently displayed on the notice.

(b)    A person receiving an exclusion notice may appeal to have the written notice rescinded or the period shortened pursuant to the City’s administrative appeals process. The appeal notice shall specify the relief sought and the reason for the requested relief.

The Hearing Officer shall uphold the exclusion if, upon de novo review, the preponderance of the evidence convinces the Hearing Officer that, more likely than not, the person in fact committed the crime or violation, and that the exclusion is otherwise in accordance with law. If an appeal of the exclusion is timely filed under Section 1.410(2)(a), the effectiveness of the exclusion shall be stayed, pending the outcome of the appeal. If the exclusion is affirmed, the exclusion shall be effective immediately upon issuance of the written decision and run for the specified number of days.

[Amended by Ordinance No. 1621, adopted 04-21-14; amended by Ordinance No. 1652, adopted 09-12-2016.]

5.560 Vehicles and Horses Prohibited in City Parks.

It shall be unlawful for any person to operate a motor vehicle or to ride or lead a horse within the boundaries of the public parks of the City. This prohibition shall not apply to designated public streets or public parking areas.

5.565 Camping Prohibited.

(1)    No person shall camp in a tent, shelter, camper, vehicle or trailer in any park or open space, including park roads or parking lots, at any time, except as provided in subsection (2) of this section. The definitions in Section 5.115 apply to this section. Prohibited camping is a Class C misdemeanor.

(2)    Exceptions. The Parks and Recreation Director may allow camping in parks and open spaces by:

(a)    Issuing a permit that authorizes camping, not to exceed five days, in accordance with any limitations, terms, and conditions of the permit; or

(b)    Authorizing an event as part of the Parks and Recreation Department’s programming.

[Added by Ordinance No. 1652, adopted 09-12-2016.]

FIRE HAZARDS

5.600 Combustible Vegetation Prohibited.

It is unlawful for the owner or occupant of any property or premises within the City to allow or permit any vegetation which has dried out to the extent of becoming readily combustible to remain on said property when such dry and combustible vegetation lies within 100 feet of any building or structure.

5.605 Vegetation Defined.

Vegetation, as used in Sections 5.600 to 5.615, means any growth which, when allowed to dry normally during the summer and fall dry season, becomes combustible and thereby becomes a fire hazard. This shall include but not be limited to: grass, weeds, vines, brush, scrub trees, and landscape plantings, should they be allowed to go unattended to the point of becoming a fire hazard.

5.610 Fire Chief Determination – Notice.

Upon the determination of the Fire Chief that a fire hazard exists, and upon written notification to the owner and the occupant of the premises that such fire hazard does exist, it shall be required that the owner or occupant cut and remove all vegetation lying within 100 feet of any building or structure whether such building or structure lies on the property of the owner or occupant or on the property of another. Such vegetation shall be kept clean and free from said premises throughout the dry seasons of the year.

5.615 Removal by City.

In the event that the owner or occupant of the premises fails or refuses to cut and remove such vegetation within five days of notification to do so, or in the event the owner or occupant cannot be located, the City may cause such clearing and removal of vegetation to be done and assess the cost thereof as a lien against the property.

EXPLOSIVES

5.650 Purpose.

It is the intention of the Council that Sections 5.650 to 5.725 shall supplement and shall be uniformly interpreted with the laws and regulations of the United States and the State, so far as possible, to avoid an undue burden on commerce.

5.655 Definitions.

As used in Sections 5.650 to 5.725, except where the context clearly indicates a different meaning, the following words mean:

Explosives. Chemical compounds, mixtures, or devices, the primary or common purpose of which is to function by explosion with substantially instantaneous release of gas or heat, including but not limited to Class A and Class B explosives as classified by the Interstate Commerce Commission, nitrocarbonitrates and fireworks as defined by ORS 480.110, but excluding dangerous articles such as flammable liquids, flammable solids, compressed flammable or nonflammable gases, oxidizing material, corrosive liquids, poisonous liquids or gases, radioactive materials, and small arms ammunition.

The Interstate Commerce Commission classifies explosives as follows:

(1)    Class A: Explosives having detonating or otherwise maximum hazard such as dynamite, nitroglycerin, picric acid, lead azide, fulminate of mercury, black powder, blasting caps, and detonating primers.

(2)    Class B: Explosives having flammable hazard, such as propellant explosives (including some smokeless powders), photographic flash powders, and some special fireworks;

(3)    Class C: Explosives including certain types of manufactured articles which contain Class A or Class B explosives, or both, as components but in restricted quantities, such as small arms ammunition, common fireworks, cordeau detonant, and explosive rivets.

