HomeMy WebLinkAbout3192 Amending the City Charter regarding the new office of City Manager
ORDINANCE NO. 3192 Page 1 of 134
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ORDINANCE NO. 3192
AN ORDINANCE RELATING TO THE 2020 AMENDMENTS TO THE ASHLAND
CITY CHARTER CREATING THE NEW OFFICE OF CITY MANAGER AND
MAKING CERTAIN HOUSEKEEPING CHANGES; AMENDING AMC 1.08.005, AMC
2.04.020, AMC 2.04.030, AMC 2.04.040, AMC 2.04.050, AMC 2.04.080, AMC 2.18.010,
AMC 2.28.020, AMC 2.28.030, AMC 2.28.040, AMC 2.28.045, AMC 2.28.060, AMC
2.28.080, AMC 2.28.090, AMC 2.28.110, AMC 2.28.120, AMC 2.28.140, AMC 2.28.150,
AMC 2.28.160, AMC 2.28.180, AMC 2.28.200, AMC 2.28.220, AMC 2.28.230, AMC
2.28.240, AMC 2.28.250, AMC 2.28.280, AMC 2.28.290, AMC 2.28.310, AMC 2.28.320,
AMC 2.28.330, AMC 2.28.350, AMC 2.28.352, AMC 2.28.360, AMC 2.30.010, AMC
2.50.040, AMC 2.54.020, AMC 2.56.025, AMC 2.56.030, AMC 2.62.020, AMC 2.62.030,
AMC 2.62.040, AMC 2.62.050, AMC 2.62.060, AMC 2.62.070, AMC 3.08.010, AMC
3.08.020, AMC 3.08.040, AMC 3.08.050, AMC 3.08.060, AMC 3.08.070, AMC 3.08.090,
AMC 3.08.100, AMC 3.08.110, AMC 3.08.120, AMC 3.08.130, AMC 3.08.140, AMC
3.08.150, AMC 3.12.040, AMC 4.18.030, AMC 4.20.040, AMC 4.20.050, AMC 4.20.090,
AMC 4.20.110, AMC 4.20.130, AMC 4.20.140, AMC 4.20.150, AMC 4.26.060, AMC
4.27.080, AMC 4.28.070, AMC 4.32.180, AMC 4.35.020, AMC 6.32.020, AMC 6.32.070,
AMC 6.36.020, AMC 6.36.030, AMC 6.36.050, AMC 6.36.060, AMC 6.36.070, 6.36.090,
6.36.100, AMC 6.50.020, AMC 9.08.170, AMC 9.22.040, AMC 9.24.040, AMC 9.28.050,
AMC 9.50.050, AMC 9.50.060, AMC 9.50.070, AMC 9.50.080, AMC 10.48.040, AMC
13.02.040, AMC 13.03.030, AMC 13.03.040, AMC 13.03.090, AMC 13.04.030, AMC
13.04.040, AMC 13.04.050, AMC 13.04.070, AMC 13.16.020, AMC 13.16.030, AMC
13.16.035, AMC 13.16.060, AMC 13.16.080, AMC 13.20.160, AMC 13.20.180, AMC
13.30.010, AMC 14.02.015, AMC 14.05.010, AMC 14.06.020, AMC 14.06.030, AMC
14.06.060, AMC 14.06.080, AMC 15.04.030, AMC 15.04.214, AMC 15.04.216, AMC
15.04.240, AMC 16.20.190, AND AMC 16.26.060; AND DELETING AMC 9.20.040
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Ashland Municipal Code 1.08.005 is hereby amended as follows:
1.08.005 Code Compliance Officers
A. Designation. The City Council hereby delegates to the City Manager Administrator the
authority to designate by written order any City officer, employee, or contractor as City of
Ashland “Code Compliance Officer(s)” with authority to enforce the Ashland Municipal City
Code. The following positions are designated Code Compliance Officers without further written
order: all City police officers, Special Campus Security Officers employed by Southern Oregon
University, the City Fire Chief or designees, City Public Works Director or designees, City
Annotated to show deletions and additions to the Ashland Municipal Code sections being
modified. Deletions are bold lined through, and additions are bold underlined.
ORDINANCE NO. 3192 Page 2 of 134
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Finance Director or designees, City Community Development Director or designees, City Parks
Director or designees, City Electric Department Utility Director or designees, City Recorder or
designees, code compliance officers, code enforcement employees with an approved job
description which includes code compliance or enforcement, including but not limited to, the
Building Official and designees, the Fire Marshal and designees, the Code Compliance
Specialist, and community service officers.
B. General Powers and Duties of Code Compliance Officers. Code Compliance Officers are
authorized to enforce any and all the provisions of the Ashland Municipal Code and for such
purposes shall have all such law enforcement authority as may be granted to such enforcement
officers by charter, ordinance and general law.
C. Right of Entry/ Warrant. When it may be necessary to inspect to enforce the provisions of
this code, or the Code Compliance Officer has reasonable cause to believe that there exists in a
building or upon a premises a condition which is contrary to, in violation of this code or which
otherwise makes the building or premises unsafe, dangerous or hazardous, the Code Compliance
Officer, in accordance with administrative policy, may enter said building or premises at
reasonable times to inspect or to perform the duties imposed by this code; provided, that if such
building or premises be occupied that credentials be presented to the occupant and entry
requested. If such building or premises be unoccupied, the Code Compliance Officer shall first
make a reasonable effort to locate the owner or other person having charge or control of the
building or premises and request entry. If entry is refused, the Code Compliance Officer shall
have recourse to the remedies provided by law to secure entry, including but not limited to an
Administrative Search Warrant.
D. Citation. City Police Officers and Code Compliance Officers are empowered to investigate
and enforce all violations of City ordinances. For criminal offenses created by City ordinance,
any City police officer may make an arrest consistent with the criminal laws of the State of
Oregon or may issue and serve a citation in lieu of arrest as authorized by ORS 133.070. For the
violation offenses created by City Ordinance or Charter, any City police officer and any City
Code Compliance Officer may issue and serve a citation which shall be in the nature of a notice
to appear citation and complaint, at a time and place certain, in the form and manner specified in
ORS Chapter 153 and this Ashland Municipal Code. A Police Officer or Code Compliance
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Officer is expressly authorized by law to issue a citation to a person for a violation created by
City ordinance if the officer personally witnessed the violation or the officer has probable cause
to believe that the person has committed a city ordinance offense. As authorized in
ORS 153.058(7), the City hereby elects not to allow privately initiated violations for city charter
and city ordinance offenses. Notwithstanding the above, parking citations may be issued by
authorized City parking enforcement contractors. No person shall cancel or solicit the
cancellation of a citation without the approval of the municipal judge.
E. Service; Service by Mail and Failure to Receive Notice; Default.
1. Service on individuals may be made by Code Compliance Officers or any authorized
agent of the City by any of the following means:
a. Service may be made by mailing the summons and complaint by restricted or
unrestricted certified or registered U. S. mail, return receipt requested. For purposes of
computing any time period prescribed by this section ordinance, service by mail shall be
complete three (3) days after such mailing if the address to which it was mailed is within
the State, and seven (7) days after mailing if the address to which it is mailed is outside
the State;
b. No default shall be entered against any responsible party served by mail under this
section who has not either received or rejected the registered or certified letter containing
a copy of the summons and complaint, unless otherwise authorized by the municipal
judge based upon service procedures of the Oregon Rules of Civil Procedure.
b c. Service may be made by delivering the summons and complaint directly to the
person to be served.
c d. Substituted service may be made by delivering a copy of the summons and
complaint at the dwelling house or usual place of abode of the person to be served, to any
person over fourteen (14) years of age residing in the dwelling house or usual place of
abode of the person to be served. Where substituted service is used, the Code Compliance
Officer, as soon as reasonably possible, shall cause to be mailed a true copy of the
summons and complaint to the responsible party at the responsible party’s dwelling house
or usual place of abode, together with a statement of the date, time, and place at which
substituted service was made. For the purpose of computing any period of time
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prescribed or allowed by this section ordinance, substituted service shall be complete
upon mailing.
d e. If the person to be served maintains an office for the conduct of business, office
service may be made by leaving a true copy of the summons and complaint at such office
during normal working hours with the person who is apparently in charge. Where office
service is used, the code compliance officer, as soon as reasonably possible, shall cause
to be mailed a true copy of the summons and complaint to the responsible party at the
responsible party’s dwelling house or usual place of abode or the responsible party’s
place of business or such other place under the circumstances that is most reasonably
calculated to apprise the responsible party of the existence and dependency of the action,
together with a statement of the date, time, and place at which office service was made.
For the purpose of computing any period of time prescribed or allowed by this section
ordinance, office service shall be complete upon such mailing.
2. Service on particular responsible parties; minors, incapacitated persons, corporations,
limited partnerships, the State, other public bodies, general partnerships and other entities,
shall be on the persons named in the Oregon Rules of Civil Procedure.
F. Default/Criminal Charges/Warrant/Presumptive Arrest.
1. Failure to appear on a violation citation may result in a default judgment, criminal
prosecution for failure to appear [See ORS 153.992,ORS 133.076], a Court order to show
cause for Contempt, as well as issuance of an arrest warrant.
2. Notwithstanding Subsection F.1 above, court appearance is mandatory for the following
violations occurring within an Enhanced Law Enforcement Area as provided in AMC
10.120.020:
a. AMC 9.08.110 – Scattering Rubbish;
b. AMC 9.08.170 – Unnecessary noise;
c. AMC 9.16.010 – Dogs-Control Required;
d. AMC 10.40.030 – Consumption of Alcohol in Public;
e. AMC 10.40.040 – Open Container of Alcohol in Public;
f. AMC 9.16.015 – Dog License Required; or
g. ORS 475B.381 – Use of marijuana item in public place prohibited.
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G. Warnings. City Police Officers and Code Compliance Officers may issue a warning notice
for any noncriminal violation of the Ashland Municipal Code, provided the Code does not
prohibit a warning. Warning notices generally provide a brief description of the violation, the
name of the City department to contact regarding the abatement of the violation, the name of the
person issuing the warning notice, the date the warning was issued, and a statement that failure to
correct the alleged violation or to contact the named department contact within ten (10) days may
result in issuance of a citation to the municipal court as well as other enforcement proceedings.
The warning notice shall be served upon the person or entity accused of the violation and a copy
placed in the enforcement file. Nothing in this section shall be construed to require a warning
notice be given to any defendant prior to issuing a citation or taking any other enforcement or
abatement action.
H. Personal appearance when abatement of violation required. Notwithstanding the appearance
options of ORS 153.061, when the City ordinance offense alleged involves a continuing
violation, a personal appearance on the citation shall be required. The violation citation itself,
this chapter, the bail schedule, or Court order may specify offenses or classes of offenses which
require a personal appearance.
SECTION 2. Ashland Municipal Code 2.04.020 is hereby amended as follows:
2.04.020 Meetings
A. Regular Meetings. The regular sessions of the Council are on the first and third Tuesday of
each month unless otherwise arranged, beginning at 6:00 p.m. Meetings are required to end no
later than 9:30 p.m., except in the following circumstance:
1. If a motion or any amendment to a motion has been made and has been seconded if a
second is required, deliberation on the motion shall be allowed to continue until no later than
9:40 p.m., at which time deliberation shall end; and any amendments to the motion and the
motion itself shall be voted upon immediately and without further deliberation or debate and
without passage of a motion to end debate.
B. Special Meetings. A special meeting may be called either by the Mayor or two members of
the Council. Notice of the time and place of such special meeting and the subjects to be acted
upon shall be delivered to all members of the Council at least seventy-two (72) hours in advance
of the time of the meeting, except in the case of an emergency, and the Council may consider and
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act only upon such matters as contained in the notice.
C. Study Sessions.
1. Study sessions are for Council members to receive background information and
recommendations from staff or invitees with expertise on City business; to ask questions,
discuss options, express their individual views on matters that may be voted on in subsequent
regular or special meetings; and to provide guidance to staff. The Council may vote in study
sessions on guidance to staff concerning matters to be presented to Council for decision at
subsequent meetings. By consensus, the Council also may direct staff to take action on other
matters that do not require Council decision by ordinance or resolution. No particular cases
involving quasi-judicial decisions may be discussed at study sessions.
2. Each study session shall include up to a total of fifteen (15) minutes for public forum, in
which persons may speak about any topic on the agenda for that study session. Persons
wishing to speak during public forum are to submit a “speaker request form” to the City
Recorder.
3. Study sessions shall begin at 5:30 p.m. on the day before each regular meeting unless
otherwise arranged, but shall not be held on national holidays. The Mayor or two (2)
Councilors may call a study session at any time with not less than seventy-two (72) hours’
advance notice.
D. Executive Sessions.
1. All meetings of the City Council shall be held in open sessions, except meetings that may
be closed for those purposes specified in the Oregon Public Meetings Law (ORS 192.610 to
192.690). These purposes include, but are not limited to, the employment and dismissal of
public employees, the performance evaluation of the City Manager Administrator and City
Attorney, labor negotiations, real property transaction negotiations, and consulting with legal
counsel on pending or threatened litigation. At any time during an executive session, a
Councilor who feels a matter under consideration should be addressed exclusively in open
session may state a point of order, which shall be ruled upon in the executive session as set
forth in AMC 2.04.040.C.4.b.(1).
2. Notice of executive sessions shall be given as required by State law and such notice must
state the specific provision of law authorizing the session. The Mayor and City Councilors
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will act in accordance with State law regarding confidentiality of information discussed in
Executive Sessions.
3. At the commencement of each executive session, the presiding officer must state on the
record that executive session information is confidential and may not be reported. The
proceedings may be reported if no such statement is made.
E. Emergency Meetings. The City Manager Administrator is responsible for implementation
of the Emergency Management Plan. When the City Manager Administrator determines that a
state of emergency exists, the City Manager administrator will make a declaration to that
effect and will request that the Mayor to call an emergency meeting of the Council in order to
ratify the declaration of emergency. The emergency meeting of the Council will occur as soon as
possible after the declaration of emergency. A quorum of the Council may not be possible due to
emergency circumstances and is not required for this emergency meeting. Notwithstanding the
advance notice requirements in subsections B, D and F of this section, notice of the emergency
meeting can be made in the most expedient manner as determined by the City Manager Mayor
and need not be seventy-two (72) hours in advance, but notice of the emergency special meeting
must be given at least twenty-four (24) hours in advance if feasible. In any case, minutes of any
emergency meeting must meet the requirements of ORS 192.640(3) and ORS 192.650.
F. Notice of Meetings. Advance notice of at least seventy-two (72) hours shall be provided for
all meetings, except for emergency meetings. Notice shall be sent to a newspaper with general
local circulation and posted prominently on the City’s website. In the case of an emergency or
when a state of emergency has been declared, public notice appropriate to the circumstances
shall be provided and reasons justifying the lack of seventy-two (72)-hour notice shall be
included in the minutes of such meeting.
SECTION 3. Ashland Municipal Code 2.04.030 is hereby amended as follows:
2.04.030 Agendas
The City Manager Administrator is responsible for the preparation of the Council agenda.
A. Agenda Guidelines for Regular Meetings. Topics will be added to a Council agenda based
on timeliness of the topic and with consideration of the number of items already scheduled for
the Council. Matters to be considered by the Council shall be placed on an agenda to be prepared
by the City Manager Administrator from the following:
ORDINANCE NO. 3192 Page 8 of 134
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1. All items considered by the Council during Study Sessions, which require a subsequent
Council vote.
2. All items which are required by law or policy to be presented to the Council.
3. All other items that the City Manager Administrator, City Attorney, or Mayor present to
the Council for action or information.
4. Items placed on the agenda in accordance with Subsections B or and Subsection C of this
section.
5. Requests of City Boards, Commissions, and Committees.
B. Agenda Additions by Councilors.
1. A Councilor may place any item on the Council’s business meeting agenda; provided, that
another member of the Council acknowledges concurrence with the addition and that
preparing the matter for Council consideration does not require more than two (2) hours of
staff time, including policy research and document drafting. A proposed addition for the
agenda of a particular upcoming business meeting must be delivered to the City Manager
Administrator no later than noon of the Wednesday prior to that Council meeting. The City
Manager Administrator shall determine the order of business of the item. The Mayor may
defer the item until a later meeting if the agenda of a particular meeting is already lengthy or
if, in the Mayor’s sole judgment, the matter is not time-sensitive, but in no case shall the
Mayor defer the item to an agenda that is more than three (3) months beyond the date
requested by the Council members submitting the item. Council members will endeavor to
have subjects and any materials they wish considered submitted prior to finalization of the
Council packet.
2. A Councilor who wants to add to the Council’s agenda an item requiring more than two
(2) hours of preparation by staff, including policy research and document drafting, should
first propose the addition at a Regular Meeting under Other Business from Council members
or at a Study Session. The Council should consider such additions to the Council agenda in
light of City priorities, including adopted City Council Goals, and workload. The Council
must agree to proceed with an issue or ordinance before staff time is spent preparing the
matter for Council action. The Councilor may present information or a position paper or ask
for a department report or committee recommendation. Councilors who agree that staff time
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can be spent on a particular item are not bound to support the issue when it comes before the
Council for a vote.
C. During a Meeting. A topic may be added to the agenda by a majority vote of the Councilors
present. Generally these items should be limited to items of timeliness or emergencies. Advance
notice of executive sessions, however, must be given as required by State law.
D. Postponing Agenda Items Before Consideration.
1. If a Councilor will be absent from an upcoming Regular Meeting, the Councilor may
request during a Regular Meeting that consideration of an agenda item be postponed to a
future Regular Meeting. The request will be honored if the majority of the Council votes in
favor of postponement and the matter is not time-sensitive.
2. If the request to postpone is made outside a regular Council meeting, the Councilor
requesting the postponement shall submit a request to the Mayor or City Manager
Administrator in writing or by email as early as possible. The request to postpone will be
honored unless the majority of the Council at the public meeting votes not to postpone the
item or if the matter is time-sensitive.
3. If time expires before the City Council can consider an item on the agenda including an
advertised item, the unaddressed item shall automatically be continued to the next scheduled
Regular Meeting or Study Session; re-advertisement shall not be required for such continued
items. A note shall be placed on the Agenda referencing this continuance rule: “Items on the
Agenda not considered due to time constraints are automatically continued to the next
scheduled Regular Meeting or Study Session of the Council. AMC 2.04.030.DE.”
E. Council Packets. Written materials, from Councilors, staff and citizens, which are related to
agenda items to be included in the Council packet, must be submitted to the City Manager’s
Administrator’s office no later than 12:00 noon, six (6) days in advance of the Council meeting
for which it is intended. Materials submitted must include author’s name and address.
F. Study Session Agenda Preparation. The City Manager Administrator shall prepare
prepares the agenda for the Study Sessions from:
1. Items requested by the Mayor and members of the Council to be listed on the agenda.
2. Items deemed appropriate by the City Manager Administrator.
3. Business from the Council pertaining to committee reports and other business.
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4. Items requested by City Commissions, Committees or Boards.
G. Time Limits. Items appearing on the Council Study Session agenda shall be assigned a time
limit, and the Mayor shall hold discussion to within the time frame, unless the consensus of the
Council is to extend the time limit until an issue or item is discussed and resolved.
SECTION 4. Ashland Municipal Code AMC 2.04.040 is hereby amended as follows:
AMC 2.04.040 Conduct of Meetings
A. Quorum. As provided in Article VIII, Section 4 of the City Charter, four (4) Councilors, or
the Mayor and not less than three (3) Councilors constitute a quorum. If the Council members
present do not constitute a quorum, the members present may adjourn or a majority of the
members in attendance may direct staff to notify the absent members, except those known to be
unavoidably detained, that their presence is required to enable the Council to proceed with
business.
B. Attendance by Electronic Communication. Except in the event of a suspension of rules
pursuant to AMC 2.04.010.E, members of the City Council may not attend or vote at public
meetings by means of telephone or other electronic communication. The rules on meeting
procedures and Council actions shall otherwise remain in effect notwithstanding any such
suspension of rules to allow for attendance by electronic communication.
C. Council Deliberation.
1. Presiding Officer. The Mayor, or in the Mayor’s absence, the Chair of the Council, shall
be the presiding officer at the meetings of the City Council. In the absence of these officers at
any meeting, the Councilors present shall appoint a Chair Pro-Tem to serve temporarily as
presiding officer and proceed with the meeting. The presiding officer may not vote on
appeals from decisions made while acting as presiding officer. The Chair of the Council or
Chair Pro-Tem may vote on all other motions, but the Mayor may vote only as provided in
City Charter Article IV 4, Section 3 of the City Charter.
2. Deliberation Rules. The presiding officer shall ensure that each Council member has the
opportunity to speak on each issue before the Council. Councilors must ask the presiding
officer to be recognized. Unless otherwise permitted by the presiding officer, no member
may speak more than once on an issue and may do so only after every other member has
spoken on or declined to address the issue. Time limits may be set on topics by the presiding
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officer or by a consensus of the Council. Council members, as well as members of the public
speaking on Council agenda items, shall confine their remarks to the question under
deliberation, avoid redundancy, speak only for themselves, and make no negative personal
remarks or comments about the motives or personal traits of others.
3. Decorum. The presiding officer shall be responsible for ensuring order and decorum is
maintained. Except by permission of the presiding officer, a Councilor shall address any
remarks to the Council, and not to the audience. Any person’s failure to abide by the
presiding officer’s instructions constitutes “disruption of a lawful assembly” as provided in
ORS 166.025(1)(c) and may be cause for the presiding officer, or a majority of the
Councilors, to direct a city official to remove the person from a Council meeting. Disruptive
behavior includes engaging in violent, intimidating or distracting actions or gestures, making
loud or disruptive noise, using loud or disruptive profane language, making negative personal
remarks or comments about the motives or personal traits of others, and refusing to obey an
order of the presiding officer. Signs are not permitted and will be considered disruptive. A
direction or order of the presiding officer may be challenged by a point of order as set forth
in AMC 2.04.040.C.4.b.(1).
4. Motions and Permissible Intervening Actions.
a. Councilor Actions during Debate. No motion or intervening action shall be received or
recognized by the presiding officer when a question is under debate, except for the ten
secondary motions and intervening actions listed below. The disposition of any motion or
action listed below must occur before consideration of any other action lower on the list.
(1) Point of order, request for information, or objection to consideration of a matter
(2) Motion to adjourn
(3) Withdrawal of a motion
(4) Motion to lay the matter on the table
(5) Motion to divide a motion under debate
(6) Motion to refer
(7) Motion to call for the previous question
(8) Motion to postpone to a certain time
(9) Motion to postpone indefinitely
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(10) Motion to amend
b. Permissible Intervening Actions While a Speaker Has the Floor.
(1) Point of Order. Any member may interrupt a speaker who has the floor to raise a
point of order if meeting protocol appears to have been broken. The point of order
must be addressed to the presiding officer and may not be addressed directly to the
speaker. The speaker must immediately cease speaking, and the issue identified in the
point of order must be resolved before business continues. No second is required, and
no debate is allowed on the point of order. The presiding officer may seek
clarification on the point of order from its maker, from the speaker who had the floor
when it was made, or from the Parliamentarian. Before proceeding further, the
presiding officer must sustain or overrule the point of order or submit it to Council
decision by majority vote with no debate. A member who disagrees with the presiding
officer’s decision to sustain or overrule a point of order may move immediately
following a ruling by the presiding officer to overturn it. The motion to overturn a
ruling on a point of order may not be debated, and the presiding officer may not vote
on it. Approval of the motion requires a majority of affirmative votes; the motion
fails in the event of a tie vote.
(2) Request for Information. Any member may interrupt a speaker who has the floor
to seek permission to make a request for information from the speaker or from staff or
invitees with expertise on the subject under discussion. The request must be
addressed to the presiding officer and may not be addressed directly to the speaker.
The speaker must discontinue speaking until the request for information has been
denied or satisfied. No second is required, and no colloquy is allowed on the request
for information, except to the extent specifically set forth herein. The information
sought must concern either the subject under discussion or meeting procedure rules.
The presiding officer may ask the requestor for a statement of the nature of the
information sought. Neither a request for information nor a statement of the nature of
the information sought may contain statements of fact unless they are necessary to
make the request intelligible and must not contain arguments. Upon inquiry from the
presiding officer, the person who had the floor when the request for information was
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made has sole discretion whether to temporarily relinquish the floor to allow the
requested information to be provided. An objection to apparently superfluous requests
for information may be made through a point of order.
(3) Objection to Consideration of a Matter. A member who contends a matter about
to be discussed is irrelevant or for any other reason not advisable to consider, may
object to consideration of the matter. The objection may be made before or after
another member has been assigned the floor, but only if debate has not yet begun and
none of the motions in AMC 2.04.040.C.4.a. has been made. An objection to
consideration of a matter does not require a second and is not debatable or
amendable. Immediately after the objection is made, a vote on sustaining the
objection must be taken. The objection fails unless at least two-thirds of the
Councilors present vote to sustain it.
c. Main Motion. A main motion is a proposed action that brings business before the
Council when no other motion is pending. The actions listed in AMC 2.04.040.C.4.a.
may be undertaken while the main motion is pending, and, if passed, may affect the
Council’s consideration of the main motion. A main motion requires a second, is
amendable and debatable, and passes upon a majority vote in favor.
d. Adjourn. A successful motion to adjourn terminates a meeting and transfers the
remaining unfinished business to the agenda of the next Regular Meeting or Study
Session. It requires a second, is not debatable or amendable, and passes upon a majority
vote in favor.
e. Withdrawal. A motion may be withdrawn by the mover at any time before an
amendment is made to it or, if no amendment is made, before a vote is taken on it.
Withdrawal of a motion does not require a second, and debate of a proffered withdrawal
is not allowed.
f. Motion to Lay a Matter on the Table. A motion to lay a matter on the table is a
proposal to suspend consideration of a main motion and all pending related motions until
later in the same meeting in order to deal with another matter that has come up
unexpectedly and which must be dealt with before the pending motion can be properly
addressed. A motion to lay a matter on the table requires a second, is not amendable or
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debatable, and passes upon a majority vote. Before the meeting adjourns, a subsequent
nonamendable, nondebatable motion may take the matter from the table if seconded and
passed by a majority vote in favor. If the meeting adjourns without considering the tabled
item, it will be continued to the next Regular Meeting or Study Session in accordance
with AMC 2.04.030.E.
g. Division of a Motion. Any member may move to split a motion under consideration
into two or more independent motions that are taken up in sequence. Each new motion is
debated, possibly subjected to secondary motions, and voted upon before taking up the
next part. The mover may designate in the motion the order in which the parts are
considered. The motion requires a second, is amendable, is not debatable, and passes
upon a majority vote in favor.
h. Referral. A motion to refer is a proposal to refer a matter to a subcommittee or another
body for further study and possible recommendations to the Council. The motion requires
a second, is debatable and amendable, and passes upon a majority vote in favor. Any
proposed amendments to a main motion on the referred matter that are pending at the
time are also referred.
i. Previous Question. A motion to call the previous question is a proposal to end debate
on a pending motion. It precludes all amendments and debate on the pending motion until
it is decided. The motion to call the previous question is not debatable or amendable and
requires a second and a two-thirds vote in favor.
j. Postpone to a Certain Time. This motion is a proposal to postpone a matter to a
particular future meeting, requires a second, is debatable and amendable, and passes upon
a majority vote in favor. One function of this motion can be to continue consideration of
an agenda item at a designated subsequent meeting.
k. Postpone indefinitely. A successful motion to postpone a matter indefinitely prevents
action on the matter for the rest of the meeting. It must be seconded, may be debated,
may not be amended, and passes upon a majority vote in favor. The debate may address
the substance of the main motion. A successful motion to postpone a matter indefinitely
does not preclude consideration of the matter at a subsequent meeting if it is properly
added to the respective agenda.
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l. Amendment. Any main motion and any amendment to a main motion may be amended
to add or omit words. A proposed amendment must be germane, must be seconded, and is
debatable if the motion to be amended is debatable. The amendment passes upon a
majority vote in favor. Other amendments may also be proposed; provided, that they do
not nullify the amendments already passed or attempt to amend a motion to amend a
motion to amend.
5. Restatement of Motion. Before a vote is taken on a motion, it must be restated by the
presiding officer or the City Recorder.
6. Voting
a. When a question or motion is put to a vote by the presiding officer, each Councilor
present must vote for or against the motion unless a majority of the Council excuses that
Councilor from so doing. Unless excused from voting, a Councilor who is present and
does not vote for or against the motion shall be counted as having cast a negative vote.
The Mayor can only vote in the case of a tie, and then is required to vote unless excused
from voting by a majority of the Councilors present. If the Mayor fails to vote when
required to do, the Mayor shall be counted as having cast a vote against the motion.
b. A simple majority of the quorum present determines the action on ordinance, or
resolution and on most motions. On questions required by City Charter, City Ordinances,
or applicable provisions of Robert’s Rules of Order Newly Revised to be decided by a
two-thirds vote of the Council, approval requires an affirmative vote of at least four (4)
Councilors.
7. Reconsideration. A member who voted in favor of any Council action may move for
reconsideration before adjournment of the meeting at which the action was approved or at the
next Regular Meeting, unless the item already has been approved or vetoed by the Mayor
pursuant to City Charter Article IV 4, Section 3 of the City Charter. The motion must be
seconded, is debatable if the action under reconsideration is debatable, is not amendable, and
passes upon a majority vote in favor. Any member may second a motion for reconsideration.
A motion to reconsider a Council action may be made only once. A vetoed item may not be
the subject of a motion for reconsideration.
