HomeMy WebLinkAbout2010-0803 Regular Mtg PACKET
CITY OF
ASHLAND
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
August 3, 2010
Council Chambers
1175 E. Main Street
Note: Iterns on the Agenda not considered due to time constraints are autornatically continued to
the next regularly scheduled Council meeting [AMC 2.04.030.E.]
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
[5 minutes]
1. Study Session of July 19, 2010
2. Joint Meeting with Ashland Hospital Board of July 20,2010
3. Regular Meeting of July 20,2010
VI. SPECIAL PRESENTATIONS & AWARDS
1. Proclamation of August 6, 2010 as Hiroshima Day and August 9, 2010 as Nagasaki
Day. [5 Minutes]
VII. CONSENT AGENDA [5 minutes]
1. Will Council approve the rninutes of Boards, Commissions, and Committees?
2. Does the Council wish to confirrn the Mayor's appointment of Thomas Myers to the
Tree Commission with a terrn to expire April 30, 2013?
3. Will Council accept the quarterly report at presented?
VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request forrn"
prior to the cornrnencement of the public hearing. All hearings must conclude by 9:00
p.m., be continued to a subsequent rneeting, or be extended to 9:30 p.m. by a two-thirds
vote of council {AMC S2.04.050})
1. Will Council approve First Reading of an ordinance titled, "An Ordinance Establishing
Fees and Charges for Municipal Court Administration" and move the ordinance on to
Second Reading? Will Council approve a resolution titled, "A Resolution establishing
fees for the adrninistration of the Ashland Municipal Court" ,after the public hearing?
[30 Minutes]
COUNCIL lvlEETINGS ARE BROADCAST LIVE ON CHANNEL <)
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.lJS
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all
people wishing to speak to cornplete their testimony.) [15 minutes maximum]
X. UNFINISHED BUSINESS
None
XI. NEW AND MISCELLANEOUS BUSINESS
None
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Will Council approve Second Reading of an ordinance arnending Chapter 1.08 to
add provisions concerning the classification of offenses? [5 Minutes]
2. Will Council approve Second Reading of an ordinance amending Chapter 4 to add
provisions concerning the classification of offenses? [5 Minutes]
3. Will Council approve Second Reading of an ordinance amending Chapter 6 to add
provisions concerning the classification of offenses? [5 Minutes]
4. Will Council approve Second Reading of an ordinance amending Chapter 9 to add
provisions concerning the classification of offenses? [5 Minutes]
5. Will Council approve Second Reading of an ordinance arnending Chapter 10 to add
provisions concerning the classification of offenses? [5 Minutes]
6. Will Council approve Second Reading of an ordinance amending Chapter 11 to add
provisions concerning the classification of offenses? [5 Minutes]
7. Will Council approve Second Reading of an ordinance amending Chapter 13 to add
provisions concerning the classification of offenses? [5 Minutes]
8. Will Council approve Second Reading of an ordinance arnending Chapter 14 to add
provisions concerning the classification of offenses? [5 Minutes]
9. Will Council approve First Reading of an ordinance titled. "An Ordinance Creating
Chapter 11".34 Relating to Storage of Personal and Recreational Vehicles and
Amending AMC 11.24.020" and move the ordinance on to Second Reading? [10
Minutes]
10. Will Council approve the first reading of ordinances adopting Chapter 18.53 Croman
Mill and related ordinance. Ashland Comprehensive Plan. and Comprehensive Plan
and Zoning Map amendments? Please Note: The Public Hearing and record for this
itme are closed. No additional public comments will be accepled at this time.
Additional materials for this item can also be found on the April 6. 2010, Mav 4, 2010,
Mav 26. 2010. June 1. 2010, and June 15. 2010 Council meeting agendas. [60
Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
1. Does Council wish staff to develop a formal legal opinion about whether the City
Council can regulate the use of pesticides in parks? [5 Minutes]
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act. if you need special assistance to participate in this meeting,
please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification
72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the
. meeting (28 CFR 35. 102-35.104 ADA Title I).
COUNCIL rvlEETINGS ARE BROADCAST LIVE ON CHANNEL <)
VISIT THE CITY OF ASH LAND'S WEB SITE AT WWW.ASHLAND.OR.US
CITY COUNCIL STUDY SESSION
July 19, 2010
Page 10f3
MINUTES FOR CITY COUNCIL STUDY SESSION
Monday, Jnly 19, 2010
Siskiyon Room, 51 Winburn Way
Mayor Stromberg called the meeting to order at 5:32 p.m. in the Siskiyou Room.
Councilor Silbiger, Navickas and Chapman were present. Councilor Jackson arrived at 5:35 p.m. Councilor
Voisin arrived at 6:10 p.m. Councilor Lemhouse was absent.
1. Look Ahead Review
City Administrator Martha Bennett reviewed the items on the Council Look Ahead.
2. Does the City Council have any questions regarding the Ashland Fiber Network Strategic Business
Plan that staff plans to propose for adoption on Angust 3, 2010?
Information Technology Director Rob Lloyd provided history on the business plan process and a presentation on
the proposed 2010-2013 AFN Strategic Business Plan that included:
Timeliue
. 1/20 I O-Council adopts AFN plan goal
. 3/20 I 0 - IT Director starts; Process begins
. 4-5/2010 - Meetings with stakeholders
. 5-7/2010 - Research; Planning; Reviews
. 7/2010 - Presentation to Council
. 8/20 I 0 - Planned adoption by Council
Summary Status
. AFN wholesale model viable for :':3 years
. Cost and price pressures straining utility
Overhead, debt, personnel,
Competitive rates
Bandwidth usage
. Important economic development role
. Refinancing bond would not be productive
Options
1. Sell or Outsource AFN
Financial performance hurts price
Value of assets is not high
Outsourcing likely worse
2. Reorganize on a Revenue-centric Model
Differentiate on product and community role
Not wholly direct retail
Keeps partners but changes role
Create channel to offer and sell more services
Direction: Reorganization
. Strategic Priorities
Financial viability
Cover entire community
Community resource
Pay share of bond debt and internal costs
Operating Formula
. AFN = Municipal telecommunication Utility
. Revenue 2': Operating + Capital + Debt
. Work Breakdown
I. New Internet Bandwidth Contract
CITY COUNCIL STUD Y SESSION
July 19, 2010
Page 2 of3
2. New Cable Television Contract
3. Replace Partner Agreements with Contracts
4. Implement AFN Max Wireless Service
5. Updated Website .
6. Emergency Notification System
7. Free Community Connect Service (remote to network and deploy through WI Max)
Staff and Council discussed offering free internet service at a slower speed or requiring a nominal fee. The City
could not afford to provide free hook up service but could charge an installation free with a rebate if the
customer upgrades. Staff eliminated AFN Bronze and will no longer offer that dial-up alternative. An option
under consideration was offering one-week subscriptions for high speed to visitors.
Turnaround: Financials
. New Revenues + Controlling' Costs - AFN Revenues per Customer Graph
Turnaround: Market Share
. For core business, grow from 41 % to 53% - AFN Internet Market Share Graph
Turnaround: .Debt Share
. Large increase.in Share of Bond Payment
. Dependant on Improved Financials
Staff explained the General Fund and Utility Fund covers whatever debt AFN does not contribute. Citizens pay
for AFN through property taxes and utility rates and currently there were 1,300 citizens unable to access it.
Turnaround: Potential New Products for Consumers and Businesses (All AFN)
. High-Speed Wireless (provided by AFN)
. IP-Based Telephony (partner driven solution)
. PC Support and Backup Storage (not offered due to cost)
. IP Television (AFN could offer but was considered high risk)
. Security (AFN might be able to offer through bundling)
. Website and Online Store Development/Hosting (AFN could provide this using stackable services)
. In-Store Wireless for Customers (was unknown if this would require working with partners or not, the
price variant would be speed)
. Applications (has potential to make more revenue - AFN would compete on product versus price)
Turnaround: Summary
. Focus on Increased Revenues and Lower Costs
. Community Connect Service
. Positive Financials - Infrastructure and Debt
. Lock in Debt Share
. Must Start Quickly
Internet bandwidth contract to Council on 7/20
Community Connect in implementation planning
Emergency Notification System in chartering
Cable Television contract planned for 9/2010
Partner contracts planned for 11/20 I 0
Staff noted AFN achieved major savings on the internet bandwidth contract by reducing costs more than half.
AFN cost structures were higher than competitors that could rely on national networks and had the scale to
provide better pricing. Transit and connection costs for Ashland were more because of its rural location
although those costs were decreasing.
The $150 cost of the Wi Max antenna required for connectivity was a drawback but there were ways to help
offset costs. Some ISP's have offered to cover a portion of the antenna cost.
Key Feedback
CITYCOUNCnSTUDYSES~ON
Jutj, 19. 2010
Page 3 of3
. Overall Strategy: Business Model and Options
. Community Connect Service
. Relationships with Partners
. Rates
. Pressures from Stakeholders
. Improving Public Sentiment
Staff explained the new internet bandwidth contract would support higher speed internet although some
customers may have to replace their modems. AFN will offer services on the website with directions on
upgrading and possible discounts through virtual bundling. The Emergency Notification System would be a
marketing tooL
Council discussed concerns offering free service would cost the City money, requires more support and was
limited to a small group of people. Charging a nominal fee was reasonable and could be adjusted if costs were
not covered. Supportive comments for free service noted the promotional opportunity, it was community
oriented and would generate a positive attitude. Council suggested offering vouchers for the Wi Max antenna,
providing the Emergency Notification System free and a special deal for individuals to get connectivity to AFN.
Staffresponded the Emergency Notification System was usually a one-time log on and not enticing enough for
individuals to disconnect from competitors and clarified Wi Max was a 3-5 year temporary solution. The
projection over the next three years was AFN would have 1,300 new customers.
Staff further clarified that outsourcing was a good idea but there were fixes that needed to occur now in order to
progress to selling or franchising in the future.
Council and staff discussed the recommendation to maintain existing relationships with ISP for the next 1-3
years and the pros and cons of running AFN like a utility. Running AFN as a utility would require ramping up
staff to support the service and those costs would increase as revenue did.
Councilor Jackson left the meeting 7:19 p.m.
Council consensus agreed the business model staff presented was a good approach for the next 1-2 years.
Council did not support offering the free internet access staff suggested under Community Connect Service and
thought free service at a slow speed would not compete. Council suggested promotions that would subsidize the
antenna or offer normal speed service to people who could not previously get it. Other suggestions included a
rate tier structure and payment plans or special promotions for purchasing modems.
Council consensus agreed to maintain the current relationship with the partners and that the rate structure needed
reVISIng. I
Mayor Stromberg thought a one-page summary of the AFN plan would be helpful in fielding questions from the
[SP's, the Budget Committee and contingencies regarding Pressure from Stakeholders.
Council expressed concern on the lack of skills and slow turnaround that occurs having Council as the executive
board. Staff will establish an advisory board from other municipal fiber groups to create a feedback mechanism
to assist Council with recommendations and process.
Meeting adjourned at 7:40 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
Joint Meeting Ashland Ciry Council/Ashland Hospital Board
July 20, 2010
Page I 00
MINUTES FOR THE JOINT MEETING
ASHLAND CITY COUNCIL/ASHLAND HOSPITAL BOARD
July 20, 2010
Council Chambers
1175 E, Main Street
Mayor Stromberg called the meeting to order at 6:30 p.m. Annual General Meeting for Hospital
Board and City Council.
Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present.
Mark Marchetti, CoE.O. and Board Chair Doug Diehl, M.D. presented the annual report.
Dr. Diehl reported that the hospital ended the year with a positive financial result. He stated Ihat
the Board of Directors had spent much of their time and effort ensuring that changes implemented
in 2008 and 2009 related to operating efficiency and labor productivity. The focus on financial
indicators and operational benchmarks was increased and recognized that, Ashland Community
Hospital is an anomaly which can only survive through careful attention to efficiency.
The Board began a strategic planning process to help set direction for the coming years and noted
concern for the future relationship of the hospital and its medical staff. A new committee was
created for the new fiscal year, Board Medical Affairs Committee, which will be comprised of
representatives of the Board and the medical staff. This will be a forum for sharing information
and ideas between the two groups and for the consideration of strategies related to hospital-
physician relationships, programs and services.
Dr. Diehl noted re-appointments to the Board and the Officers.
Chief Executive Director Mark Marchetti presented the overview from the past year. He reported
that it had been a successful year despite service level being down which is attributable to
economic downturn and increased competition. He noted the Ashland Community Hospital
statistics for the fiscal year 2009-2010 year which included number of admissions, inpatient care,
baby deliveries, surgeries and special studies, Emergency Department treatments, outpatient
registrants, home health visits and hospice care.
The hospital generated net patient revenues in excess of $48 million after deductions for
contractual adjustments, charity care and bad debt. Total operating expenses for the year were
approximately $47.5 million. This combined with non-operating revenues, resulted in a gain
from operations of approximately $2.2 million, and a profit margin of 2.43%.
Mr. Marchetti reported that in 2008 the hospital conducted an organization-wide change initiative
involving analysis of all aspects of the hospital's operations. Operational benchmarks and
financial indicators were established based on industry-wide best practices and progress toward
these goals has been significant in the past fiscal year.
In addition, time and energy has been spent on the redesign of the hospital's quality management
programs, quality indicators were redefined for all departments and processes for physician peer
review are being evaluated. Increased emphasis has been placed on action planning and
resolution and greater focus on government mandated reporting of outcomes data through
Hospital Consumer Assessment of healthcare Providers and Systems (HCACPS) and Core
Measures programs. He reported that the hospitals scores related to these programs have
Joint Meeting Ashland City Council! Ashland Hospital Board
July 20, 20 I 0
Page 2 of3
increased.
In 2010 the hospital aligned with a new accrediting body, DNV Healthcare Inc., which is a
division of a larger international corporation known for quality certification, standards
development, and risk management in a wide range of industries including healthcare. Standards
are based on Centers for Medicare and Medicaid Services (CMS) Conditions of Participation.
The hospital has continued implementation of its electronic medical record and is currently
working on computerized physician order entry. The hospital also continues its implementation
of the Planetree model of patient and family centered care. It is hoped that the hospital will
achieve designation status through the Planetree Program by 2012.
Mr. Marchetti noted other significant accomplishments at the hospital over the past fiscal year .
which included: Self-insured plan for employee health benefits, wellness services as part of
employee health benefit program, growth in Center for Internal Medicine, growth in hospitalist
program, renovation to several clinical departments, relocation of Patient Accounts Department to
Talent, automated time and attendance system, more structured processes for patient insurance
pre-authorization and up-front collections, growth in comprehensive would program and
recruitment of a Volunteer Coordinator to facilitate the recruitment, training, and scheduling of
volunteers.
'--
The hospital remains committed to the support of education and training for staff and examples
were noted.
The hospital is committed to the community it services, it provides support for student health
services in elementary and middle schools in Ashland and Talent, support for the Community
Health Center and La Clinica del Valle, the City's Fourth of July and Festival of Lights
celebrations.
The Board of Directors is working with ECG Management Consultants for a strategic planning
process to help set direction for the hospital. It is expected that the planning process will be
completed by fall of this year and a number of defined strategic and operational initiatives were
noted.
Mr. Marchetti stated that the future will be challenging for the hospital and the healthcare
industry and the decline of reimbursement through the Medicare Program. The impact of
healthcare reform is very uncertain and technology continues to evolve at a rapid pace and at
great cost and pressure on wages and benefit costs. Completing his report, Mr. Marchetti stated
that the hospital is confident that they are in a good position to meet the challenges ahead.
City Administrator Martha Bennett commented on the six requested changes in the relationship
between the City of Ashland and the Ashland Community Hospital. These options are on the
agenda for council discussion during their Regular Council Meeting: Status of the official City
Liaison as an ex-officio, non-voting member of the Hospital Board, increase of number of
members of the Board of Directors to 14, hospital to provide mid~year reports to City Council,
remove two of the financial benchmarks from the facilities Lease and the Definitive Agreement,
add provisions to both the Definitive Agreement and Facilities Lease about other circumstances
when the City should either consulted or should resume operation of the hospital and ensure that
the language that indemnifies the City from liability is all three agreements meets the new case
law.
Joint Meeting Ashland City Council/Ashland Hospital Board
July 20, 2010
Page 3 of3
Mr. Marchetti explained that the hospital is continually asked what their role with the City is and
voiced concern that a council member has the potential to entangle the City with hospital issues.
He stated that a position on the Board whether voting or non-voting creates concern, that guests
would be okay sometimes and suggested looking into a different reporting fonnat.
Mayor Stromberg and council members noted concern with not having awareness when there is
no presence at the meetings by the City.
Council agreed to discuss the issue further as an agenda item during their Regular Meeting that
evemng.
Meeting was adjourned at 7:00 p.m.
Barbara Christensen, City Recorder
John Stromberg, Mayor
ASHLAND CITY COUNCIL MEETING
July 20, 2010
Page I of 10
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
July 20, 2010
Couucil Chambers
1175 E. Maiu Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg gave an update on the III 86th Infantry Battalion of the 41" Brigade Combat Team of the Oregon
National Guard reintegration after deployment The troops attended mandatory 30-day and 60-day Yellow Ribbon
Reintegration events. They are anticipating 50% unemployment Soldiers and family members participated in
military and civilian resources that were helpful in the readjustment process.
Mayor Stromberg went on to note vacancies on the Historic, Planning, Public Arts, Housing, and Tree
Commissions.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The Special Meeting minutes of June 29, 2010 were approved as presented.
SPECIAL PRESENTATIONS & A WARDS
1. Does Council have questions regarding the Parks and Recreation Commission's Integrated Pest
Management Policy?
City Attorney Richard Appicello reviewed Oregon State policy on pesticides and explained the City's ordinance
regulating pesticide was a codified policy that did not include the Parks and Recreation Department and for the
most part addressed City employee protection from exposure.
Park Commissioner Mike Gardiner introduced Parks Director Don Robertson and provided the history on
developing the plan adopted by the Parks Commission in May 20 I O. The plan does not eliminate pesticides but
restricts use with an annual review by the Parks Commission every winter. The key decision was not to eliminate
pesticides but retain them as options. Garden Way and Glenwood parks were currently pesticide free. Several
parks retain pesticide free areas and 99% of the open space, and natural areas are pesticide free. The annual
review of the plan will allow the Parks and Recreation Department to determine ways to reduce pesticide use and
budget and implement those reductions.
Mr. Robertson reviewed highlights of the policy that included how the Integrated Pest Management (!PM)
determined best pest management if needed, information gathering, decision-making, managing results and
effective low risk strategies and practices. The Parks and Recreation Department had trained professionals and
used methods endorsed by the State and Federal regulatory agencies. .
He provided examples of policies in place for years that pertained to mulching, using plants naturally resistant to
pests and utilizing volunteers. Design features included concrete mowing strips that will reduce the need to spray
to control and maintain lawn edges. The Parks and Recreation Department have not used broad leaf control on
any of the lawns for decades with the exception of golf greens and have relied on proper mowing, irrigation and
fertilization of park turf to deter weed seed using a selective application of herbicides.
The Parks and Recreation Department will work to reduce or eliminate the use of pesticides and conduct annual
reviews of pest management activities, use the safest pesticides with the lowest toxicity, post areas 48 hours in
ASHLAND CITY COUNCIL MEETING
July 20, 2010
Page 2 of 10
advance of any application and remove 48 hours following the application. No employee will use or apply
pesticides without prior training or event specific authorization. They will attend a review of policies, procedures
and reduction strategies. Pesticides are stored in a safe environment
During the annual review before the Parks and Recreation Department will provide records on pesticide use, why,
how, where, frequency, targets, and outcomes. They will also present a strategy for the following year that
identifies ways to reduce pesticides.
Mr. Robertson noted reduction efforts will require volunteers to ensure its success and described reduction
options. The State requires all jurisdictions to retain records of pesticide usage for a minimum of three years. He
provided handouts of record codes, an approved list of herbicides for various City properties and the !PM
Reduction Plan that will go before the Parks Commission. The Parks and' Recreation Department did not calculate
the additional costs preparing the plan or enforcement Training that occurs annually was not included in the
plan.
Mr. Gardiner clarified this past year was spent documenting process and the goals are to eliminate or reduce use of
pesticide with the help of community, volunteers and staff and maintain documentation.
Mr. Robertson cited studies conducted by Portland OR that focused on three parks regarding a comparison of
annual pesticide free costs versus an integrated pesticide plan that was similar to Ashland. Results showed the
average annual management cost was $3,621 for a pesticide free park after $9,455 in start up costs and an
additional 261 volunteer hours. The total annual cost using a traditional !PM was $371 annually. Lincoln City
eliminated pesticides voluntarily and after three years reinstituted the use of Round-Up because staff was unable to
manage the excessive weeding.
Frances Dunham/807 Beach Street/Read a letter from Terry Mitchell noting that Arcata CA has been pesticide
free for 10 years and Seattle WA has not used Tier I chemicals for years. The letter noted the health impact of the
chemicals used was severely mis-represented and explained why. The affect of pesticides on children in utero and
as they grow were unknown. Children's health has declined and there is an increase in adult chronic diseases.
She understood Ashland would eventually be pesticide free and questioned why not now and asked Council to
reject the recommendation and support pesticide free.
Allan Peterson/807 Beach StreeflExpressed his disappointment in the continued use of pesticides. Despite public
support for pesticide free parks and information provided on the affects ofthe chemicals and inert ingredients, the
Parks Commission choose to take a baby step approach to a public health issue that overrides issues of tidiness and
grooming. With an annual review and a board resistant to complete elimination it will take many years to reach
the ideal solution meanwhile continuing to expose locals and visitors. He urged Council to recognize the threat to
public health and enact a ban on further use of pesticides.
Julie Norman/596 Helman Street/Shared facts on Round-Up and expressed concern China now has 37
Glyphosate manufacturers. She appreciated the steps the Parks and Recreation Department were taking and
encouraged them to work with the Public Works Department to look at pesticide practices in the City as a whole
and inspire landscapers and residents using copious amounts of pesticides to reduce as well. She wanted pesticide
reduction to succeed and hoped a study group would emerge to investigate alternatives and embrace pesticide
reduction.