5.660 Applicability.

(1)    Except as Sections 5.650 to 5.725 may conflict with the regulations, laws and Constitution of the United States and the State, it shall apply to the interstate and intrastate commerce.

(2)    Sections 5.650 to 5.725 shall not apply to:

(a)    The armed forces of the United States or the militia of any state.

(b)    The use of explosives.

5.665 Storage – Permit Required.

No person may store any explosives unless a permit is first obtained from the City Manager. A revocable permit valid for one year may be issued by the City Manager.

[Amended by Ordinance No. 1621, adopted 04-21-2014.]

5.670 Storage – Application for Permit.

Written application for a permit or for renewal of a permit to store explosives shall be made to the City Manager on forms provided by the City. The application shall be accompanied by a permit fee in an amount to be set by resolution of the City Council, which shall be returned to the applicant if the application is denied.

[Amended by Ordinance No. 1621, adopted 04-21-2014.]

5.675 Storage – Consideration of Application.

The City Manager may either grant or deny the application for a permit, taking into consideration:

(1)    The congestion of persons, the type of buildings, the volume of vehicular traffic, and the topography in the vicinity of the storage area;

(2)    The condition and construction of the structure or magazine used or to be used for storage of explosives and the applicable fire zone regulations;

(3)    The adequacy of water supply in the storage area;

(4)    “The American Table of Distances for Storage of Explosives,” published by the Institute of Makers of Explosives, September 30, 1955;

(5)    Any other factors relevant to public safety.

[Amended by Ordinance No. 1621, adopted 04-21-2014.]

5.680 Issuance of Storage Permit.

In granting a permit, the City Manager may limit the quantity of explosives which may be stored by the applicant and may prescribe in the permit the terms and conditions the City Manager considers necessary for the protection of the public from the dangers of explosion. The City Manager shall issue the permit.

[Amended by Ordinance No. 1621, adopted 04-21-2014.]

5.685 Overnight Storage Limitations.

No permit may be granted to store or keep over 50 pounds of explosives or over 500 blasting caps any place within the City between the hours of 6:00 p.m. and 7:00 a.m. of the following day.

[Amended by Ordinance No. 1621, adopted 04-21-2014.]

5.690 Revocation of Permit.

The City Manager may revoke a permit if:

(1)    Conditions considered in granting the permit change at the storage area or in the vicinity and the public is endangered by the storage of explosives as authorized by the permit;

(2)    The permittee is convicted of a violation of Sections 5.650 to 5.725;

(3)    The permittee is convicted for violation of Federal or State laws or regulations relating to safety in storing and transporting explosives.

[Amended by Ordinance No. 1621, adopted 04-21-2014.]

5.695 Appeal.

The City Manager shall give written notice of his or her decision to deny or revoke a permit to the applicant or permittee. A decision by the City Manager to deny or revoke a permit may be appealed to the Hearings Officer pursuant to the administrative appeals process in Section 1.400 et seq.

[Amended by Ordinance No. 1621, adopted 04-21-2014.]

5.700 Inspections.

It shall be the duty of the fire chief to enforce the provisions of Sections 5.650 to 5.725 relating to storage, and he or she shall regularly inspect buildings where explosives are stored to determine whether storage practices conform to the provisions of Sections 5.650 to 5.725 and the limitations imposed by the permit.

5.705 Transportation – General Applicability.

Every motor vehicle transporting explosives shall be operated in compliance with Sections 5.650 to 5.725 unless federal or state laws and regulations impose a greater affirmative obligation or a greater restraint, or unless compliance would prevent full compliance with Federal or State laws or regulations by persons subject thereto.

5.710 Transportation – Operation of the Vehicle.

Persons shall operate motor vehicles transporting explosives with the highest degree of care to decrease the probability of danger to life and property in the following manner:

(1)    The vehicle shall be driven only upon Highway 212 and Highway 43 passing through the City, except when delivering or receiving explosives off said highways, in which event the vehicle shall be driven upon a route prearranged with the Chief of Police to avoid, whenever possible, congested streets, heavy traffic, bus routes, viaducts, dangerous crossings, and any dwellings, buildings, or places where persons work, congregate, or assemble;

(2)    Except when passing, the vehicle shall be kept at least 300 feet behind other motor vehicles transporting explosives moving in the same direction;

(3)    The vehicle shall not be driven near fires of any kind burning on or near a street until passage can be made safely.

5.715 Transportation – Competent Person to Attend Vehicle.

When transporting explosives the vehicle shall be attended by a competent person whose primary duty is to attend the vehicle. Such person shall be within sight of and in close proximity to the vehicle and shall have on his or her person the appropriate keys for starting the vehicle. Vehicles are deemed unattended when left in care of a person on duty in the regular course of another business such as service station attendants, motel operators, or merchant patrolmen. The police are authorized to move unattended vehicles to a safe place, and to enter premises at any time to remove an unattended vehicle loaded with explosives.