SECTION 5. Ashland Municipal Code 2.04.050 is hereby amended as follows:
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2.04.050 Order of Business
The Mayor’s State of the City address shall occur in January of each year.
The Mayor or presiding officer may change the order of business on the agenda. The usual order
of business will be as follows:
A. Roll call.
B. Approval of minutes of the previous meeting. If there are no corrections or objections to the
minutes, they shall be considered approved; otherwise, to be approved by vote. The minutes as
approved shall be signed by the Mayor and City Recorder.
C. Special presentations, proclamations and awards. This item on the agenda is used to
acknowledge special recognition and awards given to the City or for the Mayor to announce
proclamations, which serve to encourage and educate the community. Proclamations shall be
made and placed on the agenda at the discretion of the Mayor. Requests for recognition under
this agenda item should be submitted in writing to the Mayor.
D. Public Forum.
1. Public forum is to precede the consent agenda unless public forum is moved to later in the
agenda of a particular meeting by decision of the Mayor or presiding officer or by temporary
suspension of the rules pursuant to AMC Section 2.04.010.E.
2. Members of the public may speak during public forum about any topic not on the agenda
for the same meeting. The agenda for public forum is fifteen (15) minutes, unless a majority
of the Council votes to extend the time. On behalf of the City, any Councilor may request
that any matter discussed during public forum be placed on a future Council agenda.
3. Public forum is not to be used to provide or gather additional testimony or information on
a quasi-judicial matter. Public testimony will not be accepted on a matter subject to a public
hearing where the record has been closed if the matter is still pending.
4. Persons wishing to speak during public forum are to submit a “speaker request form”
prior to the commencement of the public forum and deliver the form to the City Recorder.
The Mayor or presiding officer is to inform the audience on requirements for submission of
the form. When possible and feasible, preference will be given the individuals who reside
within the City limits of Ashland. Persons who do not reside in the City may be placed at the
end of the list of those wishing to speak at public forum.
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E. Consent agenda. Routine business items may be listed by the City Manager Administrator
under this item, which shall be acted upon in its entirety, except that the Mayor or any member
of the Council may request that any item be moved to the regular agenda under the appropriate
section of business.
F. Public Hearings.
1. Public hearings shall conclude at 8:00 p.m. and be continued to a future date to be set by
the Council, unless the Council, by a two-thirds vote of those present, extends the hearing(s)
until up to 9:30 p.m. at which time the Council shall set a date for continuance and shall
proceed with the balance of the agenda.
2. Not more than two (2) land-use appeal hearings shall be scheduled for any regular
meeting of the Council. The City Manager Administrator may, in the City Manager’s
administrator’s discretion, schedule additional legislative hearings depending on the
anticipated length of the Council meeting.
3. Persons wishing to speak at public hearings are to submit a “speaker request form” prior
to the commencement of the hearing and deliver the form to the City Recorder. The Mayor or
presiding officer is to inform the audience of this requirement to submit the form prior to the
commencement of the hearing. No testimony will be accepted on public hearings that have
been closed.
G. Public Testimony on Agenda Items.
1. Members of the public who wish to speak on an agenda item that is not the subject of a
public hearing at the same meeting (see subsection F. of this section regarding public hearing
testimony) may do so at the time set aside for that agenda item. If a member of the public or
a Council member has requested time to speak on a consent agenda item, the presiding
officer shall make time for a brief presentation by the requestor prior to the Council’s vote on
the consent agenda.
2. Persons wishing to speak on an agenda item are to submit a “speaker request form” prior
to Council consideration of the agenda item and deliver the form to the City Recorder. The
Mayor or presiding officer is to inform the audience on requirements for submission of the
form.
3. The presiding officer will set time limits for people who ask to speak on agenda items. In
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general, the time limits should be set to enable all people who wish to present testimony.
Time limits shall not be so short as to not allow speakers to address their topics.
H. Unfinished business.
I. New business.
J. Ordinances, Resolutions and Contracts.
1. Every ordinance is to be enacted in accordance with Article X of the City Charter. Copies
of the ordinance shall be e-mailed to Council members and the Mayor at least fourteen (14)
days prior to the meeting. Council members may review the ordinance and forward
suggestions for changes to the City Attorney for consideration. Minor changes may be
incorporated;, substantive changes will be considered at the time of first reading. Any
substantive changes to the ordinance must be verbally noted at first reading. Council
members must submit comments to the City Attorney no later than 12:00 noon on the
Wednesday prior to Council meeting. Lengthy ordinances may be read by title only at
Council meetings if the ordinance title has been published in the local paper at least seven (7)
days in advance of the Council meeting.
2. Resolutions may be placed on the consent agenda and voted upon. Resolutions do not
require a roll-call vote.
3. The voting on all ordinances may be by roll-call vote and recorded in the minutes showing
those numbers voting for and those voting against.
K. Other business from Council members.
SECTION 6. Ashland Municipal Code 2.04.080 is hereby amended as follows:
2.04.080 Conduct with City Employees
The City Council will work with City staff in a spirit of teamwork and mutual cooperation.
A. Councilors may make inquiries of staff to increase their understanding of an issue or action.
Councilors should limit requests for information from staff to questions that may be answered
with minimal research. Requests that require significant staff time or resources (two hours or
more) should be directed to the City Manager Administrator and must be approved by the
Mayor, City Manager Administrator, City Attorney or by a majority vote of the City Council.
B. Written information given by the Mayor, Councilors, City Manager Administrator, City
Attorney, or City Staff, including materials requested by individual Councilors and the Mayor,
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generally will be distributed to all Councilors with a notation indicating who has requested that
the information be provided.
C. Individual Councilors should respect the separation between policy-making and
administration. Councilors shall not pressure or direct City employees in a way that could
contravene the will of the Council as a whole or limits the options of the council. Councilors
must not interfere with work performance, undermine the authority of supervisors, or prevent the
full Council from having access to relevant information. Notwithstanding this paragraph, nothing
shall hamper the Council’s ability to evaluate the performance of the City Manager
Administrator or the City Attorney.
D. The Mayor and council members should strive not to criticize any person in a public meeting
or in public electronic mail messages. The same expectation applies to City staff in the exercise
of their official duties. Discussions and disagreements should focus on the content of the topic at
hand. Nothing should limit a Councilor or staff person’s right to report wrongdoing.
E. Councilors with a concern about the performance of a particular staff person should express
that concern to the Mayor, City Manager Administrator, City Attorney.
SECTION 7. Ashland Municipal Code 2.18.010 is hereby amended as follows:
2.18.010 Established Membership
The Commission is established and shall consist of nine (9) voting members including one
representative of the solid waste franchisee for the City; and one representative from Southern
Oregon University; and one representative from the Ashland School District and six (6) other
voting members. At least five (5) of the other members shall reside within the City. The primary
staff liaison shall be appointed by the City Manager Administrator and shall serve as Secretary
of the Commission. Voting members shall be appointed by the Mayor with confirmation by the
City Council.
SECTION 8. Ashland Municipal Code 2.28.020 is hereby amended as follows:
2.28.020 City Manager Administrator – Executive Department created
An A City Executive Administrator Department of the City is created, under the direct control
and supervision management of the City Manager Administrator, and shall consist of the
City Manager Administrator, the employees provided for by the position classification plan or
a position ordinance, and such other employees as the City Manager Administrator may assign
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to said Executive Department.
SECTION 9. Ashland Municipal Code 2.28.030 is hereby amended as follows:
2.28.030 City Manager Administrator - Duties - Generally
The City Manager Administrator shall have the duties, responsibilities, authorities, and
jurisdictions provided by the City Charter, the ordinances and resolutions adopted by the
Council, and the laws of the state wherein they relate to the administration of the City. With
City Council acknowledgment, the The City Manager Administrator is the chief executive
and administrative head of the City and is hereby empowered to make such rules and
regulations for the conduct of the various administrative departments of the City as may be
deemed necessary from time to time.
SECTION 10. Ashland Municipal Code 2.28.040 is hereby amended as follows:
2.28.040 City Manager Administrator - Administrative responsibilities
The City Manager Administrator shall have responsibility for the general administrative
coordination of all City departments except for those officers and employees of the Ashland
Parks & Recreation Department. The City Administrator shall have the right to submit
recommendations to the Mayor, with confirmation by the City Council, as to the
appointment or dismissal of any principal officer or Department head. The Mayor and City
Council, City Manager Administrator, or the appropriate Department head, may directly
appoint or dismiss any subordinate employee.
SECTION 11. Ashland Municipal Code 2.28.045 is hereby amended as follows:
2.28.045 City Manager Administrator - Delegated Duties
A. Acceptance of real property, or interest therein. Except when a public hearing before the
governing body is required by state or local law, the City Council hereby authorizes and
delegates to the City Manager Administrator the authority to indicate, for purposes of
recording in Official Deed records, the City of Ashland’s acceptance of real property title or an
interest in real property pursuant to ORS 93.808. The City Manager Administrator may
execute an instrument conveying fee title to the City or conveying any interest in real property to
the City, after approval of the form by the City Attorney and approval of the description of the
property by the City Surveyor. City acceptance shall be in substantially the following form:
CITY ACCEPTANCE (ORS 93.808):
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City of Ashland, Grantee
By: _______________________________________
City Manager Administrator
City of Ashland, Oregon
State of Oregon )
) ss._________________________, 20 __
Jackson County )
The foregoing instrument was acknowledged before me this _________ day of 20_______,
by __________________________, as City Manager Administrator of the City of
Ashland.
____________________________
Notary Public for Oregon
My commission expires: ___________
B. Renewal of intergovernmental agreements. The City Council hereby delegates its authority to
renew intergovernmental agreements to the City Manager Administrator when:
1. state or local law does not require a public hearing before the governing body; and
2. the terms of the intergovernmental agreement will be modified in accordance with the
agreement initial agreement, or the annual costs to the City will not be more than twenty-
five percent (25%) greater than those in the initial agreement, and all other terms will remain
the same; and
3. the renewal is approved by the City Attorney and the department head that is affected by
the renewal.
C. Execute Real Property Leases. The City Council hereby delegates its authority to enter into
month-to-month leases of real property to the City Manager Administrator, including, but not
limited to, airport hangar leases, provided the written agreement order entering into the lease of
real property is approved by the City Attorney and the department head that is affected by the
agreement order. The City Council retains its authority to enter into all other real property
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leases of any duration.
D. Waiver of Penalties and Interest for Late Tax Payments. The City Council hereby delegates
its authority to waive penalties and interest for certain late tax payments to the City Manager
Administrator under only the following circumstances:
1. the waiver of penalties and interest concerns either a tax owed under AMC Chapter 4.24
[Transient Occupancy Tax] or under AMC Chapter 4.34 [Food and Beverage Tax]; , and
2. the operator submits a report that is complete and paid in full no more than seventy-two
(72) hours or three (3) work days delinquent, whichever is longer; , and
3. the operator has reported and paid all monies (including food and beverage and transient
occupancy tax) due to the City on or before the due date for each reporting period for the
each of the prior twenty-four (24) consecutive months or eight (8) consecutive quarters; , and
4. the operator has not been the subject of a Food and Beverage tax or Transient Occupancy
tax audit where the City found the operator’s record keeping, reporting or remitting deficient,
during the prior twenty-four (24) consecutive months or eight (8) consecutive quarters; , and
5. the written order granting the waiver is approved by the City Attorney and the department
head that is affected by the order.
E. The City Manager Administrator shall biannually report to the City Council on the matters
executed pursuant to this chapter.
SECTION 12. Ashland Municipal Code 2.28.060 is hereby amended as follows:
2.28.060 Cemetery Department – Created
A Cemetery Department is hereby created which is under the direction of the Director of Public
Works Finance and Administrative Services, and consists of such employees authorized by
the position classification plan or City budget, and such other employees as the City Manager
Administrator may assign to said Department.
SECTION 13. Ashland Municipal Code 2.28.080 is hereby amended as follows:
2.28.080 Electric Utilities Department – Created
An Electric Utilities Department is hereby created which is under the direction of the Director
of the Electric Department Utilities, and consists of such employees authorized by the position
classification plan or City budget, and such other employees as the City Manager
Administrator may assign to said Department.
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SECTION 14. Ashland Municipal Code 2.28.090 is hereby amended as follows:
2.28.090 Electric Utilites Department – Director
The Director of the Electric Department Utilities, subject to the approval of the City Manager
Administrator and City Council, shall organize and maintain such divisions in said Department
as the operation may, in the judgment of the Director, require. The Director of the Electric
Department Utilities shall be responsible for the general supervision and control of all divisions
of said Department and for the performance of the functions herein assigned to said Department.
SECTION 15. Ashland Municipal Code 2.28.110 is hereby amended as follows:
2.28.110 Finance Department – Created [Editorially altered per request of the City
Attorney dated 9/5/73 (Exhibit D); prior ordinance history: Ordinance 1399
§10, §11, and §12]
A Finance Department is hereby created which is under the direction of the Director of Finance,
and consists of such employees authorized by the position classification plan or City budget, and
such other employees as the City Manager Administrator may assign to said Department.
SECTION 16. Ashland Municipal Code 2.28.120 is hereby amended as follows:
2.28.120 Finance Department – Director and Administrative Services – Duties
The Director of Finance, subject to the approval of the City Manager Administrator and City
Council, shall organize and maintain such divisions in said Department as the operation may, in
the judgment of the Director, require. The Director of Finance shall be responsible for the
general supervision and control of all divisions of said Department and for the performance of
the functions herein assigned to said Department.
SECTION 17. Ashland Municipal Code 2.28.140 is hereby amended as follows:
2.28.140 Fire Department - Created
A Fire Department is hereby created which is under the direction of the Fire Chief, and consists
of such employees provided for by the position classification plan or City budget, and such other
employees as the City Manager Administrator may assign to said Department.
SECTION 18. Ashland Municipal Code 2.28.150 is hereby amended as follows:
2.28.150 Fire Chief – Duties
The Fire Chief, subject to the approval of the City Manager Administrator and City Council,
shall organize and maintain such divisions in said Department as the operations may, in the
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judgment of the Fire Chief, require. The Fire Chief shall be responsible for the supervision and
control of all divisions of said Department and for the performance of the functions herein
assigned to said Department. The Fire Chief shall have control and management of all officers,
members, equipment, and functions of the Fire Department. The Fire Chief shall have authority
to adopt rules and regulations for the administration, discipline, equipment, and uniforms of
members and officers of the Department, fixing the powers and duties and prescribing penalties
for violations of any such rules and regulations and providing for their enforcement.
SECTION 19. Ashland Municipal Code 2.28.160 is hereby amended as follows:
2.28.160 Fire Department - Functions
The functions of the Fire Department are the prevention and extinguishment of fires; the
enforcement of all laws and ordinances relating to the prevention and extinguishment of fires and
storage, sale, and use of oils, combustible materials and explosives; the investigation of the
causes of all fires and the reporting of the same to the Police Department in all cases where there
is reason to believe that any fire is the result of a crime or that a crime has been committed in
connection therewith; the inspection of all hydrants, stand pipes, and other water supply systems;
the performance of disaster and mutual aid services in accordance with approved plans or
agreements; the performance of such other functions as may be assigned by the City Manager
Administrator or prescribed by ordinance of the City Council or by applicable State law.
SECTION 20. Ashland Municipal Code 2.28.180 is hereby amended as follows:
2.28.180 Municipal Court Department - Created
A Municipal Court Department is hereby created which is under the direction of the elected
Municipal Judge, and consists of such employees provided for by the position classification plan
or City budget, and such other employees as the City Manager Administrator may assign to
said Department.
SECTION 21. Ashland Municipal Code 2.28.200 is hereby amended as follows:
2.28.200 Municipal Judge – Pro tempore
The Mayor, with confirmation by the City Council, shall appoint a Municipal Judge Pro tempore,
who shall serve as Municipal Judge in the absence from the City of the elected Municipal Judge,
or due to the inability of said elected Judge to serve. The Municipal Judge shall have a right to
submit recommendations as to the appointment or dismissal of the Municipal Judge Pro tempore,
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however, this shall not limit the Mayor’s power to appoint or dismiss. The Municipal Judge Pro
tempore shall be employed at the expense of the City upon such terms as are prescribed by the
Council or City Manager Administrator.
SECTION 22. Ashland Municipal Code 2.28.220 is hereby amended as follows:
2.28.220 Legal Department City Attorney - Created
A Legal Department is hereby created which shall be under the direction of the City Attorney,
and shall consist of such employees provided for by the position classification plan or City
budget, and such other employees as the City Manager Administrator may assign to said
Department.
SECTION 23. Ashland Municipal Code 2.28.230 is hereby amended as follows:
2.28.230 City Attorney – Duties – Legal
The City Attorney shall prosecute and defend for the City all actions at law or in equity, and all
special proceedings for or against the City. The City Attorney shall commence any legal
proceedings when directed to do so by the City Manager Administrator or City Council, and
shall give legal advice, in writing, to the Mayor, the City Council, the City Manager
Administrator, Department heads, and Boards and Commissions when requested to do so by
them, upon questions of law arising in their separate Departments involving the rights and
liabilities of the City. The City Attorney shall not settle or dismiss any litigation for or against
the City or take an appeal to any appellate court unless instructed to do so by the City Manager
Administrator or City Council.
SECTION 24. Ashland Municipal Code 2.28.240 is hereby amended as follows:
2.28.240 City Attorney – Duties – Responsibilities to Council
The City Attorney shall draw such ordinances, resolutions, and contracts, or other instruments,
as shall be requested by the Council or the City Manager Administrator, and shall attend the
meetings of the Council when requested to do so by the Mayor, the Council or the City Manager
Administrator.
SECTION 25. Ashland Municipal Code 2.28.250 is hereby amended as follows:
2.28.250 City Attorney – Substitute Counsel
Whenever, in the opinion of the City Attorney, the City Manager Administrator, or the City
Council, the interests of the City require it, assistant or substitute counsel may be employed at
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the expense of the City, upon such terms as are prescribed by the Council or City Manager
Administrator.
SECTION 26. Ashland Municipal Code 2.28.280 is hereby amended as follows:
2.28.280 Police Department - Created
A Police Department is hereby created which is under the direction of the Chief of Police, and
consists of such employees provided for by the position classification plan or City budget, and
such other employees as the City Manager Administrator may assign to said Department.
SECTION 27. Ashland Municipal Code 2.28.290 is hereby amended as follows:
2.28.290 Police Chief - Duties
The Chief of Police, subject to the approval of the City Manager Administrator and City
Council, shall organize and maintain such divisions in said Department as the operations may, in
the judgment of the Chief, require, and shall be responsible for the supervision and control of all
divisions of said Department and for performance of the functions herein assigned to said
Department. The Chief of Police shall, in the lawful exercise of the duties of Police Chief, and
subject to the provisions of the City Charter, have all the powers that are now or hereafter may
be conferred upon sheriffs by the laws of the State, and shall be entitled to the same protection.
SECTION 28. Ashland Municipal Code 2.28.310 is hereby amended as follows:
2.28.310 Police Department - Functions
The functions of the Police Department are the maintenance of law and order in the City; the
enforcement in the City of all laws of the United States and of the State, and all ordinances of the
City, except when such enforcement is by such law, ordinance or charter of the City made the
responsibility of another officer or Department, or when such enforcement is the responsibility of
a State or Federal agency or officer; the administration of the City lockup and the care, custody
and control of prisoners; the performance of such other functions as may be assigned by the City
Manager Administrator or prescribed by ordinance of the Council or by applicable State law.
SECTION 29. Ashland Municipal Code 2.28.320 is hereby amended as follows:
2.28.320 Public Works Department – Created
A Public Works Department is hereby created which is under the direction of the Director of
Public Works, and consists of such employees provided for in the position classification plan or a
City budget, and such other employees as may be assigned by the City Manager Administrator
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to said Department.
SECTION 30. Ashland Municipal Code 2.28.330 is hereby amended as follows:
2.28.330 Public Works Director - Duties
The Director of Public Works, subject to the approval of the City Manager Administrator and
City Council, shall organize and maintain such divisions in said Department as the operations
may, in the judgment of the Director, require and shall be responsible for the supervision and
control of all divisions of said Department and for the functions herein assigned to said
Department. The Director of Public Works shall be ex officio City Engineer, ex officio Street
Commissioner, and ex officio Water Superintendent.
SECTION 31. Ashland Municipal Code 2.28.350 is hereby amended as follows:
2.28.350 Community Development Department – Created
A Community Development Department is hereby created which is under the direction of the
Director of Community Development Planning, and consists of such employees provided for
by the position classification plan or City budget, and such other employees as the City Manager
Administrator may assign to said Department.
SECTION 32. Ashland Municipal Code 2.28.352 is hereby amended as follows:
2.28.352 Director of Community Development Planning – Duties
The Director of Community Development Planning, subject to the approval of the City
Manager Administrator and City Council, shall organize and maintain such divisions in said
Department as the operation may, in the judgment of the Director, require, and shall be
responsible for the supervision and control of all divisions of said Department and for the
performance of the functions herein assigned to said Department. The Director of Community
Development Planning shall be the ex officio Secretary to the Planning Commission, Historic
Commission, Economic Development Commission, and Citizens Planning Advisory Committee.
SECTION 33. Ashland Municipal Code 2.28.360 is hereby amended as follows:
2.28.360 Department and Division Duties – Generally
The officers and employees of the divisions and departments shall perform such other duties as
may be required of them by the City Charter, laws or ordinances of the City, and such other or
further duties as may be required from time to time by the person having direct charge of the
division or Department, or by the City Manager Administrator, or the City Council.
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SECTION 34. Ashland Municipal Code 2.30.010 is hereby amended as follows:
2.30.010 Definitions
A. City Recorder. The person holding the position of city recorder for the City of Ashland.
B. Day. Unless otherwise specified “Days” means calendar days.
A C. Department Head. The person holding the position of department head for any
department of the City of Ashland, or any agent, employee, or designee of the Department Head
authorized to perform the duties of the Department Head head by express written delegation of
the Department Head.
B D. Director. The person holding the position of director for any department of the City of
Ashland, or any agent, employee, or designee authorized to perform the duties of the director by
express delegation of the director.
C E. Hearings Officer. The City Manager Administrator or an outside party not affiliated
with the City of Ashland that is hired or selected by the City Manager Administrator or City
Attorney to conduct a hearing on an appeal. an appeals proceeding.
SECTION 35. Ashland Municipal Code 2.50.040 is hereby amended as follows:
2.50.040 Definitions
Words and phrases that are used and defined in the Model Rules and the Oregon Public
Contracting Code shall have the same meaning as in those statutes and rules, except for the
following:
A. “City Attorney” shall mean the Ashland City Attorney or his/her designee as specified by
written order.
B. “Department” shall mean City of Ashland instead of Oregon Department of Administrative
Services.
C. “Director” shall mean Public Contracting Officer as defined in this section instead of the
Director of Administrative Services.
D. “Findings” are the statements of fact that provide justification for a determination. Findings
may include, but are not limited to, information regarding operation, budget and financial data;
public benefits; cost savings; competition in public contracts; quality and aesthetic
considerations; value engineering; specialized expertise needed; public safety; market
conditions; technical complexity; availability; performance and funding sources.
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E. “Finance Director” shall mean the Ashland Finance Director of the City’s Finance
Department or his/her designee as specified by written order.
F. “Local Contract Review Board” shall mean the Ashland City Council.
G. “Public Contracting Officer” means the City Manager Administrator or his/her designee as
specified by written order.
H. “Model Rules” means the public contracting rules adopted by the Attorney General pursuant
to under ORS 279A.065 and adopted by AMC 2.50.030.
I. “Oregon Public Contracting Code” means ORS Chapters 279A, 279B and 279C.
J. “Personal services contract” means a contract with an independent contractor predominantly
for services that require special training or certification, skill, technical, creative, professional or
communication skills or talents, unique and specialized knowledge, or the exercise of judgment
skills, and for which the quality of the service depends on attributes that are unique to the service
provider. Such services include, but are not limited to, the services of architects, engineers, land
surveyors, attorneys, auditors and other licensed professionals, artists, designers, computer
programmers, performers, consultants and property managers. The Public Contracting Officer
shall have discretion to determine whether additional types of services not specifically mentioned
in this paragraph fit within the definition of personal services.
SECTION 36. Ashland Municipal Code 2.54.020 is hereby amended as follows:
2.54.020 Definitions
The following definitions shall apply to this chapter:
A. “Bid” means a competitive offer to purchase advertised Surplus Property at a price specified
by the bidder.
B. “Cash” means U.S. currency, cashier’s checks, and money orders made payable to the City of
Ashland.
C. “Employee’s Household” means all persons residing with employee.
D. “Employee’s Immediate Family” mean the children, step-children, parents, stepparents,
grandparents and spouse of employee.
E. “Invitation to Bid” means a competitive offer to bid on Surplus Property available for public
sale and is also known as a bid advertisement.
F. “Not-for-profit organization” means a nonprofit corporation as defined in ORS 307.130.
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G. “Political Subdivision” means divisions or units of Oregon local government having separate
autonomy such as Oregon counties, cities, municipalities or other public corporate entities
having local governing authority.
H. “Purchasing Agent” means the City Manager Administrator or the City Manager’s his or
her designee.
I. “State agency” means every state officer, board, commission, department, institution, branch
or agency of state government whose costs are paid wholly or in part from funds held in the State
Treasury, and includes the Legislative Assembly and the courts, including the officers and
committees of both, and the Secretary of State and the State Treasurer in the performance of the
duties of their constitutional offices as defined in ORS 279A.250(4).
J. “Surplus Property” means all personal property, vehicles and titled equipment property
designated as surplus for sale to state agencies, political subdivisions of the State, and private
not-for-profit organizations or the general public or any combination thereof.
SECTION 37. Ashland Municipal Code 2.56.025 is hereby amended as follows:
2.56.025 Powers and Duties Generally
The powers, duties and responsibilities of the Ashland Band Board shall be as follows:
A. General supervision and control over the Ashland City Band
B. When requested, report at least annually to the mayor and City Council regarding of the
activities of the band.
C. On or prior to December 15 of each year, report to City Manager Administrator as to the
activities and welfare of the band.
D. Determine compensation for the band director and members in accordance with the band’s
approved budget.
SECTION 38. Ashland Municipal Code 2.56.030 is hereby amended as follows:
2.56.030 Director Appointment, Duties, Compensation
A. Upon recommendation of the Band Board, the City Manager Administrator shall appoint a
band director.
B. The director shall:
1. Promote, organize and direct the Ashland City Band;
2. Select the musicians for the band,
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3. Appoint a band secretary who shall keep minutes of all band board meetings, records of
the organization and shall particularly keep a careful and accurate record of attendance by all
members. The secretary shall serve at the pleasure of the director and perform such other
duties as may be assigned by the director.
4. Appoint a band librarian, who shall have charge of and shall carefully keep all the sheet
music now owned or hereafter acquired by band. The librarian shall keep proper and
complete records of all property placed in the librarian’s custody and shall make a proper
inventory and accounting thereof at the end of the year. The librarian shall serve at the
pleasure of the director and perform such other duties as may be assigned by the director.
5. Appoint a quartermaster who shall have charge of and shall carefully keep all band
uniforms and other property which is now owned or may hereafter be acquired by the band.
The quartermaster shall serve at the pleasure of the director and perform such other duties as
may be assigned by the director.
6. Perform such other services as may be reasonably requested by the band board
SECTION 39. Ashland Municipal Code 2.62.020 is hereby amended as follows:
2.62.020 Responsibilities of City Manager City Administrator Responsibility
The City Manager administrator is responsible for implementation of the Emergency
Management Plan. When the City Manager administrator determines that a state of emergency
exists, the City Manager administrator shall make a declaration to that effect and request the
mayor to call a special meeting of the Council in order to ratify the declaration of emergency.
The special meeting of the Council shall occur as soon as possible after the declaration of
emergency. Notwithstanding AMC 2.04.020 section 2.04.110, notice of the special meeting
need not be written and need not be delivered at least seventy-two (72) 36 hours in advance.
SECTION 40. Ashland Municipal Code 2.62.030 is hereby amended as follows:
2.62.030 Declaration and Ratification of Emergency
A. The declaration by the City Manager Administrator of a state of emergency shall:
1. State the nature of the emergency.
2. Designate the geographical boundaries of the area subject to the emergency controls.
3. State the duration of time during which the area so designated shall remain an
emergency area.
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4. State any special regulations imposed as a result of the state of emergency.
B. The ratification by the council may also authorize additional specific emergency powers for
the duration of the emergency period set forth in the declaration.
SECTION 41. Ashland Municipal Code 2.62.040 is hereby amended as follows:
2.62.040 Authority of City Manager Administrator
During a declared emergency, the City Manager Administrator shall have authority to:
A. Exercise, within the area designated in the proclamation, all police powers vested in the City
by the Oregon Constitution, city charter and city ordinances in order to reduce the vulnerability
of the City to loss of life, injury to persons or property and human suffering and financial loss
resulting from emergencies, and to provide for recovery and relief assistance for the victims of
emergencies.
B. Direct any department of the City to utilize and employ city personnel, equipment and
facilities for the performance of any activities designed to prevent or alleviate actual or
threatened damage due to the emergency, and may direct the departments to provide
supplemental services and equipment to federal, state or local agencies to restore any services in
order to provide for the health and safety of the citizens of the City.
C. Designate persons to coordinate the work of public and private relief agencies operating in
such area and exclude from such area any person or agency refusing to cooperate with and work
under such coordinator or to cooperate with other agencies engaged in emergency work.
D. Require the aid and assistance of any state or other public or quasi-public agencies in the
performance of duties and work attendant upon the emergency conditions in such area.