Angie Thusius/897 Beach Street/Spoke on behalf of the Grandmothers and Friends in Green and referenced a
petition signed by 600 people supporting a pesticide free Ashland. She referred to two environmental groups from
Eugene OR that stated Ashland parks were highly dependent on toxins and added it was impossible to know the ill
affects of pesticides when the inert ingredients were unknown. At Glenwood Park she went with volunteers for an
annual clean up but the neighbors were lax and hardly showed up. In Seattle staff handles the majority these tasks
and prevention is key. Arcata CA banned pesticides in 2000 and their Superintendant of Parks is willing to meet
ASHLAND CITY COUNCIL MEETING
July 20, 2010
Page 3 aJ 10
with the Ashland Parks and Recreation Department and explain the process used in Arcata. She would support an
ordinance that transitioned to pesticide free over the next three years.
Tom Dimitre/901 Beach StreetJRepresented the Rogue Group Sierra Club and stated the Parks and Recreation
Department did not share that 99% of the 150 written and oral comments received requested the Parks
Commission to adopt a pesticide free park policy. The Rogue Group Sierra Club requested the City to evoke the
precautionary principle and require all the areas currently sprayed by the City to be pesticide free by January 20 II.
He,urged the City to prohibit the Parks and Recreation Department from spraying at City schools. Council had the
power to ensure the City of Ashland and the Parks and Recreation Department did not spray pesticide and
encouraged Council to be the model for private citizens and implement a policy of pesticide free parks.
Darwin Thusius/897 Beach StreettThere were discussions regarding other cities !PM's and his impression was
the policies varied with the exception that each had a citizen input group that provided oversight, and was unsure
if the Ashland !PM included an oversight committee. It would be reasonable to have a review twice a year.
Additionally some felt there was resistance from the Parks Commission to interact with other City Park
Commissions and noted the cities Mr. Robertson contacted were different with varying climate factors. He
thought there should be a meeting with people from the City of Seattle, the City of Arcala and other green
jurisdictions to exchange information. He confirmed the use of Round-Up on school grounds and thought the
Parks and Recreation Department should educate the School Board and make it known to parents spraying occurs
on school grounds. It was his understanding the City's ordinance was more restrictive than the Parks and
Recreations Department and questioned why they did not adopt the City ordinance.
Councilor Navickas voiced concern the Parks Commission did not lake aggressive action and set a strict date for
removing pesticides. He had issues with the cost analysis not including how much money went into pesticide use.
The Parks and Recreation Department presented examples of failures not successes and noted an interview he
heard with the Arcala Parks Director who stated costs benefits, savings and explained the main issue was
reconciling community aesthetic biases.
Councilor Navickas motioned to direct staff to come back with a policy to remove Tier 1 pesticides from
City properties by January 2011. City Administrator Martha Bennett suggested the item be added to the agenda
for Council discussion.
Councilor NavickasNoisin mls to bring the item back for further discussion at the end of the current
agenda. DISCUSSION: Councilor Navickas thought this was an important issue for the community and needed
further discussion. Councilor Silbiger clarified this was a Parks Commission issue, Parks Commissioners were
elected by Charter and the Charter states the Parks Commission is in charge of management and control of all park
lands. Councilor Voisin noted one of the Values that the Council adopted was the wellbeing of the community.
Based on input from the citizenry and her own research on pesticide use this was a public health issue that
required a decision from CounciL Councilor Lemhouse added it was also a Council goal to be cooperative and
maintain strong partnerships in and outside the City. The Parks Commission was not required to present the !PM
report to Council and had not presented it for Council ratification or as a recommendation. He respected the
decisions the Parks Commission made and thought the motion went beyond a pesticide issue and made it a
governance issue. Councilor Jackson agreed with Councilor Silbiger and Lemhouse that the separately elected
Parks Commission by the Charter of the City of Ashland had the authority to make this decision. She attended
half of the meetings the Parks Commission and its Ad Hoc Committee held to develop the policy and would not
support Council taking action on the !PM. Councilor Chapman would not support the motion and thought the
Parks Commission had a very open public process, evaluated everything well and came up with a reasonable
compromise. It was clear from their statement they wanted to move towards reducing or eliminating pesticides.
He hoped they would use Arcata California as a resource.
Councilor Navickas did not think the discussion was relevant to the motion and thought there were various
regulations that apply to the Parks and Recreation Department that the City passes. The issue was one the City
ASHLAND CITY COUNCIL MEETING
July 20. 20 I 0
Page 4 of 10
had authority over. Councilor Voisin asked whether Council could make an ordinance that applied to the Parks
and Recreation Department or if the current City ordinance could be more restrictive. City Attorney Richard
Appicello explained the City owns the parklands but there was specific Charter language on control, management
and expenditure of funds vested to the Parks Commission.
Councilor JacksoulLemhouse m/s to call for the questiou. Roll Call Vote: Councilor Voisin, Navickas,
Lemhouse, Jackson, Silbiger and Chapman, YES. Motion passed.
Roll Call Vote on original motion: Councilor Navickas and Voisin, YES; Couucilor Silbiger, Chapman,
Jackson and Lemhouse, NO. Motion failed 2-4.
CONSENT AGENDA
1. Will Council approve the minutes of Boards, Commissions, and Committees?
2. Does Couucil wish to approve a liquor license application from Torsten Hirche dba Apple Cellar at 165
E Main Street?
3. Should Council continue the public hearing on adoption of amendments to Chapter 18.62 (physical
and Environmental Constraints), Chapter 15.10 (Flood Damage Preventiou Regulations) of the
Ashland Municipal Code, aud revisions to the FEMA Flood Insurance Rate Maps?
4. Will Council approve the Mayor's request for Judge Allen Drescher to be re-appointed as Ashland
Municipal Judge Pro Tern?
5. Will Council, acting as the Local Contract Review Board, approve a special procurement for the direct
award (purchase) of flame retardant clothing from the Tyndale Company for a period of five years?
6. Will Council authorize the solicitation of formal bids and proposals for four public works projects?
7. Does Council approve the recommendations of the Public Art Commission to implement another
. round of Reflections of Ashland: Utility Box Beautification Project?
8. Does Council wish to approve a resolution updating the program to prote'ct its customers from identity
theft?
9. Will Council, acting as the Local Contracts Review Board, approve multiple contract awards resulting
from an invitation to bid for water treatment plant and wastewater treatment plant chemicals?
10. Will Council, acting as the Local Contracts Review Board, approve the award of a public contract to
Hunter Communications, the highest ranked proposer, for internet bandwidth?
11. Will Council, acting as the Local Contract Review Board, approve a special procurement for the direct
award (purchase) of Metal Storm Drain Markers from Almetek for a term of three years?
12. Does Council have questions about the progress on Council Goals?
Councilor Navickas requested that Consent Agenda item #7 be pulled for discussion.
Councilor V oisinlLemhouse m/s to approve Consent Agenda items #1-6 and #8-12. Roll Call Vote:
Councilor yoisin, Navickas, Lemhouse, Jackson, Silbiger, YES. Motion passed.
Councilor Navickas expressed his appreciation on what the Public Arts Commission did with the utility boxes and
encouraged the Commission to focus future requests on conservation oriented messaging.
Councilor Voisin/Jackson m/s to approve Consent Agenda item #7. Roll Call Vote: Councilor Voisin,
Navickas, Lemhonse, Jackson, Silbiger and Chapman, YES. Motion passed.
PUBLIC HEARINGS
1. Will the Council approve a'resolution to update Public Works, Engineering Fees?
Administrative Services Director Lee Tuneberg explained Engineering fees had not been updated since 2000.
Due to the table being omitted from a 2006 update staff was recommending adding standard language for annual
administrative updates. The goal was to incorporate all miscellaneous fees into one resolution along with
information on original documentation and resolutions.
ASHLAND CITY COUNCIL MEETING
July 20, 2010
Page 5 of 10
Public Hearing Open: 8:36 p.m.
Staff clarified the Engineering Development fee of. 75% of valuation was an estimated value based on the permit
at the time of application.
Public Hearing Closed: 8:37 p.m.
Councilor Lemhouse/Navickas m1s to approve Resolution #2010-25. DISCUSSION: Councilor Jackson
thought coordinating miscellaneous fees was a good example of efficiency measures and was productive.
Roll Call Vote: Councilor Voisin, Chapman, Lemhouse, Silbiger, Jackson and Navickas, YES. Motion
passed.
NEW AND MISCELLANEOUS BUSINESS
1. Will Council approve the six requested changes in the relationship between the City of Ashland and the
Ashland Community Hospital, as outlined in the memo dated July 7, 201O?
City Administrator Martha Bennett eXplained staff was seeking direction from Council to prepare relevant
documents to adopt new articles of incorporation, draft lease and a definitive agreement The changes will better
separate the Ashland Community Hospital from the City and add protection from possible liable actions on the
hospital's part Changes included the status of the official City Liaison as an ex-officio, increase Hospital Board
'of Directors from 12 to 14, have the Hospital provide a mid-year report, remove two financial benchmarks, add
conditions where the City resumes operations of the hospital and update indemnification language in all
agreements.
Council and staff discussed removing the City Liaison as an ex-officio, non-voting member ofthe Hospital Board.
Councilor Lemhouse/Jackson m1s to approve the six recommendations to include eliminating the City's
liaison position altogether. DISCUSSION: Councilor Lemhouse thought number 1. Removing the City
Liaison required further discussion and thought items 2-6 were reasonable changes as long as regular reports
occurred. Councilor Silbiger confirmed the motion would make the City Administrator the point of contact Ms.
Bennett clarified item 4. Replacing Alternative Financial Benchmarks would have alternative measures of
financial performance. Item number 5. Add Provision to the Definitive Agreement and the Facilities Lease
would require the Hospital to provide a six-month notice to the City. This would ensure a merger or sale could not
happen without the City knowing and require a six-month notice.
Councilor NavickasNoisin m1s to amend motion to remove item 1. Removing the City Liaison for further
discussion and approve items 2-6. Roll Call Vote: Councilor Chapman, Voisin, Navickas and Lemhouse,
YES; Councilor Jackson and Silbiger, NO. Motion passed 4-2.
Council and staff further discussed the conditions where the City can take back the hospital while at the same time
the lease agreement provides right of first refusaL
Roll Call Vote on amended motion: Councilor Jackson, Silbiger, Chapman, Voisin, Navickas and
Lemhouse, YES. Motion passed.
Council discussed the importance of having someone attend Board Meetings but did not think the member needed
to be an ex-officio or a liaison. There was concern whether it was appropriate for liability reasons to attend
meetings. Staff eXplained an ex-officio non-voting member would not incur liability and could participate in the
actual meeting. A liaison would only participate if the Chair invited their participation and a staff contact could
attend the meeting but not participate. Council asked iflanguage was added stating a member has the right to
attend Board Meetings not as ex-officio or member of the Board'would provide adequate separation.
ASHLAND CITY COUNCIL MEETING
July 20. 2010
Page 6 af 10
Councilor NavickasNoisin mls to appoint a City Liaison who can attend Board Meetings but who is not a
member of the board (lb). DISCUSSION: Mr. Appicello confirmed adding language allowing Council to
attend Board Meetings could be added and noted option I. B. would provide additional separation as welL
Roll Call Vote: Councilor Jackson, Silbiger, Chapman, Voisin and Navickas, YES; Councilor Lemhouse,
NO. Motion passed 5-1.
2. Does Council have questions regarding the current status ofthe Lithia Springs Property lease extension
including the environmental assessment work and implementation of the best management practices
by the Ashland Gun Club?
Public Works Director Mike Faught introduced Maintenance Safety Supervisor Mike Morrison and
Engineering Services Manager Jim Olson and provided a presentation on the Gun Club Lease Update that
included:
. Aerial photo of the property
. Background
o April 5, 2010 - Council Study Session to review results of the draft Level II Ecological Risk
Assessment report.
o April 6, 20 I 0 - Council approved a second I-year lease extension to the Ashland Gun Club to
complete the Level II (expires May 30,2011)
. Lithia Springs management Plan identified measures to protect the remaiuing historically
significant features.
. The Ecological Risk Assessment Report has been completed and submitted to DEQ for review.
. DEQ informed the City that cleanup is voluntary as long as the use remains the same.
Mr. Faught explained per the Department of Environmental Quality (DEQ) until there was it change of use on the
property, clean up and environmental review of the site was not required and clean up at this time was voluntary.
Staff was moving forward with a voluntary consult that consisted of signing an agreement with DEQ to approve
site-specific technical consultation cost recovery. Recently a DEQ representative walked through the property
with the Gun Club. The additional consulting will determine other levels of environmental clean up the City can
expect in the event the lease changes. Concentrations of lead in the ground water did not pose a risk to animals
and plants in the area because there was not a complete pathway.
. Gun Club Progress Report
o EP A "Best ManagementPractices for Lead at Outdoor Shooting Ranges" (EP A-902-B-0 1-00 I).
o Testing soil pH levels (20 feet in front and at the berms) indicator for lead migration.
o Sent two of its members to a weeklong training course on these management practices.
o Developing plans to install a new entry gate that will require an identification card to gain entry.
This gate will provide a computer log of all uses time of entry.
. Neighborhood Meeting - July 12, 2010
o 5 Neighbors, 4 Gun Club members attended.
o Staff mailed invitations to 87 properties within a half-mile radius.
o Agenda included History, Progress Report and Next Steps.
. Next Steps
o DEQ Review - Authorize City Administrator to sign DEQ Consultation Cost Recovery
Agreement
o City Council Study Session - Site Tour.
o Additional Neighborhood Meetings.
Staff explained the DEQ consultation would provide site-specific technical consultation in regards to the
investigation and or clean up of hazardous material and contaminants at the site and generate a record of decision.
John Ward/1525 Baldy Creek Road/Explained his involvement with the Gun Club as a project manager on the
Immigrant Watershed Assessment conducted on the Lithia Springs property ten years prior. Lead levels that
exceeded the Environmental Protection Agency (EP A) standards would require hazardous waste treatment that
ASHLAND CITY COUNCIL MEETING
July 20,2010
Page 7 of 10
could be expensive and he did not see language in the lease requiring the Gun Club to perform clean up practices.
He was concerned the Gun Club was on land outside City limits subject to potential flooding that could mobilize
the lead. He noted the hydrogen sulfide in the wetlands reports found in sites Band D were the same as the water
in the Lithia Springs fountain in the plaza downtown. Hydrogen sulfide is a mild acid that has the ability to
interact with lead. He questioned whether the City has done lead analysis on the water supplied to the public.
Bill Longiotri/245 Amos, TalentlIntroduced himself as the Vice President of the Ashland Gun Club and
expressed his appreciation working with staff He explained that Lisa Freeman the Tech Assistant for DEQ came
and inspected the property and was pleased with the results. The Gun Club had Neilson Laboratories, perform pH
factor tests on lead throughout the facility and results showed the pH was within the standards and the lead would
not migrate. The Gun Club was researching gates and had best management practices regarding shot, prevention
oflead migration, documenting activities and record keeping.
Cathy DeForest/1067 Emigrant Creek Road/Shared four major concerns regarding the Gun Club studies and
lease. The first was only one ground water sample was taken when there should have been multiple samples. The
Gun Club leased over 35 acres and one ground water sample was not adequate. The Brown and Caldwell study
done in 2009 occurred during one of driest months of the year and did not address the rainy season. The Gun
Club has used this land for 42 years and no official clean up has happened, targets could have changed with many
areas on the land affected by accumulative lead and antimony waste leading to ground water contamination. Her
second concern was the Scientific Study done by the Rogue River Basin for Southwest Oregon by the University
of Oregon and the Conservation Science and Policy Study showed there will be flooding in the near future and
thought how the affects of a large flood would impact Emigrant Creek should be investigated. The third concern
was if the lease was approved the Gun Club will have the land for $1 until the year 2040 and EP A Best
Management Practices are difficult to enforce. She proposed Council change the lease from 30 years to 3 year so
the City could better monitor the Gun Club's implementation ofthe EP A Best Management Practices. The fourth
concern was the continued use oflead shot. The Brown and Caldwell report recommended banning lead shot for
trap and skeet ranges to reduce impact on wildlife. The Gun Club stated they wi\l not be able to enforce this
recommendation. She proposed Council change the new lease to phase out lead ammunition from all areas leased
by the Gun Club by July 2011.
Edward Kerwin/955 Dead Indian Memorial RoadlExplained he was a resident with an organic vineyard on 55
acres above the Gun Club. The lead in the ground was a hazard. The City of Ashland needed better
communication, information gathering and to look at alternatives in order to make a good decision. He received a
letter from Public Works seven days prior to the July 12, 2010 meeting, but knew other neighbors were not
notified and thought public meeting notice procedures should improve. The recommendation from Brown and
Caldwell was to perform additional sampling of groundwater, soils and pH's for ground water tests and it could be
disadvantageous if the City made a decision without adequate information. He did not think a Gun Club belonged
. in a wetland, flood plain or close to the City of Ashland. There were currently 87 residents near the Gun Club and
there was noise pollution and active lead pollution of the grounds. He urged the City to take a responsible
position, get more information, communicate with all residents of Ashland and make the best decision they could.
Mr. Faught explained the current estimate for further assessments was approximately $5,000 but could be higher.
Councilor Navickas/Jackson m/s to direct staff to work with DEQ. DISCUSSION: Councilor Navickas
thought it was worthwhile to do further assessments to ensure low pH levels were not causing excessive acid from
the sulfates in the area as well as determine flood potentiaL Councilor Voisin wanted additional groundwater tests
conducted. Staff explained DEQ would review the Level II study to ensure the conclusions were correct and
recommend whether the City needs to move forward to Level III and IV testing. They could recommend more
ground water testing but would not do the actual testing. Mr. Morrison clarified the Lithia Springs water supplies
the fountain in the plaza, is groundwater and tested twice a year. Councilor Lemhouse supported the motion and
expressed appreciation to the Gun Club for all their willingness to cooperate and their efforts. Councilor Jackson
supported the relationship the City had with the Gun Club and wanted staff to continue to upgrade knowledge of
ASHLAND CITY COUNCIL MEETING
July 20. 2010
Page 8 of 10
the site and the way it operates but was not sure having DEQ do additional studies was the right path. Councilor
Silbiger thought it was important to have an official opinion even if there were disclaimers. When the lease ended,
City and Gun Club responsibilities would be clearly defined. Mayor Stromberg expressed concern the further
assessments appeared open ended. Mr. Faught explained both parties could terminate the agreement within 15
days. Councilor Voisin would not support the motion and suggested using the money to gather more information
before bringing in DEQ for further assessments. Roll Call Vote: Councilor Chapman, Lemhouse, Navickas,
Silbiger and Jackson, YES; Councilor Voisin, NO. Motion passed 5-1.
Councilor Voisin requested staff come back in three months with a status report on mitigation.
ORDINANCES, RESOLUTIONS AND CONTRACTS
City Administrator Martha Bennett suggested Council continue agenda item number 9 because the judge was
unable to attend the meeting. Mayor Stromberg moved item number 9 to number 1.
1. Should Council approve First Reading of an ordinance titled, "An Ordinance Establishing Fees and
Charges for Municipal Court Administration" and move the ordinance on to Second Reading?
Councilor NavickasNoisin m1s to continue item to the August 3, 2010 meeting. DISCUSSION: Councilor
Navickas thought Council could not make an informed decision withoutthe Judge's input Councilor Lernhouse
had issues continuing the item but did not see the harm in starting the discussion at this meeting.
Roll Call Vote: Councilor Voisin and Navickas, YES; Councilor Jackson, Chapman, Silbiger and
Lemhouse, NO. Motion failed 2-4.
The agenda item was moved to number 10. under Ordinances, Resolutions and Contracts.
2. Should Council approve First Reading of an ordinance amending Chapter 1.08 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
Bill Heimann/647 Siskiyou Boulevard /Expressed concern on the change of classifications and found it was
more than just removing unnecessary language and provided examples. He had further concern Council might riot
understand the changes or the affect they would have on the citizens of Ashland. The weed abatement ordinance
did not have sufficient notification and he wanted to know if that had been updated.
City Attorney Richard Appicello read the ordinance title aloud.
Councilor Lemhouse/Jackson m1s to approve first reading of ordinance and place on agenda for second
reading. DISCUSSION: Councilor Lernhouse thought it was a good decision that gave the Judge flexibility but
supported a classification system as well. Councilor Navickas did not support the motion and thought it removed
discretion from the Judge. The current system worked well and maximized theJudge's discretion. Councilor
Silbiger disagreed and thought being subject to a $500 fine for a minor offense was inappropriate. Roll Call
Vote: Councilor Chapman, Lemhouse, Silbiger, Jackson, YES; Councilor Voisin and Navickas, NO.
Motion passed 4-2.
3. Should Council approve First Reading of an ordinance amending Chapter 4 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
City Attorney Richard Appicello read the ordinance title aloud and noted in the Council Communication where
changes other than classification were made.
Councilor Lemhouse/Jackson m1s to approve first reading of ordinance and place on agenda for second
reading. Roll Call Vote: Councilor Silbiger, Lemhonse, Voisin, Navickas, Chapman and Jackson, YES..
Motion passed.
ASHLAND CITY COUNCIL MEETING
July 20. 2010
Page 9 of 10
4. Should Council approve First Reading of an ordinance amending Chapter 6 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
City Attorney Richard Appicello read the ordinance title aloud.
Conncilor JacksonlLemhouse mls to approve first reading of ordinance and place on agenda for second
reading. Roll Call Vote: Councilor Jackson, Silbiger, Chapman, Navickas, Lemhouse and Voisin, YES.
Motion passed.
5. Should Council approve First Reading of an ordinance amending Chapter 9 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
City Attorney Richard Appicello read the ordinance title aloud and noted bullet points in the Council
Communication that addressed changes made.
Councilor Jackson/Silbiger mls to approve first reading of ordinance and place on agenda for second
reading.