5.720 Transportation – Parking and Stopping Restricted.

(1)    Except as provided in this section, no person may park a vehicle loaded with explosives in the City for any purpose, and no person may stop such a vehicle for any reason except momentarily to comply with moving traffic laws.

(2)    A person may park an attended vehicle for the sole purpose of, and while physically engaged in, loading or unloading explosives from the vehicle, or changing drivers.

(3)    No person may refuel a vehicle within the City except in extreme emergency and then only with enough fuel to enable it to proceed to the first refueling point beyond the City. The engine of the vehicle shall be stopped during refueling.

5.725 Transportation – Disabled Vehicles.

(1)    If a vehicle transporting explosives is disabled, the driver shall immediately cause notice to be given to the Police and Fire Departments.

(2)    The Fire Chief shall determine whether or not the vehicle may be moved, and where it may be repaired when loaded.

(3)    If the disabled vehicle is moved when loaded with explosives, it shall be moved with a police escort to a location where repairs can be made without endangering life or property.

(4)    If transfer of the explosives is imperative, persons making the transfer shall employ adequate safety measures under the supervision of the Fire and Police Departments.

BLASTING

5.750 Permit Required.

It is unlawful for any person, company, or corporation, without first having received a permit from the City Manager as hereafter provided for, to explode or cause to be exploded any gunpowder, dynamite, giant powder, nitroglycerin, or other explosive for the purpose of blasting out rock, gravel, earth, or other substance within the corporate limits of the City.

5.755 Permit Affidavit.

The City Manager, after notifying Mayor and Council, shall have power and authority to issue a permit for blasting but before so doing shall require the person, company, or corporation to whom the permit is to be issued to make application in the form of affidavit and containing the following information:

(1)    The name and address of the person, company, or corporation applying for said permit, and the name and address of the blaster or of the person who will actually supervise the blasting;

(2)    Location where it is desired to use the explosives;

(3)    The maximum quantity and kind of explosives to be used at one time and the length of time over which the blasting will continue;

(4)    The experience and qualifications of the blaster or person who will supervise the blasting operation;

(5)    Facts sufficient to establish the financial responsibility of any individual bondsman or the bonding company who will provide the bond as hereinafter provided for.

(6)    A blasting plan prepared and signed by a certified and licensed blasting consultant.

[Section 5.755, amended by Ordinance No. 1509 adopted 10-06-2004.]

5.758 Notification Required.

The contractor is responsible for providing adequate notification to the affected residents of the City of West Linn.

(1)    The affected area includes all properties located within 1,000 feet of the blasting area.

(2)    The contractor is responsible for notifying all property owners in the affected area.

(3)    The contractor is responsible for notifying all Neighborhood Associations in the affected area and attending a regularly scheduled Neighborhood Association meeting to discuss the blasting plan and answer questions.

(4)    The contractor is responsible for notifying the City, County, and State Police/Tualatin Valley Fire and Rescue District and receive their concurrence.

[Section 5.758, added by Ordinance No. 1509 adopted 10-06-2004.]

5.760 Insurance Requirements.

The City Manager, before issuing a permit for blasting, shall require the person, company, or corporation to whom the permit is issued to execute and deliver a certificate of liability insurance to include X,C,U coverage in a form to be approved by the City in an amount not less than $1,000,000, or in such additional amount as may be reasonable under all of the circumstances then existing. Said certificate of insurance shall state on its face that the underlying liability insurance policy includes coverage for indemnification of the City, its officers, agents, and employees and the owners of all property within said City from loss or damage that might result from such blasting and coverage to indemnify, hold harmless, and defend the City, its officers, agents, and employees in and from any cost, attorney’s fees or judgments incurred or rendered in any and all suits or actions brought against it as a result in whole or in part from said blasting. The certificate shall also state that the insurance company must give the city a minimum of 10 days’ notice of cancellation of the required liability insurance coverage. The City Manager shall have the power and authority to limit the force of the explosions to be made and if it is deemed to be in the public interest, after examining the information contained in the application for a blasting permit and after examining all of the pertinent circumstances surrounding the proposed blasting, may then refuse to issue such permit.

5.765 Revocation of Permit.

The City Manager shall have the power to revoke any permit heretofore or hereafter issued under the provisions hereof for failure to comply with any of the provisions of Sections 5.750 to 5.785, or for any other reasonable cause.

5.770 Appeal.

A decision by the City Manager to deny or revoke a blasting permit may be appealed to the Hearings Officer pursuant to the administrative appeals process in Section 1.400 et seq.