E. Clear or remove from publicly or privately owned land or water, debris and wreckage which
may threaten public health or safety, or public or private property.
1. In exercising this authority the City Manager administrator may:
a. Accept funds from the federal government or the State of Oregon for the purpose of
removing debris or wreckage from publicly or privately owned land or water.
b. Present to the State of Oregon unconditional authorization for removal of such debris
or wreckage from public and private property and, in the case of removal of
debris or wreckage from private property, agree to indemnify the state government
against any claim arising from such removal.
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2. Whenever the City Manager administrator provides for clearance of debris or wreckage
pursuant to this section, employees of the City or individuals appointed by the City Manager
administrator are authorized to enter upon private lands or waters and perform any tasks
necessary to the removal or clearance operation.
3. Except in cases of willful misconduct, gross negligence or bad faith, any employee or
individual appointed by the City Manager administrator authorized to perform duties
necessary to the removal of debris or wreckage shall not be liable for death of or injury to
persons or damage to property.
SECTION 42. Ashland Municipal Code 2.62.050 is hereby amended as follows:
2.62.050 Regulations of Persons and Property
When a state of emergency is declared to exist and has been ratified, the City Manager
administrator:
A. May order the following measures in the interest of the public health, safety, or welfare, in
the area designated as an emergency area:
1. Redirect city funds for emergency use and suspend standard city procurement
procedures.
2. Establish a curfew that fixes the hours during which all other than officially authorized
personnel may be upon the public streets or other public places.
3. Prohibit or limit the number of persons who may gather or congregate upon any public
street, public place, or any outdoor place.
4. Barricade streets and prohibit vehicular or pedestrian traffic, or regulate the traffic on
any public street leading to the emergency area for such distance as necessary under the
circumstances.
5. Evacuate persons.
6. Prohibit the sale of alcoholic beverages.
7. Prohibit or restrict the sale of gasoline, or other flammable liquids.
8. Prohibit the sale, carrying, or possession of any weapons or explosives of any kind on
public streets, public places, or any outdoor place.
9. Curtail or suspend commercial activity.
10. Turn off water, gas, or electricity.
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11. Control, restrict and regulate by rationing, freezing, use of quotas, prohibitions on
shipments, price fixing, allocation or other means, the use, sale or distribution of food, fuel,
clothing and other commodities, materials, goods and services.
12. Close all roads and highways in such area to traffic or limit the travel on such roads to
such extent as the City Manager administrator deems necessary and expedient.
13. Order such other measures necessary for the protection of life or property, or for the
recovery from the emergency.
B. All orders issued under authority conferred by this section shall have the full force and effect
of law during the declaration of a state of emergency. All existing laws, ordinances, rules and
orders inconsistent with this chapter shall be inoperative during this period of time and to the
extent such inconsistencies exist.
SECTION 43. Ashland Municipal Code 2.62.060 is hereby amended as follows:
2.62.060 Additional Powers During Emergency
During the existence of an emergency, the City Manager administrator may:
A. Enter into purchase, lease or other arrangements with any agency of the United States or the
State of Oregon for temporary housing units to be occupied by disaster victims.
B. Accept or borrow funds from or passed through by the State of Oregon for temporary
housing for disaster victims.
C. Upon determination that the City will suffer a substantial loss of tax and other revenues from
a major disaster and that there is a demonstrated need for financial assistance to perform its
governmental functions, apply to the federal and state government, or request the state to apply
on the City’s behalf, for grants and loans and to receive, on behalf of the City, such grants and
loans.
D. Determine the amount needed to restore or resume the City’s governmental functions, and to
certify the same to the State of Oregon or the federal government.
SECTION 44. Ashland Municipal Code 2.62.070 is hereby amended as follows:
2.62.070 Termination of State of Emergency
The City Manager administrator shall terminate the state of emergency by proclamation when
the emergency no longer exists, or when the threat of an emergency has passed. The state of
emergency proclaimed by the City Manager administrator may be terminated at any time by
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the City Council council.
SECTION 45. Ashland Municipal Code 3.08.010 is hereby amended as follows:
3.08.010 General Personnel Policies Purpose
A. Statement of Purpose. The purpose of these general policies is to maintain a high level of
support for efficient and effective City service through systematic and uniform application of
professional personnel practices. The fundamental objectives of these policies are to:
1. Maintain high ethical standards in local government.
2. Promote economy, efficiency, and effectiveness in the City service.
3. Maintain a uniform job classification plan based upon the relative duties and
responsibilities of positions in the City service.
4. Provide fair and equal opportunity to all persons who enter City service, regardless of
race, color, creed, national origin, sex, sexual orientation, age, religious, or political belief
through proper personnel administration.
5. Promote high morale among City employees by providing good working conditions and
opportunity for advancement.
6. Develop a program of recruitment, advancement and tenure that will make City service
attractive as a career and encourage employees to give their best service to the City.
B. Scope and Coverage. These personnel policies shall apply to all employees of the City of
Ashland. AMC Section 3.08.020 contains policies also applicable to elected officials and
appointive officers. These policies are in addition to and in no way replace, modify or infringe
upon existing union contracts or other agreements between the City and its employees. Any
existing employee union contract or agreement with a nonunion employee group is hereby
incorporated by reference as further statement of the City’s personnel policy with regard to
wages, hours and conditions of employment. In the event of a conflict between these policies and
a collective bargaining agreement, the terms of the collective bargaining agreement shall prevail.
C. Definitions of Terms.
1. Confidential employee. As defined in ORS 243.650(6), a confidential employee is one
who assists and acts in a confidential capacity to a person who formulates, determines, and
effectuates management policies in the area of collective bargaining. Confidential employees
are paid hourly for work performed and they are subject to payment for overtime according
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to the Fair Labor Standards Act.
2. Department Head. A person directly responsible to the City Manager Administrator,
Mayor or City Council for the administration of a department. Department Heads are exempt
from overtime payment.
3. Division Manager. A person directly responsible to a Department Head or the City
Manager Administrator for the operational functions of a City department or division.
Division Managers are exempt from overtime payment.
4. Mid-Level Supervisor. A person reporting to a Division Manager or Department Head
who may receive overtime payment for work outside his/her normal scope and duties. Mid-
level supervisory positions require autonomy, independent decision making, planning, and
may provide supervision to other personnel.
5. Employee. A nonelected person who is hired and paid a wage or salary to work for the
City who has completed the probationary period.
6. Management employee or Manager. The City Manager Administrator, Department
Head, or a supervisor, as defined below.
7. Probationary Employee. A person appointed to a regular position but who has not
completed a probationary period during which the employee is required to demonstrate
fitness for the position by actual performance of the duties of the position.
8. Supervisor. Any person responsible to a higher divisional or departmental level authority
who directs the work of others and who is not in a collective bargaining unit.
9. Lead Worker. Any person assigned with oversight or leadership over a project or
workgroup for a specific duration. A lead worker may control resources and direct work
activities to achieve a desired outcome through peer direction, but he or she does not have
full supervisory authority.
10. Public Official. Any person holding public office as a paid employee, appointed or
elected official. For the purpose of this chapter, paid employee is a public official and
appointed or elected officials are public officials whether or not they are paid.
11. Temporary Employee. An employee who has been hired by the City to work for a period
not to exceed 18 months. Some temporary positions may also be limited duration positions.
12. Seasonal Employee. An employee hired for the purpose of meeting short-term work load
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needs of the City. Seasonal employment shall not normally exceed 1,036 hours per fiscal year.
13. Limited Duration Position. A position funded by a discrete revenue source with a known
expiration date. An employee in a limited duration position may be terminated on the date the
funding expires, and such termination shall be considered a voluntary termination. Based upon
the terms of the funding source, the conditions of compensation and benefits may differ from the
compensation and benefits payable to regular City employees performing substantially similar
work. The term of employment of an individual in a limited duration position may exceed
eighteen (18) months without conferring with the individual. The City may, in its sole discretion
and based upon additional discrete revenue, extend the term of employment past the initial
funding expiration date and such extension shall not change the limited duration status of the
employee.
14. On-Call Employee. An employee who does not have regular hours of work or a regularly
assigned work schedule and who is available to work on an as-needed basis. There is no
guarantee of any hours of work for any on-call employee.
15. Part-time Employee. An employee who works less than 40 hours per week.
16. Hourly Employee. An employee who works less than half-time on a year-round basis.
SECTION 46. Ashland Municipal Code 3.08.020 is amended to read as follows:
3.08.020 Code of Ethics
A. Declaration of Policy. The proper operation of democratic government requires that public
officials, including elected officials, appointed officials and employees be independent, impartial
and responsible to the people; that governmental decisions and policy be made in the proper
channels of the governmental structure; that public office not be used for personal gain; and that
the 'public have confidence in the integrity of its government. In recognition of these goals, there
is hereby established a Code of Ethics applicable to all public officials, whether paid or unpaid,
including members of Regular or ad hoc boards, commissions, or committees filled by
appointment by the Mayor or members of the City Council.
The purpose of this Code of Ethics is to establish ethical standards of conduct for all public
officials by setting forth those acts or actions that are incompatible with the best interests of the
City of Ashland. It is also the purpose of this Code to assist public officials in determining the
proper course of action when faced with uncertainty regarding the propriety of a contemplated
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action, thereby preventing them from unwittingly entangling public and private interests.
Through adoption of this Code the City hereby expresses its intent to maintain high ethical
standards in the City service, and to increase public confidence in the integrity of City public
officials. The provisions of ORS Chapter 244 (“Government Ethics Law”) as it currently exists
or may from time to time be amended are incorporated by reference herein. A violation of any
provision of ORS Chapter 244 shall be considered a violation of this Code of Ethics.
B. Responsibilities of Public Office. Public officials are agents of public purpose and are
engaged for the benefit of the public. They are bound to uphold the Constitution of the United
States and the Constitution of this State and to carry out impartially the laws of the nation, state
and the City, and thus to foster respect for all government. They are bound to observe in their
official acts the highest standards of morality and to discharge faithfully the duties of their office
regardless of personal considerations, recognizing that the public interest must be their primary
concern.
C. Dedicated Service. All public officials of the City should work to support the political
objectives expressed by the electorate and the programs developed to attain those objectives.
Appointive Officials and employees should adhere to the rules of work and performance
established as the standard for their positions by the appropriate authority.
Public officials should not exceed their authority or breach the law or ask others to do so, and
they should work in full cooperation with other public officials unless prohibited from so doing
by law or by officially recognized confidentiality of their work.
D. Fair and Equal Treatment.
1. Interest in Appointments. Canvassing of members of the Council or Mayor, directly or
indirectly, in order to obtain preferential consideration in connection with any appointment to
the City service shall disqualify the candidate for appointment except with reference to
unpaid positions filled by appointment by the Mayor or Council.
2. Use of Public Property. No public official shall request or permit the use of city-owned
vehicles, equipment, materials or property for personal convenience or profit, except when
such services are available to the public generally or are provided as municipal policy for the
use of such employee in the conduct of official business or as a specifically defined benefit in
compensation of employment.
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3. Obligations to Citizens. No public official shall grant any special consideration, treatment
or advantage to any citizen beyond that which is available to every other citizen except as
otherwise permitted by law or ordinance.
E. Conflict of Interest.
1. Disclosure. No public official, whether paid or unpaid, shall take any action in the course
of his/her duties, the effect of which potentially or actually would be to the private financial
gain or loss of (a) the official, (b) any relative of the official or (c) those with whom the
official has a close business relationship, without first disclosing such potential or actual gain
or loss to the proper authority. Nor shall any public official, whether paid or unpaid, engage
in any business or participate in any proposed or current City transaction, contract, purchase
or sale which is potentially incompatible with the proper discharge of that public official’s
official duties or which would tend to impair independence of judgment or action in the
performance of that public officials’ official duties without first disclosing such potential or
actual incompatibility or impairment of independent judgment or action to the proper
authority. The requirements for such disclosure by elected and appointed officials and the
limits on their participation in discussion, debate, or voting on any issue out of which an
actual conflict arises shall be set forth in ORS 244.120(2), as it may be amended from time to
time and as it is interpreted by the Oregon Government Ethics Commission. For employees,
such disclosure shall be made in writing to the employee’s immediate supervisor and
Department Head. Any employee or appointed official who has a financial or other private
interest in a particular matter shall disclose the nature and extent of such interest on the
records of the Council before participating in Council discussion on or giving an official
opinion to the Council on the matter.
2. Transactions with the City. A public official acting in an official capacity shall not
recommend, approve, award, enter into or authorize a City transaction, contract, purchase or
sale to which one of the parties is (a) the public official acting in his or her own behalf, (b) a
relative of the official or (c) a business entity in which the official or a relative of the official
has a substantial or controlling interest.
3. Gifts. No public official shall solicit or accept gifts, favors, services, compensation,
retainers or promises of future employment from a source with a legislative or administrative
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interest in the performance of his/her official duties or in anticipation of official action to be
taken by the public official or by the City. For purposes of this provision, “gift” means
something of economic value given to a public official, a candidate or a relative or member
of the household of the public official. A public official may not accept a gift from a source
with a legislative or administrative interest in the public official’s official duties if the gift
has a value in excess of $50 or smaller gifts from a single source with an aggregate value
exceeding $50 in the course of a calendar year. Gifts received by City employees with a
value of less than $50 shall, to the extent practical, be shared with other City employees.
Public officials may accept gifts with de minimis value, such as caps, coffee mugs, pens and
paperweights, and are not expected to share such gifts.
4. Remuneration Contingent on City Action. No public official shall accept a retainer or
compensation that is contingent upon a specific action by the City.
5. Disclosure of Confidential Information. No public official shall, without proper legal
authorization, disclose confidential information concerning the property, government or
affairs of the City that is confidential or not readily available to the public. Nor shall any
public official use information that is confidential or not readily available to the public to
benefit private interests, including the official’s private interests, at the expense of or in
conflict with the public interest. Information that is public may not be readily available to the
public if a special request is required to obtain the information or if special knowledge, such
as that acquired as a public official, is needed to take advantage of the information.
6. Representing Private Interests before Courts or City Departments or Elected or
Appointed Bodies. No appointed official shall appear on behalf of a client for a fee or pro
bono before the board or commission to which that official is appointed. No employee whose
salary is paid in whole or in part by the City shall appear on behalf of private interests before
any department or elected or appointed body of the City. An employee shall not represent
private interests in any action or proceeding against the interests of the City in any litigation
to which the City is a party, unless the employee is representing himself/herself as a private
citizen on purely personal business.
7. Incompatible Employment. No employee shall engage in or accept employment from or
render services for another person or entity when such employment or service is
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incompatible with the proper discharge of that employee’s official duties for the City or
would tend to impair independence of judgment or action in the performance of that
employee’s official duties.
8. More Restrictive State Law Provisions. Nothing in this ordinance relieves or excuses
public officers and employees from compliance with more restrictive state laws applicable to
the particular public position. Planning Commissioners, for example, are subject to more
restrictive Conflict of Interest Provisions pursuant to ORS 244.135.
F. Political Activity. Employee involvement in certain political activities is protected under the
First Amendment. However, under Oregon and federal law, there are some restrictions on the
political activities of Oregon public employees. City employees are expected to be familiar with
and to comply with these laws as they currently exist or as amended.
Oregon law (ORS 260.432(2)) requires that: “No public employee shall solicit any money,
influence, service or other thing of value or to promote or oppose any political committee or to
promote or oppose the nomination or election of a candidate, the gathering of signatures on an
initiative, referendum or recall petition, the adoption of a measure or the recall of a public office
holder while on the job during working hours. However, this section does not restrict the right of
a public employee to express personal political views.”
The Hatch Act (federal law) further requires that employees whose principal job responsibilities
are financed in whole or in part from loans or grants made by the federal government may not
use their official influence to interfere with or affect the result of an election or a nomination for
office. An employee covered by the Act may not, either directly or indirectly, coerce or advise
another employee to contribute anything of value in any form whatsoever to any organization or
agency for political purposes.
The expression of personal political views while on the job during working hours is permitted
only to the extent that such expression does not interfere with the performance of the employee’s
duties or performance of the duties of other employees. While on the job, during working hours,
any comment or suggestion to fellow employees or the public to vote a certain way is prohibited,
even if it does not interfere with the performance of duties of the employee or other employees.
Politically related activities such as fundraising, soliciting volunteer help on political campaigns
or disseminating partisan election material is prohibited while on the job during working hours.
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No public official shall promise an appointment to any municipal position as a reward for any
political activity.
G. Applicability of City Code of Ethics and State Ethics Law; Responsibility for Defense. This
City ethics code shall be operative in all instances covered by its provisions except when
superseded by an applicable statute, ordinance or resolution which is mandatory or when the
application of a statute, ordinance or resolution provision is discretionary but determined to be
more appropriate or desirable. Full compliance with the City code of ethics and with Oregon’s
Government Ethics Law is the personal responsibility of each public official. The opinion of the
City Manager Administrator, the City Attorney, or the Mayor shall not be considered an
affirmative defense if a public official is charged by the Oregon Government Ethics Commission
with a violation of state Ethics Law. Any public official accused of violating the state Ethics Law
shall be solely responsible for the costs of his or her defense before the Oregon Government
Ethics Commission. If the charges are dismissed or determined to be unfounded, the City
Council, at its sole discretion, may elect to reimburse a public official for some or all of the costs
incurred by the official.
1. Employees. When an employee has doubt as to the applicability of a provision of this
ethics code or the Government Ethics Law to a particular situation, the employee should
apply to the City Manager Administrator, who is charged with the implementation of the
City’s ethics code for an advisory opinion, and be guided by that opinion when given. The
employee shall have the opportunity to present his or her interpretation of the facts at issue
and of the applicable provision(s) of the ethics code or Government Ethics Law before such
advisory decision is made. All such requests for advice shall be treated as confidential. The
City Manager Administrator may ask the City Attorney to provide an advisory opinion
based upon the facts presented, which opinion shall be subject to the attorney-client
privilege.
2. Appointed and Elected Officials. When an appointed official or an elected official has
doubt as to the applicability of a provision of ethics code or state Ethics Law to a particular
situation, he or she may seek an advisory opinion from the City Attorney. If an appointed or
elected official requests advice on an ethics question about that official’s actions or potential
actions, the opinion itself shall be subject to the attorney-client privilege and not be disclosed
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to the Mayor, Council members, or anyone other than the requesting official without the
official’s explicit approval.
3. The opinion of the City Manager Administrator or the City Attorney shall not be
considered an affirmative defense if a public official is charged by the Oregon Government
Ethics Commission with a violation of state Ethics Law.
H. Code of Ethics Definitions.
1. Employee - For the purposes of this section, “employee” shall mean one who is hired and
paid a wage or salary to work for the City other than elected or appointed officials.
2. Appointed Official - For the purposes of this section, “appointed official” shall mean a
person who is appointed to serve on one of the City’s boards or commissions and shall also
mean the City Manager Administrator and City Attorney.
3. Elected Official - For the purposes of this section, “elected official” shall mean one who
is elected by the registered voters of the City of Ashland to serve the City and shall include:
the Mayor, the City councilors, the City recorder, the municipal judge and the parks
commissioners.
4. Public Official - For purposes of this section, “public official” shall mean any employee,
appointed official or elected official.
5. Private Interests - The interests, including but not limited to financial interests, of discrete
individuals or entities, as distinct from the interests of the City as a whole or the interests of
its citizens in general.
6. Relative - (a) The spouse and any children, siblings, parents, or spouses of siblings or
parents of a public official; (b) any children, siblings, parents, or spouses of siblings or
parents of a public official' s spouse; (c) any individual for whom a public official has a legal
support obligation; or (d) any individual for whom a public official provides benefits arising
from the public official’s public employment or from whom the public official receives
benefits arising from that individual’s employment.
I. Municipal Court Judge. Notwithstanding any other provision of this ordinance, the conduct of
the Municipal Court Judge, an elected official, shall be governed by the Rules of Judicial
Conduct of the Oregon State Bar, including subsequently enacted amended, reordered, or
renumbered versions thereof, specifically incorporated herein and made a part hereof by this
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reference.
J. Sanctions. Violation of any provision of this section, determined after notice and an
opportunity to be heard, shall constitute cause for disciplinary action up to and including
termination for an employee, or removal from office of an appointed official. Discipline or
removal actions shall be in addition to, and not in lieu of, any other City initiated sanction or
penalty authorized by Title 1 of the Ashland Municipal Code.
SECTION 47. Ashland Municipal Code 3.08.040 is hereby amended as follows:
3.08.040 General Personnel Policies and Procedures
A. Prerequisites for Employment. Prerequisites for employment by the City of Ashland as a
full-time employee are:
1. Applicants must be of legal employment age as determined by bona fide job
requirements.
2. Applicants must submit either a completed City application form or a resume of
education and experience in order to be considered for employment.
3. Applicants for “safety-sensitive” positions may be required to take a physical
examination scheduled by the City and at City expense prior to being hired.
4. Employment shall not be denied on the basis of familial relationship except for members
of the immediate family of either the Mayor, a member of the City Council, or the appointing
power; or as otherwise provided for in ORS 659A.309. No individual shall be advantaged in
securing and/or maintaining full-time or part-time employment or promotional opportunity as
a result of nepotism, defined as an employment advantage from a familial or an intimate
personal relationship with another full or part-time employee of the City. Relatives and
employees in close personal relationships may work for the City as long as the employment
relationship can be insulated from actual or potential conflicts of interest in the workplace,
and so long as neither relative has direct supervisory authority over the other.
5. All statements submitted on the employment application or attached resume shall be
subject to investigation and verification.
6. All information obtained during the application process shall be considered confidential
to the extent legally practicable.
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7. No question in any application form, test or interview or by appointing authority shall be
framed as to attempt to elicit information concerning race, color, ancestry, sex, sexual
orientation, age, national origin, political or religious affiliation.
B. Probationary Period for New Employees. The probationary period is an integral part of the
employee selection process and provides the City with the opportunity to upgrade and improve
the departments by observing a new employee’s work, training, aiding new employees’
adjustment to their positions, and by providing an opportunity to reject any employee whose
work performance fails to meet required work standards. All new employees shall serve a
minimum probationary period as determined by union contract or nonunion agreement but in no
case less than six (6) full months after which, and upon recommendation of their Department
Head, they shall be considered a regular employee. The probationary period may be extended
upon request of the Department Head if an adequate determination cannot be made at the end of
the probationary period.
C. Personal Appearance and Conduct. All employees are expected to maintain high standards of
appearance and conduct. Personal appearance and conduct appropriate to employees’ positions
help establish and maintain favorable public opinions of the City’s services. Each employee
should strive to maintain a neat, clean and well-groomed appearance.
1. Employees in the uniform services should pay particular attention to being in proper
uniform and present a neat and well-groomed general appearance.
2. Neatness of work performed is important. Proper attitude, courtesy and conduct on and
off the job are of importance to the individual as well as to the City. All City employees are
engaged in public relations work. All representatives of the City, regardless of whether
public contacts are direct or indirect, or whether they are by telephone or in person, shall be
courteous, efficient and helpful to all in their work and shall do the best job possible on every
assignment.
3. Favorable impressions created by the employee’s courteous public relations develop good
will and support for the City’s services. In public relations, city officials, city administrators,
fellow employees, and the citizenry expect City employees to do their work properly and
efficiently and to assume an obligation of loyalty and interest in the City’s welfare. Loyalty is
due the City service as a whole, not merely the particular department in which the employee
is working. A City employee should take pride in servicing the local government and should
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strive to advance the City’s interests wherever possible, to defend it against unjust criticism,
to protect its property, and to be of genuine service to the people of the City of Ashland.
D. Departmental Rules and Regulations. Each department of the City is encouraged to have
established rules, regulations and procedures. Each rule, regulation and procedure shall be in
harmony with the requirements established within this document, existing employee union
contracts, and other existing agreements between the City and its employees.
E. Personnel Records. The City Human Resources Department Resource Office shall be
responsible for the proper administration of the personnel program and shall maintain the official
personnel records for each employee. Personnel records of employees shall be considered
confidential and shall be available for inspection only to the employee and authorized City
officials. An employee will be entitled to inspect his/her personnel record upon request;
acknowledge the placement of new materials in the employee’s personnel file; and challenge or
reply to materials which the employee believes to be obsolete or otherwise inappropriate for
evaluation, promotion or retention.
F. Pay Periods. Unless otherwise agreed by contract, employees shall be paid on a bi-weekly
basis, on every other Friday. In the event a regularly scheduled pay date falls on a Holiday, the
last preceding workday shall be the regular pay date in lieu thereof.
G. Residence Requirements. City residency shall not be a condition of employment or
continued employment. However, employees regularly assigned to stand-by status will be
required to live within the Ashland area, as prescribed by Union Contract or nonunion employee
agreement. Residency within the Urban Growth Boundary is encouraged for the City Manager
Administrator and for Department Heads. Existing City employees promoted into the position
of Department Head will not be required to move as a result of a promotion, but are strongly
encouraged to move within the Urban Growth Boundary once appointed as a Department Head.
Individuals in certain safety-related or emergency response job classifications, as determined by
resolution or by administrative action at time of recruitment or hire, shall establish their
residence to enable them to report for emergency duty within 40 minutes of notification
including “get ready” and travel time. Examples of such classifications include, but are not
limited to:
Public Works Superintendent
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Street Supervisor
Wastewater and Reuse Supervisor
Water Quality and Distribution Supervisor
Water Treatment Plant Supervisor
Electric Operations Superintendent
Fire Division Chief (EMS, Fire and Life Safety and Operations Divisions)
Deputy Police Chief/Lieutenant
Police Sergeant
Computer Services Manager
AFN Operations Manager
Network Administrator
Senior Information Systems Analyst
Information Systems Analyst/Programmer
User Support Coordinator
Maintenance and Safety Supervisor
Telecommunications Technician
Residence shall be established by new employees in these classifications within these boundaries
or limitations within a period of twelve months of hire or promotion. Department Heads may
identify other positions which require emergency response within forty (40) minutes to meet
operational requirements.
H. Mileage and Travel Expenses. Expenses will be reimbursed for costs associated with travel
while on City business in accordance with the City’s travel reimbursement policy.
I. Selling and Soliciting among Employees. Employees may use bulletin boards in employee
break rooms and other nonpublic areas for the purpose of selling or bartering personal goods and
services when only the employee is the beneficiary of such a sale or barter. Actual transactions
shall take place only outside of work hours or on employees’ nonpaid break time. An employee
may also use such bulletin board resources for the purpose of advertising fund-raising activities
by nonprofit organizations with which the employee is affiliated. In compliance with ORS
Chapter 244, the use of bulletin boards for these purposes is considered part of an employee’s
compensation package but is deemed to have no cash value.
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J. Cost Consciousness. City employees should minimize expenses possible in the discharge of
their duties.
1. Lights, electric heaters, motors, etc., should be turned off when not needed.
2. City equipment should be well cared for and maintained.
3. Conservation should be practiced in the use of all City supplies.
K. City Equipment. City equipment shall not be used for personal purposes, except as permitted
in the City’s vehicle policy. Employees who are assigned vehicles or operate trucks or other
heavy equipment are required to be in possession of a current Oregon operator’s license. In
addition, the City will periodically check the driving records of these employees to insure that
their operator’s licenses are current. Employees who are assigned vehicles or to operate trucks or
other heavy equipment must report any change to driving privileges to his/her supervisor
immediately.
L. Uniforms, Protective Clothing and Devices. If an employee is required to wear a uniform,
protective clothing, or use any type of protective device, such article shall be provided by the
City. Lost articles or damage to articles due to negligence shall be reimbursed to the City by the
employee. Failure of an employee to wear such required uniform, protective clothing or use such
protective device as prescribed by the City shall be cause for disciplinary action as set forth in
AMC Section 3.08.100.
M. Safety. All employees are urged to practice safety at all times. Mishaps and accidents can be
avoided if safe conditions are maintained. All employees are expected to abide by the
appropriate federal and state safety standards associated with their work as well as City safety
standards established through work rules. Willful violation of such rules shall be grounds for
disciplinary action. Department Heads and supervisors are encouraged to establish safety
programs and regular safety briefings for the employees in their departments. All employees are
responsible for immediately reporting safety standard violations or unsafe working conditions or
equipment to their immediate supervisors. In the event of an accident involving a City employee
on City time, or on City equipment, or City property, the accident should be immediately
reported to the employee’s supervisor and the City’s risk management team.
N. Recovery of City Property. Upon termination with the City for whatever reason, City-owned
equipment, clothing, keys, I.D. card, etc., checked out to the employee must be returned prior to
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issuance of the employee’s final check. Loss of keys, ID cards or other items while on the job
must be reported to a supervisor immediately to prevent a breach in security.
O. Legal Liability. The City shall purchase liability insurance in the maximum amounts set
forth in ORS 30.272 for the protection of employees against claims against them incurred in or
arising out of the performance of their official duties.
1. If an employee is negligent in the performance of his/her other duties and responsibilities,
such as failure to report faulty or unsafe equipment or negligent operation of a motor vehicle,
and accidents result from such conditions, the employee may be held personally and legally
liable.
2. A good employee will abide by laws and regulations and perform assigned duties as a
reasonable, prudent person and not in a negligent manner. Such an employee will strive to
preserve the honor, trust, confidence and respect that is bestowed upon them by the public.
SECTION 48. Ashland Municipal Code 3.08.050 is hereby amended as follows:
3.08.050 Classification Plan
A. Position Classification Plan. The City Manager Administrator shall prepare and be
responsible for a position classification plan which shall be a part of these policies. Copies of this
plan and of specifications for individual classes shall be available in the Human Resource Office.