Councilor Lemhouse/Chapman mls to amend motion to change 9.08.020 Dangerous Animals and 9.16.020
Vicious Dogs-Control Required to Class I Violations. DISCUSSION: Councilor Lemhouse explained
9.08.020 and 9.16.020 should have the same classification. Police Chief Terry Holderness agreed the
classification should be the same and added the issues the Police Department tends to have regarding unnecessary
noise applied mostly to parties. RoD Call Vote: Councilor Voisin, Chapman, Jackson, Lemhouse, Navickas
and Silbiger, YES. Motion passed. .
Roll Call Vote on amended motion: Councilor Voisin, Chapman, Jackson, Lemhouse, Navickas and
Silbiger, YES. Motion passed.
6. Should Council approve First Reading of an ordinance amending Chapter 10 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
City Attorney Richard Appicello read the ordinance title aloud and noted amended sections.
Councilor Silbiger/Jackson mls to approve first reading or ordinance and place on agenda for second
reading.
Councilor NavickasILemhouse mls to amend motion to change sections 10.46.020 Camping Prohibited and
10.68.330 Sleeping Prohibited to Class IV violations. DISCUSSION: Councilor Navickas explained the
violation generally applies to impoverished individuals and the fine seemed cruel and unusual. Councilor
Lemhouse added it would be difficult getting payment even as a Class IV violation. Councilor Voisin noted the
mess created by people camping illegally and wanted the money from the fine designated for cleaning up their
campsites or have the offenders clean the campsites. Mr. Appicello clarified clean up was already included and
would be taken into consideration. Councilor Jackson stated camping in the watershed was a fire risk and
suggested leaving it as a Class III. Councilor Chapman supported changing the classification but disagreed with
the argument on the impoverished level of offenders and the decision on the actual fine amount was at the
discretion of the Judge. Councilor Lemhouse agreed but did not think the offense was that serious. Roll Call
Vote: Councilor Silbiger, Navickas, Jackson, Lemhouse, Voisin and Chapman, YES. Motion passed.
Councilor N avickas/V oisin mls to amend motion to change section 10.44.020 Penalties to Class IV violation.
'DISCUSSION: Councilor Navickas thought public nudity violations wQuld typically occur as a means of
expression and protest and should not incur a harsh fine. Roll Call Vote: Councilor Silbiger, Jackson,
Lemhouse and Chapman, NO; Councilor Navickas and Voisin, YES. Motion failed 4-2.
Roll CaD Vote on amended motion: Councilor Silbiger, Navickas, Jackson, Lemhouse, Voisin and
Chapman, YES. Motion passed.
ASHLAND CITY COUNCIL-MEETING
July 20. 2010
Page 10 of 10
7. Should Council approve First Reading of an ordinance amending Chapter 11 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
City Attorney Richard Appicello read the ordinance title aloud.
Councilor Silbiger/Jackson mls to approve first reading or ordinance and place on agenda for second
reading. DISCUSSION: Staff clarified 11.60.040 Truck Routes - Penalty pertained to a truck leaving a
designated truck route and 11.16.010 Speed Limits Public Parks was amended because the Police Department
thought is was adequately covered by the vehicle code. Roll Call Vote: Councilor Chapman, Voisin,
Lemhouse, Silbiger, Jackson and Navickas, YES. Motion passed.
.8. Should Council approve First Reading of an ordinance amending Chapter 13 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
City Attorney Richard Appicello read the ordinance title aloud and noted changes.
Councilor LemhouseN oisin mls to approve first reading or ordinance and place on agenda for second
reading. Roll Call Vote: Councilor Navickas, Chapman, Silbiger, Voisin, Jackson and Lemhouse, YES.
Motion passed. '
9. Should Council approve First Reading of an ordinance amending Chapter 14 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
City Attorney Richard Appicello read the ordinance title aloud.
Councilor Lemhonse/Jackson mls to approve first reading or ordinance and place on agenda for second
reading. Roll Call Vote: Councilor Lemhouse, Jackson, Chapman, Navickas, Silbiger and Voisin, YES.
Motion passed.
10. Should Council approve First Reading of an ordinance titled, "An Ordinance Establishing Fees and
Charges for Municipal Court Administration" and move the ordinance on to Second Reading?
Item delayed due to time constraints.
ADJOURNMENT
Meeting was adjourned at I 0:25 p.m.
Barbara Christensen, City Recorder
John Stromberg, Mayor
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Ex Officio Members;'"Bfandon Goldman, Kat Smith, David Wolske
Staff Present: Mike Faught, Jim Olson, Nancy Slocum
I. CALL TO ORDER: 6:00 PM by Chair Eric Heesacker.
II. APPROVAL OF MINUTES:
Minutes of May 20,2010 were approved as corrected.
III. PUBLIC FORUM:
Dave Wolske, Airport Commissioner, introduced himself as the newly created Airport Commission Ex
Officio Member. His goal was to support air transportation as an important asset to Ashland and the
Commission. The Commission welcomed his input especially during the Transportation System Plan
(TSP) update process.
Kat Smith, 770 Faith, spoke regarding the recent skateboard fatality on her street She said the Fire
Department was very helpful debriefing the children and neighborhood after the accident She reminded
the Commission that the Parks Department and RVTD sponsored two skateboarding camps this summer.
Smith also recounted a bicycle accident at the Morning Glory driveway access. She wondered how many
bicycle accidents were not reported and suggested a public service announcement as well as other types of
education. She suggested lobbying for bicycle safety questions (ie need to look right before turning right)
on the DMV test and emphasized in their booklet
IV. ADJUSTMENTS TO THE AGENDA:
No adjustments were m.ade.
V. ACTION ITEMS:
A. Appoint Subcommittee Members and Chair
Chair Person Heesacker appointed Burnham as Chair Person of the Transportation Commission
Subcommittee. Thompson and Ryan volunteered as subcommittee members for a term ending
December 31, 2010.
B. Appoint Liaison to the Planning Commission
The Planning Commission meets the second Tuesday of the month beginning at 7:00 pm. The liaison
would receive the list serve for the agenda, review it for transportation-related issues and attend the
meeting if needed. Sommer volunteered.
Swales noted that 60-70% of this year's Planning Commission goals were transportation-related.
C. Bicvcle Transportation Alliance (ETA) Funding Request for $2.700
Egon Dubois, BT A Instructor, commented on the recent skateboard fatality and three teens' reaction to
it They laughed. He noted some kids were risk takers and some were always carefuL Education helped
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Page 1 of 4
those kids in the middle. Education also bred better drivers.
Since 2004, Ashland has never paid more than a third of the cost of education classes. Even if
Commission allocates $2,700, BTA will still subsidize $]5,750. Dubois said this money actually
subsidized last year's classes.
Warshawsky noted that with this expense, ]00% of the Commission's budget would be spent on
bicycle safety.
Sommer wondered what the Parks Department did with the addition $1,700 that was not donated to
BT A. Faught could not answer that question and reported that Scott Hollingsworth, Commission
liaison with the Fire Department, was attempting to form a non profit organization to administer the
bike swap and its funds.
Young wanted to make sure that the helmet and bicycle light supply was continually refurbished with
Commission funds if needed.
Motion and Vote:
Young moved to allocate $2,700 to subsidize BTA's educational classes in Ashland. Hauck seconded
the motion and it passed unanimously.
D. Develop Two Year Commission Proiect List
Last month the Commission requested time to develop a list of citywide projects related to
Commission Goal #2 (identity and work to implement specific transportation safety projects or
objectives that could realistically be completed within the next two years while the TSP was in
process). Staff compiled the following list from previous meetings and individual correspondence from
Commissioners:
]. Faith Avenue / Highway 66lntersection improvements.
2. Research signal detector retrofits to accommodate bike detection
3. Research options to help the blind locate the pedestrian crossing buttons at traffic signals.
4. Audible signals for downtown and SOU.
5. Discuss pros and cons to relocating bike racks from sidewalk to street
6. B Street pedestrian amenities.
7. Possible adoption of a 3' Bicycle/Pedestrian Protection Zone fashioned after Grants Pass
ordinance.
Sommer suggested prioritizing them using "forced choice" after a list was compiled. Ryan asked for
additional time to think about items for the list
Young asked the status of the audible signals? Olson reported that block grant money might be
available. He estimated $] 5,000 would be necessary or $3,000 to $4,000 per intersection.
Young requested the status of the crosswalk at Highway 66 and YMCA Way. ODOT reported to Staff
that the intersection would not meet warrants as there was neither an adequate pedestrian count nor a
center median. Thompson would continue to advocate for pedestrian amenities similar to Siskiyou
Boulevard.
Warshawsky asked the status of the Handyman proposal on Highway 66. Olson said the proposal fell
through, but that any future proposal would require a Traffic Impact Analysis (including an access
control study) for the area. Swales reported that traffic counts were decreasing and creative solutions
such as a road diet should be considered. Olson said a design plan from 1973 showed a center median.
The Faith/Highway 66 intersection fell under the City's jurisdiction. Businesses are historically against
addition access closures. Faught recommended delaying decision~ until options were reviewed during
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Page 2 of 4
the TSP update. It could be beneficial to look at the system as a whole.
Sommer asked when the B Street structural reconstruction project might be funded. Faught said
funding street overlays had first priority, reconstructions were last in order to maintain the structural
integrity of the transportation system.
Other Commissioner suggestions for two year goals:
. Ban left hand turns on red lights onto a one-way road
. Make Will Dodge Way more multimodal, including ADA
. Evaluate delivery vehicle patterns in the downtown core
. Add railroad crossings for pedestrian access
. Making a left from Ashland Mine Road to North Main is difficult; crossing four lanes, no
refuge lane, traffic speed 35-45 mph
Heesacker recommended that, since meeting was short on time, the list be prioritized by forced choice
vote at next meeting.
Egon Dubois liked the idea of a long list, but noticed list included infrastructure projects only, no
education. Recommended the "Share the Road" Pledge Campaign.
. Lobby for DMV test questions regarding "vulnerable roadway users"
. Add Central Ashland Bike Path elements to Highway 66 overpass
Motion and Vote:
Ryan moved to allow Commissioners additional time to list items before the next meeting. Motion died
for lack of second.
Hauck moved to end discussion and prioritize list using forced choice method at the July Commission
meeting. Thompson seconded the motion and it passed unanimously.
E. Policv for Establishing Shared Roadwavs
Olson reminded the Commission of their objective to establish a policy that defined and designated
streets as "shared roadways." Earlier Chapman noted a distinct difference between a "shared road"
versus a road that included "sharrows." (Chapman could not attend the meeting.) Faught noted that a
shared road included all forms of transportation, while a sharrow was essentially a bicycle-only lane.
Perhaps a policy for both instances was needed.
Ryan wondered about the cost of designating a road as shared.
Young said one reason Oak Street received sharrows was that Oak was a connector from the Central
Ashland Bikeway to the Greenway. Smith noted that Helman Elementary School parent surveys
showed that Helman and Laurel Streets should have bike lanes or sharrows. Faught recommended
signing the green way to designate the agreed upon preferred route. Staff promised to give the
Commission additional information at a later time.
VI. NON ACTION ITEMS
A. TSP Update
The Intergovernmental Agreement with ODOT was finally approved. Monday, June 281h was the
scheduled kickoff meeting with Staff and the Commission Chair. Staff hoped to save
approximately $40,000 by reducing the number of meetings and/or holding teleconferences.
B. RVTD - Car Free Dav
Kat Smith, RVTD Transportation Options Coordinator, asked the Commission to spearhead the
C:\DOCUME-I\shipletd\LOCALS-l\Temp\XPGrpWlse\6 17 10 TC Minutes.doc
Page 3 of4
organization of Car Free Day. The volunteer(s) would coordinate other volunteers, notify
businesses, manage the budget, work with RVTD, arrange for the banner and the street closure,
etc. If no one volunteered the event would not happen. There was a hope to increase business
involvement. Commissioner Ryan volunteered.
The event was scheduled for September 22; 2010 from 4:00 pm to 7:00 pm. Swales and Sommer
volunteered to help Ryan. Money for the event would be discussed along with the Commission
budget as a whole at the next meeting.
C. Downtown Plaza Parking Configuration
Faught updated the Commission reporting that he had the traffic engineer consultant review the
design. The engineer recommended rather than removing Space #10 as the Commission previously
approved that a bulb out be constructed adjacent to it. Council approved the redesign. Swales
wanted to confirm that the storm drain in front of Mix Sweet Shop would be improved.
Warshawsky was concerned that there would be no extra bike parking.
Faught invited the Commission to the Subcommittee meeting July I" where they would be tour
bike parking in the downtown core. The goal would be to increase bike parking.
D. Discussion on How the Bike Swap Could Be More Successful
Faught reported ideas from the Subcommittee: removing Parks Department management to allow
an increase, in the amount of donation to BT A; increase the hours of sale; encourage bike shops to
join, incn,ase the percentage of sale kept and have a minimum dollar amount. Faught suggested a
representative from the Commission join the Bike Swap Committee. Young volunteered.
vn. INFORMATIONAL ITEMS & COMMISSIONER COMMENTS:
. Swales email regarding Commission's lack of involvement in the Regional Problem
Solving process - Thompson explained that proposed density was too low to support all
forms of transportation. Thompson volunteered to give an update at the next meeting.
. Ryan's list of personal goals - Ryan said most of his goals could be addressed at the
Subcommittee level; the others could wait.
. Philip Krayna's email regarding chaining bikes to sign posts as inadequate bike parking-
Staff would respond to his emaiL Commission emphasized the need for education and
signage. Need for an increase in bike racks in the street. Young thought that, in general,
education and enforcement should be a larger priority. He suggested the need for a "5 E"
Subcommittee. Chair made this a future agenda item.
. Warshawsky noted that Officer McLennan had an explanation on the wording of speed
limit signs.
. Heesacker reviewed agenda items for next month: TSP Kickoff (one half hour); discussion
of a 5 E Subcommittee, Car Free Day budget and planning; forced vote on two year goals;
other budget issues.
VIII. ADJOURN: 8:01 PM
Respectfully submitted,
Nancy Slocum, Accounting Clerk I
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Page4of4
CITY OF
ASHLAND
ASHLAND TREE COMMISSION
MINUTES
June 3, 2010
CALL TO ORDER - Chairperson Bobby Townsend called the Ashland Tree Commission meeting to order at 6:00
p.m. on June 3, 2010, in the Siskiyou Room in the Community Development and Engineering Services Building
located at 51 Winburn Way, Ashland, OR.
Commissioners Present Council Liaison
Bobby Townsend Kate Jackson - Absent
Casev Roland
Kerry Kencaim Staff Present
Amy Gunter, Assistant Planner
Absent Anne Rich, Park Depl. - Absent
Russell Neff
APPROVAL OF MINUTES
May 6, 2010 Tree Commission Minutes - Kencairn / Townsend m/s to approve the minutes of May 6, 2010. ,
Voice vote: all A YES, Motion passed. The minutes were approved as submitted.
WELCOME GUESTS
Tom Meyers, Arborist
Michael Dawkins, Planning Commissioner
PUBLIC FORUM
None
TYPE I REVIEW
PLANNING ACTION: 2010-00586
SUBJECT PROPERTY: 1610 Clark St.
APPLICANT: Ashland Supportive Housing Sue Crader/Judy Beyer
DESCRIPTION: A request for a Conditional Use Permit, Site Design Review, Tree Removal Permit, and
Exception to Street Standards for a respite home and resource center for persons with developmental disabilities.
The applicant proposes remodel the interior of the existing structure to fit the needs of the proposed use. The
applicant is also proposing to remove 9 trees greater than 6" DBH on their property.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential;
ZONING: R-I-75; ASSESSOR'S MAP #: 39 IE 15AC; TAX LOT: 9100
Site Visits All
Amy gave the staff report
The Commissioner's expressed concem that the removal of the deodars' would change the character of the street and expose
the structure to significant heat
Recommendation:
A heat tolerant street tree which will grow well in relation to the power lines shall be selected from the City of
Ashland Recommended Street Tree Guide.
r.l'
PLANNING ACTIONS: 2010-00570
SUBJECT PROPERTY: 300 Vista Street
APPLICANT: 'Joanne Krippaehne, Madrona Architecture, LLC
DESCRIPTION: A request for a Conditional Use Permit to Exceed the Maximum Permitted Floor Area (MPFA)
within a historic district to add an elevator shaft with a 42 square foot footprint to the existing home at 300 Vista
Street.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-I-7.5;
ASSESSOR'S MAP #: 39 IE 09 BD; TAX LOT: 5800
Site Visits: Kencaim & Townsend
Amy gave the staff report
Recommendation:
None
DISCUSSION ITEMS
New Commission Rules - adopted by City Council:
New rules for conduct and operations of the commissions was passed by the Ashland City Council and became
effective in March. Amy explained the changes made by the city council and whether that would affect the
commission. The Tree Commission's Power's and Duties were recently modified and so many of the council
adopted changes would not affect those. There has been a change in how absences on the commissions are
addressed. All of the commissioners were encouraged to review the new code language in Ashland Municipal Code
(AMC) 2.10.
ITEMS FROM COMMISSIONERS
Liaison Reports: None
Council: None
Parks: None
Current Balance - $261.50
ADJOURNMENT - Commissioner Townsend adjourned the meeting at 6:40 PM.
Respectfully submitted by Amy Gunter, Assistanl Planner
..11
._~
2
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Appointment to Tree Commission
August 3, 2010 Primary Staff Contact:
City Recorder E-Mail:
Mayor's Office Secondary Contact:
Martha Benne Estimated Time:
Barbara Christensen
christeb(cV,ashland.or. us
Mayor Stromberg
Consent
Question:
Does the City Council wish to confirm the Mayor's appointment of Thomas Myers to the Tree
Commission with a term to expire April 30, 2013?
Staff Recommendation:
None
Background:
This is confirmation by the City Council on the Mayor's appointment to the Tree Commission on
application received.
Related City Policies:
Ashland Municipal Code (AMC) Chapter 2.17.020
Council Options:
Approve or disapprove Mayor appointment of Thomas Myers to the Tree Commission.
Potential Motions:
Motion to approve appointment of Thomas Myers to the Tree Commission with a term to expire April
30,2013.
Attachments:
Application received
Page I of I
r.l'
CITY OF
ASHLAND
APPLICA nON FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email ch,istcbtli'ashlalld.(lLIlS. If you have any questions,
please feel free to contact the City Recorder at 488.5307. Attach additional sheets if
necessary.
Name Il-,o~"
Requesting to serve on:
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What additional training or education have you ha that would apply to this position?
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Why are you applying for this position?
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Are you available to attend special meetings, in addition to the regularly scheduled
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5. Additional Information
How long have you lived in this community?
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Please use the space below to summarize any additional qualifications you have for this
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III
CITY OF
ASHLAND
Council Communication
Fiscal Year 2009-2010 Fourth Quarter Financial Report:
Meeting Date: August 3, 2010 Primary Staff Contact:
Department: Administrative Services E-Mail:
Secondary Dept.: None Secondary Contact: .
Approval: Martha Bennet Estimated Time:
April- June 2010
Lee Tuneberg
tuneberl@ashland.or.us
None
Consent
Question:
Does Council accept the quarterly report as presented?
Staff Recommendation:
Staff recommends Council accept the quarterly report as presented.
Background:
This is the quarterly financial report for the City (including Parks & Recreation) providing preliminary
end-of-year information (unaudited and unadjusted) on the financial position of the City relating to
cash & investments and budgetary revenues and expenditures.
Financial numbers for the fourth quarter are good indicators of budget compliance. Enough time has
elapsed to evaluate the City's position in relationship to adjusted appropriations for the year according
to Oregon Budget Law. No changes to appropriations can be made after June 30 and no budget
violations have been identified at his time.
Consistent with the prior quarterly reports for this year, cash is higher than prior years' amounts due to
fewer capital projects, growing restricted funds and the concerted effort to restore operating fund
balances. The prior year's cash balance was a low spot over several years contributing to the
significant $2.4 million positive difference at June 30, 2010. This was made possible for FY 2009-
2010 by balancing current period resources and expenses in the budget through the following steps:
I. Completing required projects and not starting new ones without an existing funding source.
2. Cutting operational expenditures to correspond with reductions in related revenue streams.
3. Raising rates or adjusting fees where necessary to cover cost and balance the budget.
Even with the above efforts, significant changes in the individual fund balances did occur and will
continue in the future as the City experiences swings in the economy and variations in operations and
the timing of capital projects. The end result this year is 53% or $11,738,731 of the total $21.8 million
in cash at June 30 unrestricted. Last year the unrestricted portion was $8,251,539 or 42% of the total.
For FY 2009-2010 Operating Revenues are at 91.7% of budget and $2.2 million more than the prior
year. Budgetary Resources for the current year are $1.8 million less than those in the prior year due to
no borrowing being done. They are $1 million below budget this year, also due to no borrowing. No
borrowing is a reflection of fewer proj ects being done that cannot be funded by current reserves.
Page 1 of2
r~'
CITY OF
ASHLAND
Total Unappropriated Ending Fund balance for the year is $21,466,131. This is $2.2 million above the
prior year. It is also $5.9 million above what was budgeted. The increase is a direct result of the added
revenue identified above, holding operational expenditures flat and reducing the amount spent on
capital equipment and projects.
Greater details on these changes are provided in the Financial Narrative provided with this report.
Unaudited, detailed balance sheets, revenues and expenditure reports are available for your review in
the Administrative Service Department office should you require any additional information.
This report includes preliminary numbers that are certain to change before the audit is
complete.
Related City Policies:
City of Ashland Financial Management Policies, Budget Document Appendix
Council Options:
Council may accept this report as presented, recommend modifications as discussed or defer
acceptance (takes no action) awaiting further information or clarification.
Potential Motions:
This report is on the Consent Agenda and can be approved with other items. Ifremoved from the
Consent Agenda for separate discussion one of the following motions may be employed:
A. Council moves to accept the financial report as presented.
B. Council moves to accept the report as modified by discussion.
C. Council takes no action pending further information or clarification.
Attachments:
Attached is the City of Ashland preliminary financial report for the period ended June 30, 20 I 0
This report includes:
1. Financial Narrative (pages 3 - 7)
2. Summary of Cash and Investments as of June 30 for the last two years (page 8)
3. Combined Statement of Financial Position City Wide (page 9)
4. Schedule of Revenues by Fund (page 10)
5. Schedule of Budgetary Compliance per Resolution #2009-15 amended by Council action for
supplemental budgets and transfers of appropriations (pages II - 14) .