[Amended by Ordinance No. 1621, adopted 04-21-14.]

5.775 Nonliability of City.

By the passage of the ordinance codified in Sections 5.750 to 5.785 or the issuance of any permit hereunder, the City assumes no responsibility for any damage caused by the person, company, or corporation blasting with the said City.

5.780 General Regulations.

All persons blasting in the City pursuant to the permit duly issued by the City Manager or otherwise shall, as a minimum precaution, comply with the following regulations:

(1)    Blasting operations shall not be conducted within the City limits between the hours of 4:00 p.m. and 8:00 a.m., nor at any time on a Sunday or legal holiday.

(2)    All individuals will possess the appropriate State and Federal licenses.

(3)    No person shall handle explosives in connection with blasting operations who is not the person named in the application for permit, either as the blaster or supervisor, except for persons under the direct supervision of said supervisor.

(4)    No person shall handle explosives while under the influence of intoxicating liquors or narcotics.

(5)    Persons authorized to prepare explosive charges or conduct blasting operations shall use every reasonable precaution to insure the safety of the general public and workmen.

(6)    When blasting is done in congested areas or in close proximity to a structure, railway, or highway, the blast shall be covered before firing with a mat constructed so that it is capable of preventing fragments from being thrown.

(7)    At least three minutes before firing a blast, warning of a blast shall be given by causing a competent man carrying a red flag to be stationed at a reasonable distance from the blast, at each avenue of approach or point of danger.

(8)    Electric blasting caps only shall be used as the detonating agent for blasting operations in congested districts, or on highways, or adjacent to highways open to traffic.

(9)    No person shall attempt to use dynamite that is frozen.

(10)    When blasting caps are used they shall be securely attached to the safety fuse with a standard cap crimper. All priming shall be done at least 50 feet from any magazine.

(11)    Blasting caps shall be inserted in the explosives only as required for each round of blasting.

(12)    Blasting caps shall not be inserted in the explosives first without first making a hole in the cartridge with a sharpened stick or standard cap crimper.

(13)    All drill holes shall be sufficiently large to freely admit the insertion of the cartridges of explosives.

(14)    Tamping shall be done only with wooden rods without metal parts.

(15)    Holes shall be stemmed with earth or sand. Rock chips, gravel, or similar material shall not be used for tamping the bore holes. No holes shall be loaded except those to be fired at the next round of blasting. After charging, all remaining explosives shall be immediately returned to a safe storage magazine.

(16)    Drilling shall not be started until all remaining butts of old holes are examined with a wooden stick for exploded charges, and if any are found, same shall be re-fired before work proceeds.

(17)    No person shall be allowed to deepen drill holes which have contained explosives.

(18)    Explosives shall not be extracted from a hole that has once been charged or has misfired unless it is impossible to detonate the unexploded charge by insertion of a fresh additional primer or by drilling a hole in close proximity and at a safe distance from the unexploded charge.

(19)    If there are any misfires while using cap and fuse, all persons shall remain away from the charge for at least two hours. If electric blasting caps are used and a misfire occurs, this waiting period may be reduced to 30 minutes. Misfires shall be handled under the direction of the person in charge of the blasting and all wires shall be carefully traced and search made for unexploded charges.

(20)    Blasters, when testing circuit to charged holes, shall use sufficient lead in wires to be at a safe distance and shall use only approved type of testers. No tests of circuits in charged holes shall be made until all persons are at a safe distance.

(21)    The blaster shall cause a sufficient warning to be sounded and shall cause all persons to retreat to a safe shelter before he or she sets off blast and shall also see that none return until he or she reports it safe for them to do so.

(22)    Only the person making wire connections in electrical firing shall fire the shot. All connections should be made from bore hole back to firing machine, and the lead in wires connected to the blasting machine only when the charge is to be fired.

(23)    Empty boxes, which have previously contained high explosives, shall not be used for any purpose, but shall be destroyed by burning in the open air.

(24)    No person shall smoke while handling explosives or in the vicinity thereof.

(25)    No open flame lamp or light shall be used in the vicinity of explosives.

(26)    Containers of explosives shall not be opened in any magazine, or within

50 feet of any magazine. In opening containers, wooden wedges and either wood, fiber, or rubber mallets shall be used. No metal tools except brass shall be used for opening any containers of explosives.

(27)    Explosives shall not be stored overnight or during weekends within the City limits.

[Section 5.780, amended by Ordinance No. 1509 adopted 10-06-2004.]

5.785 Application Fee.

All applications for permits to blast under the provision of Sections 5.750 to 5.785 shall be made in writing and filed with the City Manager and shall be accompanied by an application fee in an amount to be set by resolution of the City Council.