B. Titles and Specifications. The position classification plan shall include titles and written
specifications for the various classes of positions as a guide toward equal pay for equal work. Job
titles shall refer to a particular position and not to the individual.
1. Each position shall, on the basis of the duties and responsibilities of the position, be
allocated to an appropriate class.
2. Each class shall have a specification that includes a concise, descriptive title, a general
description of the duties and responsibilities of each position in the class, and a statement of
the minimum or the desirable qualifications for each such position.
The position specifications take into consideration the requirements of the job and are merely
descriptive and explanatory of the work to be performed. They may not necessarily include
all of the duties.
C. Reclassification.
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1. The City Manager Administrator may reclassify a position whenever its duties change
materially, provided the reclassification can be accomplished within the limitations of the
current budget of the City.
2. Reclassification to a new position or a change in job title shall not deprive an employee
of, or change the date of eligibility for, scheduled pay increases which would otherwise have
been granted.
3. If an employee is promoted, or a position reclassified, to a class having higher salary
range the employee’s salary step shall be adjusted to the minimum rate of the new class.
However, if the employee’s current salary step is higher than the minimum rate for the new
class, adjustment will be made to the next highest rate which exceeds the employee’s current
step.
4. When reclassification to a new position or a change in job title is a result of a bona fide
promotion, the date of the promotion to the new job classification shall become the
anniversary date for any future salary adjustments.
5. When an employee is transferred between positions with no change in classification or is
transferred or reclassified to a class having the same salary range, the rate of pay shall remain
the same.
D. New Positions. The City Manager Administrator may create new positions and allocate
the positions to an appropriate class. The City Manager Administrator shall prepare
appropriate class specifications therefore. (Ord. 3078, amended, 11/20/2012)
SECTION 49. Ashland Municipal Code 3.08.060 is hereby amended as follows:
3.08.060 Affirmative Action Plan
The City Manager Administrator is the designated Chief Affirmative Action Officer. Day to
day administration of the City’s affirmative action program is the responsibility of the City’s
Human Resources Department Personnel Assistant. A copy of the City’s Affirmative Action
policy and program shall be kept on file in the Human Resources Department office of the
Personnel Assistant.
SECTION 50. Ashland Municipal Code 3.08.070 is hereby amended as follows:
3.08.070 Pay Plan and Compensation
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A. Pay Plan and Compensation. The pay plan and compensation for each classification and the
positions within that classification will be that established by current employee union contracts
and formal agreements between the City and nonunion employees.
B. Appointee Compensation. An appointee to a new position shall receive the minimum salary
for that position except as follows:
1. In cases of unusual difficulty in filling the position.
2. In hiring exceptionally qualified personnel, the City Manager Administrator may cause
the appointment to be made at a salary above the minimum, but not more than the maximum
for the position.
3. Employees appointed to a position above the entry level salary will be required to
complete the full length of service required for the next regularly scheduled pay increase.
However, the City Manager Administrator, on the recommendation of an employee’s
supervisor, may at any time grant an increase for meritorious service.
SECTION 51. Ashland Municipal Code 3.08.090 is hereby amended as follows:
3.08.090 Variances
The City Manager Administrator shall have the power to vary or modify the strict application
of the policies and rules listed herein in any case where such strict application would result in
practical difficulties or unnecessary hardships.
SECTION 52. Ashland Municipal Code 3.08.100 is hereby amended as follows:
3.08.100 Discipline and Discharge
A. Discipline. The following section applies only to those employees who are not subject to the
terms and conditions of a collective bargaining agreement and who do not have a written
individual employment agreement with the City.
1. General. Employees may be disciplined for cause as determined by their supervisor,
Department Head, or the City Manager Administrator. Probationary, temporary, hourly,
and on-call employees, as at-will employees, may terminate their employment and may be
discharged with or without notice and with or without cause. Disciplinary action may be
imposed upon any employee for failing to fulfill responsibilities as an employee. Conduct
reflecting discredit upon the City or department, or which is a direct hindrance to the
effective performance of city functions, shall be considered good cause for disciplinary
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action. Such cause may also include misconduct, inefficiency, incompetence,
insubordination, misfeasance, the willful giving of false or confidential information, the
withholding of information with intent to deceive when making application for employment,
willful violation of departmental rules, city policy, state law, commission of any matter listed
in AMC Section 3.08.100 (A)(2) or for political activities forbidden by state law.
2. Causes for Warning, Suspension or Dismissal. Disciplinary action may be imposed upon
any employee for failing to fulfill their responsibilities as an employee. Conduct reflecting
discredit upon the City or department or which is a direct hindrance to the effective
performance of City functions, shall be considered good cause for disciplinary action.
General reasons for which an employee may be disciplined include but are not limited to:
a. Drinking intoxicating beverages or use of illegal drugs while on the job, or arriving
on the job under the influence of intoxicating beverage or illegal drugs;
b. Violation of a lawful duty,
c. Breach of discipline;
d. Incompetence;
e. Being absent from work without permission or failing to report to the supervisor or
Department Head when absent;
f. Being habitually absent or tardy;
g. Failure to perform assigned work in an efficient manner, being wasteful of material,
property, or working time;
h. Abusive language or conduct;
i. Inability to get along with fellow employees so that work being performed is hindered
or below required standards;
j. Committing a felony or being convicted of a misdemeanor involving moral turpitude;
k. Use of religious, political or fraternal influence in the pursuit of City business;
l. Willful or flagrant violation of safety rules;
m. Violation of the City’s Code of Ethics;
n. Willful failure to follow a lawful directive from a direct supervisor.
3. Forms of Discipline. In general, the City will follow principles of progressive discipline
when implementing discipline. However, the form of discipline to be imposed in a particular
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situation will depend on factors such as the severity of the offense, the number of
occurrences of the same or similar offenses, the employee’s work history and record of prior
discipline with the City and any other relevant factors. Disciplinary action generally will
consist of one or more of the following:
a. Oral warning;
b. Written reprimand;
c. Suspension;
d. Demotion;
e. Discharge.
4. City Reservation. The City reserves the right, depending on the circumstances of the
particular situation, not to follow progressive discipline and to implement or impose one or
more of these disciplinary actions, to bypass one or more of these disciplinary actions or to
take or implement other forms of disciplinary action if determined to be appropriate by the
employee’s supervisor, Department Head, or the City Manager Administrator. The City
further reserves the right to take or implement nondisciplinary actions that may be
appropriate as part of a corrective action plan, including, but not limited to, unscheduled
performance evaluations, work plans, last chance agreements, additional supervision or
training, referral to counseling or mediation, restructuring of job assignments, or other
actions as deemed appropriate.
5. Employee Right to Grieve. Disciplinary actions imposed on nonrepresented employees
that are otherwise subject to the grievance process may be grieved under the provisions of
AMC 3.08.110 Discipline or discharge of probationary, temporary, hourly and on-call
employees is not subject to the grievance process.
B. Discharge.
1. Discharge of regular employees. Regular employees may be discharged from City service
for cause as determined by the employee’s Department Head or the City Manager
Administrator.
2. Discharge during probationary period. All employees on probation are at-will employees
and, as such, may terminate their employment and may be discharged with or without cause
and with or without notice as determined by an employee’s Department Head or the City
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Manager Administrator.
3. Discharge of temporary, hourly and on-call employees. Temporary and on-call
employees are at-will employees and, as such, may terminate their employment and may be
discharged with or without cause and with or without notice as determined by an employee’s
Department Head or the City Manager Administrator.
4. Eligibility for rehire. Employees who are discharged for cause are not eligible for rehire
in any City Department unless rehire is approved by the City Manager Administrator.
SECTION 53. Ashland Municipal Code 3.08.110 is hereby amended as follows:
AMC 3.08.110 Grievance Procedures
A. Grievances. The City will promptly consider and respond to employee grievances relating to
discipline, discharge, application of the Title 3 of the Ashland Municipal Code, or to terms and
conditions of employment. The City prefers to informally correct the causes of grievances and
encourages supervisors and employees to address and resolve problems as they arise. If the cause
of a grievance cannot be resolved informally, for represented employees, the grievance
procedures of the applicable collective bargaining agreement shall apply.
B. Procedure. For nonrepresented employees, the following procedure for processing formal
grievances shall be followed:
1. Step I. The aggrieved employee, or group of employees, shall verbally present the
grievance to the immediate supervisor within fifteen (15) calendar days of the occurrence of
the issue or action giving rise to the grievance or within fifteen (15) calendar days of the time
the employee or group of employees become aware of the issue or action. The supervisor
shall give his/her response within fifteen (15) calendar days of the date of the presentation of
the grievance, not including the date of presentation.
2. Step II. If the grievance is not fully resolved at Step I, the grievance shall, in detail, be
reduced to writing, signed and dated by the aggrieved employee or group of employees, and
presented to the Department Head within fifteen (15) calendar days after the supervisor’s
response is given, not including the date of the response. The Department Head shall respond
in writing to the grievance within fifteen (15) calendar days of the date the written grievance
is presented to the Department Head, not including the date of presentation. The decision of
the Department Head regarding the grievance of a written reprimand shall be final and
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binding.
3. Step III. If the grievance is not fully resolved at Step II, employees, other than those
appointed by mayor and city council, may appeal a suspension without pay, demotion or
discharge to the City Manager Administrator. The written grievance shall be presented by
the aggrieved employee or group of employees, along with all pertinent correspondence,
records and information, to the City Manager Administrator within fifteen (15) calendar
days after the Department Head’s response is given, not including the date of the response.
The City Manager Administrator may meet with the aggrieved employee or group of
employees, the immediate supervisor, and/or the Department Head before responding to the
grievance. The City Manager Administrator shall respond to the grievance in writing
within fifteen (15) calendar days after the date the written grievance is presented to the City
Manager Administrator, not including the date of presentation. The City Manager’s
Administrator’s decision shall be final and binding.
C. Limitations on Grievances.
1. Oral warnings are not subject to the grievance process.
2. Written reprimands can only be grieved through Step II of the grievance procedure.
3. Discipline or discharge of probationary, temporary, hourly and on-call employees is not
subject to the grievance process.
D. Time Limits. If the grievance procedures established by this section are not initiated by an
aggrieved employee or group of employees within the time limits set forth in this section, the
grievance shall be dismissed and it shall be considered that the grievance did not exist. If the City
fails to respond to any grievance within the time prescribed for a response, the grievance will
automatically advance to the next step.
E. Extension of Time Limits. The time limits for the initiation and completion of the steps of
the grievance procedure may be extended by mutual consent of the parties involved, which must
be documented in writing.
F. Prohibited Practices. No employee may be disciplined, retaliated against or discriminated
against in any way because of the employee’s use of the grievance procedure.
SECTION 54. Ashland Municipal Code 3.08.120 is hereby amended as follows:
3.08.120 Hours of Work and Outside Employment
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A. Work Schedules.
1. Attendance and Reporting Time. Full-time employees shall perform a full day’s work
each and every scheduled working day. Employees must be at their designated workspaces
ready to work at their designated reporting times. Tardiness shall be a cause for disciplinary
action. An employee who is not able to report for work at his/her designated time must notify
his/her supervisor as soon as possible prior to the employee’s scheduled shift of his/her
inability to report to work on time, the reason for being late, and an expected arrival time.
Each employee shall remain at work until the end of his/her work day or work shift unless
permission to leave earlier is granted by his/her supervisor or Department Head. An
employee who cannot report for work due to illness or some other unavoidable reason is
expected to notify his/her supervisor or Department Head as soon as practically possible but
in no event later than the beginning of his/her next scheduled work day. Absence from work
without prior notification to the employee’s supervisor or Department Head shall be
considered an implied resignation by the employee unless circumstances beyond the control
of the employee reasonably prevent the employee from reporting to work or notifying his or
her supervisor or Department Head of the employee’s inability to report to work.
2. Hours of Work. Work hours are established by the City Manager Administrator.
Department Heads shall have personnel available to serve the public at all times during work
hours, unless otherwise authorized by the City Manager Administrator. Department Heads
may establish flexible work schedules, subject to approval by the City Manager
Administrator, so long as department operations and public service requirements will not be
adversely affected, and the alternative or flexible schedule does not conflict with other city
policies, the Municipal Code, any applicable collective bargaining agreement or any
applicable wage and hour law. An employee wishing to work an alternative or flexible work
schedule shall submit a written request to his or her Department Head.
3. Work Week and Work Schedules. The standard work week for City employees is Sunday
through Saturday. Except as may otherwise be defined in a collective bargaining agreement,
work schedules for each department shall be determined by the Department Head, subject to
approval by the City Manager Administrator.
B. Rest and Meal Periods.
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1. Rest Periods. Each employee shall be provided an uninterrupted rest period of fifteen
(15) minutes for every four hours in a work period, to be taken as close as possible to the
midpoint of each four-hour work period. Rest periods must be provided and taken separately
from the employee’s meal period and cannot be saved up to lengthen the employee’s meal
period or to allow an employee to leave work early.
2. Meal Periods. All employees who work more than six (6) hours in a work day shall be
given a meal period during the employee’s work shift. Except when, due to the nature and
circumstances of an employee’s work, an employee is required to remain on duty or to
perform work tasks during the employee’s meal period, the employee’s meal period shall be
taken as close as possible to the middle of the employee’s work shift. Meal periods shall be at
least thirty (30) continuous minutes in length. Nonduty meal periods are the employee’s own
personal time. During a nonduty meal period, an employee shall be free to leave his or her
work station and shall not be expected to perform any work. In the event of an emergency or
other circumstance in which an employee is required by his or her supervisor or Department
Head to remain on duty or to perform work tasks during the employee’s designated meal
period, the meal period will be paid time. Meal periods cannot be skipped or shortened to less
than thirty (30) continuous minutes in length to allow an employee to leave work early.
3. Expression of Breast Milk. An employee shall be allowed an unpaid 30-minute rest
period to express milk during each four-hour work period, or the major part of a four-hour
work period, to be taken by the employee approximately in the middle of the work period
unless the City determines an undue hardship under state law (ORS 653.077). The City may
require, if feasible, that the employee take the rest periods at the same time as the rest periods
or meal periods that are otherwise provided. This shall only apply to employees expressing
milk for her child 18 months of age or younger. The City shall make reasonable efforts to
provide a location, other than a public restroom or toilet stall, in close proximity to the
employee’s work area for the employee to express milk in private.
C. Outside Employment. City employees may, in general, engage in employment or business
outside their work for the City, with the written approval of the City Manager Administrator.
However, employees shall not utilize City time, materials, equipment or resources for such
outside employment or business, or allow such employment or business to conflict with, or
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appear to conflict with, the employee’s work for the City or with the interests or business of the
City. No employee may perform any service or employment, outside of City employment, or
engage in any business for which the employee receives compensation during the employee’s
City work hours. Employees may be subject to other requirements depending on department
needs. Questions or issues regarding any actual, potential or apparent conflict of interest shall be
resolved by the City Manager Administrator.
In determining whether to permit outside employment, the City shall consider:
1. The need for mentally and physically alert employees.
2. Insulating employees from potential conflict of interest situations.
3. Maintaining efficiency unimpaired by other employment, particularly for those City
positions requiring employees to be available for duty twenty-four (24) hours a day.
Any outside employment or business obligations must not interfere with or adversely affect the
employee’s ability to fulfill all of the employee’s responsibilities to the City. If, in the judgment
of the employee’s Department Head, an employee’s outside employment or business interferes
with or adversely affects the employee’s performance of duties for the City, the Department
Head may require the employee to terminate the outside employment or business. Under such
circumstances, the failure or refusal of an employee to terminate outside employment may be
grounds for termination of employment with the City.
SECTION 55. Ashland Municipal Code 3.08.130 is hereby amended as follows:
3.08.130 Promotions, Demotions and Reassignments
A. Promotions.
1. Process. If a qualified employee applies for an open position, at the discretion of the City
Manager Administrator, the City may opt to promote the employee to the position and not
recruit for the position. The City Manager Administrator may, at his or her option, require
the employee to take any appropriate tests and go through an interview or interviews and a
background check prior to deciding whether to promote the employee to the new position.
2. Effect of Promotions on Salary. When an employee is promoted to a position having a
higher salary range, the employee’s salary step shall be adjusted to the minimum step of the
new position. However, if the employee’s current salary step is higher than the minimum step
for the new position, adjustment will be made to the next highest step which exceeds the
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employee’s current step.
3. Promotional Probationary Period. Employees who are promoted to a new position must
serve a new probationary period of six (6) months in the new position.
B. Demotions and Reassignments. When an employee is demoted for cause to a position with a
lower pay grade, the employee’s pay will be reduced to a pay step within the lower pay grade.
When an employee is reassigned for administrative purposes through no fault of the employee, if
the employee’s reassigned position is in a lower pay grade, normally, the employee’s pay will be
changed to the step in the pay grade for the employee’s new position that is closest to the
employee’s current rate of pay. If the employee’s reassigned position is in a higher pay grade,
normally, the employee’s pay will be changed to the closest step in the pay grade for the
employee’s new position which is not lower than the employee’s current rate of pay. Subject to
approval of the City Manager Administrator, the salary of an employee who is reassigned to a
position with a lower pay grade may be held at the employee’s current rate of pay, without
adjustments for cost-of-living increases, until the employee’s rate of pay falls within the pay
grade for the employee’s reassigned position.
SECTION 56. Ashland Municipal Code 3.08.140 is hereby amended as follows:
3.08.140 Vacation, Sick Leave and Other Leaves
A. Authorization for Leave. Except as otherwise provided in this code chapter, any applicable
collective bargaining agreement, or as required by law, all requests for leave must be approved
by an employee’s supervisor or Department Head.
B. Vacations. Vacation leave taken shall not be in excess of that actually accrued at the time it
is taken, and generally is not granted to a new employee prior to the completion of six (6)
months satisfactory service. Vacations shall be scheduled in conformance with union contracts,
nonunion agreements and departmental policy. Vacation leave shall be requested on forms
provided by the City and should be submitted not less than thirty (30) calendar days prior to the
time requested. Vacations shall be approved by the Department Head, and where conflicts arise,
seniority shall prevail except in the case of Department Heads and their immediate assistants.
C. Utilization. Vacation leave shall not be taken in excess of that actually accrued. However,
the City Manager Administrator has the discretion to authorize all management employees to
take vacation in advance of accrual when warranted by special circumstances.
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D. Continuous Service. Continuous service, for the purpose of accumulating vacation leave
credit, shall be based on the regular paid hours worked by the employee. Time spent by the
employee on city-authorized, city-paid absences shall be included as continuous service. Time
spent on unpaid absences shall not be counted as service; provided, that employees returning
from such absences shall be entitled to credit for service prior to the leave.
E. Accrual Limitation. Management and Confidential employees are required to take at least
75% of their annual vacation accrual as time off each year. All Management and Confidential
employees may elect to receive up to forty (40) hours as cash on the first paycheck in April each
year. The balance not elected for cash payment will be added to their cumulative vacation
accrual. In no event shall the employee’s total vacation accrual exceed twice the amount of the
employee’s annual accrual without written approval from his/her Department Head.
F. Scheduling. Vacation times shall be scheduled based on the City Manager’s
Administrator’s or Department Head’s judgment as to the needs of efficient operations.
G. Payment on Termination. An employee terminated after six (6) months employment shall be
entitled to prorated payment for accrued vacation leave at the rate as of the date of termination.
In the event of death, earned but unused vacation leave shall be paid in the same manner as
salary due the deceased employee is paid.
H. Administrative Leave. Exempt management employees may be granted up to one (1) week
of Administrative Leave each July at the discretion of their Department Head or the City
Manager Administrator. The purpose of Administrative Leave is to recognize the extra hours
required of exempt managers for which no overtime compensation is afforded. No cash payment
will be made for Administrative Leave, and it can only be taken as time off during the year in
which it is granted. Administrative Leave must be used by June 30th each year or it will be
deemed forfeited. In the event of termination or retirement, no cash payment will be made for
Administrative Leave. In the event of a termination, the City may require pro-rated repayment of
Administrative leave at the rate of 3.3333 hours for each calendar month remaining in the year
after the date of termination.
I. Vacation Accrual. Management and other nonrepresented employees shall be eligible for
vacation with pay in accordance with the following schedule set by resolution of the City
Council.:
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Months of Service Monthly Vacation
Accrual (hours)
Annual Vacation
Accrual (hours
0 - 48 8.67 104
49 -108 10.67 128
109 - 168 12.67 152
169 - 228 14 168
229 - 288 15.34 184
J. Sick Leave. Employees shall accrue sick leave at the rate of eight (8) hours per month of full
service or twelve (12) hours per month for 56 hours/week personnel. Sick leave shall only be
used when unable to perform their work duties by reason of illness or injury, or to care for an ill
or injured dependent, or to attend a medical appointment that cannot be scheduled for a time
other than the during the work day.
Employees who are ill are encouraged to use sick leave to become well and to prevent the spread
of their illness (if applicable) to co-workers and the public. A supervisor may require that an
employee with an illness leave the workplace. A decision to send a sick employee home must be
based on observable symptoms and behaviors that lead a reasonable person to conclude that the
employee is unable to perform his/her basic job duties or presents a threat of infection to co-
workers or the public. Supervisors shall consider the seriousness of the illness and the relative
risk to the work group. If the employee disagrees with the supervisor’s assessment, the City may
require the employee to visit urgent care. If the employee receives documentation from the
urgent care physician approving an immediate return to work, the City shall pay for the urgent
care visit and the time associated with the urgent care visit shall be counted as time worked.
K. Unscheduled Leave.
1. Employees are responsible for regular attendance at their jobs, pursuant to AMC per
Section 3.08.120 of this Code. Excessive unscheduled absences create a burden on the other
members of the work team and can negatively impact service to customers.
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2. Unscheduled leave is any nonqualifying FMLA/OFLA leave that is not approved in
advance. Unscheduled leave can be related to an employee or a family member becoming ill,
but can also include unexpected events that result in an absence. If an employee is required to
leave work due to an illness, the incident shall be considered unscheduled leave. Supervisors
have the discretion to waive an incident due to extenuating circumstances.
3. Supervisors may require documentation from a health care provider for any unscheduled
leave equal to or greater than three consecutive work shifts.
4. Inappropriate or excessive use of unscheduled leave may be cause for disciplinary action.
Inappropriate use includes feigning illness, deceitful use of sick leave, or failure to provide
requested documentation for an absence. Excessive unscheduled leave is defined as seven
occurrences during rolling twelve-month period. FMLA/OFLA qualifying leave shall not be
included in calculating excessive unscheduled leave.
5. An employee who takes excessive unscheduled leave, as defined above, may be required
to provide documentation of the reason for any additional unscheduled leave of any length of
time within a 12-month rolling period.
6. An absence of more than one day for the same reason is considered one occurrence. If the
days are not consecutive, a doctor’s note may be requested to establish that the absences are
linked.
7. For performance evaluations, an employee must have no more than six unscheduled leave
occurrences, as defined above, to receive a “Meets Standards” for Attendance.
L. Leave of Absence. An employee granted a leave of absence will be required to use all
accrued and unused compensatory time and all accrued and unused paid leave time before the
employee may take leave without pay. After an employee’s paid time is exhausted, any leave
granted or permitted will be without pay.
All leave used (paid or unpaid) shall be recorded on the employee’s Payroll Time and Leave
Worksheet. Each Department Head is responsible for ensuring that all leave used by employees
in his/her department is accurately recorded and reported on the monthly Payroll Time and Leave
Worksheets.
M. Leave of Absence With Out Pay. An employee’s Department Head may grant a leave of
absence without pay not to exceed thirty (30) calendar days. Leaves of absence without pay for
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periods in excess of thirty (30) days must be approved by the City Manager Administrator and
the employee’s Department Head except for leaves of absence which, by law, an employee is
entitled to take.
N. Special Leave – Closure of City Offices. In the event of weather-related or other conditions
determined to be an emergency by the City Council or the City Manager Administrator, the
Council or the City Manager Administrator may decide to close City offices. For purposes of
this section, an emergency includes, but is not limited to, conditions due to the following:
a. Snow/Ice
b. Building problem
c. Bomb threat
d. Volcano
e. Forest Fire
f. Earthquake
g. Flood
h. Terrorist threat
i. Civil unrest
In the event of a declared emergency resulting in closure of City offices, employees must report
to alternate City offices that may be established. If City offices are closed in an emergency and
alternate City offices are not yet established, employees will be granted leave with pay for the
duration of the closure. If City offices are open for business and an employee does not report to
work due to weather-related or other conditions, the time off will be deducted from the
employee’s accrued paid leave unless it is determined by the City Manager Administrator that
the employee could not report to work due to extraordinary circumstances.
O. Victims of Domestic Violence, Sexual Assault or Stalking Leave. An employee shall be
allowed to take a reasonable amount of leave determined by the City Manager Administrator
and Human Resources Department Resource Office to address domestic violence, sexual
assault, or stalking of the employee or his or her minor dependents (ORS 659A.272). The
employee must have been employed with the City for at least six (6) months and worked an
average of more than twenty-five (25) hours per week for at least 180 days immediately before
the requested leave. The leave must not create an undue hardship on the department and it must
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be for an authorized purpose. An authorized purpose includes seeking legal or law enforcement
assistance or remedies; seeking medical treatment or recovering from injuries; obtaining
counseling or services from a victim services provider; or relocating or taking steps to secure a
safe home for the employee or minor child. The employee shall provide the Human Resource
Office and his/her Department Head with as much advance notice as is practicable. The City may
require certification of the need for the leave, such as a police report; protective order;
documentation from a law enforcement officer, attorney, or victim services provider.
If approved, the employee must use paid leave (excluding sick leave) which includes time
management, vacation, compensatory time, or holiday time. If all paid time is exhausted, the
employee may request unpaid leave. Upon request from an employee, the City shall make
reasonable work safety accommodations for an employee that is victim of domestic violence,
sexual assault, or stalking.
P. Criminal Proceedings Leave. An employee who is a felony crime victim shall be allowed to
take leave to attend a felony criminal proceeding involving the employee or immediate family
defined as spouse, domestic partner, father, mother, sibling, child, stepchild and grandparent
(ORS 659A.192). The employee must provide reasonable advance notice of the leave, provide
copies of the notices of the criminal proceedings, have been employed with the City for at least
six (6) months, and worked an average of more than twenty-five (25) hours per week for at least
180 days immediately before the requested leave. The leave must not create an undue hardship
on the department. If approved, the employee must use paid leave (excluding sick leave) which
includes time management, vacation, compensatory time, or holiday time. The employee shall
not use sick leave. If all paid time is exhausted, the employee may request unpaid leave.
SECTION 57. Ashland Municipal Code 3.08.150 is hereby amended as follows:
3.08.150 Termination of Employment
A. Voluntary Terminations. To resign in good standing, an employee must give the employee’s
Department Head or the City Manager Administrator a written notice of resignation at least
fourteen (14) calendar days prior to the effective date of the employee’s resignation. The
employee’s Department Head or the City Manager Administrator may agree to a shorter period
of notice if an employee so requests, in writing, and provides a suitable explanation for the
shorter notice period. An employee who fails to provide at least fourteen (14) calendar days
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notice and fails to obtain permission for a shorter notice period may be ineligible for rehire.
Unless otherwise approved in advance by the employee’s Department Head and the City
Manager Administrator, or as otherwise required by law, an employee who voluntarily resigns
must be present and on the job for one full week immediately prior to the employee’s termination
date and must work on the termination date. If an employee takes any unauthorized leave during
the employee’s final week of employment, the employee may be ineligible for rehire with the
City, and the City may, at its discretion, alter the employee’s termination date.
Upon receipt of a notice of resignation, the City reserves the right, at the City’s option, to
designate a termination date which is earlier than the termination date designated by the
employee. If the City elects to designate an earlier termination date, the City shall pay the
employee for all wages and leave that would have accrued and shall maintain all benefits to
which the employee would have been entitled if the employee had worked through the
termination date designated by the employee.
B. Involuntary Terminations.
1. Layoffs/reductions in force. Restructure of the organization, a reduction in budgeted
positions, lack of work, or shortage of funds may result in the layoff of employees. In the
event of layoff, the City may transfer affected employees into vacant positions for which the
affected employees are qualified, in the judgment of the hiring Department Head. When a
decision is made to lay off employees, the City will base layoff decisions on the following
factors:
a. Job skill level
b. Ability
c. Experience
d. Education
e. Training
f. Work record
g. History of discipline and/or corrective actions
h. Knowledge of the program, department, and organization
i. Special skills or certifications
j. Longevity with the City
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Seniority may be considered when the qualifications and abilities of employees are relatively
equal. The City shall notify affected employees of a layoff at least thirty (30) calendar days
in advance of the layoff.
C. Loss of Longevity and Seniority.
1. An employee loses all longevity and seniority in the event of:
a. Voluntary termination for greater than three (3) months except under special
circumstances as approved by the City Manager Administrator.
b. Discharge for cause.
c. A layoff period longer than eighteen (18) months.
d. Failure to report to work at the termination of a leave of absence.
e. Acceptance of other employment without permission of City while on a leave of
absence.
f. Retirement.
2. Time off during a layoff period shall not count toward seniority or longevity accrual.
3. An employee shall not lose seniority with a department if the employee transfers from
one division or position to another division or position within the same department.
D. Recall After Layoff. If approval is given to rehire after a layoff, employees will be rehired in
the inverse order of lay off; that is, employees laid off last shall be called back first. Employees
shall retain a right to recall for eighteen (18) months from the effective date of a layoff. If
employees are recalled from a layoff, the following recall procedures shall be followed:
1a. For layoffs of less than five (5) days, employees may be notified of recall in person or
by telephone and shall have until the next work day following the notification to report to
work.