6. Schedule of Expenditures by Fund (page 15)
The numbers presented are unaudited and unadjusted.
Page 2 of2
~;.,
Financial Narrative
Summary of Cash and Investments provides an understanding of changes in the City's cash
position across funds and investment types. The city-wide cash balance has "improved" over the
prior year to $21,762,530 -- a $2.4 million or 12% increase that could be considered restoration.
During the prior three years the cash balance decreased significantly each year as capital projects
were completed and little or no financing was done and decreased revenue for activities that
relate to the housing and tourism.
Each fund's cash balance varies for its own reasons. Significant increases were in the General,
Street, Capital Improvement, Electric, Equipment and Parks funds. In all of these funds the City
held the line on costs or expenditures were reduced, improving cash balances. Some of that cash
may be restricted from use like systems development charges or other constraints that require
holding the money for future expenditures. Significant decreases in the Debt Service, Water and
Wastewater funds indicate reductions in cash to meet ongoing commitments. All three funds
require a close watch and balancing to ensUre meeting future commitments. Projects cannot be
done without being funded by existing reserves or the borrowing being done in advance.
The net distribution of cash and investment balances has changed dramatically between years.
The key differences at June 30, 2010, are a $1.3 million reduction in the Local Government
Investment Pool and $3.5 million more in other investments. The LGIP now consists of 52% of
all cash as compared to the prior year when it was 65%. The amount held in bank accounts is
$157,525 more than this time one year ago. The Summary presents two charts for the reader to
consider percentage of cash distribution by fund types and levels of restriction.
The Combined Statement of Financial Position is similar to presentations in the annual
financial report. It is intended to provide the reader an overall sense of the City's financial
position at the present time. Unappropriated Ending Fund Balance (EFB) is $21.5 million or
$2,156,274 more than last year at this time reflecting a positive balance between all resources
and all requirements. The EFB is 37.9% more than what was budgeted. The primary reason for
the difference is that very little in capital projects was done in the year, departments held the line
on operational spending and many revenues held constant or improved despite the reductions in
expenses.
The improved fund balance includes significant shifts in revenues and expenses as identified
above. One key factor is the $6.2 million less than budgeted expenditures on capital projects that
contributed to the improved EFB. However, delays in capital projects will have a detrimental
affect on the following year's EFB.
Revenues and Budgetary Resources at June 30, 2010, total $57,553,439 as compared to total
year-to-date requirements of $56,022,570 which results in a $1,530,869 increase to
Unappropriated Ending Fund Balance. The amended budget anticipated a $3.8 million shortfall,
resolved by the issues explained in this report.
Page 1 of5
~~,
FY 2009-2010 Total Revenues on a city-wide basis are up $2.2 million from the prior year but
$5.2 million down from this year's budget. The increase is due to tax and utility rate increases
and the key shortfall in revenue to budget is Intergovernmental Revenues for project grants and
loans that were not able to be utilized during the year. The same can be said for Budgetary
Resources where none of the anticipated capital financing took place.
Total Requirements are at 83% of the annual budget with Personal Services at 96.7% and
Materials and Services at 90.7%. These percentages of budget are higher than the prior year
percentages. That indicates a tighter approach to budgeting. The 3.3% "savings" in staff costs
represents open positions and less overtime needed in the winter. The mild winter also
contributed to the M&S 9.3% under utilization of budget for materials and purchased wholesale
power. Debt Service is 93.6% since the City budgeted for additional payments on monies
borrowed but did not finance the projects. Similarly, Capital Outlay is only 20.4% of the annual
budget and is $1.8 million less than the amount expended in the prior year. This represents
stopping all discretionary projects until financing can be done and some projects being delayed
by other factors including permitting, weather or other factors like staff availability.
Budgetarv Requirements activity includes a $469,359 Transfer Out amount that primarily funds
debt service payments and a $80,000 repayment of an internal loan relating to Airport
improvements. Contingency was reduced to $1,400,500 representing a reduction of $319,500
(18.5%) for unanticipated expenses.
The Schedule of Revenues by Fund provides an overview of total resources by fund for the
year. All City funds except Telecommunications and Insurance Services are below individual
budget totals. City wide the percent received is 90.3% of budget. The $6.2 million not received
is split between Intergovernmental Revenues, Charges for Services, some franchise taxes and
financing proceeds not obtained.
More telling information is found later in this report in the individual fund statement narratives
to help the reader get a "sense" of how the year transpired.
The Schedule of Budgetary Compliance is intended to present expenditures on a budget basis
by fund consistent with the resolution that adopted appropriations for the year. (See the
compliance section of the budget document.) Appropriations are as adopted except for those
adjusted by the resolutions identified in the heading. The identified resolutions represent
supplemental budgets and transfers of appropriations to remain compliant with Oregon Budget
Law. Most departments and many funds had appropriations adjusted through a supplemental
budget for new revenue streams like grants or loans or unusual expenses that were addressed by
a transfer from Contingency. The increased number of budgets changed indicates new revenue
streams are being pursued to fund programs and that the reduced budgets leave no room for
error, often forcing transfers of appropriations 'Just in case" for things that previously would not
have been an issue.
No budget violations for FY 2009-2010 have been recorded at this time.
Page 2 of5
~.t. 1
The Schedule of Expenditures by Fund is a summary report that balances the schedule for
revenues on page 3. The totals for this report track closely with revenues but the reader should
consider the information provided below for a better understanding of revenues and expenditures'
to date.
An overview by fund is as follows:
General Fund - Total revenues are 95.9% and expenditures are 92.4.3% with $400,000 in
Contingency unused. Charges for Services are 99.9% and taxes are 96.2% of budget,
respectively. Inter-governmental Revenue was also 99.9% of budget and Fines were 128.6%
thanks to state mandated assessments to fund Court operations. Expenditures exceed all
revenues by less than $1,000 holding the EFB constant instead of the budgeted $547,292
reduction. This is approximately $628,000 better than the prior year. At this time the ERB is
64% better than what was budgeted. The EFB is right on target for the carry forward into FY
2010-2011 but will certainly improve with accruals and other adjustments.
CDBG Fund - Actual Revenue and Expenditures are well below budget and consistent with
activities for the year. The EFB is $34,424 and that will carry forward to FY 2010-2011 to fund
projects. No carry forward was anticipated.
Reserve Fund - Newly created for FY 2010, the balance is $148,251 with 68.6% of the Transfers
In realized. The total is $67,000 less than what was anticipated for the year. The balance will
carry forward for consideration in future budget processes. This is approximately $2,250 less
carry forward.
Street Fund - A positive cash flow of$498,258 year-to-date has been recorded with $3.1 million
in all resources and $2.6 million in operational and capital expenses. Limited capital project
expenses have occurred as some projects are delayed and others await the master plan review.
The carry forward is $2.9 million, slightly above what was.budgeted for FY 2010-2011.
Airport Fund - A positive variance has been recorded for both Revenue and Expenditures. The
increased revenues and decreased expenditures still yielded a $77,922 reduction in EFB. But
that was $16,365 better than what was anticipated so the EFB is $22,056 and above target.
Capital Improvements Fund - Total Revenues are 56.4% with Charges for services at 100%.
Miscellaneous Service Fees are 82.9% and interest was only $15,149 or 81 % of budget. Total
expenditures are well below budget at 47.6% resulting in a positive $534,140. The Ending Fund
Balance is about $285,000 less than projected and about one third of that will be made up by the
F &B tax accrual to be recorded before closing the year. Even so, the fund will carry forward less
than originally expected.
Debt Service Fund - Taxes are 100.7% with Charges for services also at 100%. Miscellaneous
Service Fees are 23% and interest was only $6,769 or 22.6% of budget. Miscellaneous fees will
improve slightly with final accruals of charges but still fall short since the budget includes
Page 3 of5
~i.'
assessments atid none were done during the year. Total expenditures are at 91.7% of the budget
resulting in a negative $320,941 cash flow which is larger than the budgeted $304,239 reduction
in cash. The Ending Fund Balance is ajust over $750,000 or about one third of what should be
held with the AFN debt budgeted here. The carry forward is very close to what was budgeted for .
the ensuing year.
Water Fund - Resources ended the year at $4,456,829 or 91.3% of budget. Expenditures were
$4,926,022 or 83.8% percent of budget. The result is a reduction in EFB of$469,193 or about
half of what was budgeted. The carry forward will be a little over $1.8 million. This total is
better than budgeted for FY 2010-2011 but the allocation ofEFB between restricted and
unrestricted will be problematic. The fund continues to maintain high SDC balances in the EFB,
leaving too little unrestricted cash for operations. Water sales were $4.1 million or 92.5% with
operational costs a $4.0 million before the $580,111 payment on debt service. The cool went
spring and early summer definitely had a negative impact on cash flow. This leaves very little
money for capital improvements that do not qualify for 100% SDC use. Cash reserves are too
susceptible to reduced sales due to temperature and precipitation while fixed costs remain
constant.
Wastewater Fund - At this point Revenues have fallen short of Expenses by $550,477. Most of
the short fall will be offset by the Food & Beverage tax accrual for the last quarter, restoring cash
reserves used to make the DEQ loan payment. The accrual will help the fund exceed the
projected EFB carry forward to the next year. Like the Water Fund, the Wastewater Fund has a
sizable balance restricted for SDC qualified projects and debt service, leaving too little
unrestricted cash for operations. Unlike the Water fund, the F&B tax will make it easier for this
fund to maintain cash reserves.
Electric Fund - Total Revenues exceeded Expenses by $517,669 for the year. The Ending Fund
Balance to be carried forward to FY 2010-2011 is approximately $380,000 larger than budgeted
however that will not be enough to avoid some rate adjustment. Part of that savings relates to
open positions including the director of the department so those savings carmot be replicated
with out some other cost. The fund also remains susceptible to fluctuations in sales. Unlike the
Water Fund where reduced sales are not offset by significant reductions in operating costs,
reduced consumption of power by the customer does save in wholesale power purchases. Even
so, the fund will still see other operating cost increases in the coming year even ifBPA does not
make significant changes in wholesale rates.
Telecommunications Fund - Total Revenue is at 97.5%. Expenditures (including this fund's
$356,000 portion of the Debt Service on AFN GO bonds) are 80.9% of budget and generate a
small positive cash flow for the year. An unfilled position during the IT Director's vacancy is
the primary cause of the positive cash flow for the year. The fund balance is $957,035 (over
$45,000 above what was projected for carry over) and is budgeted to help reduce the increased
future debt service in,FY 2010-2011. This added amount, stable revenues, adherence to
budgeted amounts and limited use of Contingency in FY 2010-2011 will enable this fund to meet
its target EFB at 6/30/11 of$375,000 despite paying $344,000 more towards debt service.
Page 4 of5
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Central Services Fund - Revenues are at 98% and Expenditures are at the 93.4% resulting in a
positive cash flow of$121,948 as compared to the negative $157,648 budgeted for the year.
This improved performance over budget generates a carry forward into FY 2010-20 II of
$283,111. That is $39,000 more than projected and will help the fund reach an adequate
$100,000 EFB at June 30, 2011.
Insurance Services Fund - Revenues met budget at 99.7%. Expenditures were kept below 80%
but the fund still experienced a negative cash flow of $46,848. This is a positive variance over
buget of$184,085 resulting in a carry forward slightly better than budgeted for FY 2010-2011.
However, staff recommends that his fund work toward a $1 million EFB to protect against any
sizeable loss that cannot be insured against. Staff will have to monitor this fund over the next
few years to rebuild reserves needed to protect against large claims.
Equipment Fund - Revenues were 96% of the amended budget including internal payments for
future equipment replacements and Expenditures were 69% resulting in a positive cash flow of
$674,069. This is $307,998beUer than budgeted because $253,169 less in scheduled capital'
purchases. The EFB carry forward is approximately $50,000 more than projected and the added
amount will help fund large equipment replacements in the coming years. Staffrecommends an
EFB in the $1.4 million range.
I
Cemeterv Trust Fund - Charges for Service are 78.5% of budget. Interest earnings are at 35.9%.
Interest earnings are transferred to the General Fund periodically through the year. The Ending
Fund Balance is $804,943 and climbing.
Parks and Recreation Fund - Revenues finished ahead of Expenditures by $410,731. Thanks to
spending being held to 94.1 % of budget and Charges for services coming in at $923,965 or 121 %
of budget, the EFB is $1,790,483 or $340,000 more than projected. The $1.8 million ending
fund balance is needed to carry this fund to November when property tax proceeds for that year
are received.
Ashland Youth Activities Levv Fund - The levy ended in FY 2008 so Parks only accounts for
prior years' receipts and their distribution to the school district here in subsequent years. The
amount budgeted should reduce each year until closing the fund is agreed upon.
Parks Capital Improvements Fund - Interest earnings, Miscellaneous fees and Transfers in for
projects with no expenditures during the year results in a positive cash flow of$85,873. The
EFB is $252,864 or approximately $21,000 more than budgeted carry over into FY 2010-2011.
These are preliminary numbers that are certain to change before the audit is completed.
Unaudited, detailed balance sheets, revenues and expenditure reports and fund statements are
available for your review in the Administrative Services Department office should you require
any additional information. .
Page 5 0[5
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City of Ashland
Summary of Cash and Investments
Preliminary fOL6I3012010
Fund
Balance
June 3D, 2010
General Fund
Community 8Iock Grant Fund
ResaMl Fund
SItOOI Fund
Ai/port Fund
Capitaltmprovements Fund
Debt Service Fund
Water Fund
Wastewater Fund
EIedrIc Fund
TeIeeommunlcatlons Fund
central Services Fund
Insurance Services Fund
Equipment Fund
Cemetery Trust Fund
$
2,779,661 S
11,267
148,251
2,895,502
23,878
2,035,997
755.237
1,741.429
3,047,500
1,330,961
856,345
612,214
967,335
1,534,505
807,350
19,647.432 S
$
Pm & Recreation Agencf Fund
2,215,096
2.215,096
Total Cash Distribution
$
21.762,530 $
Manner of Investmenl
Petty Cash
General Banking Aa:oonts
Local Government Inv. Pool
City Investments
S
3.710 S
1,905,182
11,340,771
8,512,867
Total Cash and Investments
$
21,762,530 S
Dollar Distribution
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Balance
June 30, 2009
2,202,048 $
45,535
2,425,923
93,626
1,407,711
1,072,986
2,029.456
3,267,610
980,614
753,250
557,993
1,042,617
BB4,6B3
790,761
17,554.712 $
1,834,589
1,834,589
19,3&9,300 $
3,210 S
1,747,657
12,649,527
4,988,906
19,3&9,300 $
Change From
FY 2009
577,613
(34,268)
148,251
469,579
(69,748)
628,286
(317,748)
(288,027)
(220,110)
350,347
103,095
64,221
(75,282)
649,922
16,589
1,992,720
380,509
. 380,509
2,373,230
500
157,525
(1,308,756)
3,523,961
2,373,230
Cash Balaneo Dlatrlbution
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~, T/U$tll104,943,
$4OO,CKXl,2% r .."
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$6,'1S,53S, 30% -.
S.'l.~I".
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. $1,627.333.7% Assetf'orfeded
OlherRe$.elvtld, $'.0,914.1"
'S572.013.~
\
City of Ashland
Statement of Revenues and Expenditures on City Wide
PrcUmtnary for the twelfth month end:ed June 30, 2010
Fiscal Yea, 2010 Pe..... Fiscal Year 2009
Year. T o-Oate Fiscal Year 2010 CoDO<led I Year.To-Oate
Resource Summary Actuals Amonded Expended Ba1inci! Ac1uala
Revenues
T..es $ 17,293,620 $ 18,157,555 95.2% $ (863,935) $ 16,301,050
Licenses and Permits 474,379 612,500 77.4% (138,121) 768,451
Intergovemmental Revenues 2,309,927 5,757.430 40,1% (3,447,503) 1.611,046
Charges fOf SefVices - Rats & Internal 35,068,495 35,902,405 97.7% (833,910) 32.734,055
CllaJges fOf SIllVices. Mise. Service rees 543,744 066,170 81.6% (122,426) 1,252.818
System Develcpmenl CllaJges 300,287 78,450 382,8% 221,837 292,250
FInes and Forfeilures 182,648 142,000 128,6% 40,648 168,110
Assessment Payments 3,292 tB,110 18.2% (14,818) 25,587
Interest OIllnvesbnenls 193,317 315,300 51.5% (181.983) 353,066
M_ Revenues 634,372 465,165 136.4% 169,207 1,253,171
Totat Revenu.. 51,004,080 62.175,0115 91,7% (5,171,004) 54,768.406
Bud9etmy Resou....'
Other Financing Soun:os 965,600 0-0% (965,600) 2.063,961
Intelfund Loans 80,000 80,000 100.0%,
Transfers In 469,359 513,648 91.4% (44,Is7) 328,173
T olal BudgelaIy ReSoun:es 649,359 1,559,t46 35,2%' (1.009,187) 2.392.134
T olal R..oun:es 57,S53,439 63,734,231 90.3% . 16,180,791) 57,158,539
llequl1lmentl by Classification
PeBonalServices . 22,060,627 22,820,303 96,7% 759,616 22,406,335
Malerials and Services , 27,066,661 29,841.951 90.7% 2,775,290 26,394,222
. Debt SeMce 4,764,409 5,088.701 93.8% 324,292 4.803,719
. Total OperatIng Expendllu.... 53,891,697 57,750,955 93.~ 3,8S9,258 S3,804,278
Capital ConaIrocIion. ~, 159,338
COpIIal OUIlay ..1,581.518 1,740,854 20,4% 3.364,031
tnJet1und Loans . 80,000 80,000 100,0% .825000
TransfersOu1 469,359 550,046 85,3%. 80,687 328,173
Contingendes 1,400,500 - , .0,0% 1,400.500
T olal &ldgetary Requirements 549,359 2,030,648 27.1% 1.481.187 953,113
Total Requirements 58,022,570. 81,522,357 83,0% 11",183. 57 .921,418
Excess {DeficIency} of RllSOUIt8S over
Requiremen1s 1,530,869 (3,768.126) 140.4% 5,318,995 (762,937)
Wotldng Capital Canyovet 19,935,262 ' 19,351,053 '103.0% 584.209 20,052,793
.