2b. For layoffs of five (5) days to one month in duration, employees shall be notified of
recall by first class mail and by certified mail, return receipt requested, sent to the employee
at the employee’s last known address, and the employee shall have seven (7) days from the
date the certified notice of recall is mailed to report to work.
3c. For layoffs longer than one month in duration, employees shall be notified of recall by
first class mail and by certified mail, return receipt requested, sent to the employee’s last
known address, and the employee shall have fourteen (14) days from the date the certified
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notice of recall is mailed to report to work.
Employees are obligated to notify the City Human Resources Department Resource Office in
writing of any change of address for the employee. Unless a longer period to report to work
following a notice of recall is agreed to in writing by the City, employees shall report to work
within the applicable time period specified in Subsection 1, 2, or 3 section i, ii or iii above. If an
employee does not respond to a notice of recall within the applicable time period designated in
this section, the employee shall lose all recall rights.
E. Death. In the event of the death of a City employee, all wages and all eligible leave earned
and unpaid to the employee shall be paid to the employee’s designated PERS/OPSRP beneficiary
or, in the absence of such, the employee’s estate.
F. Final Paycheck. Final paychecks will be delivered to terminated employees in accordance
with Oregon law. Employees shall be paid for all eligible accrued and unused leave at the time of
termination. Payment for any eligible accrued and unused leave shall be paid with the
employee’s final paycheck and shall be paid at the employee’s rate of pay in effect at the time of
termination.
G. Exit Interviews.
1. Purpose. The purpose of the exit interview is:
a. To gain insight into the effectiveness of City personnel and management practices, to
determine where personnel policies and procedures may be in need of review or revision,
to determine whether supervisory or managerial practices need review, modification or
improvement, and to obtain other information which could be of assistance to the City
and the employee’s department.
b. To provide the employee with information related to the employee’s separation from
employment with City, including, but not limited to, information related to continuation
of health benefits for the employee and eligible dependents of the employee.
2. Conducting the exit interview. Unless waived by the City Manager Administrator or
refused by the employee, an exit interview is to be conducted with every employee
separating from a benefited City position, regardless of length of service, position, or the
circumstances of separation.
3. Responsibility of Human Resources Department Resource Office. Although
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departments may also conduct interviews with terminating employees, the Human Resources
Department Resource Office shall conduct all City exit interviews. The Human Resources
Department Resource Office will analyze the results of each interview to determine how
the information received may relate to current personnel policies and procedures and whether
any changes in City employment policies or procedures may be needed or beneficial.
4. Timing of exit interview. The employee’s Department Head is responsible for notifying
the Human Resources Department Resource Office as soon as the Department Head learns
an employee is separating from City employment. The Human Resources Department
Resource Office will then schedule a time for the exit interview.
5. Forms and records. The results of exit interviews will be recorded on forms prescribed by
the Human Resources Department Resource Office. The record of the interview shall be
maintained by the Human Resources Department Resource Office.
SECTION 58. Ashland Municipal Code 3.12.040 is hereby amended as follows:
3.12.040 Enforcement
A. Compliance with this chapter shall be required in all City contracts to which it applies. Such
contracts shall provide that upon a violation of any provision of this chapter the recipient,
contractor or subcontractor who is out of compliance shall have thirty days to come into
compliance. Such contracts shall further provide that after thirty (30) days if the recipient,
contractor or subcontractor remains out of compliance, the City may terminate the contract and
otherwise pursue legal remedies that may be available including the repayment of, or payment
for, all or part of the financial assistance provided. If a recipient, contractor, or subcontractor
violates the provisions of this chapter twice, the City may terminate all contracts already in force
and that recipient, contractor, or subcontractor shall be prohibited from receiving City financial
assistance or contracting with the City for a period of two (2) years.
B. An employee claiming violation of this chapter may report such action to the City. The City
Manager Administrator may establish a procedure for receiving and investigating such
complaints and take appropriate enforcement action. An employee claiming violation of this
chapter may choose to bring an action in the Circuit Court of Oregon against an employer and
may be awarded back pay for each day during which the employer failed to pay the employee the
required living wage. As additional damages the employee shall be awarded an amount equal to
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an hour’s pay for each hour the employee was not paid the amount required in AMC Section
3.12.030 and any additional injunctive relief necessary and appropriate under the circumstances.
Notwithstanding the above for employees hired as part-time or seasonal workers [i.e., with a
1040-hour limit per calendar year] back pay shall be limited to an award of the pay differential
and penalty commencing with the 1041st hour of employment. The court shall award
reasonable attorney’s fees and costs to an employee who prevails in any such enforcement
action. The damage provision of this section shall not apply if such violation was deemed to be
unintentional on the part of the employer and the employer paid the required back pay for each
day the violation of this chapter occurred.
C. The statute of limitations for this chapter shall be two (2) years from the time of the alleged
violation of this chapter.
SECTION 59. Ashland Municipal Code 4.18.030 is hereby amended as follows:
4.18.030 Review by Planning Commission
Upon receipt of the petition, the same shall be referred to the City Recorder Engineer for a
determination of whether it contains the requested number of sworn signatures. The City
Recorder Engineer shall return any petition not meeting the requirements of ORS 271.080,
together with the filing fee to the petitioner. If the City Recorder Engineer determines that the
petition is sufficient, it shall be referred to the City Planning Commission for its their review
and recommendation to the City Council. The Planning Commission shall submit its report to the
City Council within sixty (60) days of receipt. Upon receipt of the report by the Commission, or
if no report is received from the Commission, upon the expiration of sixty (60) days, the City
Manager Administrator shall set the matter for public hearing as set forth in ORS 271.100, et.
seq.
SECTION 60. Ashland Municipal Code 4.20.040 is hereby amended as follows:
4.20.040 Systems Development Charge Established
A. Unless otherwise exempted by the provisions of this chapter or other local or state law, a
systems development charge is hereby imposed upon all development within the City; and all
development outside the boundary of the City that connects to or otherwise uses the sanitary
sewer system, storm drainage system or water system of the City. The City Manager
Administrator is authorized to make interpretations of this section, subject to appeal to the City
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Council.
B. Systems development charges for each type of capital improvement may be created through
application of the methodologies described in AMC Section 4.20.050. The amounts of each
system development charge shall be adopted initially by Council resolution following a public
hearing. Changes in the amounts shall also be adopted by resolution following a public hearing,
except changes resulting solely from inflationary cost impacts. Inflationary cost impacts shall be
measured and calculated annually by the City Manager Administrator and charged
accordingly. Such calculations will be based upon changes in the Engineering News Record
Construction Index (ENR Index) for Seattle, Washington.
SECTION 61. Ashland Municipal Code 4.20.050 is hereby amended as follows:
4.20.050 Methodology
A. The methodology used to establish a reimbursement fee shall consider the cost of then-
existing facilities, prior contributions by then-existing users, gifts or grants from federal or state
government or private persons, the value of unused capacity, rate-making principles employed to
finance publicly owned capital improvements, and other relevant factors identified by the City
Council. The methodology shall promote the objective that future systems users shall contribute
an equitable share of the cost of then-existing facilities.
B. The methodology used to establish the improvement fee shall consider the cost of projected
capital improvements identified in an improvement plan (see AMC Section 4.20.080) that are
needed to increase the capacity of the systems to which the fee is related.
C. The methodologies used to establish the systems development charge shall be adopted by
resolution of the Council following a public hearing.
1. The City shall provide written notice to persons who have requested notice of any
adoption or modification of SDC methodology at least ninety (90) days before the hearing. If
no one has requested notice, the City shall publish notice in a newspaper of general
circulation in the City at least ninety (90) days before the hearing.
2. The revised methodology shall be available to the public at least sixty (60) days before
the first public hearing of the adoption or amendment of the methodology.
D. A change in the amount of a reimbursement fee or an improvement fee is not a modification
of the SDC methodology if the change is based on a change in project costs, including cost of
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materials, labor and real property, or on a provision for a periodic adjustment included in the
methodology or adopted by separate ordinance or resolution, consistent with State law.
E. A change in the amount of an improvement fee is not a modification of the SDC
methodology if the change is the result of a change in the improvement plan adopted in accord
with AMC Section 4.20.080.
F. The formulas and calculations used to compute specific systems development charges are
based upon averages and typical conditions. Whenever the impact of individual developments
present special or unique situations such that the calculated fee is grossly disproportionate to the
actual impact of the development, alternative fee calculations may be approved or required by
the City Manager Administrator under administrative procedures prescribed by the City
Council. All data submitted to support alternate calculations under this provision shall be site
specific. Major or unique developments may require special analyses to determine alternatives to
the standard methodology.
G. When an appeal is filed challenging the methodology adopted by the City Council, the City
Manager Administrator shall prepare a written report and recommendation within twenty (20)
working days of receipt for presentation to the Council at its next regular meeting. The Council
shall, by resolution, approve, modify or reject the report and recommendation of the City
Manager Administrator, or may adopt a revised methodology by resolution, if required. Any
legal action contesting the City Council’s decision in the appeal shall be filed within sixty (60)
days of the Council’s decision.
SECTION 62. Ashland Municipal Code 4.20.090 is hereby amended as follows:
4.20.090 Collection of Charge
A. The systems development charge is payable upon, and as a condition of, issuance or
approval of:
1. A building permit;
2. A development permit;
3. A permit for a development not requiring the issuance of a building permit;
4. A permit or other authorization to connect to the water, sanitary sewer or storm drainage
systems;
5. A right-of-way access permit; or
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6. A planning action or change in occupancy (as defined in the Uniform Building Code) that
will increase the demands on any public facility for which systems development charges are
charged.
B. If development is commenced or connection is made to the water system, sanitary sewer
system or storm sewer system without an appropriate permit, the systems development charge is
immediately payable upon the earliest date that a permit was required, and it will be unlawful for
anyone to continue with the construction or use constituting a development until the charge has
been paid or payment secured to the satisfaction of the City Manager Administrator.
C. Any and all persons causing a development or making application for the needed permit, or
otherwise responsible for the development, are jointly and severally obligated to pay the charge,
and the City Manager Administrator may collect the said charge from any of them. The City
Manager Administrator or his/her designee shall not issue any permit or allow connections
described in Subsection A of this section until the charge has been paid in full or until an
adequate secured arrangement for its payment has been made, within the limits prescribed by
resolution of the City Council.
D. An owner of property obligated to pay a system development charge may apply to pay the
charge in semi-annual installments over a period not exceeding ten years as provided in this
section.
1. The minimum charge subject to payment by installments shall be $2,000 and the
maximum charge that may be subject to payment by installments shall not exceed $200,000.
The minimum semi-annual installment shall be $1,000. Installments shall include interest on
the unpaid balance at annual rate of six percent (6%) for a five-year installment loan or seven
percent (7%) for a 10-year installment loan. A one-year installment loan shall not be subject
to an annual interest rate provided all charges are paid prior to the City’s issuance of the
Certificate of Occupancy, time of sale, or within one year of when the charge was imposed,
whichever comes first.
2. The installment application shall state that the applicant waives all irregularities or
defects, jurisdictional or otherwise, in the proceedings to cause the system development
charge.
3. The application shall also contain a statement, by lots or blocks, or other convenient
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description of the property meeting the requirements of ORS 93.600, subject to the charge.
4. A systems development charge subject to installment payments shall be chargeable as a
lien upon the property subject to the charge. Pursuant to ORS 93.643(2)(c), the City Recorder
shall record notice of the installment payment contract with the Jackson County Clerk. The
applicant shall pay the recording charges.
SECTION 63. Ashland Municipal Code 4.20.110 is hereby amended as follows:
4.20.110 Credits
A. When development occurs that gives rise to a system development charge under AMC
Section 4.20.040, the system development charge for the existing use shall be calculated and if it
is less than the system development charge for the proposed use, the difference between the
system development charge for the existing use and the system development charge for the
proposed use shall be the system development charge required under AMC Section 4.20.040. If
the change in use results in the systems development charge for the proposed use being less than
the system development charge for the existing use, no system development charge shall be
required; however, no refund or credit shall be given.
B. The limitations on the use of credits contained in this subsection shall not apply when credits
are otherwise given under this section. A credit shall be given for the cost of a qualified public
improvement associated with a development. If a qualified public improvement is located
partially on and partially off the parcel of land that is the subject of the approval, the credit shall
be given only for the cost of the portion of the improvement not attributable wholly to the
development. The credit provided for by this subsection shall be only for the improvement fee
charged for the type of improvement being constructed and shall not exceed the improvement fee
even if the cost of the capital improvement exceeds the applicable improvement fee. Credits paid
as a permit for development will expire five years after paid. The credit shall be apportioned
equally among all single-family residential lots (where such credit was granted for subdivisions).
Credits for other types of developments shall be allocated to building permits on a first-come,
first-served basis until the credit is depleted.
C. Applying the methodology adopted by resolution, the City Manager Administrator or
designee shall grant a credit against the improvement fee, for a capital improvement constructed
as part of the development that reduces the development’s demand upon existing capital
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improvements or the need for future capital improvements or that would otherwise have to be
provided at City expense under then existing Council policies.
D. Credits for additions to dedicated park land, or development of planned improvements on
dedicated park land, shall only be granted by the City Manager Administrator upon
recommendation by the Park and Recreation Commission for land or park development projects
identified in the Capital Improvement Plan, referred to in AMC Section 4.20.070.B.
E. In situations where the amount of credit exceeds the amount of the system development
charge, the excess credit is not transferable to another development. It may be transferred to
another phase of the original development.
F. Credit shall not be transferable from one type of capital improvement to another.
SECTION 64. Ashland Municipal Code 4.20.130 is hereby amended as follows:
4.20.130 Segregation and Use of Revenue
A. All SDC proceeds are to be segregated by accounting practices from all other funds of the
City. SDC proceeds shall be used only for capital improvement of the type for which they were
collected and authorized costs and overhead.
B. The City Manager Administrator shall provide the City Council with an annual
accounting, based on the City’s fiscal year, for SDCs showing the total amount of SDC revenues
collected for each type of facility and the projects funded from each account in the previous
fiscal year. A list of the amounts spent on each project funded in whole or in part with SDC
revenues shall be included in the annual accounting.
C. The monies deposited into each SDC account shall be used solely as allowed by this chapter
and State law, including, but not limited to:
1. Design and construction plan preparation;
2. Permitting and fees;
3. Land, easements, and materials acquisition, including any cost of acquisition or
condemnation, including financing, legal and other costs;
4. Construction of capital improvements;
5. Design and construction of new utility facilities required by the construction of capital
improvements and structures;
6. Relocating utilities required by the construction of improvements;
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7. Landscaping;
8. Construction management and inspection;
9. Surveys, soils, and materials testing;
10. Acquisition of capital equipment;
11. Repayment of monies transferred or borrowed from any budgetary fund of the City
which were used to fund any of the capital improvements as herein provided; and
12. Payment of principal and interest, necessary reserves and cost of issuance under bonds
or other indebtedness issued by the City to fund capital improvements.
SECTION 65. Ashland Municipal Code 4.20.140 is hereby amended as follows:
4.20.140 Refunds
A. Refunds shall be given by the City Manager Administrator upon finding that there was a
clerical error in the calculation of a system development charge.
B. Refunds shall not be allowed for failure to timely claim a credit under AMC Section
4.20.110, or for failure to seek an alternative system development charge rate calculation at the
time of submission of an application for a building permit.
C. Refunds may be given on application of a permittee if the development did not occur and all
permits for the development have been withdrawn.
SECTION 66. Ashland Municipal Code 4.20.150 is hereby amended as follows:
4.20.150 Appeal Procedures
A. As used in this section “working day” means a day when the general offices of the City are
open to transact business with the public.
B. A person aggrieved by a decision required or permitted to be made by the City Manager
Administrator or designee pursuant to AMC under Sections 4.20.010 through 4.20.130 or a
person challenging the propriety of an expenditure of systems development charge revenues may
appeal the decision or expenditure by filing a written notice of appeal request with the City
Recorder for consideration by the City Council. Such appeal shall describe with particularity the
decision or the expenditure from which the person appeals and shall comply with subsection D
of this section.
C. An appeal of an expenditure must be filed within two (2) years of the date of alleged
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improper expenditure. An appeal petition challenging the adopted methodology shall be filed not
later than sixty (60) days from the date of the adoption of the methodology. Appeals of any other
decision must be filed within ten (10) working days of the date of the decision.
D. The appeal shall state:
1. The name and address of the appellant;
2. The nature of the determination being appealed;
3. The reason the determination is incorrect; and
4. What the correct determination should be.
An appellant who fails to file such a statement within the time permitted waives any objections,
and the appeal shall be dismissed.
E. Unless the appellant and the City agree to a longer period, an appeal shall be heard within
thirty (30) calendar days of the receipt of the written appeal. At least ten (10) working days
prior to the hearing, the City shall mail notice of the time and location thereof to the appellant.
F. The City Council shall hear and determine the appeal on the basis of the appellant’s written
statement and any additional evidence the appellant deems appropriate. At the hearing, the
appellant may present testimony and oral argument personally or by counsel. The City may
present written or oral testimony at this same hearing. The rules of evidence as used by courts of
law do not apply.
G. The appellant shall carry the burden of proving that the determination being appealed is
incorrect and what the correct determination should be.
H. The City Council shall render its decision within fifteen (15) business days after the hearing
date and the decision of the Council shall be final. The decision shall be in writing but written
findings shall not be made or required unless the Council, in its discretion, elects to make
findings for precedential purposes. Any legal action contesting the Council’s decision on the
appeal shall be filed within sixty (60) calendar days of the Council’s decision.
SECTION 67. Ashland Municipal Code 4.26.060 is hereby amended as follows:
4.26.060 Enforcement
Any charge due hereunder which is not paid when due may be recovered in an action at law by
the City. In addition to any other remedies or penalties provided by this or any other ordinance of
the City, failure of any user of City utilities within the City to pay said charges promptly when
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due shall subject such user to discontinuance of any utility services provided by the City and the
City Manager Administrator is hereby empowered and directed to enforce this provision
against such delinquent users. The employees of the City shall, at all reasonable times, have
access to any premises served by the City for inspection, repair, or the enforcement of the
provisions of this chapter. In addition to any other remedy or penalty provided herein, failure to
remit the fee provided herein when due shall be considered a Class I violation and each day the
remittance is late shall constitute a separate offense.
SECTION 68. Ashland Municipal Code 4.27.080 is hereby amended as follows:
4.27.080 Enforcement
Any fee due which is not paid when due may be recovered in an action at law by the City. In
addition to any other remedies or penalties provided by this or any other provision of the
Ashland Municipal Code City ordinance, failure of any person responsible to pay fees promptly
when due shall subject the person responsible to discontinuance of any utility services provided
by the City, and the City Manager Administrator is empowered and directed to enforce this
provision against such delinquent users. The employees of the City shall, at all reasonable times,
have access to any improved property served by the City for inspection, repair, or the
enforcement of the provisions of this chapter. In addition to any other remedy or penalty
provided herein, failure to remit the fee provided herein when due shall be considered a Class I
violation and each day the remittance is late shall constitute a separate offense.
SECTION 69. Ashland Municipal Code 4.28.070 is hereby amended as follows:
4.28.070 Powers and Duties of Director of Finance
The Director of Finance of the City shall have the power and duty, and is hereby directed to
enforce each and all of the provisions of this Chapter. The Director of Finance, subject to the
prior approval of the City Manager Administrator and City Attorney, shall have power to
adopt rules and regulations not inconsistent with the provisions of this Chapter for the purpose of
carrying out and enforcing the payment, collection and remittance of the taxes herein imposed;
and a copy of such rules and regulations shall be on file and available for public examination in
the office of the Director of Finance.
SECTION 70. Ashland Municipal Code 4.32.180 is hereby amended as follows:
4.32.180 Appeal of Suspension Orders
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A. Any person who is sent a notice of suspension under AMC Section 4.32.170 may appeal the
suspension action to the City Council by giving written notice to the City Recorder within thirty
(30) days after mailing of the notice of suspension. The filing of a Notice of Appeal shall stay the
suspension until disposition of the appeal by the Council.
B. The City Manager Administrator shall place the appeal on the City Council agenda to be
heard within thirty (30) days of the date of filing. At the hearing, the appellant and the Chief
shall be given an opportunity to present whatever facts or arguments they deem relevant to the
suspension of the permit; provided, however, that the City Council shall not review any dispute
concerning the validity of the false alarm charges.
SECTION 71. Ashland Municipal Code 4.35.020 is hereby amended as follows:
4.35.020 Imposition of Specific Fees and Charges
A. Uncontested noncriminal violations/mail. The fees for Court Costs shall be incorporated
into a bail schedule published by the City Manager Administrator or designee in accordance
with the Ashland Municipal City Code. The Court Costs shall be incorporated into the base
fine amount in the bail schedule, resulting in a higher base fine for violation citations issued by
the City Police and Code Compliance Officers.
B. Trials. The Court or Violations Bureau in a criminal action shall impose the fees for Trial or
Default Judgments, if applicable, only when a defendant is found guilty after a trial.
C. Other Fees and Charges. The Court shall impose all applicable fee(s) and charge(s) as set by
forth in the a resolution of the City Council, unless a waiver or reduction is granted in
accordance with AMC 4.35.030 or applicable law. All applicable fees shall be reflected on any
judgment or agreement.
D. The Court shall not impose fees or charges when the charge is dismissed upon a by motion
of the City Attorney, for whatever reason, including a plea bargain. For purposes of this section,
fees and charges shall not include restitution to the victim for an offense dismissed by plea
bargain. Routine motions to dismiss successfully completed diversions, deferred sentences,
compromises, mediations, and like actions shall not cause such actions to be exempt from fees
and charges under this section.
SECTION 72. Ashland Municipal Code 6.32.020 is hereby amended as follows:
6.32.020 Definitions
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A. Administrator. The City Manager Administrator of the City, or a designee.
B. Applicant. The person or persons submitting an application for a liquor license.
C. Application. The application forms supplied by the Oregon Liquor Control Commission.
D. City. The City of Ashland.
E. Council. The City Council of the City of Ashland.
SECTION 73. Ashland Municipal Code 6.32.070 is hereby amended as follows:
6.32.070 Appeal Procedures
An appeal of the City Recorder’s recommendation pursuant to AMC 6.32.050 shall be processed
in accordance with the Uniform Administrative Appeals Ordinance AMC Chapter 2.30,
except that the appeal shall be filed and processed in the office of the City Manager
Administrator. The appeal must be filed within ten (10) calendar days of the date of the letter or
personal notice from the City recorder stating that an unfavorable recommendation will be made
to the City Council.
SECTION 74. Ashland Municipal Code 6.36.020 is hereby amended as follows:
6.36.020 Mandatory Requirements
All makers are responsible for the safety of film participants, spectators and the general public
throughout the duration of the film production.
All film makers are responsible for minimizing inconvenience and disruption to citizens,
businesses and city services.
A film permit is required for any film activities that will result in street closures or street
obstructions; sidewalk closures or obstructions; exclusive parking for longer than 24 hours or
longer than posted time limits; or exclusive use of city property or facilities.
All film activities whether permitted or not permitted, must be conducted in full compliance with
Ashland Municipal Code and specifically including: AMC Chapter 9 (Health and Sanitation),
AMC Chapter 10 (Public Peace, Morals and Safety), AMC Chapter 11 (Vehicles and Traffic),
AMC Chapter 15 (Buildings and Constructions), AMC Title Chapter 18 (Land use).
In addition:
1. Before any filming on property not owned or controlled by the City takes place, the
consent or permission of the person who owns or controls the property is required
2. The film activity must not threaten or cause damage to public property.
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3. Cleanup. Any filming on City-owned property must be conducted in an orderly fashion
with continuous attention to the storage of equipment not in use and the cleanup of trash and
debris. The area used must be clean of trash and debris within four (4) hours after completion
of filming at the scene and restored before conclusion of filming-related activities on the site.
If the site is not cleaned, repaired and restored to the City’s satisfaction, the City Manager
Administrator will have the necessary work performed and charge the cost of the necessary
work to the film maker.
4. The filming must not interfere with normal governmental or City operations.
5. The filming must not interfere with pedestrian or vehicular traffic unless a film permit is
secured.
6. The filming must not result in an increased fire hazard, and all proper safety precautions
must be taken.
7. As a courtesy to neighboring businesses and households, film makers must notify
neighbors within two hundred (200) feet radius of the film locations of filming activities at
least seventy-two (72) hours prior to the first day of filming at that location.
8. Film activities cannot block or pose tripping hazards for pedestrians’ access on
sidewalks, pathways, park land, etc.
9. Film activities cannot block parking spaces for longer than the stated limit or block
vehicular or cycle traffic in streets or bike lanes unless a film permit is secured.
SECTION 75. Ashland Municipal Code 6.36.030 is hereby amended as follows:
6.36.030 Permit Required
A. A film permit is required for all film activities that require the exclusive use of public
property.
B A. Any person desiring a film permit under the provisions of this chapter shall submit an
application on the appropriate form provided by the City Manager Administrator or the City
Manager’s a designee. Such application must be submitted at least ten (10) working days prior
to the date on which such person desires to conduct an activity for which a permit is required.
Applications received less than ten (10) days prior to filming will be subject to additional fees.
SECTION 76. Ashland Municipal Code 6.36.050 is hereby amended as follows:
6.36.050 Permit Issuance - Conditions
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The City Manager Administrator shall issue a permit as provided for in this chapter when,
from a consideration of the application and from such other information as may be otherwise
obtained, it is found that:
A. The conduct of such activity will not unduly interfere with traffic or pedestrian movement or
endanger public safety.
B. No residential streets will be completely closed to traffic.
C. Directly affected residents and businesses will be notified, in writing, at least seventy-two
(72) hours prior to any filming.
D. The conduct of such activity will not unduly interfere with normal governmental or City
operations; threaten or result in damage or detriment to private or public property. Should the
City incur costs or expenditures for special accommodations and services, for repairs and
maintenance, or for personnel not reimbursed in advance by the applicant, the City shall bill the
applicant for such costs.
E. The conduct of such activity will not constitute a fire hazard and all proper safety
precautions will be taken.
F. The conduct of such activity will not require the diversion of so great a number of police
officers of the City as to interfere with normal police protection of other areas in the City.
G. The conduct of such activity would not unduly affect the public health, safety or general
welfare of residents or businesses in the immediate area.
SECTION 77. Ashland Municipal Code 6.36.060 is hereby amended as follows:
6.36.060 Appeal
The decision of the City Manager Administrator to issue, conditionally issue, or not issue a
permit is final unless appealed within ten (10) working days of the decision pursuant to the
uniform administrative appeals process in AMC Chapter 2.30, except that the hearings
officer shall be someone other than the City Manager Administrator or a city employee
supervised by the City Manager Administrator.
SECTION 78. Ashland Municipal Code 6.36.070 is hereby amended as follows:
6.36.070 Cost of Additional Services
If deemed necessary by the City Manager Administrator, additional police, fire, lifeguard and
other City services shall be provided for the purpose of protecting, assisting and regulating the
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proposed activity. The cost of providing such additional services shall be paid to the City by the
applicant. Any additional City services will be provided/coordinated through the City Manager
Administrator or a designee.
SECTION 79. Ashland Municipal Code 6.36.090 is hereby amended as follows:
6.36.090 Filming Regulations
A. Advance Notice for Approval. An applicant must submit a permit request at least ten (10)
working days prior to the date on which filming is due to begin.
B. Public Works Department. If the applicant must park equipment, trucks, and/or cars for
extended period where parking is typically not permitted, temporary “No Parking” Signs must be
posted. The applicant must also obtain permission if there is a need to string cable across
sidewalks, or from a generator to a service point.
C. Traffic Control. For filming that would impair traffic flow, an applicant must use certified
flaggers or local law enforcement personnel and comply with all traffic control requirements
deemed by the City to be necessary.
1 a. An applicant must furnish and install advance warning signs and any other traffic
control devices in conformance with the Oregon Temporary Traffic Control Handbook, State
of Oregon Department of Transportation. All appropriate safety precautions must be taken.
2 b. Traffic may be restricted to one 12-foot lane of traffic and/or stopped intermittently.
The period of time that traffic may be restricted will be determined by the City Manager
Administrator, based on location and time of day.
3 c. Any emergency roadwork or construction by the City of Ashland and/or private
contractors, under permit or contract to the City, will have priority over filming activities.
4 d. Parking Lots. When parking in a City parking lot, an applicant may be billed according
to the current rate schedule established by the City of Ashland. In order to assure the safety
of citizens, roads which serve as emergency service roads, must never be blocked. No
relocation, alteration, or moving of signage or structure will be permitted without prior
approval.
5.e. Notification. All resident and merchants within a two hundred (200) feet radius of the
film location must receive notice of filming at least 48 hours prior to the first day of filming.
D. Sanitary Facilities. The applicant must furnish one (1) portable toilet facility for each
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twenty-five (25) persons or fraction thereof employed if the activity site is over five hundred
(500) feet from a public toilet facility or private toilet facility which is made available to
applicant and employees and kept open during said activity.
SECTION 80. Ashland Municipal Code 6.36.100 is hereby amended as follows:
6.36.100 Conditions - Restrictions
The applicant shall comply with any conditions or restrictions the City Manager Administrator
may impose as a condition to issuing a permit pursuant to the provisions of this chapter when
such conditions or restrictions relate to the provisions of AMC Section 6.36.060. No changes in
the date for which the permit has been issued shall be made without first obtaining approval of
the City Manager Administrator, and compliance with the established time limitations.
SECTION 81. Ashland Municipal Code 6.50.020 is hereby amended as follows:
6.50.020 Definitions
A. “Administrator” means the City Manager Administrator of the City of Ashland or his/her
designee.
B. “CFR Schedule I or Schedule II” means the controlled substances designated in the Code of
Federal Regulations Title 21, Chapter II, Part 1308.
C. “Company Principal” means a person who is an officer or director of a legal entity or has a
controlling interest in the entity, through ownership or control of 10% or more of the stock in the
entity or 10% or more of the total membership interest in the entity or 10% or more of the total
investment interest in the entity.
D. “Convicted” means found guilty by verdict or finding entered in a criminal proceeding in a
court of competent jurisdiction.
E. “Dispensary” means a medical marijuana dispensary.
F. “Financial Interest” exists when a person, the person’s immediate family, or a legal entity of
which the person is a company principal (1 receives or is entitled to receive directly or indirectly
any of the benefits of the dispensary; (2) rents or leases real property to the operator for use by
the business; (3) rents or leases personal property to the operator for a commercially
unreasonable rate; (4) lends or gives money, real property or personal property to the operator for
use in the business. For purposes of this section, monies owed to suppliers and contractors for the
reasonable cost of goods and services received do not constitute a financial interest in a
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dispensary.
G. “Marijuana” means all parts of the plant of the Cannabis Moraceae, whether growing or not,
the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant or its resin, as may be defined by Oregon Revised Statutes or
as they currently exist or may from time to time be amended. It does not include the mature
stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant,
any other compound, manufacture, salt, derivative, mixture, or predation of the mature stalks
(except the resin extracted there from), fiber, oil, or cake, or the sterilized seed of the plant which
is incapable of germination.
H. “Medical Marijuana” means all parts of marijuana plants that may be used to treat or
alleviate a qualifying patient’s debilitating medical condition or symptoms associated with the
patient’s debilitating medical condition.
I. “Medical Marijuana Dispensary” means a medical marijuana facility that is registered by the
Oregon Health Authority under ORS 475.300 to 475.346 and that sells, distributes, transmits,
gives, dispenses or otherwise provides medical marijuana to medical marijuana qualifying
patients.
J. “Medical Marijuana Qualifying Patient” means a registry identification cardholder (person
who has been diagnosed by a physician as having a debilitating medical condition) as further
defined by ORS 475.302(3) or the designated primary caregiver of the cardholder is defined by
ORS 475.302(5).
K. “Minor” means any person under 18 years of age.
L. “Operator” means the person who is the proprietor of a dispensary, whether in the capacity
of owner, lessee, sub-lessee, mortgagee in possession, licensee or any other capacity. If the
operator is a corporation, the term operator also includes each and every member of the
corporation’s Board of Directors whose directorship occurs in a period during which the
dispensary is in operation. If the operator is a partnership or limited liability company, the term
operator also includes each and every member thereof whose membership occurs in a period
during which the dispensary is in operation.
M. “Person” means natural person, joint venture, joint stock company, partnership, association,
club, company, corporation, business, trust, organization, or any group or combination acting as
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a unit, including the United States of America, the State of Oregon and any political subdivision
thereof, or the manager, lessee, agent, servant, officer or employee of any of them.
N. “Premises” means a location registered by the State of Oregon as a medical marijuana
dispensary and includes all areas at the location that are used in the business operated at the
location, including offices, kitchens, restrooms, storerooms, and including all public and private
areas where individuals are permitted to be present.
SECTION 82. Ashland Municipal Code 9.08.170 is hereby amended as follows:
9.08.170 Unnecessary Noise
A. Definitions. For the purposes of this section only, the following words shall have the
meaning provided in this subsection paragraph.
1. Emergency. means any occurrence or set of circumstances involving actual or imminent
physical trauma or property damage demanding immediate attention.
2. Emergency Work . means any work performed for the purpose of preventing or
alleviating physical trauma or property damage, whether actually caused or threatened by an
emergency, or work by private or public utilities when restoring utility service.
3. City Administrator. the City Administrator of City or the City Administrator’s
designee.
3 4. Noise Sensitive Area . means includes, but is not limited to, real property normally
used for sleeping, or normally used as a school, church, hospital or public library.
4 5. Plainly audible . means any sound that can be detected by a reasonable person of
ordinary sensitivities using his or her unaided hearing faculties.
5 6. Public right-of-way . means any street, sidewalk, or similar place normally accessible
to the public which is owned or controlled by a government entity.
6 7. Public space . means any real property or structures on real property, owned by a
government entity and normally accessible to the public, including but not limited to parks
and other recreational areas.
7 8. Residential property . means. any real property located in a residentially zoned district
pursuant to the local land use code.
B. General Prohibition. No person shall make, continue, or assist in making:
1. Any unreasonably loud, disturbing, or raucous noise; or
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2. 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;
3. 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.
C. The standard for judging loud, disturbing and unnecessary noises shall be that of an average,
reasonable person with ordinary sensibilities after taking into consideration:
1. The character of the neighborhood in which the noise is made and the noise is heard;
2. The proximity of the sound to sleeping facilities, whether residential or commercial;
3. The land use, nature, and zoning of the area from which the sound emanates and the area
where it is received or perceived;
4. The time of day or night the sound occurs;
5. The duration of the sound; and
6. Whether the sound is recurrent, intermittent, or constant.
D. Noises Prohibited. The following acts are declared to be per se violations of this Ordinance.
This enumeration does not constitute an exclusive list:
1. Unreasonable Noises. The unreasonable making of, or knowingly and unreasonably
permitting to be made, any unreasonably loud, boisterous or unusual noise, disturbance,
commotion or vibration in any boarding facility, dwelling, place of business or other
structure, or upon any public street, park, or other place or building. The ordinary and usual
sounds, noises, commotion or vibration incidental to the operation of these places when
conducted in accordance with the usual standards of practice and in a manner which will not
unreasonably disturb the peace and comfort of adjacent residences or which will not
detrimentally affect the operators of adjacent places of business are exempted from this
provision.
2. Animals and Birds. Unreasonably loud and raucous noise emitted by an animal or bird
for which a person is responsible. A person is responsible for an animal if the person owns
controls or otherwise cares for the animal or bird.
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3. Vehicle Horns, Signaling Devices, and Similar Devices. The sounding of any horn,
signaling device, or other similar device, on any automobile, motorcycle, or other vehicle on
any right-of-way or in any public space of the City, for more than ten consecutive seconds.
The sounding of any horn, signaling device, or other similar device, as a danger warning is
exempt from this prohibition.
4. Nonemergency Signaling Devices. Sounding or permitting sounding of any amplified
signal from any bell, chime, siren, whistle or similar device, intended primarily for
nonemergency purposes, from any place for more than ten consecutive seconds in any hourly
period. The reasonable sounding of such devices by houses of religious worship, ice cream
trucks, seasonal contribution solicitors or by the City for traffic control purposes are exempt
from the operation of this provision.
5. Emergency Signaling Devices. The intentional sounding or permitting the sounding
outdoors of any emergency signaling device including fire, burglar, civil defense alarm,
siren, whistle, or similar emergency signaling device, except in an emergency or except as
provided in subsections (a) and (b), below.
a. Testing of an emergency signaling device shall occur between 7:00 a.m. and 7:00
p.m. Any testing shall use only the minimum cycle test time. In no case shall such test
time exceed five minutes. Testing of the emergency signaling system shall not occur
more than once in each calendar month.
b. If a false or accidental activation of an alarm occurs more than twice in a calendar
month, the owner or person responsible for the alarm shall be in violation of this chapter
Ordinance.
6. Construction or Repair of Buildings, Excavation of Streets and Highways. The
construction, demolition, alteration or repair of any building or the excavation of streets and
highways other than between the hours of 7:00 a.m. and 7:00 p.m., on weekdays, and 8:00
a.m. and 6:00 p.m. on weekends and holidays, except in the case of an emergency in the
interest of the public welfare and safety. In cases of emergency, construction or repair noises
are exempt from this provision. In nonemergency situations, the City Manager
Administrator may issue a permit, upon application, if the City Manager Administrator
determines that the public health and safety, as affected by loud and raucous noise caused by
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construction or repair of buildings or excavation of streets and highways between the hours
of 7:00 p.m. and 7:00 a.m. will not be impaired, and if the City Manager 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 five days. The permit may
be renewed once for a period of five (5) days or less. The actual owner of property may do
work on property which is owner occupied between the hours of 6:00 p.m. and 10:00 p.m.
without obtaining a permit under this paragraph.
7. Radios, Televisions, Boomboxes, Stereos, Musical Instruments and Similar Devices. The
use or operation of a radio, television, boombox, stereo, musical instrument, or similar device
that produces or reproduces sound in a manner 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 which unreasonably disturbs the peace, quiet, and comfort of neighbors and
passers-by, or is plainly audible at a distance of 50 feet from any person in a commercial,
industrial area, or public space. The use or operation of a radio, television, boombox, stereo,
musical instrument, or similar device that produces or reproduces sound in a manner 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 or noise sensitive areas, including multi-family or single-
family dwellings.
8. 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 Administrator. The City Manager Administrator may grant a
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. If the City Manager Administrator does not grant the permit, the matter may be
appealed to an outside hearings officer pursuant to AMC Chapter 2.30. 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.
9. Yelling, Shouting, and Similar Activities. Yelling, shouting, hooting, whistling, or
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singing in residential or noise sensitive areas or in public places, between the hours of 10:00
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. 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.
10. Noise Sensitive Areas - Schools, Courts, Churches, Hospitals, and Similar Institutions.
The creation of any unreasonably loud and raucous noise adjacent to any noise sensitive area
while it is in use, which unreasonably interferes with the workings of the institution or which
disturbs the persons in these institutions; provided that conspicuous signs delineating the
boundaries of the noise sensitive area are displayed in the streets surrounding the noise
sensitive area.
11. Blowers, and Similar Devices. In residential or noise sensitive areas, between the hours
of 9:00 p.m. and 8:00 7:00 a.m., the operation of any noise-creating blower, power fan,
power tools or any internal combustion engine, the operation of which causes noise due to
the explosion of operating gases or fluids; provided, that the noise is unreasonably loud and
raucous and can be heard across the property line of the property from which it emanates.
12. Commercial Establishments Adjacent to Residential Property. Unreasonably loud and
raucous noise from the premises of any commercial establishment, including any outdoor
area which is part of or under the control of the establishment, between the hours of 11:00
p.m. and 7:00 a.m., which is plainly audible at from the property line of any residential
property.
The use of a mechanical device operated by compressed air, steam, or otherwise, unless the
noise thereby created is effectively muffled
E. Generally sound measurements are not required for enforcement of this chapter; however,
sound measurements are required for enforcement pursuant to this section. If sound
measurements are taken, they shall be taken with a sound level meter in good operating
condition. Any source of noise which exceeds the following standards is considered a public
nuisance:
1. Decibel Noise Standards. Allowable Statistical Noise Levels in any One Hour:
7 a.m. to 9 p.m. 9 p.m. to 7 a.m.
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L50 – 50 DBA L50 – 45 DBA
L10 – 55 DBA L10 – 50 DBA
L1 – 60 DBA L1 – 55 DBA
where:
L50 = noise level exceeded 50% of the time
L10 = noise level exceeded 10% of the time
L1 = noise level exceeded 1% of the time
2. Where measured. Measurement of a noise source shall be made from the closest property
line of a residential property.
3. Heat Pumps or Mechanical Devices.
a. No person shall operate a commercial or residential heat pump, air-conditioning unit,
or similar mechanical device if noise levels from its operation exceed forty-five (45)
DBA from the closest property line of a residential property on an adjacent parcel of land
characterized as a noise sensitive area.
b. No person shall operate a commercial or residential heat pump, air-conditioning unit,
or similar mechanical device that was installed prior to 1981 if noise levels from its
operation exceed fifty (50) DBA from the closest property line of a residential property
on an adjacent parcel of land characterized as a noise sensitive area.
c. Heat Pumps or Mechanical Devices is a Class II violation.
4. Variances. The Council may grant variance to the Decibel Noise Standards when it finds
that strict compliance with the ordinance would cause an unusual and unreasonable hardship
to a commercial or industrial use.
a. The Council shall notify all adjacent residential structures within 200 ft. of the
proposed variance and shall hold the public hearing on the variance prior to making any
decisions on the request for a variance.
b. The variance shall be the minimum necessary to alleviate the unreasonable hardship.
F. Exemptions.
1. Sounds caused by the following are exempt from the prohibitions set out in paragraph D
and are in addition to the exemptions specifically set forth in paragraph D:
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a. Sounds of regular vehicular traffic upon premises open to the public; provided, that
the prohibition of paragraph D.3 continues to apply.
b. Sirens, whistles, or bells lawfully used by emergency vehicles, or other alarm systems
used in case of fire, collision, civil defense, police activity, or imminent danger; provided,
that the prohibition contained in paragraph D.5 continues to apply.
c. The emission of sound for the purpose of alerting persons to the existence of an
emergency or the emission of sound in the performance of emergency work.
d. Sounds regulated by federal law, including, but not limited to, sounds caused by
railroads or airports.
e. Bell tower chimes.
f. Temporary Construction activities. Noise from temporary construction activities that
take place between 7:00 a.m. to 9 p.m.
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.
G. Penalty. Any violation of this section is punishable as provided under AMC 9.08.990.
SECTION 83. Ashland Municipal Code 9.22.040 is hereby amended as follows:
9.22.040 Exemptions
The City Manager Administrator, or designee, may exempt a multi-family complex from the
requirements of this chapter upon a showing by the applicant that the conditions of this chapter
would cause undue hardship. The phrase “undue hardship” shall be construed to include, but not
be limited to:
1. Situations where the physical environment of an existing complex cannot be reasonably
adapted to provide the opportunity to recycle;
2. Situations where the opportunity to recycle is being met is some other manner; or
3. Situations where compliance with the requirements of this chapter Ordinance would
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deprive a person of a legally-protected right.
SECTION 84. Ashland Municipal Code 9.24.040 is hereby amended as follows:
9.24.040 Restrictions on of Wood Burning and Emissions on High Pollution Days
A. Operation of Solid Fuel Burning Device Prohibition.
1. The operation of solid fuel burning device within the City of Ashland during a high
pollution period shall be prohibited unless an exemption has been granted pursuant to section
9.24.040.B. A presumption of violation for which a citation shall be issued shall arise if
smoke is being discharged through a flue or chimney after a time period of three (3) hours
has elapsed from the time of declaration of the high pollution period.
2. Notwithstanding subsection 9.24.040.A.1, the operation of an Oregon certified stove shall
be permitted during a high pollution period so long as no visible emissions of smoke are
discharged through a flue or chimney after a time period of three hours has elapsed from the
time of the declaration of the high pollution period. The provisions of this subsection shall
not apply to emissions of smoke during the starting or refueling of a fire for a period not to
exceed thirty (30) minutes in any four (4)-hour period.
3. After June 30, 2000, no property owner within the City of Ashland shall rent or lease a
residential unit that is not equipped with a secondary source of heat other than a solid fuel
burning device, unless the landlord has a valid exemption under subsection 9.24.040.B.2.
Should a violation of this section occur it shall be attributable to the property owner and not
to the tenant or lessee.
B. Exemptions. It is permissible for a household to operate a solid fuel burning device within
the City of Ashland during a high pollution period when the head of that household has obtained
one of the following exemptions. Exemptions granted under this section shall expire on
September 1 of each year.
1. Economic Need. An exemption for an economic need to burn solid fuel for residential
space heating purposes may be issued to heads of households who can show their eligibility
for energy assistance under the Federal Department of Energy Low-income Energy
Assistance Program, as administered by ACCESS, Inc. or other approved entity.
2. Sole Source. An exemption may be issued to the heads of households who sign a
statement declaring their reliance on a solid fuel burning device as the sole source of heat for
their residence. Sole source exemptions shall not be issued after June 30, 2000, unless the
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residence is approved for installation of an alternative heating source through a woodstove
replacement program guidelines or in the absence of such a program when the head of the
household can show that the family income is less than 80% of the median income level for
the Medford metropolitan area as established by the Federal Department of Housing and
Urban Development.
3. Special Need. Upon a showing of special need, as determined by the City Manager
Administrator or the City Manager’s designee, a temporary exemption may be granted
authorizing the burning of a solid fuel burning device notwithstanding Subsection
9.24.040.A.1. “Special need” shall include, but not be limited to, occasions when a furnace
or central heating system is inoperable other than through the owner or operator’s own
actions or neglect.
SECTION 85. Ashland Municipal Code 9.28.050 is hereby amended as follows:
9.28.050 Training and Authorization
A. No city employee shall use or apply any pesticide without prior training. Training shall
include effective and alternative methods of pest control as well as safety considerations. The
City Manager Administrator shall designate a city employee to be responsible for the creating
and overseeing a training and education program.
B. No city employee shall use or apply any pesticide mechanically or by hand without approval
of the employee’s department head or the department head’s designee and event specific
authorization from a certified applicator.
SECTION 86. Ashland Municipal Code 9.50.050 is hereby amended as follows:
9.50.050 Franchise Agreement
A. Franchise Award. No person shall do business in the collection and transport of solid waste
generated within the City without a current, valid City franchise. A franchise to provide solid
waste management and collection services, including recyclable materials and yard debris in the
service area of the City, shall be granted only after a determination of need for the service.
The determination of need is the responsibility of the City Council, which will seek the best
balance of the following objectives:
1. To ensure safe, efficient, economical, equitable and comprehensive solid waste service;
2. To avoid duplication of service that will cause inefficiency, excessive use of fuel,
increased traffic, and greater wear on streets;
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3. To provide service in areas of marginal return;
4. To promote and encourage recycling and resource recovery;
5. To improve the likelihood of the franchise holder making a reasonable profit and thereby
encourage investment in modern equipment;
6. To cooperate with other governmental bodies by recognizing their service arrangements;
and
7. To otherwise provide for the service in a manner appropriate to the public interest.
B. Renewal of Franchises.
1. In granting a franchise renewal, the Council may, in addition to the above, consider the
following:
a. Volumes of solid waste collection and disposal;
b. Volumes of recyclable materials and rate of participation in recycling;
c. Customer satisfaction, including but not limited to customer complaints;
d. Analysis of solid waste collection and recycling programs in other cities as compared
to those of the City, including but not limited to program costs, funding mechanisms and
overall rates of participation in recycling;
e. Franchisee performance of its obligations under the franchise, including a
franchisee’s technical and financial capabilities;
f. Franchisee ability to provide evidence of required insurance; and
g. Franchisee responsiveness to customer or City complaints.
2. Franchises granted by the City shall be nonexclusive; however, it is understood that
during the term of franchises granted under this chapter, the City shall not grant any other
person a franchise for solid waste management services unless there is a showing by the
applicant of the need for such additional service in the proposed service area. As to such
application(s) the existing franchisee shall have first right of refusal to provide such services.
3. In evaluating whether a need exists for additional service, the City Council may consider,
among any other criteria deemed relevant by the City Council, the following items:
a. An increase in the population of the City;
b. An extension of the boundaries of the City;
c. Intensive residential, commercial or industrial development within the boundaries of
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the City;
d. Changes in solid waste technology and/or recycling collection technology that could
substantially improve collection service or reduce collection costs to residents of the City;
e. The effect that an additional franchise would have on each existing franchisee’s
ability to meet the City’s service standards and maintain a fair return on its investment;
f. Changes in federal or state laws, rules or regulations that substantially affect solid
waste or recycling collection requirements;
g. The franchisee cannot or will not perform or subcontract the proposed service.
This chapter does not prohibit any person from self-hauling solid waste and/or recyclables. A
generator may self-haul his or her own material, and a generator’s contractor may haul materials
that are generated as a direct result of the service provider’s activity. For example, landscapers,
roofers, and remodelers may self-haul materials, but may not contract with third parties other
than franchisees for collection and transport.
C. Franchise Terms. A franchise to provide solid waste management and collection services
shall be granted for a period of ten (10) years, beginning December 1, 2013, with subsequent
seven (7) year terms renewing annually, unless prior notice of request to terminate is submitted
by either the City or the franchisee a minimum of ninety (90) days prior to the renewal date.
D. Franchise Fee.
1. Annual Fee. In consideration of the rights and benefits of the terms of the franchise,
franchisee shall pay to the City each year during the life of the franchise beginning
November 1, 2013, an annual fee derived from revenue received by that franchisee from
solid waste management and collection service boundaries of the City. The franchise fee
shall be five percent (5%) of gross revenues.
2. Quarterly Payments. The franchise fee required in Subsection D.1 above shall be paid
quarterly, and shall be due and payable within thirty (30) days of the end of the calendar
quarter. Accompanying the payments described above, franchisee shall file with the City
Manager Administrator or designee a statement showing the amount of the gross revenues
received by that company within the City for the calendar quarter immediately preceding the
calendar quarter in which such statement is filed. There will be a reconciliation of final gross
revenues on the quarterly report ending September 30th of each year for the prior fiscal
period, which is October 1st through September 30th.
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3. Review of Records – Annual Audit. Franchisee shall make available for inspection,
copying and review by the City Manager Administrator or the City Manager’s designee at
any time during normal work hours all records in the franchisee’s possession that the City
Manager Administrator or the City Manager’s designee deems relevant to verifying the
accuracy of fees paid to the City, to regulating rates or to carrying out any responsibility that
the franchisee or the City has under this chapter. No more often than once during any twelve
(12) month period, City may request an audit of the books, records and accounts of
franchisee by a certified public accountant or such other professional chosen by the City to
verify accuracy of fees paid to the City, subject to the approval of the audited franchisee;
provided, however, that such approval shall not be unreasonably withheld. Franchisee agrees
to have their books, records and accounts audited and further agrees to pay for such auditing
services. The report of the certified public accountant or other professional shall be
conclusive and final. In the event such audit report discloses any difference of payment due
either to the City or franchisee through error or otherwise, such payment shall be due and
payable within thirty (30) days of discovery or determination of the error. If payment is owed
by the City to franchisee, the City shall reimburse the franchisee for payment for the portion
of the services attributable to the audit of the franchisee receiving such payment from the
City. If payment is owed by franchisee to the City, and the difference of payment due is
more than the greater of five hundred dollars ($500.00) or two and one-half percent (2½%) of
the franchisee franchise fee, or if the franchisee is found to have violated any other term or
condition of the franchise, then, notwithstanding any other provision of this section or the
franchise, the City may request an additional audit during the next twelve (12) month period
with all expenses of such additional audit paid by such franchisee.
4. Late Payments – Interest. Should franchisee fail or neglect, for thirty (30) days after any
quarterly payment shall become due and payable, to make the quarterly payment, the City
shall provide written notice of failure of payment to franchisee. Upon notification of failure
to pay, franchisee will have thirty (30) days to remit payment to the City. If franchisee fails
to pay within said thirty (30) day period, the City may charge interest retroactive to the due
date, at a rate of nine percent (9%) per annum, and may at its option either continue the
franchise in force and proceed by suit or action to collect the payment, or declare a forfeiture
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of the franchise because of the failure to make payment, but without waiving its right to
collect earned franchise payments and interest.
E. Franchise Administrative Operations Standards and Rules. The solid waste management and
collections franchisee will operate within operations standards set by resolution of the City
Council. Standards and rules will be developed across all customer classifications including, but
not limited to, the following:
1. Service Rates and Fees. Rate and fee schedule for all collection services, programs by
customer classification.
2. Collections.
a. Regular, holiday and hazardous weather schedules.
b. Procedures for missed, bulky waste, vacation hold, etc., collections.
c. Collection receptacle standards and requirements.
d. Receptacle location requirements for pick-up.
e. Private property access rights and limitations.
f. Responsibilities of the customer.
g. Vehicle minimum equipment, maintenance standards, identification/signage and
standards.
3. Customer Service and Communications.
a. Billing standards and frequency.
b. Billing/collection procedures for past due/nonpay accounts.
c. Descriptions, objectives and targets for all services provided across all customer
classifications.
d. Solid waste related programs, education and event promotion.
e. Complaint/dispute resolution procedures.
f. Community communications and outreach plan coordination with City outlining roles
and responsibilities of City and franchisee.
4. Reporting (in Addition to Chapter-Required Reporting).
a. Efficiency analysis reports for routes, billing/collections, etc.
b. Revenue and subscription volume reports by solid waste category (trash, recycle, yard
waste) for various customer classifications (residential and commercial). Debris box
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volumes will be measured by dump and return and/or pull activities.
c. Customer counts and trends over time for residential and commercial customer
classifications. Debris box load counts will be reported in lieu of debris box customer
counts.
F. Subcontracting Services. A franchisee may contract with another person to provide specific
components of solid waste management and collection services within the franchisee’s service
area with the written approval of the City Manager Administrator or the Manager’s designee;
provided, that the subcontract does not amount to a transfer of the collection franchise and the
subcontracting party agrees to:
1. Abide by the conditions of this chapter and associated resolutions; and
2. In written application to the City, show how they will meet the criteria applying to the
current franchise.
G. Transfer of Franchise.
1. A proposed assignment or transfer of a franchise must be requested by the franchisee if
the following occur, but shall not be limited to:
a. A sale, exchange or other transfer of fifty percent (50%) or more of franchisee’s
assets dedicated to service in the City;
b. A sale, exchange, or other transfer of fifty percent (50%) or more of the outstanding
common stock of a franchisee;
c. Any reorganization, consolidation, merger, recapitalization, voting trust, pooling
agreement, escrow arrangement, liquidation or other transaction to which franchisee or
any of its shareholders is a party which results in a change of ownership or control of
fifty percent (50%) or more of the value or voting rights in the stock of the franchisee;
and
d. Any combination of the foregoing that has the effect of a transfer or change of
ownership and control.
2. The franchisee shall provide no less than ninety (90) days’ advance written notice to the
City of any proposed transfer or assignment. Except as specifically authorized by the City,
the franchisee shall not assign any of its rights or delegate or otherwise transfer any of its
obligations to any other person without the prior consent of the City Council. Any such
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assignment without the consent of City Council shall be void and any such attempted
assignment shall constitute default and grounds for termination of the franchise.
3. If a franchisee requests the City’s consent to transfer the franchise, the City shall act on
such request within sixty (60) days of the receipt of the franchisee’s written request together
with all information, as set forth below, required for the City’s action on the request. The
City and franchisee may consent in writing to additional time for the City to review and
approve the consent to transfer the franchise. The City shall not unreasonably refuse to
consent to an assignment of the franchise to a proposed assignee that has sufficient
knowledge, experience, and financial resources so as to be able to meet, to the satisfaction of
the City Council, in its sole discretion, all obligations of the franchisee hereunder. An
application to the City to consider a sale or other transfer of a franchise shall include the
following:
a. A nonrefundable application fee of two thousand dollars ($2,000.00) payable at the
time of application to the City in advance to defray the City’s anticipated expenses and
costs resulting from the franchisee’s request;
b. Financial statements audited or reviewed by a certified public accountant of the
proposed assignee’s operations for the three (3) immediately preceding operating years
together with any additional evidence of financial ability to perform its franchise
obligations; and
c. A showing that the proposed assignee meets all City criteria for the grant of a
franchise as enumerated in this chapter.
H. Establishment and Modification of Service Rates and Fees. Except as set forth herein, the
City Council may review and set rates on an annual basis by Council resolution that considers
the following goals:
1. Rates shall be established to the greatest extent practicable on a cost-of-service basis
based on the ordinance-established cost allocation methodology.
2. Rates shall be adjusted annually by Council resolution equal to the percentage change in
the January-to-January Consumer Price Index for Pacific Division (CPI – Pacific) but not to
exceed the twelve percent (12%) operating margin cap. The City Manager Administrator
or the City Manager’s designee shall certify the CPI – Pacific rate in writing to franchisee
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by March 1st of each year to initiate the rate resolution.
3. Rates shall be adequate to provide an operating margin equal to ten percent (10%) of
franchise-wide gross revenues; however, the City shall not be required to change rates if the
expected operating margin in the next future year falls between eight (8%) and twelve
percent (12%) of gross revenues. The ten percent (10%) target return on gross revenues is
considered sufficient to reflect the level of business risk assumed by the franchisee, to allow
investment in equipment, and to ensure quality collection service.
Accordingly, the City shall have the authority to commission audits, reviews, or analyses of
franchisee annual reports to validate submissions. The expected operating margin in a future
year would incorporate expected inflation factors, and the effect of known or expected
increases or decreases in expenses or revenues. The rates charged by franchisees shall
conform to the most current Council resolution. Prior to implementation, the Council must
approve any interim rate for services not included in the current resolution. If the franchisee
notifies the City in writing that they believe a material change outside the franchisee’s
control has occurred, and the change will have an adverse effect on operating margins, such
that the next future year operating margins will be less than eight percent (8%), a material
change will be deemed to have occurred. At that time, the City may undertake any type of
review it finds necessary to validate the existence of the material change and estimate its
effect on the operating margin. If the results of the review are such that no rate adjustment is
warranted, persons requesting the review shall reimburse the City for reasonable costs
incurred during the investigation at the time the next payment of franchise fees is due.
If the City believes that a material change has occurred that will result in next future year
operating margins falling under eight percent (8%) or over twelve percent (12%), the City
may undertake an abbreviated rate review at its own expense.
SECTION 87. Ashland Municipal Code 9.50.060 is hereby amended as follows:
9.50.060 Franchise Reporting Requirements
A. Informational Reports. Each franchisee shall provide the City Manager Administrator or
designee by the last day of each quarter for the previous quarter:
1. A quarterly report listing the quantities of solid waste, yard waste and recyclable
materials by customer classification collected within the City during the previous calendar
quarter, the locations to which these materials were delivered, the number of customer
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accounts, and other information requested by the City Manager Administrator or designee
and mutually agreed upon with franchisee.