Unappropriated Ending Fund Balance S 21.468.131 $ 15,562,927 131.9% $ 5,903,204 $ 19,289,851
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City of Ashland
Schedule of Revenues By F,und
Preliminary for the twelfth month ended. June 30, 2010
fiscal VIlI12010 . 'FIscal Year 2009
V....To;Dat.. fiscal Vo.. _",Uo Veal,T..Oito
Revenu.. by Fund _111 2010 Amended Budglll Bllt3ilee . Actuals
CIty
General Fund $ 13,875.203 $ 14,472,838 95.9~ $ !597,635) $ 13,392,325
CommUnity BIocl\ Grant Fund 395,649 493,958 80.1% (96,309) 28,143
ReseNe Fund 148,251 215,000 69.0% . (66,749)
Sinlet Fund 3,101,902 5,427,095 57,2% . (2.325,193) 2,990,056
AIrpoltFund 108,694 108,000 10Q.6% 694 394,103
Capllallmprovi!ments Fund 1,619,635 2,810,055 66.4% (1,250,220) 2, 178,285
Debt ServIce Fund 1,870,241 2,086,296 69,6%. (216,055) 1,879,254
Water Fund 4.456.829 4,883,609 91.3% (426,780) 5.252,805
WastewaJerFund 4,44&,933 5,480,125 81.1% (1.033,192) 4,317,550
EIedrIc Fund 12,695,875 12,647,900 100.4% 47,975 12,200.479
TeIeeommunicalions Fund 1,814,510 1,661,500 97,5% (46,990) 1,810,435
Central Services Fund 5,694,558 5,811,850 98,0% (117,292) 5,332,479
Insurance Services Fund 677,852 660,000 99.7% (2,148) 768;727
Equipment Fund 1,488,4$7 . 1,550,200 96,0% (61,733) 1,278,700
Cemetery Trust Fund 23,361 40,500 57,7% (17,139) 36,383
Total City CompOlIOlIlll 52,418,161 ' 5B,628!926 89.4% (6,210,165) 51,859,724
Par1aI and _non Component
. Parl<s and _on Fund 5,007,881 4,921.305 101.8% 86,576 5,163,292
Ashland VOUIh ActiviIIes Levy Fund .41,524 100,000 41.5% (58,476) 84,604
Parl<s Capllallmprovement Fund 85,873 84,000 102.2% 1,873 50,919
Total Partes Componenlll 5.135.219 5,105,305 100,6% 29,914 5.298,814
Total City 57,553,439 63,734,231 90:3% (6,180,792) 57,158.539
Worldng Capital Canyover 19,935,262 19.351,053 103,0% 584,209 20,052,793
Total Budglll $ 17,438,701 S 83,085,284 93,3% S . (5,598,583) $ 77,211,332
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City of Ashland
Schedule of Budgetary Compliance Per Resolution #2009-15
'~sAmendedby Re$olutlons # 2009~23, 2009-30, 2009-32, 2010-02, 2010-03, 2010-13, 201l)-14, 2010-.2~
PreRmlnary for the twelfth month ended. June 30,2010
FlscaIYeer 2010
Year-To-llate FlseaI Year 2010 Percent
Aduats Amended Used Balanco
General fund
AdmiJiIs1ralion $ 177,370 $ 201,590 88.0% $ 24,220
~n. Ubrary . 344,788 356,088 97.1% 10,300
AdmiIlIsl1ation . Municipal Court 419.467 424,924 88~ 5,457
AdmiIlIstrative SeMces' SodaIServices Grants 118,515 120,342 88.5% 1,827
AdminIsttaIive Services. E<xlnomic & CutturaJ Grants 555,817 570,000 97,5% 14,183
Administrative SeMces. MisceIaneous 44,604 45,000 88,1% 396
AdminIstrative Services . Band 56,720 57,619 98.4% 899
Pofice Department 5,316,523 5,578,383 95.3% 261.840
F'.. and Rescue Department 4,904,919 5,085,705 98,4% 180,788
PllbtlC_. Cemeiary Division 287,028 310,305 920% 23,277
Community Development . Planning. DIuIslon 1,059,176 1,214,383 87.:/% 155,187
Community Development. Buikfmg Dlulsion 590,638 656,331 90,0% 65,693
Transfe", 500 500 100.0%
Conllngency 400,000 0.0% 400,000
ToUI General Fund 13.876,085 15,020,130 924% 1,144,065
Communl1yDeveiopnlent Block Grant Fund
~IServlces 36,760 38,000 OO,~ 1,240
Materials and SeMces 394,083 455,958 86.4% 61,875
Total CommunitY Development Grant Fund 430,843 493,958 87,:/% 83,115
SlTeet Fund
PublIc _. sbeet Operalions 1,872.494 4,140,888 45,:/% 2,268,394
PublIc Wor1<s. Storm Water OperaJlons 625,714 620,878 84,~ 00,184
PublIc Wor1cs. Transportalion'SOC's . 29,039 561,400 . 52% 532.361
PublIc Wor1cs. Stann Water SOC's 10,818 274,000 3.9% 263,182
PublIc _ . Locallmproveri1ent 0isIritls 18,018 100,096 9.2% 178,082
Transfers' 147,564 215,000 88.6% 67,436
ContIngency 66,000 0,0% 88,000
Total SlTeet Fund 2,603.645 6,076,264 ' 42.8% 3.472,619
Al1j>ort Fund 10,670
Materials and SeMces 66,080 78,760 88,0%
Debt Service 38,536 38,537 100,0% 1
OtherFlnandng Uses (Inlerfund Loan) 80,000 80,000 100,0% '
Contingency 5,000 0.0% 5,000
Tollll Airport Fund 188,616 202.297 92.3% 15,671
'2FMdlril~Ul30 FY~lO.*
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Schedule Qf Budgetary Compliance Per Resolution #2009.15
\s Amended by Resolutlonll # 2009-23,2009-30,2009-32,2010-02,2010.03,2010-13, 201Q..14, 2010c2::
Preliminary for tha twelfth month ended Juna 30, 2010
Ascal Year 2010,
Y..r.To-Oata R.carYear 2010 Percent
Actual, """"dell Ihod 8afance
PenlonaiSeivices Capllallmproli~Fund 178,901 18i.905 98,3% 3,004
Materials end SaM:es . 341,370 . 361,905 94.3% 20,535
Captlal Outlay 251,300 . 1:408,680 17.8% 1.157,390
TrailsIers 314,125 314,546 99,9% 421
Contingency 13,500 0.0% 13,500
Tot.al Cepllallmprovemenlll Fund 1,085,695 2,280,546 47,6% 1.194,851
Debt SelVlce Fund'
Debt Service . 2,191,182 2,390.535 91,7% 199,353
Tota1:Debt Se7v1ce Fund. 2;191,182 2.390,535 91.7% .199,353
WalerFund
Electric . Conservation 174,711 178,292 98.0% 3,581
PublIc Works. Foreat Lands ManSuemanl DivIsiOn 206,216 337,734 61,1% 131,518
Public Works - Waler Supply 2tl,538 315,616 67.0% 104,078
PublIc Works - Water Treatment 1.053,607 1,120,748 94,0% 67,141
PublIc Works - Water Division . 2,361,839 2,436,783 96.9% 74,944
PublIc Works. Reimbursament SDC's 18,709 328,750 5.7% 310,041
PublIc Works -Improvement SOC-s 195,947 268,2;50 73.6% 70,403
Public Works - DebrSDC's 123,445 123,446 10110% 1
ConlU1genty 139.000 0,0% 139,000
Tot.alWa1erFund 4,926,022 . 5.880,137 83,8% 954,115
W..l1iWaterFund
Public Works - Wastewater CoI1ection 1,582,904 1.656.499 942% 95,595
PublIc Works - Wastewater Tmatmenl 1.626,575 2,155,544 75.5% 528,969
Public Works. Reimbursements SDC's 1,289 127,680 .1.1)% 126,601
PublIc Works -I_mont. SDC'. 615 . 550.000 0.1% 549,385
Debt SeMl:e 1,806,028' 1.877,557 96.2% 71,529
Contingen.:y . 150,000 00% 160,000
TolaIW..-FWtd 4,997.411 8,519,490 76.7% 1,522,079
Electric Fund
EIeclric - Conser.ation Division 713,140 744,498 95.8% 31,358
Electric - Suppty . 5,215,128 5,905,204 88,3% 680,076
EIectric-OistTIbulion 5,424,586 5.592,581 97.0% 167,996
EIeclric-Transrnisslon 800,246 903,600 88.6% 103,354
Debt Service 25,lQ7 25,11l8 . 100.0% 1
Conllngency 212,000 0.0% 212,000
TotarElectr1cFUnd 12,178.206 13,382.991 91.0% 1.204,185
12Fbin::i:l1...bt1)fY201O,Gi
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Schedule of Budgetary Compliance Per Resolution #2009-15
u Amended by Resolutions # 2009-23,2009-30,2009-32,2010-02,2010-03,2010-13, 2010-14, 2010-2<
Preliminary for the twelfth month ended June 30, 2010
ToIeCommunl~o'n..Fund
Aaca! Year 2010
Year.To-Date Fiscal Year 2010 Percent
Actuala Atneildad Uted Balanca
1,101,190 1,364,228 80,7% 263,038
330,230 387,834 . 85,1% 57.604,
356,000 356,000 100,0%
100,000 0,0% 100,000
1,787,420 2.208,062 80.9% 420,642
IT . Internet u
IT . High Speed AccOss
Debt. ToDebI Service Fund ,U
Contingency
Total. Telecolllmunlc.ations Fund
- Nofo: In Inleme! 8p/xoprlaIion
Conl1al Se7vices Fund
Adminislra1ion DePanmanl
IT - Computer SeJVicas Division
_live Services Department
City Raoorder
Pub6c Worb . Administration and Engineering
Contingency
EAlulpmanl Fund
1,215,633 1,326,566 91.6% 110,933
1,105,683 1,145,133 96,5% 38,580
1,645,123 1,699,890 96,8% 54,767
292,849 298,539 98,1% 5,690
1.313,452 , 1,383.370 90\,9% 69,918
116.000 0.0% 116,000
5,572,610 5,969,498 93.4% 396,888
71,909 80,130 972% 2,221
646.791 6llO,llO3 95.0% 34,012
150,000 0.0% 150,000
724,700 910,933' 79,6% 185,233
274,889 288.120 95.4% 13,231
458,678 515,009 89.1% 56,331
80,831 334.000 24,2% 253,169
47.000 0,0% 47,000
814,398 1,184,129 88.8% 369,731
7,171 20,000 35,9% 12,829
7,171 20,000 35.9% 12,829
Tolal Cenlnll Services Fund
InsuranceSe7vlces Fund
Personal SeJVicas
Materlals and SeJVicas .
Contingency
Totallnauranc:o'Servk:a. Fund
Pel1lO/latServices
M8terials and SeMces
Capital Outlay
Contingency
ToIatEAlulpmant Fund
Cemelely Trust Furid
T ransIers
Total Camelety Trust Fund
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Schedulec;>f,Budgetary Compliance Per Resolution #2009-15
u Amended by Resolutions #2009-23,2009-30,'2009-32,2010-02, 2010-03, 2010-13,2010-14, 2010-2~
F'rellmlnary for the twelflh monlh ~nded June 3O.2ql0
FIscal Year 2010
Ya.,. To-Dalll fltca1 Year 2010 Percent
Actual. Antended Used Balance
Part<i .ild ReCioaiIonFund
Parl<s 0IvIsi0n 3,131,281 3,319,100 94.3% 187,819
Reaealion Division 1,029,130 1,115,875 92.2% 86,745
Golf 0ivIsl0n 436,739 448.420 97.4% 11.861
Contingency . NlA
To1a1 Porb and R8creatJon Fund 4,597,150 . 4,883,395 94.1% 286,245
Youth Actlvllle.1.o1Iy Fund!
Materiatsand Services . 43.436 , ' 100,000 43.4% 56,564
'To1a1 Youth Actlvtt1eOl..evY Fund' 43,436 100,000 43.4% 56,564
Porb Capltallmprovemen1 Fund
Capital Outlay .' NlA
Total Park. Capltallmproyament Fund NlA
Total Appropriation. $ 56,022,570 $ 87,522,357 83,0% $ 11,499,787
12F'1r11ll1:1WRII:Io4J1oJON2Otlbla
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City of Ashland
Schedule of Expenditures By Fund
Preliminary .for the twelfth month ended Juno 30. 2010
Fiscal Year 2010 FlSc:a1 Year 2009
Year.To-Dale FIScal Year Percent Year.To-Dale
Requirements by Fund Actual. 2010 Amended Expended Balance Actuals
City Fund.
Ganem! Fund $ 13,876,065 '$ 15.020,130 924% $ 1,144,065 $ 14,021,090
Community Block Grant Fund 430.843 493.958 87,2% 63,115 36.212
RBSefVe Fund N/A
Slreet Fund 2,603,645 6.07\>,264 42,8% 3,472,619 2,701,224
Airport Fund 186.616 202,287 92,3% 15,671 383.816
CapitallmpnlVemenls Fund 1,085,695 2,280,546 .47,6% 1,194,851 1,799,091
Debt SeIvice Fund 2,191,182 2,390,535 91.7% 199,353 2.049,007 .
Wate1Fund 4,926,022 5,880,137 83,8% 954,115 4,880.864
Wastewater.Fund" 4,997,411 6,519,490 76,7% 1.522.079 4,703,423
Electric Fund 12,178,206 13,382,991 91.0% 1,204,765 12,043,881
T elecommunication$ Fund 1,787,420 2,208,062 80,9% 420,642 1,753,066
Central-Services Fund 5,572,610 5,969,498 93,4% 398,888 5,577,865
Insurance Services Fund 724,700 910.933 19.6% 188,233 1,158,445
Equipment Fund , 814.398 1,184.129 68,8% 369,731 1,753,647
CerneteJy Trust Fund 7,171 20,000 35.9% 12,829 14,198
Total City Components 51.381.983 62.538.980 . 82,2% 11.158.9n 5~658.428
Parks and Recreation Component
Parks and Recreation Fund 4,597,150 .4,883,395 94.1% 286,245 4,897,546
Youth ActMIies Levy fund 43,436 100,000 . 43,4% 56,564 208,373
Parks Capitallmprovemel1is Fund N/A 159.026
Talal Pms CQmPclneTIts 4,640,586 . 4.883.395 93.1% 342.8Ot 5.265.047
Talal-Requlremellls Iiy FUnd , 58.022.570: 67,522,357 83.0% 11.499.186 57,921,476
Endlng.Fund Balance 21,406,131 15,562.927 137,9% 5,903,204 19,269,857
Total Budget $ n.488.701 $ 83.085.284 93,3% $ 17.402.989 $ n.211.332
12"IWldIlRilp:lrtNl>>FYZC10~
0712&'2010
15
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CITY OF
ASHLAND
Council Communication
Ordinance & Resolution: Fees and Char~es for Municipal Court Administration
Meeting Date: August 3, 2010 Primary Staff Contact: Richard Appicello
Department: City Attorney's Office E-Mail: Appicelr@ashland.oLus
Secondary Dept.: City Attorney's ce Secondary Contact: Megan Thornton
Approval: Martha Benne Estimated Time: 30 minutes
Question:
Will the City Council approve First Reading of an ordinance titled, "An Ordinance Establishing Fees
and Charges for Municipal Court Administration" and move the ordinance on to Second Reading?
Will the City Council approve a resolution titled, "A Resolution establishing fees for the administration
of the Ashland Municipal Court" after the public hearing?
Staff Recommendation:
Staffrecommends Council approve the First Reading of this ordinance and set Second Reading for
August 3, 2010.
Staff also recommends that COl!ncil approve the resolution establishing fees. The Resolution has a
delayed effective date to correspond with the effective date of the Ordinance.
Background:
Staff previously provided extensive background on this proposed ordinance and fee resolution,
Council held a study session on this topic in June, 2009,
Concerns:
On July 9,2010, the Municipal Court Judge met with the City Administrator and City Attorney to
discuss the Judge's concerns, including concerns over limitation of the Judge's authority to waive fees
and charges in this Ordinance,
. The fees for City Attorney Diversion! Deferred Sentence and amendment are cost recovery for
the City Attorney's office,
. Similarly, the $75.00 fee for Civil Compromise Costs [#4] is also cost recovery for the City
Attorney's office.
In most cases civil compromise is work for the prosecution because the City Prosecutor is
required to contact the victim and take into account the victim's rights and wishes regarding the
case - including the possibility of compromise, The City Attorney must work with defense
counsel to negotiate satisfaction in the appropriate case, [City Charter authorizes the recovery
of the costs of prosecution].
Page 1 of7
~j.'
CITY OF
ASHLAND
. The fees for Bench Trial and Jury Trial are policy decisions for the City Council. (See Fees # 2
and # 26). The Judge and Administrator requested that Council consider not only not
establishing the fee (see example from St. Helens) but also establishing the fee but giving the
Judge more authority to waive the fee, This would necessitate a change to the Ordinance in
Section 4.35.030. The section currently reads in pertinent part:
4.35,030 Waiver or Reduction of Fees and Charqes bv the Municipal Court.
Notwithstandinq any other provision of law. the Ashland Municipal Court or Violations
Bureau may not defer. waive suspend or otherwise reduce the fees and charqes set
forth in the Resolution except as follows:
. . .
C. Specified Fees and charqes may be waived or reduced in whole or in part when
the Municipal Court makes a written findinq supported bv competent evidence in the
record (Le, a sworn Financial Statement) that:
1) the defendant is indiqent: and
2) the defendant cannot pay the obliqation on an installment basis: and
3) the Municipal Court has imposed no fine and the Court has imposed no
other state or county assessment on the charqe.
Attornev fees may onlv be imposed. waived or reduced in accordance with qeneral
state law. Attornev fees shall not be waived bv the Court for civil compromises and
City Attornev diversion/deferred sentences when repayment of such fees was aqreed to
as part of a neqotiated plea barqain or compromise.
The Council should consider adding the following revision to give the Court more authority to
waive the fees for Bench Trial and Jury Trial on a case by case basis:
Notwithstandinq the above. fees for Bench Trial and JUry Trial may be waived for any
reason articulated bv the Court. provided the basis for the waiver is in writinq and
contained in the record of the proceedinq,
. The Judge requested an additional fee be considered concerning continuances, This fee would
be incorporated into Fee #29 [Motion Not Requiring a Hearing], as an exception to the $0.00
fee by a note that a second or subsequent motion for continuance of a matter would have a fee.
The first continuance is free, The Judge proposed $25,00 for the fee because continuances
involve additional Court stafftime and generally complicate matters,
. The City Administrator questioned whether the $5.00 fee for Court-Appointed Counsel
Application fee was worth the trouble, The fee was proposed because the Court is obligated to
verify financial information submitted by a defendant in an attempt to qualify for Court-
appointed counsel and the fee is expressly authorized by statute, (See instructions), The Fee is
generally added to the cost of Court-Appointed Counsel and is waived when Court Appointed
Counsel fees are waived (i.e, it generally does not exist separate and apart from attorney fees),
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CITY OF
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. The installment fee is mandatory under the proposed ordinance, and Council could consider
ways to increase the Judge's discretion:
E. Installment Payment. If the Court or Violations Bureau. sets UP an
installment payment plan because the monetary obliQation of the defendant will
not be paid in full within 30 days. the Court shall impose the Installment Fee and
assess interest on the iudQment as set forth in the resolution. and said fees shall
be reflected on any iudQment or aQreement.
As with the other Code section above, the Council should consider adding the following
revision to give the Court more authority to waive the fees for Installment Payment on a case
by case basis:
NotwithstandinQ the above, the Installment Payment Fee may be waived for any
reason articulated bv the Court. provided the basis for the waiver is in writinQ
and contained in the record of the proceedinQ.
Council could also simply change the word "shall" to "may" to grand authority to the Judge.
. All parties wanted the Council to remember that many of the fe~s in the Resolution (discussed
more fully below) are imposed by the State and are simply compiled for convenience - some
as recently as the 2009 surcharge (See 5 questions below)
Below this line the Agenda item is unchanged from April 20, 2010.
This Agenda item [including ordinance, resolution and instruction document] is substantially
unchanged from what was presented in June 2009. However, because the Oregon Legislature adopted
several temporary surcharges which function as local assessments, some fees and charges are delayed
or adjusted to acknowledge the operation of the surcharge, The surcharges became effective October
2009 and remain iri place until June 30, 2011.
Effective October 1,2009, HB 2287 [sections 2,10,21,26, and 27J imposes fees [i,e, surchargesJ on
violation and misdemeanor convictions, bench probation and violations thereof, diversions, and
expunction, Unlike most state surcharges in the past, for Municipal Courts the surcharges collected
are delivered to the City general fund, not the State treasury, The surcharges expire July 1, 2011.
[See HB 2287 Attachment).
Surcharges imposed by state law are incorporated into the bail schedule (they will be reflected in the
amount written by the officer on the face of the ticket). The surcharges shall be imposed by the Court.
There is an exception only when no fine is imposed.
Summary of 2009 State of Oregon surcharges:
. $45 Violation [Section 2 (l)(c))
. $35 Misdemeanor [Section 2(1)(b))
. $100 Bench Probation [Section 21 (7)J
. $25 Violation of Bench Probation [Section 21 (.11))
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CITY OF
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. $100 Diversion petition (including DUll and Marijuana) [Section 26J
. $250 File an expunction application [Section 27J
Discussion:
. $45 Violation Surcharf!e [Section 2 (1)( c)/
. $35 Misdemeanor Surcharf!e [Section 2(1)(b)[
The previously proposed Ordinance and Resolution for fees and charges for Municipal Court
Administration would have imposed (and added to the bail schedule) a $40 local assessment fee for
misdemeanor crimes and $20 local assessment fee for violations. On the resolution the local
assessment consisted of two fees, numbered as fees 09 and 10:
09
10
Court Costs Crime
Court Security & Training Fee Crime
- $25.00
- $15.00
Violation- $15.00
Violation- $5,00
Local Assessment Totals
added to bail schedule
Crime
$40.00
Violation- $20.00
However, the State of Oregon imposed a higher fee (surcharge) for violations [$45 rather than $20J
and a lower fee for misdemeanors [$35 rather than $40).
Option: The Council could elect to change the local assessments in the draft Resolutionfrom the
figures above to be more consistent with the state surcharge currently in effect. This way, when (and
ij), the surcharge goes away the local assessment will be exactly the same. To dd this the Council
would simply pass a motion to revise fees 09 and 10 to be consistent with the surcharge, Then, line 09
and 10 on the resolution would read asfollows:
09
10
Court Costs n4 n5 Crime
Court Security & Training Fee n4 n5 Crime
- $25,00
$10.00
Violation - $35,00
Violation - $10.00
Optional Local Assessment Totals
Consistent with Surcharge
$35,00
$45.00
QUESTION 1. Shouldfees 09 and 10 be increased for violations and decreased for crimes to match
the surcharge currently in effect until June 30,2011 or should they remain as previously proposed?
Staff recommends the Council adopt fees 09 and 10 as previously proposed. NO change has been made
in the draft Resolution. [However Council has the option to make the fee consistent with current
surcharge and can direct staff to do so by motionJ Staff has added a note to the Resolution to delay
the effectiveness of these fees during the operation of the surcharge.
. $100 Bench Probation Surcharf!e [Section 21 (7)/
We did not have any fee proposedfor bench probation (State surcharge is $100.00).
A new fee would look as follows:
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37
Bench Probation Fee n4 n5
Crime
- $100.00
Violation - N/A
QUESTION 2. Should fee 37 Bench probation be added, to go into effect after the surcharge
expires?
On the Resolution this new fee is numbered 37. This fee has been added to the proposed resolution,
Staff recommends the City add a fee for bench probation. Staff has added a note to the Resolution to
delay the effectiveness of these fees during the operation of the surcharge.
. $25 Violation orBench Probation Surcharf!e {Section 21 (11)/
We do have the functional equivalent of the $25.00feefor probation violation. It is number 34 on the
Resolution Show Cause:
34
Show Cause Admission of Allegation n4n5
Crime
- $25,00
Violation -$10.00
QUESTION 3. Should fee 34 Show Cause - Probation Violation remain unchanged for crimes, to
go into effect after the surcharge expires?
Staff recommends leaving the Show Cause- Probation Violation fee (for crimes) of $25.00 the same.
Staff has added a note to the resolution to delay the effectiveness of this fee during the operation of the
surcharge.
. $100 Diversion Detition surcharf!e (includinf! DUII and Mariiuana) {Section 261
The $100 surcharge for diversion is added to the state fees already established for DUll and
Marijuana diversion - we had not proposed any additional fees for these state diversion programs.
QUESTION 4. Should a $100 fee be added to DUII and Marijuana diversion programs?
Staff recommends not adding any additional fee or charge in response to the surcharge. Drug and
alcohol treatment is the priority in such matters and additional fees are just an impediment to
treatment. The City has a fund for donations to loan to persons ordered to do drug and alcohol
treatment as a condition of probation. A new fee would be counter-productive.
. $250 File an exDunction aDDlication surcharf!e {Section 271
We had only proposed a loealfee of$25 for expunction and the State set the charge at $250,00
Expunction does involve considerable staff time and the fee increase is justified.
19
Expunction
Crime
- $25.00
Violation ~N/A
QUESTION 5. Should the fee for Expunction (sealing a record or arrest or conviction) be
increased to be consistent with the state surcharge?
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CITY OF
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Staff recommends setting the expunction fee consistent with the surcharge at $250.00. This fee has
been revised on the proposed resolution, Staff has added a note to the resolution to delay the
effectiveness of this fee during the operation of the surcharge.
Material below the double line is essentially unchangedfrom June, 2009 except for italics.