2. A quarterly report listing the names and addresses of multifamily and commercial
customers that received waste evaluations during the reported quarter.
3. A summary of communication, marketing and educational outreach conducted by
franchisee during the reported quarter.
B. Quarterly Franchise Fee Reports. Franchisee shall complete and remit to the City a quarterly
franchise fee report not later than the last day of the month immediately following the end of the
quarter. At the time of payment of the quarterly franchise fees, the franchisee shall file with the
City Manager Administrator or the City Manager’s designee a verified statement of quarterly
gross revenues for the period covered by the tendered fee. Such statements shall be public
records. Franchisee shall maintain books and records disclosing the gross receipts derived from
business conducted within the City, which shall be open at reasonable times for audit by the City
Manager Administrator or the City Manager’s designee. Misrepresentation of gross revenue
shall be deemed material and a breach of the franchise contract and shall be cause to initiate the
process to terminate the franchise.
C. Annual Franchise Reports. Franchisees shall report revenues and expenses (allowable and
unallowable), in an income statement format, and provide a variety of information about
customer counts, service levels, disposal volumes, and recycling activities for all customer
classifications and for all programs identified in the Administrative Operations Standards and
Rules resolution adopted by Council. Franchisees shall report totals for all operations necessary
to adequately verify compliance with the cost allocation methodology as defined in this chapter
for expenses that share significant operational, management, and administrative expenses with
the City of Ashland franchise. Resources allocated from regional or corporate offices or affiliates
shall be distributed to appropriate expense line items, and shall also be disclosed in a schedule
describing total allocations and their distribution to individual expense line items. All allocations
from affiliated companies must be described and must be equal to or less than the fair market
value of similar goods and services purchased from a nonaffiliated company. The report will
also include a synopsis of the operating year, a description of the measures each franchisee has
taken in the preceding year to make its operation more efficient, a listing of the efficiency
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measures which each franchisee proposes to take in the next year, a composite table showing the
type and number of customer service complaints and a description of the measures that the
franchisee has taken or is planning to take to correct the cause of commonly reported complaints,
and such other information as requested by the City Manager Administrator or the City
Manager’s designee. The report shall also describe and quantify communication, outreach and
educational activities as described in the Administrative Operations Standards and Rules
resolution. Franchisees may identify specific information submitted to the City in the annual
report as confidential. The City shall treat any information marked “Confidential” as such, and
shall not subject the confidential information to public disclosure except as required by law. If
the City receives a request for disclosure of confidential information, the City Manager
Administrator or the City Manager’s designee shall notify the franchisee within a reasonable
time after receiving the request so as to allow the franchisee a reasonable opportunity to defend
against the requested disclosure through the appropriate legal process.
SECTION 88. Ashland Municipal Code 9.50.070 is hereby amended as follows:
9.50.070 Franchise Responsibilities and Requirements
A. Access for Inspections and Delivery of Notices. Franchisees shall make all company
premises, facilities and records related to their solid waste, recyclable materials and yard debris
collection services (including, but not limited to: offices, storage areas, financial records,
nonfinancial records, records pertaining to the origin of any solid waste collected by the
franchisee, receipts for sale or delivery of collected recyclable materials, customer lists, and all
records related to vehicle maintenance and safety which are required under ODOT motor carrier
requirements and regulations and ORS Chapter 767) available for inspection by the City
Manager Administrator or the City Manager’s designee within twenty-four (24) hours of
notice by registered mail. Such inspections are only for purposes of enforcing this chapter and
are restricted to normal business hours. During normal business hours, the franchisee shall make
all company premises and facilities accessible to City employees for delivery of any written
notices. Collection vehicles must be accessible for inspection during the normal operating hours
for collection, in addition to normal business hours. Where receptacles are stored in the public
right-of-way or when the City is inspecting a situation where the franchisee is allegedly
commingling recyclable materials or yard debris with solid waste, the need for twenty-four (24)
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hour notice does not apply to inspection of receptacles or vehicles.
B. Indemnification, Bond, and Insurance.
1. A franchisee shall pay, save harmless and indemnify the City from any loss, damage,
penalty or claim against the City on account of or in connection with any activity of the
franchisee in the operation of the franchisee’s solid waste collection business, including
activity by any approved subcontractor providing solid waste management collections and
services. If such suit shall be filed against the City either independently or jointly with the
franchisee or its subcontractor to recover for any claim or damages, the franchisee upon
notice to it by the City shall defend the City against the action, and in the event of a final
judgment being obtained against the City, either independently or jointly with the franchisee
or its subcontractor, the franchisee will pay said judgment and all costs and hold the City
harmless therefrom.
2. Franchisee shall furnish a performance bond, in a form approved by the City Attorney, by
an acceptable surety company in the amount of twenty-five thousand dollars ($25,000.00),
but may, in lieu of a bond, furnish an irrevocable letter of credit or assign a savings account
or deposit in any federally insured financial institution in the amount of twenty-five thousand
dollars ($25,000.00) on a form approved by the City Attorney. The security shall guarantee
faithful performance of all the obligations contained herein with the premium for such bond
or cost of such assignment to be paid by the franchisee furnishing the bond, letter of credit or
making the assignment.
3. A franchisee shall maintain commercial general liability insurance on an occurrence basis
in such forms and with such companies as shall be approved by the City Attorney, which will
cover the franchisee’s business operation, including each vehicle operated by it. The
insurance coverage shall include not less than two one million dollars ($21,000,000.00) for
one (1) person, nor less than five million dollars ($5,000,000.00) for bodily injury due to
each occurrence, and not less than two one million dollars ($21,000,000.00) for damage to
property due to each occurrence and coverage of at least five million dollars ($5,000,000.00)
in the aggregate per occurrence. All such insurance coverage shall provide a thirty (30) day
notice to the City Manager Administrator or the City Manager’s designee in the event of
material alteration or cancellation of any coverage afforded in the policies prior to the date
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the material alteration or cancellation shall become effective. Copies of all policies required
hereunder shall be furnished to and filed with the City Manager Administrator or the City
Manager’s designee prior to the commencement of operations or the expiration of prior
policies, as the case may be. The franchisee shall furnish proof annually to the City Manager
Administrator or the City Manager’s designee that the insurance remains in effect.
4. The provisions of this section, any bonds accepted by the City pursuant thereto, and any
damage recovered by the City hereunder shall not be construed to excuse unfaithful
performance by the franchisee or limit the liability of the franchisee under this chapter or the
franchisee for damages, either to the full amount of the bond, or otherwise.
SECTION 89. Ashland Municipal Code 9.50.080 is hereby amended as follows:
9.50.080 Enforcement, Suspension, or Termination of Franchise
A. Responsibility of City. Franchisees are subject to the exercise of the police power of the
City and to such regulations as the City may provide by resolution, ordinance, rule or regulation.
B. Enforcement of Standards. The City Manager Administrator or the City Manager’s
designee shall administer and enforce this chapter and pursue remedies for noncompliance as
laid out within this chapter. The City Manager Administrator or the City Manager’s designee
shall also administer and enforce any administrative operations standards and rules as adopted
by the City Council. These standards and rules shall be enforceable with penalties allowed in
AMC Chapter 1.08. Upon recommendation by the City Manager Administrator or the City
Manager’s designee, the City Council may declare a franchisee who fails to abide by the rules
to be in default.
C. Initiation of Enforcement Actions. In addition to enforcement under state law, the City may
prosecute any infraction as defined in this chapter or the rules issued hereunder, based on any
information coming to the City, in Ashland Municipal Court. The burden of proof is on the City
to prove an infraction by a preponderance of the evidence.
D. Penalties for Infractions. Each franchise provision, including rules adopted hereunder, is
subject to penalties as described in AMC Chapter 1.08 for each day from the initial citation of
the offense that the offense continues to violate the terms of this chapter or associated
resolutions.
E. Termination of Franchise for Default. In addition to default for accrued penalties, upon
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recommendation by the City Manager Administrator or the City Manager’s designee, the
City Council may terminate a franchise for the franchise holder’s default in performing any
material term or condition of the franchise. An event of default also shall include, but not be
limited to, entry of a judgment against the franchise holder for material misrepresentation or
deceit committed against the City or a customer, or entry of a judgment of conviction (including
conviction on a plea of no contest) against the franchise holder or any principal of same for a
crime involving dishonesty. Notice to a franchisee of default shall be delivered to the franchisee
by certified mail requiring the franchisee to show cause in a public hearing before the City
Council at a place and time to be stated in the notice, but no earlier than fourteen (14) days from
the date the notice is mailed, why the franchise should not be terminated. At the hearing the
franchisee shall demonstrate the measures it has taken or commenced to cure the default.
F. Service Interruption.
1. Except for the right to refuse service for nonpayment or if customer has attempted to
improperly dispose of hazardous waste in violation of the City’s standards and rules as set
forth in this chapter, franchisees shall not interrupt service unless:
a. Access, roads, streets and highways necessary for collection operations are unusable
or unsafe and there are no alternative routes. Franchisees shall resume service within
twenty-four (24) hours after access is restored.
b. A force majeure event occurs.
2. Upon the occurrence of a force majeure event that prevents or impairs a franchisee’s
ability to perform any of its franchise obligations, the franchisee shall:
a. Provide immediate notice, either verbal or written, to the City Manager
Administrator or the City Manager’s designee of the nature of the event and extent and
anticipated duration of franchisee’s inability to perform any obligation under this
franchise. If verbal notice is given, then written notice must be delivered to the City
within twenty-four (24) hours of such verbal notice;
b. Commence immediately to develop, in communication and cooperation with the City,
an interim plan for the restoration of full performance; and
c. Take all such other reasonable actions requested by the City to assist the City in
protecting the public health and safety and to restore service as soon as practicable.
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3. Labor unrest, including, but not limited to, strike, work stoppage or slowdown, sick-out,
picketing, or other concerted job action conducted by franchisee employees or directed at the
franchisee, is not an event of force majeure, and the franchisee shall be obligated to continue
to provide service notwithstanding the occurrence of any or all of events.
G. City’s Right to Perform Service. Except as provided under Subsection F of this section, in
the event that a franchisee, for any reason whatsoever, fails, refuses or is unable to collect or
transport any or all solid waste for a period of more than forty-eight (48) hours, and, if, as a
result thereof, solid waste or recyclable materials should accumulate in the City to such an extent
that the City finds that such accumulation endangers the public health, safety, or welfare, then
the City shall have the right, but not the obligation, upon twenty-four (24) hour prior written
notice to the franchisee, to perform or cause to be performed collection services with its own or
other personnel at the franchisee’s expense. This right shall be in addition to and not in lieu of
any other remedy available to the City. If necessary, the City may take temporary possession of,
and a franchisee shall peacefully surrender, any or all of the franchisee’s land, equipment, and
other property used or useful in the collection of solid waste or recyclable materials until such
time as the emergency is resolved. If such possession occurs, the City assumes all responsibility
and liability for the equipment and land used to perform such temporary collection services.
H. Dispute Resolution with Customers. Upon receipt of any notice of dispute from a customer
about any bill, charge, or service, the franchisee shall thoroughly investigate the matter and
promptly report the results of its investigation to the customer. Except in the event a customer
has attempted to improperly dispose of hazardous waste in violation of the City’s standards and
rules, a franchisee shall not refuse service to any customer during a time of dispute. If the
franchisee is not able to resolve a dispute with the customer, the customer may contact the City
Manager Administrator or the City Manager’s designee who will act as an informal arbitrator
in an attempt to resolve the matter. Should the dispute remain unresolved, the franchisee or
customer may then pursue the matter in any court with jurisdiction.
I. Dispute Resolution with City. During all disputes arising under the franchise, the City and
franchisee shall continue performance of their respective obligations under the franchise unless
and until the franchisee is terminated for default, in which case the franchisee’s obligation to pay
a franchise fee based on cash receipts generated from services provided under the franchise
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during said dispute shall survive such termination. In addition to and without waiving any rights
and remedies under civil or common law, in the event of a dispute under the franchise, the
parties shall mutually agree to arbitration. Within fifteen (15) days after agreement to arbitration
has been reached, each party shall submit the name of its own arbitrator, selected from the
American Arbitration Association, and the two (2) arbitrators shall select a third arbitrator
selected from such panel within fifteen (15) days, or in case of a disagreement concerning the
appointment of the third arbitrator, the third arbitrator shall be appointed from such panel by the
presiding judge for the Circuit Court of the State of Oregon for Jackson County. During such
time that the arbitrators are being selected or appointed, the parties shall continue to negotiate in
good faith to resolve their dispute in a cooperative manner. The decision of the arbitrators in the
matter shall be final and binding on the parties, and any judgment upon the award rendered
pursuant to such arbitration may be entered in any court having jurisdiction thereof.
SECTION 90. Ashland Municipal Code 10.48.040 is hereby amended as follows:
10.48.040 Overnight Sleeping in Vehicles
A. Notwithstanding any other provision of the Ashland Municipal Code, persons may sleep
overnight in a vehicle in a parking lot of a religious institution or place of worship that owns or
leases real property on which a structure and an associated parking lot are located; provided, that
said persons have obtained the permission of the person in charge. The person in charge may not
grant permission for more than three (3) vehicles used for sleeping to utilize the parking lot at
any one (1) time.
B. A person in charge who allows a person or persons to sleep overnight in a vehicle on the
premises pursuant to Subsection A of this section shall:
1. Provide or make available on the premises sanitary facilities including, but not limited
to, toilet, hand washing, and trash disposal facilities;
2. Not allow the overnight users’ personal items to be visible from any public street; and
3. Not require payment of any fee, rent, or other monetary charge for overnight sleeping in
a vehicle as authorized by this section.
C. A person in charge who permits overnight sleeping in a vehicle pursuant to Subsection A of
this section may revoke that permission at any time and for any reason. Any person who receives
permission to sleep on a premises as provided in Subsection A of this section shall leave the
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premises immediately after permission has been revoked.
D. Notwithstanding any other provision of this section, the City Manager Administrator
or the City Manager’s Administrator’s designee may prohibit overnight sleeping in a vehicle at
a premises as provided in Subsection A of this section if the City Manager Administrator or
the City Manager’s Administrator’s designee finds that such activity on the premises
constitutes a nuisance or other threat to public health, safety, or welfare.
E. In addition to any other penalties that may be imposed, any premises used for overnight
sleeping in a manner not authorized by this section or other provisions of this code shall
constitute a nuisance and may be abated as such.
F. Nothing in this chapter creates any duty on the part of the City, its employees, or its agents to
ensure the protection of persons or property with regard to overnight sleeping in vehicles.
SECTION 91. Ashland Municipal Code 13.02.040 is hereby amended as follows:
13.02.040 Right-of-Way Encroachment
A. Prohibition. Except as provided in AMC 13.02.040.C, no person or entity may occupy or
encroach on a public right-of-way without the permission of the City. The City grants
permission to use public rights-of-way, by franchises, licenses, concessions and permits.
B. Standard forms. Franchises, licenses, concessions and permits for use of public rights-of-
way, shall comply with all applicable requirements for occupancy or encroachment of such areas
as set forth in AMC Chapter 13.03 and other applicable provisions of the Ashland Municipal
Code. Franchises, licenses concessions and permits shall be submitted on a City standard form
franchise, license, concession, or permit template, together with required fees, if any. Such
standard form templates and fees may be adopted and amended by resolution of the City
Council by Resolution.
C. City Functional Items. The City of Ashland is not required to obtain permits or other City
authorizations to place City utilities, facilities or other structures, in the right-of-way, including
“functional items” intended for public usage. City functional items include, but are not limited
to, a City standard bench, water fountain, planter box, garbage receptacle, ash can, bike rack,
bollard, publication box, or other functional items identified by resolution of the City Council.
The City Council Resolution shall identify functional items and establish minimum standards for
such items.
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D. Donated or Loaned Functional Items. An abutting property owner together with the
occupant may donate or loan to the City of Ashland a City standard functional item for use in an
adjacent sidewalk permit area. Other persons or entities may also donate or loan functional
items, for use in nonadjacent public areas. Items accepted on loan require insurance and a
maintenance/hold harmless/indemnity agreement in the standard approved a form approved
by the City. Donated items do not require insurance or a maintenance agreement, but the
donations must be accepted by the City to be eligible for placement. The City Manager
Administrator is delegated authority to accept or reject donations and loans for purposes of this
chapter, in the Manager’s Administrator’s sole discretion. After demonstrated compliance with
this section, the City Public Works Director may authorize in writing the placement of a donated
or loaned city standard functional item, in locations meeting, at a minimum, the six foot or eight
foot clearance requirement of AMC Chapter 10.64 10.64.010 or in approved locations shown on
an adopted Downtown Sidewalk Usage Map. Items not strictly complying with minimum
standards for such City functional items, (e.g. - a decorative art bench) may be permitted through
the public art process in AMC Chapter 2.17.
SECTION 92. Ashland Municipal Code 13.03.030 is hereby amended as follows:
13.03.030 Exempt Activities: City Seasonal Event usage
Notwithstanding any provision to the contrary in this chapter Ordinance, the City Council may,
at its discretion and upon such conditions as it deems appropriate, grant permission to adjacent
owners and occupants, by special permit for free use of the sidewalk permit areas in the
commercial zones of the City for designated seasonal events. Such seasonal events shall be
designed and structured to fulfill a special public need to promote tourism and economic
development. Such Seasonal Event permits shall be initially limited to three (3) days the week
before the Memorial Day weekend and three (3) days the week after Labor Day weekend and
shall require a sponsor to provide insurance. The City Manager Administrator is delegated
authority to grant permits for the above-referenced three-day events. The Council may by
resolution establish additional Additional seasonal event days and may also be established
by resolution of the City Council establish standard forms with terms and conditions for
participation in such events.
SECTION 93. Ashland Municipal Code 13.03.040 is hereby amended as follows:
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13.03.040 Application, Permit Fees and Rates
The form of the application for occupancy or encroachment on sidewalks shall be established by
resolution of the Council. The application fees and square footage rates or gross sales rates, if
any, shall also be established by resolution of the City Council. The resolution approving such
fees and rates shall provide for the annual adjustment of fees and rates by the CPI for the
previous calendar year, without the need to formally amend the resolution. Notwithstanding the
above, the City Manager Administrator may establish separate applications for exempted or
limited activities or interim regulations or waive the application requirement for specified
occupancies by written order.
SECTION 94. Ashland Municipal Code 13.03.090 is hereby amended as follows:
13.03.090 Denial, Revocation, or Suspension of Permit
A. The Public Works Director may deny, revoke, or suspend the permit upon finding that any
provision of this chapter or condition of approval has been violated. The permit or agreement
shall be suspended if the rental rate is not fully paid within three working days of the due date or
if the Permittee fails to maintain required insurance. The permit or agreement shall be suspended
if the Permittee fails to strictly abide by the boundaries of the sidewalk permit area.
B. The Public Works Director shall give notice of denial, revocation, or suspension to the
applicant or Permittee in writing stating the action which has been taken and the reason
therefore. The action shall be effective immediately for a denial and upon the expiration of the
appeal period [10 days] for a suspension or revocation. Appeals shall be processed as provided in
AMC Chapter 2.30. If an appeal of a suspension or revocation is properly filed, the suspension
or revocation shall be stayed until resolution of the appeal. Upon hearing the matter, the
Hearings Officer City Administrator shall render a final written decision. This remedy is not
exclusive; the City may also cite violations of this chapter into the Municipal to Court,
(including daily fines) in addition to the remedy set forth above.
SECTION 95. Ashland Municipal Code 13.04.030 is hereby amended as follows:
13.04.030 Standards and Specifications
A. Sidewalks shall be constructed of Portland cement concrete; shall be not less than five (5)
feet in width, and shall be located one (1) foot from the property line extending toward the curb,
unless otherwise approved by resolution of the City Council.
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B. The City Manager Administrator or the City Manager’s designee shall establish
supplemental standards and specifications for sidewalk construction, repair, or alteration to
provide durable and practical sidewalks at a suitable grade determined by the City Manager
Administrator to be in accordance with the system of the City street grades.
C. The City Manager Administrator or the City Manager’s designee shall report to the City
Council changes in sidewalk standards and specifications and shall keep a copy on file in the
City offices for the use of the public.
D. Sidewalks shall be constructed, repaired, or altered in accordance with the standards and
specifications established under this section.
SECTION 96. Ashland Municipal Code 13.04.040 is hereby amended as follows:
13.04.040 Permits
A. No person shall construct, repair, or alter a sidewalk without first obtaining a permit from
the City.
B. An application for a permit shall be filed with the City Manager Administrator or the City
Manager’s designee on a form provided by the City, together with such other information as
may be required by the City. After determining that the proposed sidewalk construction, repair,
or alteration conforms to the applicable standards and specifications, the City Manager
Administrator or the City Manager’s designee shall issue a permit to the applicant. If the City
is requiring the repair of the sidewalk, the permit shall state the date within which the work shall
be completed.
SECTION 97. Ashland Municipal Code 13.04.050 is hereby amended as follows:
13.04.050 Supervision
The City Manager Administrator or the City Manager’s designee may inspect any materials
or construction details as it may, in the City Manager’s Administrator’s judgment, be required
to insure compliance with the permit and with the applicable standards and specifications.
SECTION 98. Ashland Municipal Code 13.04.070 is hereby amended as follows:
13.04.070 City May Make Repairs
If repair of the sidewalk is not completed within thirty (30) days after the service of notice to
repair, the City Manager Administrator, or the City Manager’s designee shall order the repair
or completion of the repair of the sidewalk done by the City. Said repair and assessment shall be
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governed by the Uniform Violation Abatement Ordinance, AMC Chapter 2.31.
SECTION 99. Ashland Municipal Code 13.16.020 is hereby amended as follows:
13.16.020 Enforcing Authority
The City Manager Administrator, or the City Manager’s designee a duly authorized
representative, shall be charged with the enforcement of this chapter.
SECTION 100. Ashland Municipal Code 13.16.030 is hereby amended as follows:
13.16.030 Permission to Plant or Remove
The City encourages the planting of appropriate trees. No trees shall be planted in or removed
from any public planting strip or other public property in the City until a permit has been issued
by the City Manager Administrator or the City Manager’s designee a duly authorized
representative. Applicants for a removal permit may be required to replace the tree or trees
being removed with a tree or trees of comparable value. If the tree is determined to be dead or
dying, then the replacement need be no larger than the minimum described in this chapter. The
replacement tree(s) shall be of a size specified in the permit and shall be no smaller than eight
(8) feet in height or one (1) inch in caliper twelve (12) inches above root crown and shall be an
appropriate species selected from and planted according to the Recommended Street Tree List.
SECTION 101. Ashland Municipal Code 13.16.035 is hereby amended as follows:
13.16.035 Permission to Prune
Except for purposes of removal of dying branches or those which are a hazard to the public,
pruning by City crews, or pruning for purposes of maintaining tree health, no tree shall be pruned
within any public planting strip or public right-of-way until a permit has been issued by the City
Manager or the City Manager’s designee Administrator or a duly authorized
representative.
SECTION 102. Ashland Municipal Code 13.16.060 is hereby amended as follows:
13.16.060 Trees – Trimming and Removal
The City Manager Administrator may cause to be trimmed, pruned or removed any trees,
shrubs, plants, or vegetation in any public planting strip or other public property, or may require
any property owner to trim, prune, or remove any trees, shrubs, plants or vegetation in a public
planting strip abutting upon the owner’s property. Failure to comply with this requirement
within thirty (30) days of receiving written notice from by the City Recorder is a violation of
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this chapter.
SECTION 103. Ashland Municipal Code 13.16.080 is hereby amended as follows:
13.16.080 Appeals
Appeals from any assessment made under AMC 13.16.070 may be made by filing written notice
with the City Recorder within ten (10) days after the order is received, stating in substance that
an appeal from the order is being made to the City Council. The City Recorder shall file the
appeal with the City Council at the next regular meeting, at which meeting the appellant and the
City Manager Administrator may present evidence. Action taken by the City Council after the
hearing shall be conclusive.
SECTION 104. Ashland Municipal Code 13.20.160 is hereby amended as follows:
13.20.160 Manner of Doing Work
Local improvements may be made in whole or in part by the City, by another governmental
agency, by contract, or by any combination of these. The City Manager Administrator, on
behalf of the City, shall determine the engineer for all work to be accepted by the City for public
maintenance.
SECTION 105. Ashland Municipal Code 13.20.180 is hereby amended as follows:
13.20.180 Construction of Improvement: Bids
A. Immediately after the effective date of the resolution establishing the local improvement
district, the engineer for the City shall cause necessary right-of-way and easements to be
acquired and the improvement to be made in accordance with the terms of the resolution if the
work is to be performed by the City or another governmental agency. If any part of the work of
the improvement is to be done under contract bids, the engineer for the City shall cause detailed
plans and specifications to be prepared and filed and notice calling for bids to be published in a
newspaper of general circulation within the City not less than ten (10) days prior to the opening
of the bids.
B. The City Administrator shall have the authority to sign all contracts on behalf of the
City.
B C. If the bid is more than ten percent (10%) above the engineer’s estimate, the City
Manager Administrator shall refer the matter to the City Council which may, in its discretion,
provide for holding a special hearing to consider objections to proceeding with the improvement
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on the basis of such bid.
SECTION 106. Ashland Municipal Code 13.30.010 is hereby amended as follows:
13.30.010 Definitions
The following terms are definitions for the purposes of this Chapter 13.30.
A. Applicant means a person who is required or chooses to finance some or all of the costs
of a street, water, sanitary sewer, or storm water improvement, which improvement is also
available to serve or benefit property other than that of the applicant, and who in turn
applies to the City for reimbursement of the expense of the improvement.
B A. City Engineer or Engineer means the person holding the position of Director of Public
Works or such other officer, employee or agent designated in writing by the Council or City
Manager Administrator to perform the duties set out for the City Engineer in this chapter.
B. City means the City of Ashland.
C. Person means a natural person, firm, partnership, corporation, association or any other legal
entity, be it public or private and/or any agent, employee or representative thereof.
D. Applicant means a person who is required or chooses to finance some or all of the cost
of a street, water or sanitary sewer or storm water improvement, which improvement is
also available to serve or benefit property other than that of the applicant, and who in turn
applies to the City for reimbursement of the expense of the improvement.
D E. Street Improvement, Water Improvement, Sewer Improvement and Storm Water
Improvement mean respectively:
1. A street or street improvement, including but not limited to streets, storm drains, curbs,
gutters, sidewalks, bike paths, traffic control devices, street trees, lights and signs and public
rights-of-way;
2. A water facility or water line improvement, including but not limited to, extending a water
line to property (other than property owned by the applicant) so that water service can be
provided for such other property without further extension of the line;
3. A sanitary sewer, sewer line, or other facility improvement, including but not limited to
extending a sewer line to property (other than property owned by the applicant) so that sewer
service can be provided for such other property without further extension of the line; and
4. A storm water improvement, including but not limited to extending a storm water line to
property (other than property owned by the applicant) so that storm water disposal for such
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other property can be provided without further extension of the line; conforming with
standards and specifications set by the City.
E F. Public Improvement means (as appropriate) all capital facilities (including plant facilities)
associated with water, sanitary sewer, storm water, street (including bicycle lanes), and/or
sidewalk facilities or the undergrounding of public utilities.
F G. Reimbursement Agreement means the agreement between an Applicant and the City (as
authorized by the City Council and executed by the City Administrator) providing for the
installation of and payment for public improvements within a Reimbursement District.
G H. Reimbursement District means the area determined by the City Council to derive a benefit
from the construction of public improvements financed in whole or in part by an Applicant.
H I. Reimbursement Fee means the fee established by resolution of the City Council and
required to be paid by persons within a Reimbursement District once they utilize the Public
Improvement.
I J. Utilize means to use or benefit from a Public Improvement, to apply for a building or other
permit which will allow for the use or increase in the use of a Public Improvement or to connect
to a Public Improvement
SECTION 107. Ashland Municipal Code 14.02.015 is hereby amended as follows:
14.02.015 Senior Citizen Discount
A. To qualify for the senior citizen discount, a person must be 65 years of age or disabled and
60 years of age and the total household income shall not exceed the Federal Community Services
Administration poverty guidelines.
B. The senior citizen discount shall only apply to the applicant’s residence.
C. A senior citizen desiring to receive a utility discount must submit an initial application to the
City on forms provided by the City. In order to maintain continuous qualification for such
discount, the senior citizen shall, not later than June 30th of each ensuing year, file an annual
application for renewal on forms provided by the City. The City Manager or the City
Manager’s Administrator, or authorized designee, shall determine whether the applicant
meets the qualifications and requirements of the City.
D. In special hardship cases, a committee of two (2) City Council members and the Senior
Program Director, may recommend that the City Manager Administrator grant exemptions to
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the foregoing income limitations where the circumstances justify such exemptions.
SECTION 108. Ashland Municipal Code 14.05.010 is hereby amended as follows:
14.05.010 Definitions
A. Administrator. the City Manager Administrator for the City of Ashland.
B. Applicant. an individual firm, corporation, or authorized agent applying for water service.
C. AMC. the Ashland Municipal Code.
D. Approved Air Gap (AG). a physical separation between the free-flowing discharge end of a
potable water supply pipeline and an open or non-pressurized receiving vessel. An “Approved
Air Gap” shall be at least twice the diameter of the supply pipe measured vertically above the
overflow rim of the vessel and in no case less than 1 inch (2.54 cm), and in accord with Oregon
Plumbing Specialty Code.