The Ashland Municipal Court currently imposes several types of fees and charges for Court actions
and services, [See 5-28 2008 email from Vicki Christensen]. In addition, court appointed counsel fees
are currently set by the Court at $250.00 per case up to five hours, then $50,00 per hour; $400,00 for a
bench tria! and $600,00 for ajury trial. Finally, during last year's [i.e. 2008J Ashland Budget
Committee meeting, the Municipal Court Judge indicated a need to establish a local court fee to set up
a payment plan (commonly known as an Installment Fee),
In general, absent state law, (i.e. statute imposing a specific fee or granting specific authority to impose
a fee), all Court fees, like all municipal court operations, are subject to City ordinances. [Ashland City
Charter; Article 15, Section I & Section 5]. The City Council may establish by Ordinance or
Resolution such fees and charges as the Council deems appropriate, However, ORS 294.160(1)
requires the City provide for an opportunity for interested persons to comment on the enactment of any
ordinance or resolution prescribing a new fee or increasing a fee. The attached ordinance and
resolution comprehensively address all local fees and charges for Administration of the Ashland
Municipal Court, [Please review the Classification of Offenses Council Communication and power-
point presentation for explanation of how local assessment (fees) fit in with other required state and
county assessments.]
The proposed Ordinance, together with the Implementing Resolution, set forth the actions or events
triggering the imposition of a local fee or charge, "Notes" in the Resolution reference the allowance in
the Ordinance for waiver or reduction of fees within the discretion of the Court, A separate document
entitled "Instructions" explains the application of the fees and charges, A comparison matrix was
prepared by Assistant City Attorney Megan Thornton to show examples of fees and charges by other
Courts. Additional ordinance provisions concerning classification of offenses and minimum fines
[that were included in a 2008 draft of this ordinance] are presented in a separate companion ordinance
amending AMC Chapter 1,08,
While the Judge did not request this ordinance and resolution, the Installment Fee is included in the
proposed Resolution, [See No, (24)], Several of the existing Court fees [see 5-28-08 email] are
incorporated into the Resolution to allow for public input on the fees and to clarify their application,
Some fees are simply discontinued. Several new fees are added, The Resolution also compiles in one
place other commonly used fees and charges which are required or specified in state law, [See for
example: (5 - Collection Fee), (\4- Marijuana Diversion Fee),(16- Drivers License Suspension
. Fee),(18 - Driving Record Fee),(25-Interest on Criminal Judgments),(33-Per Diem Jail
Reimbursement), and (35-Subpoena Fee),]
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As noted, some of the fees listed (e.g. those just above) reflect state law and are merely compiled for
convenience. As regards other fees, the City Council should carefully review the proposed Resolution,
examine the applicable Notes and Instructions and then consider and discuss whether the specified fees
and charges are desirable from a policy perspective. .Reading the Notes and Instructions (and
referenced Ordinance provisions) is absolutely necessary to inform the discussion,
For example Fee 26 is a $100 fee for a Jury Trial. This fee, per Note I is not imposed if the defendant
is found not guilty of the charged offense or a lesser included offense, The fee is imposed when the
defendant is found guilty, Note 4 grants to the Court the discretion to waive or reduce the fee based on
AMC 4.35,030C - which Ordinance provision calls for a written finding based on evidence, that the
defendant is indigent, cannot pay on an installment basis, and further that no fine or state or county
assessments have been imposed, [These are standards for waiver or reduction of state assessments].
The Instructions clarify that the Council could in fact require a deposit for ajury trial up to $60,00
pursuant to ORS 221.354(3); however no deposit is being required here, the fee is imposed only if the
defendant is found guilty or settles the case within 18 hours of the trial date. (This is because jurors
are compensated at $10.00 each even if the matter settles the day of trial), The Council can consider
the policy decision to not require a deposit - staff made this choice, Council can override it. Council
can also consider whether the allowance for waiver or reduction is appropriate in the circumstances
described, staff made the choice that waiver or reduction is appropriate, Council can override it.
Finally, despite the policy choices made by staff, Council could decide that as a policy matter, that the
exercise ofthe right to jury trial is more important than any cost recovery, [even if expressly
authorized by statute], and that no fee should be charged so as not to cloud the right with the threat ofa
fee, Some jurisdictions (e,g, St. Helens - see matrix) have made this policy choice,
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
(I) Move to approve First Reading of the ordinance and set Second Reading for August 17,2010
(2) Move to postpone First Reading to a certain date,
(3) Move to reject or modify the proposed ordinance
(I) Move to approve the resolution
(2) Move to postpone approval of the resolution
(3) Move to reject or modify the proposed resolution
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set second readingfor August 17,
2010,
Attachments:
Proposed Ordinance
Proposed Resolution
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ORDINANCE NO.
AN ORDINANCE ESTABLISHING FEES AND CHARGES
FOR MUNICIPAL COURT ADMINISTRATION
Annotated to show deletioH5 and additions to the code sections being modified, Deletions are
bold" -'.L and additions are bold underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted, All the authority thereof shall
have perpetual succession,
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities, City of
Beaverton v, International Ass'n of Firefighters, Local 1660, Beaverton Shop, 20 Or. App, 293,
531 P 2d 730, 734 (1975); and
WHEREAS, Article 9, Section I of the City Charter also expressly provides for the recovery of
the "costs of prosecution"; and
WHEREAS, Article 15, Section I of the Charter for the City of Ashland authorizes the City
Council to adopt ordinances governing the operations and conduct of the Municipal Court; and
WHEREAS, the City of Ashland Municipal Court incurs administrative costs in processing
various criminal actions as defined in ORS 131.005, including both violations and misdemeanor
offenses; and
WHEREAS, those who commit criminal actions, including violations and misdemeanor
offenses should pay at least a portion of administrative costs incurred.
WHEREAS, in accordance with ORS 294,160(1), on July 20,2010 at a regular meeting and
August 3, 2010 at a public hearing, the City Council ofthe City of Ashland provided an
opportunity for public comment on this proposed ordinance and on the proposed resolution for
Municipal Court Administration Fees; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION I: Recitals. The above recitals are true and correct and are incorporated herein by this
reference,
SECTION 2: Short Title: This ordinance shall be known as the "Municipal Court
Administration Fees and Charges",
Municipal Court Administration Ordinance
Page 1 0[6
SECTION 3. New Section: The following new Section 4.35, together with subsections thereof,
is hereby added to the Ashland Municipal Code:
4.35 Municipal Court Administration Fees and Charl!es
4.35.005 Establishment of Fees for Administration of Municipal Court.
The Ashland City Council is hereby authorized to establish bv resolution of the Council,
after compliance with ORS 294.160(1), fees and charl!es to be imposed in criminal actions
concerninl! administration ofthe Ashland Municipal Court. Consistent with ORS 131.005,
"criminal action" for purposes of this ordinance includes any non-criminal violation as well
as any criminal misdemeanor offense within the jurisdiction of the Court. The
implementinl! resolution includes specific types of fees and charl!es, dollar amounts, notes
and instructions that may be modified bv future resolutions of the City Council without
amendinl! this chapter.
4.35.010 Imposition of Fees and Charl!es bv the Municipal Court.
The Ashland Municipal Court and Violations Bureau shall impose in every criminal action,
the applicable Municipal Court administration feels) or charl!e(s) as described in this
chapter and set forth in the resolution, unless a waiver or reduction is l!ranted in
accordance with AMC 4.35.030 or l!enerallaw. Unless properlv waived, the amount.of
applicable fees and charl!es specified in the resolution shall be included as part of any
judl!ment for all those who admit or are otherwise determined to have committed a
criminal action.
4.35.020 Imposition of Specific Fees and Charl!es.
A. Uncontested non-criminal violationsl mail. The fees for Court Costs and Court
Security & Traininl! shall be incorporated into a bail schedule published bv the City
Administrator or desil!nee in accordance with City Code. The incorporation of such City
fees and charl!es into the bail schedule shall result in correspondinl!lv hil!her base fine
amounts noted on violation citations issued bv the City Police and Code Compliance
Officers. The fees for Court Costs and Court Security & Traininl! shall be included in the
base fine amount bv the Court and Violations Bureau on every iudl!ment arisinl! from a
citation that is uncontested and delivered to the Court bv U.S. mail.
B. Guilty Pleas, Trials, & Default Judl!ments. If the Court or Violations Bureau in a
criminal action, finds a defendant l!uilty after a trial, accepts a l!uilty plea, accepts a no
contest plea, or orders a default judl!ment (in the case of a violation. or reduced criminal
charge), the Court shall impose the fees for Court Costs and Court Security & Traininl!,
and in appropriate cases the fees for Trial or Default Judl!ments, as set forth in the
resolution, and said fees shall be reflected on any iudl!ment.
C. Diversions, Deferred Sentences, Compromises and Mediations. If the Court or
Municipal Court Administration Fees and Charges
Page 2 of6
Violations Bureau, approves a City Attorney diversion/ deferred sentence. a Court
diversion for a violation, a civil compromise. a Court mediation or City Attorney
mediation, the Court shall impose the correspondinl!: feels) and charl!:e(s) as set forth in the
resolution, and said fees shall be reflected on any such al!:reement.
D. Show Cause-Probation Violation, Diversion and Other Violations. If the Court or
Violations Bureau, finds a defendant in violation of the terms of a Court probation, a Court
diversion, a City Attorney diversion / deferred sentence. an approved civil compromise. a
Court mediation or City Attorney mediation, either by admission, plea or followinl!: a
hearinl!:, the Court shall impose the correspondinl!: feels) and charl!:e(s) as set forth in the
resolution, and said fees shall be reflected on any judl!:ment or al!:reement.
E. Installment Payment. If the Court or Violations Bureau, sets UP an installment
payment plan because the monetary oblil!:ation of the defendant will not be paid in full
within 30 days, the Court shall impose the Installment Fee and assess interest on the
iudl!:ment as set forth in the resolution, and said fees shall be reflected on any judl!:ment or
al!:reement.
F. Fees and Charl!:es - Reduction. The Court shall impose all applicable feels) and
charl!:e(s) as set forth in the resolution, unless a waiver or reduction is l!:ranted in
accordance with the criteria of AMC 4.35.030, and said fees shall be reflected on any
judl!:ment or al!:reement. .
4.35.030 Waiver or Reduction of Fees and Charl!:es by the Municipal Court.
Notwithstandinl!: any other provision of law, the Ashland Municipal Court or Violations
Bureau may not defer, waive suspend or otherwise reduce the fees and charl!:es set forth in
the Resolution except as follows:
A. No fees or charl!:es shall be imposed when the Municipal Court or jUry, after trial.
determines that the person issued the citation or complaint did not commit the offense
charl!:ed. or any lesser included offense; or
B. No fees or charl!:es shall be imposed when the charl!:e is dismissed by motion of the
City Attorney, for whatever reason, includinl!: a plea barl!:ain. For purposes of this section,
fees and charl!:es shall not include restitution to the victim for an offense dismissed bv plea
barl!:ain. 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 charl!:es under this section. '
C. Specified Fees and charl!:es may be waived or reduced in whole or in part when the
Municipal Court makes a written findinl!: supported by competent evidence in the record
(i.e. a sworn Financial Statement) that:
1) the defendant is indil!:ent; and
2) the defendant cannot pay the oblil!:ation on an installment basis; and
Municipal Court Administration Pees and Charges
Page 3 0[6
3) the Municipal Court has imposed no fine and the Court has imposed no
other state or county assessment on the charl!e.
The specified fees and charl!es subiect to this type of waiver or reduction are the followinl!:
Bench Trial, Discovery and Jury Trial. Attorney fees may only be imposed, waived or
reduced in accordance with l!eneral state law. Attorney fees shall not be waived by the
Court for civil compromises and City Attorney diversion/deferred sentences when
repayment of such fees was al!reed to as part of a nel!otiated plea barl!ain or compromise.
D. After imposition of all applicable fees and charl!es for one criminal action, the
Ashland Municipal Court may waive or reduce specified fees and charl!es prescribed for
other criminal actions disposed of on the same day. This authorized local waiver or
reduction does not automatically waive or reduce state and county assessments. The
subsequent actions where fees are waived or reduced shall be of equal or lesser severity to
the initial oril!inal criminal action (in terms of classification) where all fees and charl!es are
assessed. The specified fees and charl!es subiect to this type of waiver or reduction are the
followinl!: Court Costs, Court Security & Traininl!, Installment Fee, Motion reQuirinl! a
hearinl!, and Show Cause.
E. The Ashland Municipal Court shall waive fees and charl!es prescribed for Failure to
Appear at Bench Trial, or Show Cause Hearinl! and, Failure to Appear at JUry Trial,
inclusive of fees and charl!es associated with any default taken under ORS 153.102, if the
Court makes a written findinl! based on competent evidence in the record that the failure
to appear was due to circumstances beyond the control of the defendant and otherwise
throul!h no fault of the defendant.
F. The Municipal Court may waive interest on Judl!ments in accordance with state
statute
4.35.035 Deductions from Posted Bail or Security/ Return
A. Application. In the event posted bail or financial security is forfeited for any reason,
includinl! but not limited to, violation of a security release al!reement, or applied to
discharl!e monetary oblil!ations imposed in a iudl!ment, the applicable fees and charl!es
prescribed in the resolution shall be deducted from posted bail or financial security, unless
properly waived or reduced pursuant to AMC 4.35.030.
B. Return charl!es. If all monetary and other oblil!ations are discharl!ed and posted
financial security is returned, the Court shall retain administrative charl!es, of fifteen
(15%) percent of the security, and not less than five dollars ($5.00), exclusive of interest per
ORS 135.265.
4.35.040 Additional Monetary Oblil!ations
All City fees and charl!es specified in this ordinance and implementinl! resolution shall be
monetary oblil!ations in addition to, and not in lieu of, any other State or County
Municipal Court Administration Fees and Charges
Page 4 0[6
assessments. Such local fees and charl!es. tOl!ether with State and County assessments shall
be added tli. and shall not be deducted from. minimum fines specified by state statute or
local ordinance.
4.35.050 No Limitation.
Nothinl! in this chapter is intended to detract from the inherent power of the Court
pursuant to l!enerallaw to impose additional fees and charl!es established in state law or
City ordinance in addition to the fees and charl!es specified herein.
4.35.060 No Taxation.
The City Council determines that the Municipal Court Administration Fees and Charl!es
authorized by this chapter and imposed by resolution of the City Council are not taxes
subiect to the property tax limitations of the Orel!on Constitution.
4.35.070 Not applicable to Parkinl!.
The fees and charl!es authorized by this chapter and the resolution do not apply to citations
for violation of parkinl! limitations established by city ordinance. resolution or order.
-
SECTION 4, Suspension of certain fees and charl!es durinl! surcharl!e period.
While Orel!on Laws Chapter 659. Sections 2, 9. 21. 26 and 27. Isurcharl!esl is effective.
(presently to July 1. 2011). specified fees and charl!es in the implementinl! resolution for
this ordinance shall be suspended. includinl! specifically but not limited to Court Costs.
Court Security and Traininl!. Bench Probation Fee. Show Cause (Probation Violation).
Expunction and DUll and Mariiuana Diversion.
SECTION 5. Severability,
If any section, provision, clause, sentence, or paragraph of this Ordinance or the application
thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the
other sections, provisions, clauses or paragraphs of this Ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this Ordinance are
declared to be severable,
SECTION 6. Codification.
Provisions of this Ordinance shall be incorporated in the Ashland Municipal Code and the word
"ordinance" may be changed to "code", "article", "section", "chapter' or another word, and the
sections of this Ordinance may be renumbered, or re-Iettered, and typographical errors and cross
references may be corrected by the City Recorder, provided however that Section I, and Sections
5 and 6, unincorporated Whereas clauses and boilerplate provisions and Exhibits (i.e. attached
Resolution, etc.) need not be codified.
Municipal Court Administration Fees and Charges
Page 5 0[6
r
The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C)
of the City Charter on the day of , 2010,and duly PASSED and
ADOPTED this day of ,2010,
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Municipal Court Administralion Fees and Charges
Page 6 0[6
RESOLUTION NO. 2010 -
A RESOLUTION ESTABLISHING FEES FOR THE ADMINISTRATION
OF THE ASHLAND MUNICIPAL COURT
Recitals:
A. Section 4.35 of the Ashland Municipal Code specifically authorizes the City Council to
establish fees and charges for Administration of Municipal Court; by Resolution of the
City Council; and
B, On August 3, 2010, the Ashland City Council provided an opportunity for public
comment on the proposed fees and charges contained herein in accordance with ORS
294,160(1); and
C, The Council finds and determines that the imposition of administrative fees and charges
is appropriate to support the efficient and cost effective operation of the Ashland
Municipal Court; and
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION I, Pursuant to AMC 4.35, Municipal Court Administration Fees and Charges, the
following fees and charges set forth in Table L and describedin the incorporated Notes and
Instructions below are hereby approved and established and shall have the full force and effect of
law:
TABLE 1
CITY OF ASHLAND MUNICIPAL COURT ADMINISTRATION FEES
~C1gg'!\b"ll.$m~111~~..I11~lir
o I A eal Transcri t Fee
02 Bench Trial nl n4
03 City Attorney Diversion/Deferred Sentencin n2
04 Civil Compromise Costs n2
05 Collection Fee [25% - maximum of$250]
06 Com liance Ins ection Fee
07 Court Appointed Counsel Application Fee n3
08 Court Appointed Counsel Fees and Charges n3
09 Court Costs n4 n5 n19
10 Court Security & Training Fee n4 n5 n.19
II Default Judgment n6
12 Discovery n4 n7
13
Diversion by Municipal Court: Class A -D, Unclassified
and Specific Fine Violations n8
14 Diversion by Court: Possession Less Ounce Marijuana n19
Page 1 of 4
..~. ..~~11~~
$35,00 $10,00
$60,00 $30,00
$60.00 $40,00
$75.00 N/A
25% 25%
N/A $25,00
$5,00 N/A
as billed N/ A
$25,00 $15,00
$15,00 $5,00
N/A $15.00
$12,00 $12,00
$25.00 plus
Base
N/A Fine/class
N/A $333.00
15 Domestic Partnership Registration $25,00 N/A N/A
16 Drivers License Suspension nlO $15,00 $15,00
17 Drivers License Reinstatement after suspension nll $50,00 $50.00
18 Driving Record -Traffic Offenses (certified) n12 $11.50 $11.50
19 Expunction nl9 , $250,00 $0,00
20 Extend! Amend City Attorney DiversionlDeferred Sentence $45,00 $45.00
21 Failure to Appear for Bench Trial/Show Cause hearing n13 $90,00 $70,00
22 Failure to Appear for Jury Trial n13 $150,00 N/A
23 Forfeiture of Security $25,00 $25,00
24 Installment Fee nS $25,00 $25.00
25 Interest on Judgments in Criminal Actions nl4 9% 9%
26 Jury Trial nl n4 $100,00 N/A
27 Mediation of criminal action -motion of prosecutor nlS $0,00 N/A
28 Mediation of violation (Municipal Court Mediation) N/A $65,00
29 Motion Not Requiring a Hearing $0,00 $0,00
30 Motion Requiring a Hearing nS nl6 $20.00 $20.00
31 Non Sufficient Funds Check nl7 $25.00 $25,00
32 Public Records Request Resolution Resolution
33 Reimbursement [Per Diem Jail] Cost $60,00 N/A
34 Show Cause Admission of Allegation n4 nS nl9 $25,00 $10,00
35 Subpoena Fee nl8 10.00 10,00
36 Warrant Issued $50.00 $50,00
37 Bench Probation Fee nl9 $100,00 N/A
38 Withholding on County Assessment 10% at monthly distribution
nl Trial Fee is not charged if Defendant is found not guilty of the offense charged and all lesser
included offenses pursuant to AMC 4.35.030.A.
n2 Includes conditional discharges under ORS 137.533 and diversion/deferred sentences under
ORS 135,881.. Court-appointed counsel fees and charges may not be waived if part of plea
bargain or stipulated to as part of a compromise, AMC 4.35,030.C. Plea bargained diversions,
deferred sentences, and compromises may include negotiated waiver of fee,
n3 When a defendant is ordered to repay court appointed counsel fees the amount is as billed by
court appointed counsel. Notwithstanding any other designation of rates, the rate for court
appointed counsel appointed after the effective date of this resolution shall be fifty dollars
($50,00) per hour with a cap of $300.00 when there is no trial. The cap is increased to four
hundred dollars ($400,00) when there is a bench trial and six hundred dollars ($600,00) when
there is a jury trial. The rate is per defendant, including all associated cases; however each case
that requires a bench trial or jury trial is subject to an additional one hundred dollars ($100,00) or
three hundred dollars ($300,00) per case, over the $300 no-trial cap, respectively, Court
appointed counsel fees and costs may only be imposed, reduced or waived by the Court when
supported by the record, in accordance with applicable state law.
n4 Fees and charges marked with this note may be reduced or waived by the Judge in
appropriate cases in accordance with AMC 4.35,030.C,
nS Fees marked with this note may be waived or reduced by the Court for additional
cases/counts resolved on the same day as the original offense when subsequent offenses are
equal to or lesser than the original offense, AMC 4:35,030.D. .
Page 2 of4
',.
n6 Includes misdemeanor crimes reduced to violations by City Attorney [ORS 161.566] or
Court reductions, with consent of the prosecutor, when the defendant fails to appear [ORS
161,568]. ,Misdemeanor assessments, including city misdemeanor assessments, still apply,
n7 When Discovery exceeds 20 pages, discovery fee is increased to $15,00, additional charges
for tapes, DVDs, photos, apply per Resolution 2007-44,
n8 Base Fines are established by the formula or by adopted bail schedule, The specified
diversion fee is added to the base fine, State law prohibits the Court from deferring, waiving,
suspending or otherwise reducing the fine for a violation below 75% ofthe base fine amount for
Class A, B, C, D violations and unclassified violations, (i,e, no more than a 25% reduction),
ORS I 53,093(\)(a), Specific fine violations may be reduced to 20% of the base fine, (80%
reduction),ORS 153,093(\)(b), Reductions below a specified minimum fine are not authorized,
ORS 153.093(2)(b), Assessments and fees are "in addition to" fines, including minimum fines,
not "in lieu of' or deducted from them. ORS 137,290(\), ORS 137.309(2). AMC 4.35.040.
n9 Judge may waive all or part of the marijuana diversion filing fee in appropriate cases in
accordance with ORS 135,909(2).
nl0 Pursuant to ORS 809.267 the Court adds $15.00 to the Judgment when license is
suspended.
nIl This reinstatement fee is in addition to full satisfaction of existing monetary obligation.
n12 The cost for a certified copy of the driving record, suspension order, and mailing list and
certification receipt for one person is $11,50. A certified copy of the record only is $3,00.
n13 Waived if the Court finds, based on competent evidence, that the failure to appear was
caused by circumstances beyond the defendant's control and through no fault of the defendant.
AMC 4,35,030, E.
n14 May waived by the Judge in appropriate cases in accordance with AMC 4.35,030,F,
n15 Mediation of crime may be part of City Attorney diversion, deferred sentence or plea
bargain, and may include cost of mediation and attorney fees.
n16 This fee is waived if defendant prevails on the motion before the Court,
n17 Add any bank charges assessed to the City,
n18 Add statutory mileage
n 19 These fees are not imposed during the operative period of the offense surcharges
established by Oregon Laws Chapter 659, Sections: 2, 9, 21, 26 and 27, (These are currently set
to expire on June 30, 2011), [Marijuana diversion surcharge is $100],
SECTION 2, All other fees and charges inconsistent with the fees and charges set forth herein
are repealed, Nothing in this Resolution is intended to detract from the inherent power of the
Court pursuant to general law to impose fees and charges established in state law or City
ordinance in addition to the fees and charges specified herein,
SECTION 3, ,This Resolution was duly PASSED and ADOPTED this
, 20 I 0, and after signing by the Mayor takes effect on
day of
2010,
Barbara Christensen, City Recorder
Page 3 of 4
SIGNED and APPROVED this _ day of
.
,2010,
Reviewed as to form:
John Stromberg, Mayor
Richard Appicello, City Attorney
Page 4 of 4
InstructIons for ApplicatIon of MUnICIpal Court Fees and Charges
01. Appeal Transcript Fee. In the event an appeal is filed, the Municipal Court Clerks
must prepare what is known as a transcript on appeal for transmittal to Circuit Court
(This is a compilation of certified documents filed in the case - not a verbatim
transcript). This fee is established to recover the cost of this certified copy and
transmittal service. The Ashland Municipal Court is not currently a Court of Record.
[Se~ ORS 221.342.] Accordingly, appeals to Circuit Court are de novo, that is, the matter
is tried anew, as if nothing had happened below. [See e.g. ORS 138.057(I)(a)(f); ORS
221.359; ORS 157.010, ORS 53.090].
02. Bench Trial. No deposit is required for a bench trial which is a trial before the
Court without a jury. No fee is charged a defendant who is found not-guilty following
a bench trial on a violation or a misdemeanor. If the defendant is found guilty after
trial, the City Charter [Article 9, Section 1] specifically authorizes recovery of the cost
of the prosecution. This fee is established to recover the cost of the time spent by the
Judge, court staff, and city staff. Fees for less complicated violation trials are less than
misdemeanor bench trials. Allowance is provided for reduction or waiver of the fee in
AMC 4.35.030 C.
03. City Attorney Oiversion/Deferred Sentencing Agreement tORS 135.881]. - ORS
135.881 expressly permits a City Attorney to divert or defer certain criminal offenses
such that there is no adjudication in the criminal justice system - no judgment and no
sentencing order. A defendant enters a plea which is held while the defendant
performs community service or some form of treatment. Successful completion of the
diversion/deferred sentence results in dismissal of the charge. Failure to comply results
in revocation and formal sentencing by the Court. This fee is established to recover the
cost of establishing and monitoring diversion/deferred sentence agreements through
the City Attorney's office and Court. For purposes of fees and charges, a conditional
discharge on motion of the city attorney under ORS 137.533 is assessed the same fees
and charges as diversion/deferred sentence.
04. Civil Compromise Costs [ORS 135.703(1) & (2)]. Certain criminal offenses may be
civilly compromised. The civil compromise statute [ORS 135.705] requires
acknowledgement of satisfaction by the victim, in writing, and payment of all costs
and expenses incurred, [including court appointed attorney fees] as a prerequisite to
exercise of the Court's discretion to dismiss the charge. This fee is established to
recover the administrative costs associated with civil compromise, including
assurances that the victim has been satisfied and not coerced.
\
05. Collection Fee [25%with a maximum of $250: ORS 137.118].
Oregon statutes allow a Municipal Court to add a collection fee to a money judgment
in a criminal action. The fee is dictated by state statute and may not exceed 25% of the
Page 1~
-07-20-2010- Instructions FINAL.doc
monetary obligation and shall not in any case exceed $250.00. The fee shall be waived
if the defendant pays as agreed - i.e. the defendant pays in accordance with payment
schedule arranged by the Court. If the Court show causes the defendant for failure to
pay [e.g. ORS 161.685] for a violation or a crime, and the defendant has not paid as
agreed, then the fee is not waived - because the defendant did not "pay as agreed.".
Additional charges may also be imposed when cases are assigned to a collection
agency.
06. Compliance Inspection Fee. This fee is imposed on violations when an inspection
by police, code compliance or court staff is required to dismiss the ticket. This is the
final step in a "fix it" ticket. The Court. police or staff physically inspects to make sure
the problem is corrected.
07. Court Appointed Counsel Application Fee. As with County Courts, this fee is
imposed to recover the cost of verification of information submitted on the Financial
Statement as part of applications for court-appointed counsel. In criminal cases,
qualification for court-appointed counsel is governed by ORS 135.050(1) and requires a
written and verified financial statement. If the Court, in accordance with general law,
imposes the obligation to repay attorney fees and costs, this fee is part of the costs. If
the Court waives or reduces repayment of attorney fees, this fee is also waived.
08. Court-Appointed Attorney Fees and Charges. State law prohibits paying court
appointed counsel less than thirty dollars ($30.00) per hour .ORS 135.055. The rate for
court appointed counsel appointed after the effective date of the fee resolution shall be
fifty dollars ($50.00) per hour with a cap of $300.00 when there is no trial. The cap is
increased to four hundred dollars ($400.00) when there is a bench trial and six hundred
dollars ($600.00) when there is a jury trial. The rate is per defendant, including all
associated cases; however each case that requires a bench trial or jury trial is subject to
an additional one hundred dollar s($100.00) or three hundred dollars ($300.00) per
case, over the $300 no-trial cap, respectively. Court appointed counsel fees and costs
may only be imposed, reduced or waived by the Court when supported by findings
and evidence in the record, in accordance with requirements of state law.
09. Court Costs. This is the standard Court fee imposed for administrative costs '
associated with resolution of any misdemeanors or violation. The fee is charged when
the Court finds a defendant guilty after a trial, accepts a guilty plea, accepts a "no
contest" plea, or takes a default based upon an alleged violation of a state law or city
ordinance. There are different fees for violations and crimes. There is an allowance for
the Judge to waive court costs for additional caseslcounts resolved on the same day as
the first case, provided the first case is fully charged and is as serious as subsequent
cases. AMC 4.35.030.0. This fee is incorporated into the bail schedule and is therefore
paid in all cases where the ticket is uncontested. See note 19 in Resolution regarding
suspension of this fee while state surcharge is in effect.
Page 2.
-07-20-2010- Instructions FINAL.doc
10. Court Security & Training Fee. The fee is charged when the Court finds a
defendant guilty after a trial. accepts a guilty plea, accepts a "no contest" plea, or takes
a default based upon an alleged violation of a state law or city ordinance. This fee is
incorporated into the bail schedule and is charged in every criminal action. This fee is
imposed for training or court and enforcement staff and for court room security
associated with resolution of any misdemeanor or violation offense. The fee may be
waived for additional cases/counts resolved on the same day per AMC 4.35.030.0. See
note 19 in Resolution regarding suspension of this fee while state surcharge is in effect.
11. Default Judgment. The Court may take a default judgment on a non-criminal
violation if the defendant fails to appear at first appearance [ORS 153.102(1)]. The
default fee applies also when the City Attorney reduces a crime to a violation and
when the Court, with the consent of the City Attorney, reduces a charge to a violation
upon a failure to appear. [See. ORS 161.566 & ORS 161.568] However, State, County
and City misdemeanor assessments remain applicable. The Court shall take a default
judgment when the defendant fails to appear for trial or subsequent to first appearance
in a violation proceeding. [ORS 153.102(2)]. Defendants may request relief from a
default judgment by filing a motion, filed with the Court and served on the City
pursuant to ORS 153.105
12. Discovery. Discovery fee is charged for police records associated with an ongoing
criminal case whether or not the defendant is represented by legal counsel. The fee is
$12.00. Pursuant to Oregon law to protect victims of crimes, certain victim and witness
information must be redacted (withheld)[ORS 135.815]. Other requests for public
records are addressed pursuant to Resolution 2007-44 and subsequent Resolutions
13. Diversion of non-criminal Violation by Municipal Court.
The Judge may divert non-criminal violations, unless prohibited by statute or
ordinance. However, the Court's authority to reduce fines for violations is strictly
limited by statute. Whether the violation is a Class A. B, C, D, or unclassified violation
the Court, "notwithstanding any other provision of law, may not defer, waive,
suspend or otherwise reduce the fine for a violation to an amount that is less than 75%
of the base fine amount." [ORS 153.093(1)] Reductions of specific fine violations are
also limited. Accordingly, even if the Court attempts to keep a violation off a
defendant's record by diverting it, the reduction in the fine is limited by state statute.
Base Fines are calculated using the formula in state law and City Ordinance and the
fines differ based upon the classification of the offense. Essentially the base fine is one
half the maximum fine with all assessments, including state, county and city
assessments. The violation diversion fees set forth on the table below represent the
base fine (including City Court Cost and Court Security fee), plusa uniform $25.00
diversion fee:
Page 3-
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State Base Class o'f Offense Diverted City Base with Div Fee Minimum
$427 Court Diversion: Class A Violation $447.00 $472.00 $354.00
$242 Court Diversion: Class B Violation $262.00 $287.00 $215.25
$24:! Court Diversion: Unci ass - Violation $262.00 $287.00 $215.25
$145 Court Diversion: Class C Violation $165.00 $190.00 $142.50
$97 Court Diversion: Class D Violation $117.00 $142.00 $106.50
varies Court Diversion: Specific Fine Base BF+ $25.00 x.75
[Applicable violation surcharges are not reflected in the table above and suspended city
assessments 09 and 10 will need to be removed from City Base and replaced with the surcharge
- This table will need to be changed However Council direction is sought on QUESTION 1 [
7-20-10 Council Communication] before the change is made]
The Municipal Court has no legal authority to divert misdemeanor offenses. tORS
135.881 grants diversion authority to City Attorney]. [Municipal Court may not
approve a conditional discharge of a misdemeanor crime without approval of the City
Attorney under ORS 137.533.] [ORS 135.755 limits the Court's authority to dismiss a
criminal case. See State v. Stough. 148 Ore. App. 353 (1997)(Court's dismissal authority
under ORS 137.755 reserved for "severe" situations)].
14. Diversion - Marijuana Less than an Ounce. The Oregon Legislature has
established a specific procedure for marijuana possession less than an ounce, diversion
in ORS 135.907 ORS 135.921. The specified fee is the required fee a defendant must
pay to file a petition for a marijuana diversion pursuant to ORS 135.921. An additional
evaluation fee of $90.00 must be paid to the agency providing the required diagnostic
assessment. The filing fee may be paid on an installment basis and the judge may
waive all or part of the filing fee in cases of an indigent defendant. tORS 135.909]
Without this statutory marijuana diversion process, the minimum fine and
assessments under state statute for possession of less than an ounce of marijuana
would be $603.00 ($500 min fine, $37 state unitary assessment and $66 county
assessment). City assessments would add $20.00. [State surcharges (e.g. $100.00) are
not reflected in this fee.].
15. Domestic Partnership Registration. The City of Ashland has a register for
domestic partners that pre-dates the Oregon State Statute providing for County
Registration.
16. Drivers License Suspension. This $15.00 fee is specifically identified in ORS
809.267 to be imposed whenever the Court suspends or restricts the driving privileges
of a defendant for failure to comply with a court order or any conditions imposed by
the court or failure to pay a fine or for failure to appear as required by ORS 153.061.
17. Drivers License Reinstatement after Suspension. This is the fee paid for
Reinstatement of Driving Privileges (including producing a compliance letter)
following complete satisfaction of the monetary obligations of the defendant or other
conditions which caused the suspension.
Page 4-
-07-20-2010- Instructions FINAL.doc
18. Driving Record Traffic Offenses (certified) tORS 153.624]. State law mandates
that "in addition to any other costs charged a person convicted of a traffic offense. a
court shall charge as costs and collect from any person convicted of a traffic offense
any costs incurred in obtaining any driving records relating to the person." The cost
ofa certified record and accompanying documents from the DMV is now $11.50; $3.00
for a certified copy alone.
.
19. Expunction. This fee is to reimburse staff for administration of the process to seal
the records of a Municipal Court conviction or an arrest per ORS 137.225. See note 19
in Resolution regarding suspension of this fee while state surcharge is in effect.
20. Extend/Amend City Attorney Diversion/Deferred Sentence. On occasion a City
Attorney diversion or deferred sentence needs to be extended or revised. This
typically occurs when the defendant is given additional time to satisfy an obligation, or
requests a change in the obligations. Extensions or amendments are also negotiated in
lieu of revocation and formal sentencing. This involves negotiating, drafting and
processing an amendment. This fee is intended to recover this cost.
21. Failure to Appear for Bench Trial/ Show Cause Hearing. Substantial expense is
involved in preparation for a bench trial on a violation or crime. This fee reimburses
the City for preparation wasted when the defendant fails to appear (e.g. includes
witness fees, subpoenas, officer overtime, staff or attorney time, court staff and judge
time.) Fee is required to be waived if failure to appear is due to circumstances beyond
the control of the defendant and through no fault of the defendant. AMC 4.35.030.E.
22. Failure to Appear for Jury Trial. Substantial expense is involved in preparation for
a jury trial. This fee reimburses the City for preparation wasted when the defendant
fails to appear (e.g. includes jury fees, witness fees, subpoenas, officer overtime, staff
and attorney time, court staff and judge time.) Fee is required to be waived if failure to
appear is due to circumstances beyond the control of the defendant and through no
fault of the defendant. AMC 4.35.030.E.
23.Forfeiture of Security. This fee covers the cost of providing notice that security
posted by the defendant will be forfeited pursuant to the process set forth in ORS
135.280. This process is often combined with a warrant.
24. Installment Fee. When the Municipal Court sets up an account for defendant to
pay a monetary obligation over time, the Court may charge a fee for setting up the
account. This fee may be waived by the Court for additional cases resolved on the
same day. AMC 4.35.030.0. The Court may also charge interest when judgments are
paid over time.
Page 5-
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25. Interest on Judgments in Criminal Actions per ORS 137.183 and ORS 82.010.
The interest on criminal judgments is set by statute. ORS 137.183 & ORS 82.010. The
municipal judge may waive all or part of the interest payable on a criminal judgment.
ORS 137.183(3).
26. Jury Trial. No deposit is required for a jury trial, although Oregon law authorizes
a deposit (up to $60.00) in certain circumstances. ORS 221.354(3) No fee is charged a
defendant who is found not-guilty following a jury trial on a misdemeanor. This fee
applies if a defendant has been found guilty or settles the case less than 18 hours
before the jurors report to the Court for the scheduled trial. Allowance is provided for
reduction or waiver of the fee in AMC 4.35.030 C.
27. Mediation of criminal action [ORS 135.951]. The City Attorney as well as the
Ashland Police Department may propose mediation of a criminal offense. Mediation
of crime may be part of City Attorney diversion, deferred sentence or plea bargain,
including a condition of probation. This fee is intended to recover the costs incurred in
pursuing mediation. The cost of mediation and attorney fees will be added to the fee.
28. Mediation of violation (Court Mediation). [AMC 2.28.190] Ashland Municipal
Code specifically authorized the Court to offer mediation on a violation offense. This
fee is intended to recover the costs incurred in pursuing mediation. The cost of
mediation will be added to the fee.
29. Motion Not Requiring a Hearing. No charge.
30. Motion Requiring a Hearing. This fee charged for Court time to hear motion. This
fee is waived if defendant prevails on the motion before the Court. Provision is made
to waive fees for subsequent motions resolved on the same day. AMC 4.35.030.0.
31. Non Sufficient Funds Check. This fee is charged by the City for checks returned
for non-sufficient funds.
32. Public Records Requests ICopies The Municipal Court charges the fees required
for records requests according to Public Records Resolutions 2007-43 and 2007-44, as
amended.
33. Reimbursement of per Diem Jail Cost The Municipal Court may impose a
requirement that defendant pay the cost of incarceration as general condition of
probation. State v. Tohnston, 176 Or App 418, 31 P3d 1101 (2001) This per diem cost is
consistent with ORS 169.151(2) which also expressly permits the city to pursue legal
action (civil suit) against defendants for the per diem cost of incarceration.
Page 6-
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34. Show Cause Admission of Allegation: This fee (also generically known as
probation violation) is imposed to recover the cost of the process to hold defendants to
the conditions of their probation or other orders of the Court. This may include but is
not limited to probation violations, diversion and deferred sentence revocations, as
well as the terms and conditions of other Court obligations. Included in this process is
the process for show cause for failure to pay on violations and crimes (punishable by
up to 30 days jail pursuant to ORS 161.685). See note 19 in Resolution regarding
suspension of this fee while state surcharge is in effect.
35. Subpoena Fee. Th!s fee simply reflects the statutory fee for subpoenas currently
set at ten dollars, plus mileage.
36. Warrant Issued. This fee covers the cost of warrant issuance by the Court for both
violations and crimes.
37. Bench Probation Fee This fee continues a $100 surcharge fee imposed in Oregon
Laws Chapter 659, Section 21 paragraph 7. The fee shall be imposed if the defendant is
placed on probation under the supervision of the Court. See note 19 in Resolution
regarding suspension of this fee while state surcharge is in effect.
38. Withholding on County Assessment. ORS 137.309(8)(b) specifically authorizes the
City to withhold an amount equal to the reasonable costs incurred by the clerk in
collection and distribution of the County assessment imposed in ORS 137.309
4-09-10
Page 7-
-07-20-2010- Instructions FINAL.doc
..~.I.q~.9~9...f~PPJ.~~_!.I_lL.:.!:~U.~_'=_~!;~~__..
. .~.i::lH_~ml_J
From:
To:
Date:
Subject:
Vicki Christensen
Richard Appicello
06/0212008 9:52:25 AM
Fwd: FEES
>>> Vicki Christensen OS/28/08 4:26 PM >>>
Fees that Court has at this time:
Collection fee-$100.00
Compliance fee-$25.00
Court fee up to $100.00 (varies on conditions}
Criminal Diversion fee (varies on charges)
Deferred Sentencing fee (varies on charges)
Dismissal fee up to $100.00 (varies on conditions)
Domestic Partner fee - $25.00
Infraction Diversion fee (varies on charges)
Non Sufficient Funds fee (set by what the bank charges the city) $24.00 at this time
Suspension fee - $50.00
Traffic Diversion fee depends on the base fine (from 97.00 up to 500.00 sometimes. more based on the
charge)
Warrant fee-$25.00 to $100.00
Copy fee - based on resolution 2007-44
Public Record fee - based on resolution 2007-43 & 2007-44
We also have Court Appointed Attorney Reimbursement fee, but no sure if that is to be included in the fee
category.
Fees
Ex un. ament
Ex un ement Packet Foe
Dlscove E.Crlmlnal: 201
Dlscove . ViolatIon
CourtiCOSt$
Traffic Violation
_N<m:.triJfflc:&!Ordinanc$/lttolatJons
Criminal
_P.robationlVio/atJonlShowiCausG
Diversion Crime. Ci Attome
_DiversionIVioJatlons::.;;:Court
Diversion Marl uana
_D1verslonIR$vocaUon
Diversion Extension
_VacateftoiMctlon/s foiJ: ie:/relnstatemoo
Defauft Jud ment violaUons ani
Sus nslon;P.acket
CIvIl.C omIse
Mediation of Violation
F.lle,ROvlew]F.ee
A eal Fee I Transcrl t Fee
CertiftoctCo :of,Munlci [Court:Convictlon~
Non-certified Co of Municl al Court Conviction
CGftiftedlCo ;of,DrMn lRecord
Non-certlfied Co of Drlvln Record
Notlce:to;OMViof.CoUtt'Aetlon
DMV Suspension
F.allure,to'A ar
A"aignment/Subse uent Proceedin
"Ju 1Trial
Bench Trial
TrlaliF.o
Ju Trial If convicte
.Bench! I2.Crlmfna. iCO;lVlct
Bench Trial- Violation (if convict
Trial.Reset,F.ees
Ju Trial <7 da before, >24 hours
"Ju 'JTrlal. gida 'befOre;W;...<24!hours
Bench Trial
Summonsd;Sub na't:!
Non~traffic Citations
.P.aTti :Citatlons
Warrant
Mlscellaneous~ P.etlUonslMotiOns
Pa ment Plan Fee
P.8 tiExtenslonlF.ee
Pa ment Ext. Interest I Interest on Criminal Cases
ollectlOl'fF.ee
Withholding on Coun Assessment
InsufflcJenU:unds
Overdue Pa ment Letter
F.orfaltSecUrI ,wlthOUt,Warrant
1m ouoded Vehicles
Stora 'Ofitm ndedl. &,:.:d
Juror Fee (per da & er uror
_ .for,Du .ORS
Re orted for Du & Served
W1tness:F.ee
Training Assessment all cases
:JalllF,ee: Ida
Communi Servica er hour
Urinal 1s1F.ee
Essa Fee
Ins ;F.ee'hF.lx;.jtiF.ee
Onllne Pr rams
P.ertormance:of,Mani e
Domestic Partnershl Re istratlon
Court/A med:Counsel' icatlonlF.ee
Court A olnted Counsel
.'n1t1all&8
Houri Rate
_Maxlmum;tor,Bench}Trial
Maximum for Ju Trial
.M,uiniLlm
Trial Translator Services
_State1Certtfled .hOur.,:~$500:m8x
Non-certified ar hour - $350 max
Ashland
25
Bend Columbia Ci Crook Coun
83
"
12
10
10
15
15
25
25
60
25
233
10 5
10 10
21 10
10
45
60
15
25 20
1.1
65
35
1,1'.5
1
15
15
150 155
90 258
100 80
60
30
50
20
25
25
28
25
9%
25%~, ~250_ 25%:otdebtt5250_
10% of monthl debt
25
25
50
10
80
3
25
25
5
250
50
400
600
10
Fees
Ex &ment
Ex ungement Packet Fee
Dlscov ~cnminal: 2O! a OS
Discove . Violation
COiJrt:CO$l$
Traffic Violation
_Notetf1iffiC:&\Ordlnance,V/olatlons
Criminal
_P.idhBthmIWoIaf/oi1!Show;Caus9
Diversion Crime - Ci Attome
_DiverslonlVioIationsE.Courf.