E. Approved Backflow Prevention Assembly. a Reduced Pressure Principle Backflow
Prevention Assembly, Reduced Pressure Principle-Detector Backflow Prevention Assembly,
Double Check Valve Backflow Prevention Assembly, Double Check-Detector Backflow
Prevention Assembly, Pressure Vacuum Breaker Back-siphonage Prevention Assembly, or Spill-
Resistant Pressure Vacuum Breaker Back-siphonage Prevention Assembly, of a make, model,
orientation, and size approved by the Department. Assemblies listed in the currently approved
backflow prevention assemblies list developed by the University of Southern California,
Foundation for Cross-Connection Control and Hydraulic Research, or other testing laboratories
using equivalent testing methods, are considered approved by the Oregon Department of Human
Services.
F. Backflow. the flow of water or other liquids, mixtures, or substances into the distributing
pipes of a potable supply of water from any sources other than its intended source, and is caused
by back-siphonage or backpressure.
G. Backflow Prevention Assembly. a backflow prevention assembly such as a Pressure
Vacuum Breaker Back-siphonage Prevention Assembly, Spill-Resistant Pressure Vacuum
Breaker Back-siphonage Prevention Assembly, Double Check Valve Backflow Prevention
Assembly, Double Check-Detector Backflow Prevention Assembly, Reduced Pressure Principle
Backflow Prevention Assembly, or Reduced Pressure Principle-Detector Backflow Prevention
Assembly and the attached shutoff valves on the inlet and outlet ends of the assembly, assembled
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as a complete unit.
H. Backpressure. an elevation of pressure downstream of the distribution system that would
cause, or tend to cause, water to flow opposite of its intended direction.
I. Back-siphonage. a drop in distribution system pressure below atmospheric pressure (partial
vacuum), that would cause, or tend to cause, water to flow opposite of its intended direction.
J. Bore-Sighted Drain to Daylight. an unrestricted straight-line opening in an enclosure that
vents to grade, and is sized and constructed to adequately drain the full flow discharge from a
reduced pressure principle backflow prevention assembly thus preventing any potential for
submersion of the assembly.
K. Check Valve. a valve, which allows flow in only one direction.
L. City. the City of Ashland, a municipal corporation in the State of Oregon.
M. Contaminant. any physical, chemical, biological, or radiological substance or matter in
water that creates a health hazard.
N. Council. The City Council for the City of Ashland, Oregon.
O. Cross Connection. any actual or potential unprotected connection or structural arrangement
between the public or user’s potable water system and any other source or system through which
it is possible to introduce into any part of the potable system any used water, industrial fluid, gas,
or substances other than the intended potable water with which the system is supplied. Bypass
arrangements, jumper connections, removable sections, swivel, or change-over devices, and
other temporary or permanent devices through which, or because of which, backflow can occur
are considered to be cross connections.
P. Customer. any individual firm or corporation receiving water service from the City.
Q. Customer Facilities and/or equipment. facilities and/or equipment located on customer
premises used for receiving, controlling, applying, and/or utilizing City water.
R. Customer Control Valve. a valve installed at or near the outlet of water meter for use by
customer to control water to premises.
S. Director. the Public Works Director or City Engineer for the City of Ashland.
T. Distribution System. the network of pipes and other facilities, which are used to distribute
water from the source, treatment, transmission, or storage facilities to the water user.
U. Double Check-Detector Backflow Prevention Assembly (DCDA). a specially designed
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assembly composed of a line size approved double check valve assembly assembled with a
bypass containing a specific water meter and an approved double check valve backflow
prevention assembly. The meter shall register accurately for only very low rates of flow up to
three gallons per minute and shall show a registration for all rates of flow. This assembly is
designed to protect against a nonhealth hazard.
V. Double Check Valve Backflow Prevention Assembly (DC). an assembly of two
independently acting approved check valves, including tightly closing resilient seated shutoff
valves attached at each end of the assembly and fitted with properly located resilient seated test
cocks. This assembly is designed to protect against a nonhealth hazard.
W. Federal. the United States of America, Environmental Protection Agency.
X. Health Hazard (Contamination). an impairment of the quality of the water that could create
an actual hazard to the public health through poisoning or through the spread of disease by
sewage, industrial fluids, waste, or other substances.
Y. Human Consumption. water used for drinking, personal hygiene bathing, showering,
cooking, dishwashing and maintaining oral hygiene.
Z. Hydrant. a device providing City water for fire protection; examples include fire hydrants
and standpipes.
AA. Local Administrative Authority. the individual official, board, department or agency
established and authorized by a state, county or city to administer and enforce the provisions of
the Oregon State Plumbing Specialty Code as adopted.
BB. NonHealth Hazard (Pollution). an impairment of the quality of the water to a degree that
does not create a hazard to the public health, but does adversely affect the aesthetic qualities of
such water for potable use.
CC. OAR Oar. Oregon Administrative Rules.
DD. ODHS. the Oregon Department of Human Services.
EE. Oregon Plumbing Specialty Code (OPSC). the latest edition of the Uniform Plumbing Code
as adopted and/or amended by the State.
FF. Point of Delivery (POD). the point of connection between a public water system and the
user’s water system. Beyond the point of delivery, the Oregon Plumbing Specialty Code applies.
See “Service Connection.”
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GG. Pollutant. a substance that creates an impairment of the quality of the water to a degree
which does not create a hazard to the public health, but which does adversely affect the aesthetic
qualities of the water.
HH. Potable Water. See Safe Drinking Water.
II. Potential Cross Connection. a cross connection that would most likely occur, but may not be
taking place at the time of an inspection.
JJ. Premises. means real estate and the structures on it.
KK. Pressure Vacuum Breaker Back-siphonage Prevention Assembly (PVB). an assembly
consisting of an independently operating, internally loaded check valve and an independently
operating loaded air inlet valve located on the discharge side of the check valve. This assembly is
to be equipped with properly located resilient seated test cocks and tightly closing resilient seated
shutoff valves attached at each end of the assembly. This assembly is designed to protect against
a nonhealth hazard or a health hazard under back-siphonage conditions only.
LL. Private Water Main. a water main installed by customer to serve customer’s premises. A
private water main may provide, but is not limited to, private hydrants, private fire protection
systems, landscape irrigation, multiple buildings or customer’s equipment.
MM. Private Water System. any water system for water supply other than the City water
system. Examples include: wells, springs, ponds, streams, and the Talent Irrigation District
water.
NN. Public Health Hazard. a condition, device or practice which is conducive to the
introduction of waterborne disease organisms, or harmful chemical, physical, or radioactive
substances into a public water system, and which presents an unreasonable risk to health.
OO. Public Water System. a system for the provision to the public of piped water for human
consumption, if such system has more than three service connections, or supplies water to a
public or commercial establishment that operates a total of at least 60 days per year, and that is
used by 10 or more individuals per day. Public water system also means a system for the
provision to the public of water through constructed conveyances other than pipes to at least 15
service connections or regularly serves at least 25 individuals daily at least 60 days of the year. A
public water system is either a “Community Water System,” a “Transient Noncommunity Water
System,” a “Nontransient Noncommunity Water System” or a “State Regulated Water System.”
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PP. Reduced Pressure Principle Backflow Prevention Assembly (RP). an assembly containing
two independently acting approved check valves, together with a hydraulically operating,
mechanically independent pressure differential relief valve located between the check valves and
at the same time below the first check valve. The unit shall include properly located resilient
seated test cocks and tightly closing resilient seated shutoff valves at each end of the assembly.
This assembly is designed to protect against a nonhealth hazard or a health hazard.
QQ. Reduced Pressure Principle-Detector Backflow Prevention Assembly (RPDA). a
specifically designed assembly composed of a line size approved reduced pressure principle
backflow prevention assembly with a bypass containing a specific water meter and an approved
reduced pressure principle backflow prevention assembly. The meter shall register accurately for
only very low rates of flow up to three gallons per minute and shall show a registration for all
rates of flow. This assembly is designed to protect against a nonhealth hazard or a health hazard.
RR. Regular Working Hours. Winter from 8:00am to 4:30pm and summer from 7:00am to
3:30pm, Monday through Friday, except holidays.
SS. Safe Drinking Water. water which has sufficiently low concentrations of microbiological,
inorganic chemical, organic chemical, radiological or physical substances so that individuals
drinking such water at normal levels of consumption will not be exposed to disease organisms or
other substances which may produce harmful physiological effects.
TT. Service Connection. the piping connection by means of which water is conveyed from a
distribution main of a public water system to a user’s premise. For a community water system,
the portion of the service connection that conveys water from the distribution main to the user’s
property line, or to the service meter, where provided, is under the jurisdiction of the water
supplier.
UU. Spill Resistant Pressure Vacuum Breaker Back-siphonage Prevention Assembly (SVB). an
assembly containing an independently operating, internally loaded check valve and
independently operating loaded air inlet valve located on the discharge side of the check valve.
The assembly is to be equipped with a properly located resilient seated test cock, a properly
located bleed/vent valve, and tightly closing resilient seated shutoff valves attached at each end
of the assembly. This assembly is designed to protect against a nonhealth hazard or a health
hazard under a back-siphonage condition only.
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VV. Spring. a naturally occurring discharge of flowing water at the ground surface, or into
surface water. Springs can be derived from groundwater or they can be surface water influenced.
WW. State. the State of Oregon Department of Health and/or Department of Environmental
Quality.
XX. Surface Water. all water, which is open to the atmosphere and subject to surface runoff.
YY. Temporary Service Connection. a service connection installed for circuses, bazaars, fairs,
construction work, or similar short term temporary usage, the location of such is to be
determined by City.
ZZ. Vault. an approved enclosure above or below ground to house a backflow prevention
assembly that complies with the local administrative authority having jurisdiction.
AAA. Water Meter. a device for measuring water flow to water supply line housed in an
approved meter box and located between the water service line and water supply line.
BBB. Water Meter - Exempt. a water meter as defined above for a use that does not return
water to the City of Ashland sanitary sewer system. Such meters will be exempt from sanitary
sewer charges. Examples of exempt meters are meters used for landscaping or a self-contained
process such as juice or soft drink manufacture.
CCC. Water Supply Line. a customer owned water line located between water meter and
plumbing on the premises.
DDD. Water System. the City owned and operated water system, which includes, but is not
limited to, water treatment facilities, dams, reservoirs, pumps, water mains, fire hydrants, and
appurtenances.
SECTION 109. Ashland Municipal Code 14.06.020 is hereby amended as follows:
14.06.020 Determination of water shortage
A. The City Manager Administrator is authorized to prohibit waste as defined in AMC
section 14.06.010 or implement water curtailment stages upon determination that a water
shortage emergency conditions exists. Such determination shall be based on an analysis of the
demand for water in the City, the volume of water in Reeder Reservoir, the standard drawdown
curve for Reeder Reservoir, the projected curtailment date for Talent Irrigation District water and
flows in the east and west forks of Ashland Creek. The determination of the City Manager
Administrator under this section shall be effective until the next meeting of the City Council
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council meeting following such determination, at which time the City Council council shall
either ratify or invalidate the determination.
B. The City Manager Administrator is authorized to terminate waste prohibitions or water
curtailment stages upon determination that a water shortage emergency condition no longer
exists. Such determination shall be based upon factors listed in AMC section 14.06.020 and the
billing cycle. The termination shall be effective until the next council meeting of the City
Council following the determination of the City Manager, Administrator at which time the
City Council council shall either ratify or invalidate the determination.
SECTION 110. Ashland Municipal Code 14.06.030 is hereby amended as follows:
14.06.030 Water curtailment stages
Depending on the severity of the potential water shortage, the City Manager Administrator
may implement the following water curtailment stages. During any stage, no person shall waste
City water.
Stage 1. The following restrictions are effective during water curtailment Stage 1:
1. No customer shall receive through the water meter assigned to such customer more than
the maximum volume of water for such meter indicated for Stage 1 in the Water Allocation
Table.
2. Government agencies and HOA’s, including but not limited to parks, schools, colleges
and municipalities may have separate account allotments combined into one “agency”
allotment and are exempt from Stage 1 restrictions if their water consumption is otherwise
reduced by 20% from the volume of water delivered in the same billing period for the first
previous nonwater curtailment year.
Stage 2. The following restrictions are effective during water curtailment Stage 2:
1. No customer shall receive through the water meter assigned to such customer more than
the maximum volume of water for such meter indicated for Stage 2 in the Water Allocation
Table.
2. Government agencies and HOA’s, including but not limited to parks, schools, colleges
and municipalities may have separate account allotments combined into one “agency”
allotment and are exempt from Stage 2 restrictions if their water consumption is otherwise
reduced by 30% from the volume of water determined under Stage 1.
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Stage 3. The following restrictions are effective during water curtailment Stage 3:
1. No customer shall receive through the water meter assigned to such customer more than
the maximum volume of water for such meter indicated for Stage 3 in the Water Allocation
Table.
2. Government agencies and HOA’s, including but not limited to parks, schools, colleges
and municipalities may have separate account allotments combined into one “agency”
allotment and are exempt from 3 restrictions if their water consumption is otherwise reduced
by 40% from the volume of water determined under Stage 2.
Stage 4. The following restrictions are effective during water curtailment Stage 4:
1. No customer shall receive through the water meter assigned to such customer more than
the maximum volume of water for such meter indicated for Stage 4 in the Water Allocation
Table.
2. Government agencies and HOA’s, including but not limited to parks, schools, colleges
and municipalities may have separate account allotments combined into one “agency”
allotment and are exempt from Stage 4 restrictions if their water consumption is otherwise
reduced by 50% from the volume of water determined under Stage 3.
3. No City water shall be used to irrigate outside plants, except for trees, shrubs and food
plants. If the customer has an irrigation meter, the irrigation meter shall not be used. The
watering of trees, shrubs and food plants shall be through the nonirrigation meter and the
total allocation shall not exceed the amount allowed for the nonirrigation meter.
SECTION 111. Ashland Municipal Code 14.06.060 is hereby amended as follows:
14.06.060 Exemptions and Appeals
A. Any person who wishes to be exempted from a restriction imposed by any water curtailment
stage shall request an exemption in writing on forms provided by the City and file the request for
exemption in writing with the Utility Billing Office.
B. Requests will be reviewed after a water audit is conducted by the City and a determination
made by the Conservation Analyst as to the validity of the request for an exemption. No
exemptions will be considered until the City has conducted a water audit.
C. Exemptions may be granted for the following:
1. Any person with substantial medical requirements as prescribed in writing by a
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physician. Examples would be hydrotherapy pools or life support systems.
2. Residential connections with more than four permanent residents in a single-family
residence or three permanent residents per unit in a multi-family dwelling can receive up to
350 cf per month per additional permanent resident. A census may be conducted to determine
the actual number of permanent residents per living unit. Temporary or drop-in guests will
not be considered for additional allocations.
3. For commercial or industrial accounts where water supply reductions will result in
unemployment or decrease production, after confirmation by the City that the account has
instituted all applicable water efficiency improvements.
4. For any other reason upon showing of good cause and where necessary for public health
or safety.
5. For commercial accounts where water meter is undersized (as determined under the
Uniform Plumbing Code) for the current occupancy, the allocation for such accounts may be
increased up to the allocation for the water meter size designated for such occupancy in the
Uniform Plumbing Code.
D. Exemptions will not be allowed for steam cleaning or similar uses of water. The amount
allocated for any given customer will include such uses and no additional allocation will be
allowed.
E. The Conservation Analyst shall report to the Director of Public Works the findings and
conclusions resulting from the review. The Director shall approve or deny the request for
exemptions and may impose conditions. Such conditions may include the amount volume
restrictions may be exceeded and that all applicable plumbing fixtures or irrigation systems be
replaced or modified for maximum water conservation. If the Director and the applicant are
unable to reach accord on the exemption, or if the applicant is dissatisfied with the decision, the
applicant may appeal to the City Manager Administrator in writing. The City Manager who
will make the final determination.
F. Except for an exemption granted under AMC section 14.06.060.C.1, C.2 and C.5, the water
consumption surcharge specified in AMC section 14.06.080 shall apply to all exemptions.
SECTION 112. Ashland Municipal Code 14.06.080 is hereby amended as follows:
14.06.080 Excess water consumption surcharge; flow restrictor installation
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For any full billing period that begins after the City Manager’s Administrator’s determination
is made and ratified as provided in AMC section 14.06.060:
A. Any customer who exceeds the maximum volumes established in the Water Allocation
Table for Stages 1, 2 or 3 shall pay a surcharge of four (4) times the rate for water delivered in
excess of the established maximum volume.
B. During Stage 4, any customer who exceeds the maximum volumes established in the Water
Allocation Table shall pay a surcharge of ten (10) times the rate for water delivered in excess of
the established maximum volume.
C. Notwithstanding the above, at any time the City may install a flow restricting device upon a
service exceeding the maximum volume for more than one billing period. For services up to one
and one-half inch size the City may install a flow restricting device of two gallon-per-minute
capacity, and for larger services, comparatively sized restricting devices for larger services, for a
period of seven days. Before normal service will be restored, a flow restrictor installation and
removal charge of $100 shall be paid by the person who subscribes for the water service.
Appeals are as provided in AMC section 14.06.060 herein.
SECTION 113. Ashland Municipal Code 15.04.030 is hereby amended as follows:
15.04.030 Building Official Designated
The City Manager Administrator shall designate a City employee to carry out the functions
and duties of the Building Official as described in the Oregon 2004 Structural Specialty Code,
unless such individual is a department head, in which case such designation shall be by the
Mayor with confirmation by the City Council. Such person shall be state certified as a Building
Official in all the codes adopted by this chapter, and may delegate portions of responsibility as
may be deemed necessary. Designation by the City Manager Administrator of the Building
Official shall be done in writing in a document filed with the City Recorder.
SECTION 114. Ashland Municipal Code 15.04.214 is hereby amended as follows:
15.04.214 Approval Process
Applications for demolition or relocation permits will be processed as follows:
A. A complete application must be submitted to the building official and must include all of the
required information for the specific action requested. The application must be signed by one or
more property owners of the property where the structure is located. The application must be
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accompanied by the appropriate application fee.
B. Within fourteen (14) days after receipt of a complete application, the building official will
approve, approve with conditions, or deny the application unless such time limitation is extended
with the consent of the applicant. Notice of the decision of the building official will be mailed to
the applicant within seven days of the decision.
C. If the application is approved, or if the application is denied and the applicant desires a
hearing before the Demolition Review Committee, the applicant must post and publish a notice
of the decision. The notice must be posted on the property in such a manner as to be clearly
visible from a public right-of-way and be posted within five (5) business days of the date the
applicant received the decision. In addition, the notice must be published in a newspaper of
general circulation within the City at least seven (7) days prior to the date requests for hearing
must be filed.
D. The applicant or any person may request a hearing before the Demolition Review
Committee by filing a request for a hearing with the building official. The request for a hearing
must:
1. Be in writing and be filed within ten (10) days of the date of the decision, if the request is
by the applicant. Otherwise the request must be filed within ten days of the date the notice is
posted or seven (7) days after the notice is published, whichever date is later.
2. Contain the specific grounds for which the decision should be reversed or modified,
based on the applicable demolition or relocation standards.
E. The following information is required to be contained in the notices required by this section.
1. Notice of the decision by the building official described in Subsection B above is to
contain the following information:
a. The decision of the building official and the date of the decision.
b. The requirements of the applicant for posting and publishing notice of the decision.
c. A statement that no hearing will be held before the Demolition Review Committee
unless specifically requested.
d. A statement that a request for a hearing by the applicant must be made within 10 days
of the date the applicant received the decision and that a request for a hearing must
include:
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(i) The name and address of the applicant,
(ii) the file number of the demolition or relocation application, and
(iii) the specific grounds for which the decision should be reversed or modified,
based on the applicable demolition or relocation standards.
2. The posted and published notices described in subsection C above must contain:
a. A brief description of the approval and the application file number,
b. The phone number and address of the building official,
c. The date the notice was posted, and
d. A statement that anyone who objects to the approval must file a request for a hearing
on a form furnished by the building official, by a date not more than 10 days from the
date the notice was posted or seven days from the date the notice was published in the
newspaper, whichever date is later.
F. If a request for a hearing is timely received, the Demolition Review Committee will conduct
a hearing at least fifteen (15) days, but not more than thirty (30) days, from the date of the
request.
G. Notice for hearings before the Demolition Review Committee will be published in a daily
newspaper of general circulation within the City at least ten (10) days prior to the hearing and
mailed to the applicant or authorized agent at least ten (10) days prior to the hearing. In addition,
a notice must be posted on the property by the applicant in such a manner as to be clearly visible
from a public right-of-way at least ten (10) days prior to the date of the hearing. The applicant
must certify, for the record of the hearing, that the posting was accomplished. The posted notice
must contain a brief description of the proposal, the time, date and place of the hearing, and the
phone number and address for contact with the building official.
H. Within fifteen (15) days of the hearing, or within fifteen (15) days of the receipt of the
report described in AMC section 15.04.216.A.1 is received, whichever date is later, the
Demolition Review Committee shall issue its decision in writing and mail it to the applicant and
all persons who appeared and spoke at the hearing.
I. The decision of the Demolition Review Committee may be appealed to the City Council by
the applicant or someone who spoke at the hearing. In addition, the City Council council may
review the decision on its own motion. The decision is appealed by filing a notice of appeal with
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the City Manager Administrator. The appeal fee, as set by resolution of the City Council
council, must accompany the notice of appeal. The appeal must be filed within fifteen (15) days
of the date the decision of the committee is mailed. The appeal notice must contain:
1. the appellant’s name and address,
2. a reference to the decision sought to be reviewed,
3. a statement that the appellant is the applicant or someone who appeared and testified at
the hearing,
4. the date of the decision being appealed, and
5. the specific grounds for which the decision should be reversed or modified, based on the
applicable standards.
J. The notice of appeal, together with notice of the date, time and place of the hearing on the
appeal by the Council will be mailed to those who appeared at the hearing before the Demolition
Review Committee at least twenty (20) days prior to the hearing. The appeal before the council
shall be a de novo hearing based solely on the evidence in the record made before the Demolition
Review Board. The applicant shall have the burden to prove the standards have been met. The
council may affirm, reverse or modify the decision and may approve or deny the request, or grant
approval with conditions. The City Council shall make findings and conclusions, and make a
decision based on the record before it as justification for its action. The City Council shall cause
copies of a final order to be sent to all persons participating in the appeal.
SECTION 115. Ashland Municipal Code 15.04.216 is hereby amended as follows:
15.04.216 Demolition and Relocation Standards
A. For demolition or relocation of structures erected more than forty-five (45) years prior to the
date of the application:
1. The applicant must demonstrate that either subparagraphs a or b apply:
a. The structure cannot be rehabilitated or reused on site as part of any economically
beneficial use of the property. In determining whether an economically beneficial use
can be made of the property, the Demolition Review committee may require the
applicant to:
(i) Furnish an economic feasibility report prepared by an architect, developer, or
appraiser, or other person who is experienced in rehabilitation of buildings that
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addresses the estimated market value of the property on which the building lies,
both before and after demolition or removal, or
(ii) Market the property utilizing a marketing plan approved by the Demolition
Review Committee or by advertising the property in the Ashland Daily Tidings or
and Medford Mail Tribune at least eight times and at regular intervals for at least
90 days and by posting a for sale sign on the property, four to six square feet in size
and clearly visible from the street, for the same 90 day period.
b. The structure proposed for demolition is structurally unsound despite efforts by the
owner to properly maintain the structure.
2. In addition to Subsections subparagraphs a or b above, the applicant must also:
a. Submit a redevelopment plan for the site that provides for replacement or rebuilt
structure for the structure being demolished or relocated. The replacement or rebuilt
structure must be a minimum of 1,000 square feet, unless the structure being demolished
or relocated is less than 1,000 square feet. If the structure is less than 1,000 square feet,
the replacement structure must be a minimum of 500 square feet. The redevelopment
plan must indicate in sufficient detail the nature, appearance and location of all
replacement or rebuilt structures. No replacement structure is required, however, if:
(i) the applicant agrees to restrict the property to open space uses and a finding is
made that such restriction constitutes a greater benefit to the neighborhood than
redevelopment would, or
(ii) the structure being demolished or relocated is a nonhabitable accessory
structure.
b. Demonstrate, if the application is for a demolition, the structure cannot be
practicably relocated to another site.
3. If a permit is issued and the redevelopment plan:
a. Requires a site review permit, no demolition or relocation may occur until the site
review permit has been issued, unless the site is restricted to open space uses as
provided in AMC section 15.04.216.A.2.
b. Does not require a site review permit, no demolition or relocation may occur until
the building permit has been issued for the replacement or rebuilt structure, unless the
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site is restricted to open spaces uses as provided in AMC section 15.04.216.A.2.
4. The Demolition Review Committee may require the applicant to post with the City a
bond, or other suitable collateral as determined by the City Manager Administrator,
ensuring the safe demolition of the structure and the completed performance of the
redevelopment plan.
B. For demolition or relocation of structures erected less than forty-five (45) years from the
date of the application:
1. The applicant:
a. Has the burden of proving the structure was erected less than forty-five (45) years
from the date of the application. Any structure erected less than forty-five (45) years
from the date of the application, which replaced a structure demolished or relocated
under AMC section 15.04.216, shall be considered a structure subject to the standards
in AMC subsections 15.04.216.
b. Must submit a redevelopment plan for the site that provides for a replacement or
rebuilt structure being demolished or relocated. The replacement or rebuilt structure
must be a minimum of 1,000 square feet, unless the structure being demolished ore
relocated is less than 1,000 square feet. If the structure is less than 1,000 square feet, the
replacement structure must be a minimum of 500 square feet. The redevelopment plan
must indicate in sufficient detail the nature, appearance and location of all replacement
or rebuilt structures. No replacement structure is required, however, if:
(i) the applicant agrees to restrict the property to open space uses and a finding is
made that such restriction constitutes a greater benefit to the neighborhood than
redevelopment would, or
(ii) the structure being demolished or relocated is a non-habitable accessory
structure.
2. If a permit is issued and the redevelopment plan:
a. Requires a site review permit, no demolition or relocation may occur until the site
review permit has been issued, unless the site is restricted to open space uses as provided
in AMC section 15.04.216.B.
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b. Does not require a site review permit, no demolition or relocation may occur until a
building permit has been issued for the structure or structures to be replaced or rebuilt,
unless the site is restricted to open space uses as provided in AMC section 15.04.216.B.
C. For any demolition approved under this section, the applicant is required to salvage or
recycle construction and demolition debris, in accordance with a demolition debris diversion
plan that complies with the requirements adopted the Demolition Review Committee. The
applicant shall submit such a plan with the application for demolition. For any relocation
approved under this section, the applicant must also comply with the provisions of AMC
Chapter 15.08.
SECTION 116. Ashland Municipal Code 15.04.240 is hereby amended as follows:
15.04.240 Certificate of Occupancy
No building for which a permit has been issued shall be occupied nor shall utilities be released
until a final inspection has been made and a certificate of occupancy has been issued by the
Building Official. Such Certificate shall not be issued until all relevant requirements of Title 15
of the Ashland Municipal Code have been met and all requirements of the Planning Commission
shall have been completed. However, with respect to requirements of the Planning Commission,
which shall include but not be limited to variance, conditional use permits, site plans and planned
unit developments, the Building Official may, unless otherwise directed by the Planning
Commission or City Council, release a temporary Certificate of Occupancy and a temporary
release of utilities before the installation and completion of such requirements, and provided the
owner has posted a performance bond satisfactory to the City Manager Administrator to insure
the installation of said requirements within a specified time which time must also be satisfactory
to the City Manager Administrator.
SECTION 117. Ashland Municipal Code 16.20.190 is hereby amended as follows:
16.20.190 Public Hearing
In the event that a grantee fails to provide evidence reasonably satisfactory to the City as
provided in AMC section 16.20.180, the City Manager Administrator shall refer the apparent
violation or noncompliance to the City Council. The City Council shall provide the grantee with
notice and a reasonable opportunity to be heard concerning the matter.
SECTION 118. Ashland Municipal Code 16.26.060 is hereby amended as follows:
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16.26.060 Operation of a Cable System Without a Franchise
A. Any person who occupies rights-of-way for the purpose of operating or constructing a cable
system or provides cable service over a cable system and who does not hold a valid franchise
from the City shall be subject to all requirements of this chapter. The City Manager
administrator shall have the authority:
1A. To require such person to enter into a franchise within 30 days of receipt of written
notice that a franchise is required; or
2B. To require such person to remove its property and restore the affected area to a condition
satisfactory to the City. The City Manager administrator may direct city personnel, or may
employ contractors, to remove the property and restore the affected area to a condition
satisfactory to the City and charge the person the costs therefore;. or
3C. To take any other action it is entitled to take under applicable law.
BD. In no event shall a franchise be created unless it is issued by the City pursuant to this
chapter and subject to a written franchise agreement.
SECTION 119. Ashland Municipal Code 9.20.040 is hereby deleted in its entirety as follows:
9.20.040 Polystyrene Foam Task Force Formed
The Mayor, with confirmation by the City Council, shall appoint five (5) persons to work
with local recycling awareness groups to actively promote the following:
A. Support and monitor recycling projects, including research and demonstration
projects, in order to increase the percentage of disposable plastics products which are
recycled and/or decrease the amount of municipal solid waste deposited in landfills. The
task force may recommend to City Council methods and specific goals, in terms of quality
and quantity, for reduction of disposable plastic products in landfills and in the litter
stream.
B. Work toward the total elimination of polystyrene foam and other disposable plastic
products as a way to reduce litter and reduce the amount of solid wastes deposited in
landfills is a long term community goal. To these ends, the task force is requested to
consider the following aspects in their recommendations:
1. Public Education and Promotion
2. Alternative Product Recycling/Energy Conversion