Diversion Marruana
_DMNsion;Revocation
Diversion extension
_Vaeate~cOtMctlonlsu slOn'io:lreinstatemen
Default Judgment violations onl
Sus lon~P.acket
CIvIl.Co omlse
Mediation of Violation
F.11O;Rmewllt"
A eal Fee J Transcrl t Fee
CertffledlCo..;of,Munlcl al;Court:Convictlon~
Non-certified Co of Munlcl al Court Conviction
Certified;C ;of,OrM IRecord
Non-certified Co of Drivln Record
Notk:e:to~OMViOf,Court1Actlon
DMV Suspension
F,anute:to'" ar:
Arralgnment/Subse uent Proceeding
WJu ~Trial
Bench Trial
TrlalF8&
Ju Trial if convicted
_S 'iljjt~Crlmln81, ff.convlct
Bench Trlal- Violation If convict
Trial Reset:Eees
Ju Trial <7 da s before, >24 hours
WJ 'i.Trlal ~ida s'oo ~<24.'hours
Bench Trial
Summons'hSub na1F.ee
Non-traffic Citations
_P'sr#d, ;Cltations
Warrant
Mlscellaneous:P.etitlons/Motlons
Pa ment Plan Fee
p. ']E;cteJ\Ston1F.ee
Pa ment Ext.lnterest { Interest on Criminal Cases
ollectlCiO' ,
Withholdin on Coun Assessment
InsidflCfent:f.unds
Overdue Pa ment Letter
F.orfelt ;wtthout,Warrant
1m ounded Vehicles
St :01,00 - edNehlcles:
Juror Fee ( er da & er uror
_ foT.Du .ORS
Re orted for Du & Served
Wlbless:F,_
Training Assessment all cases
:JaUIF.ee1
Communi Service er hour
Urlnal.s .ft
Essa Fee
Ins n:F.eeThFlx;U;F."
Online Pr rams
P'Grlon'rla:T\c&YofJMarrlae
Domestic Partnershl Re lstration
Court' ed:Counsel' IcaUon~F."
Court A inted Counsel
_lnltJafF.ee
Hourl Rate
_MaidJmim:for,BenchtTrlal
Maximum for Ju Trial
. Ym
Trial Translator Services
_Stat.:OOfIfIfHl r.hour~ 5OO'ma
Non-cerfjfjed ( er hour- $350 max
Hermiston
Lake Oswego
Lebanon
1,1!5
20
50
20
15
..
9%
25
50
10
10 l5
20
Lowell
5
25
20
20
150
100
50
15
5
30
Fees
McMinnville I
Newberg I Roseburg I Saint Helens I
Ex ement
Expun ement Packet Fee
DIscov9 ECrlmlnal; 2O!
Discove . Violation
Coi.itt;Costs
Traffic Violation
.NQRftrafflci&IOrdlnance\V1oIatJons
Criminal
.P.robstlonlV101aUonlShow~Cause
Diversion Crime. Ci Attorney
_DiveTSionlVlolatJonsZCourt
Diversion Marl"uana
_Dfiferslon~Revo(;at1on
Diversion Extension
_Vaeat&:cotMcUonIs s/Oii" :lrelnstat9men
Default Jud mont violations onl
tis. ..nslon~P.acket
1U
I
-
75
Civil:Co omlse
Mediation of Violation
F.11e~ReViGw;F.ee
A eal Fee / Transcri t Fee 35
Certlfled:Co :of,Munlcl tCourfCcnVlctlon_
Non-certified Co ot Munici at Court Conviction
Certified:Co iof,DrlVl :Record
Non-certifled Co of Orivin Record
~to:DMViof,CourtlActlon
DMV Sus enslon 30
F.anUre~to~A a~
AfTaignmentlSubse uent Proceedin
"Ju ~Trlal
Bench Trial
Trtaf.Eee
Ju Trial if convict 100
_&mch)Trlal3.Crlmlnaf {f.convlct Kiii 30
Bench Trial. Violation if convJct'::t 30
TriaI:Reset:F,ees
Ju Trial <7 da 5 before, >24 hours 50
iT",I. ~1idIJ s'befo :1<24lhOW":$ 100
Bench Trial 15
Summons'hSub na'F.ee
Non-traffic CitatIons 25
_P.arld ;Citations 15
Warrant 50
MiScellaneous~ P.etlUons/MotIons
Pa ment Plan Fee 15% of debt s150
t:Extenslon:F.oo
Pa ment Ext.lnterest / Interest on Criminal Cases
01 :EeG
Withholdln on Coun Assessment
Inslif'fk:Ieht'F.unds 25
Overdue Pa ment Letter
Eorfelt'SGcurI .wlthout,Warrl!lnt
~nded Vehicles
~ ~of,1m ndechVohicles:
Juror Fee r da & er uror
_ .for.'Du .ORS 10
Re orted for Du & Served 20
W1trtess:F.ee 10
Trainln Assessment all cases
:Ja !.oo': ridl!l
Communi Service er hour
Urina sls\F.ee
Essa Fee
Ins 'Eee'I.F.Ix~t:F.oo
Online Programs
P'erformanc&;of,Marrla e
Domestic Partnershl Re istration
Court'A nted:Counsel' leatkm~F.8G
Court A inted Counsel
.'rtithJl/F.ee
Houri Rate
.xtmumjfor.BenchJJj
Maximum for Jury Tria!
.M.txlmum
Trial Translator Services
_State:Cerliffed r.houT~$500"m.tx
Non-certlf1ed or hour - $350 max
7
10
10
25
25
65
45
15
15
75
35
5
3
1.1!5
1
200
100
20
50
20
25
25%~ofidebtt.:c:250_ 25%~<itdebtt<250_
10% of monthl debt
25
15
10 5
10
10 10
2
25
Fees
Sweet Home
Ex un ament.
Ex un ement Packet Fee
Discove .2Criminal: 01 a os
Diseove - Violation
Court:Costs
Traffle Violation
_Non;tnffflc~&IOrdlnancelVlolat/ons
Criminal
_P.robatJonlVk#atioil/Show;Cau.se
Diversion Crime - Ci Artorne
_OlversionlV'tOlatfons!E:Courl
Diversion Mariouana
_Dlverslon:R$vocatJon
Oiversion Extension
_V8cate~coIJVictionlsus skin' 'le:Trelnstatemen
Dofsult Judgment violations onl 1
Sus nsloni~k:et
ClvItCom omJ$e
Mediation of Violation
F.Ile~RoVfewiFee
A eal Fee I Transeri t Fee
Certlfled:C :of.Municl i:Court:COnviction~
Non-certified Co of Municl ai Court Conviction
CertlfledlC '(Jf,Drivln lRecord
Non-certifled Cop of Drivin Record
NotIce;to~DMViOf,Court'Actlon
DMV Sus nsion
F.allure:toT ar
Arrai nment/Subs uent Proceedin
_Ju 1Tml
Bench Trial
Trlal:F.ee
Ju Trial if convicted
_SenchtTrlaiE.Crlmlnal, ff..convlct
Bench Trial. Violation If convict
Trlai:ResetiF.ees
Ju Trial <7 da before, >24 hours
"Ju iT"." qlda lbefore,~<24'hours
Bench Trial
Summons'JiSUb na'F:ee
Non-traffic Citations
_P.arlri tions
Warrant
Mlscelitlneous~P.etitklnslMotions
Pa mont Plan Fee
P.a nt:Extension'F."
Pa mont Ext. Interest I Interest on Criminal Cases
oUed:km' .n
Withholdin on Coun Assessment
InsufflclentiF,unds
Ovordue pa ment Lener
F.orfeit Sac:: ;withoutlWarrard
1m unded Vehicles
Stora e~of.lm 8ChVehicles~
Juror Fee er da & er uror
. nDu T.R
Re orred for Du & Served
W1tnesslF.ee
Trainln Assessment all cases
:Jan.F...;
Communi Service er hour
Urina slslF.ee
Essa Fee
In, ctIon~FeeWfftXHtIF,e
Online Programs
P'erformance;of.Marria e
Domestic Partnershi Re Istration
Court'A" - nted:Counsel'A ication~F."
Court A inted Counsel
.'nlrlaliF.ee
Hourl Rate
_Maxlmum:fOiiBenchtTrlal
Maximum for Ju Trial
_Maximum
Trial Translator Services
_State:Certfflfid ,hourZ$50Crm
Non-certified per hour - $350 max)
San
Sherwood
25
25
-
25 25% of debt <250
Sutherlin
20
50
20
50
50
"ot'debtt<250_
20
-
25
100
50
25
25
25
15
100
100
15
25
25
25
60
Z5
150
Fees
Ex ernent
Ex un ement Packet Fee
O!Sl;ove c:.Crlmlnal' (I) es ~
Discove - Violation
Court,Costs
Traffic Violation
.Non::trafflci&lOnflnancelVlolaUons
Criminal
_P.robstlonlV1oIaUoiJIShow;CausG
Diversion Crime - Ci Attorne
_OlversionlVio(atloflsZCourt
Diversion Mari.uana
.D/verslon)Revocation
Diversion Extension
_VacatG~colMctfonls slon; le:rrelnstatemen
Default Jud ment violations onl
Sus nslonlP.aCket
CiYll:Com romlse
MedIation of Violation
RiJtJ:ReviewiF.'"
A eal FeB I Transeri t Fee
CertlfledlCo :of,MUnICf t:Court:Convlctlon_
Non-certlfied Co of Munlei at Court Conviction
CerdfledlCo :of.DrM :Record
Non-certlfied Co of Driving Record
Notk:.e:to~DMViof.Court'Action
DMV Sus ension
Fallure:to'A ar
Affal nmentlSubse uent Proceedin
_Ju 'lTrlal
Bench Trial
Trtal.F.ee
Ju Trial if convicted)
_SenchITrial:;:Crlminal: "convict
Bench Trial - Violation (if convic~
r1aI'Reset:F.ees .. ~
Ju Trial <7 da s before, >24 hours
9u '11,.,,' 5.7ida ~<24rhours
Bench Trial
Summons'hSub na'f.fHt
Non.trafflc Citations
_P.arldn :CltaUons
Warrant
Mlscellaneous~P.etltionslMotions
Pa ment Plan Fee
Ra nt;Extens:lon!Fu
Pa ment Ext. Interest I Interest on Criminal Cases
OIIe<:tlon: .89
Withholdln on Coun Assessment
InsUfflcJBnt;F.UndS
Overdue Pa ment Letter
EorfaltSec: ;wIthout,Warrant
~nded Vehicles
~ :of.lm edNehicles;
Juror Fee er da & er .uror
IlllRe rted, ,'OU ,ORS
Re orted for Du & Served
W1messlf.ee
Trainin Assessment all cases
:Jall:F._J id
Communi Service (per hour
UrlN sls1F.ee
Essa FeG
Ins on:F.ee'/;f~IXHtf:"
Online Pro rams
fNlrformance~of,M
IDom"':::rtn'''"I. R. 1,...Uon
COUr't1A" nted:Couns-E!1' IcaUonlF.ee
Court A Inted Counsel
.'nWa/.'F.ee
Houri Rate
_Maximumlfor,8enchtTrlal
Maximum for Jury Trial
.Maximum
Trial Translator Services
UStatG:C.ntf1ed' ;hOUr~ 5OO:max:
Non-cert/ned er hour - $350 max
150
I
I
50
15
10
id
I
I
I
Page 1
Index of Surcharges and Fees By Page of Enrolled Bill (Attached)
Chapter 6S9 Oregon Laws 2009 (Enrolled HB 2287)
Section 1
Section la
Establishes the Judicial Surcharge Account (JSA) (eff. on passage)
Provides for surcharges and fees created in the bill to be deposited to
the JSA (eff. on passage)
The JSA is the Judicial Department Stabilization Fund
Page 2
Page 3
Page 6
Page 11
Page 13
Page 17
Page 22
Page 23
Section 2
Section 3
Section 4
Section 9
Section 13
Section 14
Section 21
Section 2S
Section 26
Section 27
Section 28
Establishes Offense Surcharges
Extension of 2007 surcharges to September 30, 2009 (eff. on passage)
Establishes Surcharges Operative October 1, 2009 for fees
Removes $200 cap on the security release cost of 15 % of the security
deposit for any security release agreement
Third-party Complaint Fee (paid by 3" Party Plaintiff and each 3" Party
Defendant appearing)
Civil filing fee changes
1. Increases base filing fee for Plaintiff and Respondent
2. Creates new "additional party" fee to be paid for "each additional
party" by plaintiff or moving party and each appearing defendant or
respondent
3. Creates "amount claimed" fee schedule to be paid by each plaintiff
and any defendant or respondent
Creates Bench Probation Fee and Probation Violation Assessments
Creates the fee for an annual or final accounting in a probate proceeding
or a conservatorship proceeding.
Creates a DUll Diversion program administration fee paid by defendant
Creates a fee to be ordered by the court upon the filing of a motion to
set aside a conviction
Creates an "additional party" fee for appeals or petitions for judicial
review in Court of Appeals and Supreme Court
Page 24
Page 25
Page 26
Section 32
Section 33
Section 34
Section 38
Creates a settlement conference fee to be paid by each party
"participating in the conference" in the circuit court in ci~i1, domestic
relations, adoption, name change and probate
Creates an appellate continuance fee
Raises the cap on the account receivable fee
Creates a fee for "filing or submission of an ex parte order or judgment
for purposes of signature by the judge"
The October 1 effective date surcharges, fees, and assessments established in this Act have a June 30,
2011 sunset clause.
75th OREGON LEGISLATIVE ASSEMBL Y..2009 Regular Session
Enrolled
House Bill 2287
Ordered printed by the Speaker pursuant to House Rule 12.00A (5). Presession filed (at the request
of House Interim Committee on Judiciary)
CHAPTER
AN ACT
Relating to courts; creating new provisions; amending ORS 1.202, 18.999, 21.010, 21.110, 36.170,
135.265, 137.540 and 153.125 and section 15, chapter 860, Oregon Laws 2007; appropriating
money; declaring an emergency; and providing for revenue raising that requires approval by a
three-fifths majority.
Be It Enacted by the People of the State of Oregon:
JUDICIAL SYSTEM SURCHARGE ACCOUNT
SECTION 1. (1) The Judicial System Surcharge Account is established in the General
Fund of the State Treasury. All moneys in the account are continuously appropriated to the
Department of Revenue to be distributed by the Department of Revenue according to allo~
cations made by the Legislative Assembly. The Department of Revenue shall keep a record
of moneys transferred into and out of the account.
(2) The Department of Revenue shall deposit in the General Fund all moneys remaining
in the account after the distributions required by subsection (1) of this section have been
made. Moneys deposited in the General Fund under this subsection are available for general
governmental purposes.
SECTION la. (1) During the biennium commencing July 1, 2009, the Department of Re-
venue shall make monthly distributions from the Judicial System Surcharge Account. The
department may not make a monthly distribution if the balance in the account is less than
$500,000 at the time the distribution would otherwise be made.
(2) Before a monthly distribution is made by the department under this section, the de~
partment shall distribute to itself the lesser of 0.05 percent of the balance in the Judicial
System Surcharge Account or the amount necessary to pay the department's costs incurred
in administering the account.
(3) As soon as possible after making the distribution required by subsection (2) of this
section, the Department of Revenue shall make the following distributions from the Judicial
System Surcharge Account:
(a) To the Judicial Department, 65 percent of the remaining balance in the account, to
be used for court operations. Amounts distributed to the Judicial Department under this
paragraph in the biennium commencing July 1, 2009, may not exceed $6.5 million.
(b) To the Public Defense Services Commission, 35 percent of the remaining balance in
the account, to be used for trial~level indigent defense. Amounts distributed to the Public
Enrolled House Bill 2287 (HE 2287.8)
Page 1
Defense Services Commission under this paragraph in the biennium commencing July 1, 2009,
may not exceed $3.5 million.
OFFENSE SURCHARGE
SECTION 2. (1) In all cases of conviction for the commission of a crime or violation,
excluding parking violations, the trial court, whether a circuit, justice or municipal court,
shall impose upon the defendant, in addition to any fine, cost or other monetary obligation
imposed, an offense surcharge under this section. Except when the person successfully as-
serts the defense set forth in OKS 419C.522, the offense surcharge shall also be imposed by
the circuit court and county court in juvenile cases under ORS 419C.005 (1). The offense
surcharge is a penal obligation in the nature of a fine and shall be in an amount as follows:
(a) $35 in the case of a felony.
(b) $35 in the case of a misdemeanor.
(c) $45 in the case of a violation as described in ORB 153.008.
(2) A court may waive all or part of the offense surcharge required by this section only
if the court imposes no fine on the defendant.
(3) The offense surcharge required by this section shall be imposed only for offenses that
are committed on or after October I, 2009, and before July I, 2011.
(4) Offense surcharges imposed under this section are part of the base fine for the pur-
poses of ORS chapter 153.
(5) Offense surcharges imposed in a circuit court under this section are category 3
monetary obligations for the purposes of ORS 137.295 and shall be collected as provided in
ORS 137.295. Offense surcharges imposed in a justice court, county court or municipal court
under this section are category 4 monetary obligations for the purposes of ORS 137.295 and
shall be collected as provided in ORS 137.295. Amounts collected as offense surcharges under
this section may not be deposited in the Criminal Fine and Assessment Account, or trans-
ferred to the Department of Revenue, under ORS 137.295 (5), but must be deposited or paid
as follows:
(a) Offense surcharges imposed in circuit courts shall be deposited by the Department
of Revenue in the Judicial System Surcharge Account.
(b) Offense surcharges imposed in a justice court or county court shall be paid to t~e
county treasurer.
(c) Offense surcharges imposed in a municipal court shall be paid to the city treasurer.
(6) The collections and revenue management program established under ORS 1.204 may
not be reimbursed under ORS 1.204 from amounts imposed as offense surcharges under this
section.
SECTION 2a. ORB 153.125 is amended to read:
153.125. (1) The base fine required in violation proceedings under this chapter is the sum of a
foundation amount calculated under ORS 153.125 to 153.145 plus the unitary and county assessments
established under ORS 137.290 and 137.309, and the offense surcharge under section 2 of this
2009 Act, for the violation. The amount of the county assessment under ORS 137.309 shall be cal-
culated using the foundation amount determined under ORS 153.125 to 153.145, and may not be
calculated using the maximum fine for the violation.
(2) Except as otherwise provided in ORS 153.125 to 153.145, the foundation amount to be used
in calculating the base fine required in violation proceedings under this chapter is 50 percent of the
maximum fine established for the violation.
(3) Except as otherwise provided in ORS 153.125 to 153.145, the foundation amount to be used
for a specific fine violation in calculating the base fine required in a violation proceeding under this
chapter is the maximum fine provided for the violation.
(4) If the law creating a violation establishes a minimum fine, and the foundation amount cal-
culated for the violation under ORS 153.125 to 153.145 is less than the minimum fine for the vio.
Enrolled House Bill 2287 (HB 2287.8)
Page 2
lation, the foundation amount to be used in calculating the base fine required in a violation
proceeding under this chapter is the minimum fine established for the violation.
SECTION 2b. The amendments to ORS 153.125 by section 2a of this 2009 Act apply only
to offenses that are committed on or after October 1, 2009, and before July 1, 2011.
SECTION 2c. ORS 153.125, as amended by section 2a of this 2009 Act, is amended to read:
153.125. (1) The base fine required in violation proceedings under this chapter is the sum of a
foundation amount calculated under ORS 153.125 to 153.145 plus the unitary and county assessments
established under ORS 137.290 and 137.309l, and the offense surcharge under section 2 of this 2009
Act,J for the violation. The amount of the county assessment under ORS 137.309 shall be calculated
using the foundation amount determined under ORB 153.125 to 153.145, and may not be calculated
using the maximum fine for the violation.
(2) Except as otherwise provided in ORS 153.125 to 153.145, the foundation amount to be used
in calculating the base fine required in violation proceedings under this chapter is 50 percent of the
maximum fine established for the violation.
(3) Except as otherwise provided in ORS 153.125 to 153.145, the foundation amount to be used
for a specific fine violation in calculating the base fine required in a violation proceeding under this
chapter is the maximum fine provided for the violation.
(4) If the law creating a violation establishes a minimum fine, and the foundation amount cal-
culated for the violation under ORS 153.125 to 153.145 is less than the minimum fine for the vio-
lation, the foundation amount to be used in calculating the base fine required in a violation
proceeding under this chapter is the minimum fine established for the violation.
SECTION 2d. (1) The amendments to ORS 153.125 by section 2c of this 2009 Act become
operative July 1, 2011.
(2) The amendments to ORS 153.125 by section 2c of this 2009 Act do not affect the im.
position of a surcharge under section 2 of this 2009 Act for an offense committed on or after
October 1, 2009, and before July 1, 2011.
EXTENSION OF 2007 FILING FEE SURCHARGES
TO SEPTEMBER 30, 2009
SECTION 3. Section 15, chapter 860, Oregon Laws 2007, is amended to read:
Sec. 15. (1) In addition to the fees provided for in ORB 21.010 (1), for the period commencing
September 1, 2007, and ending IJuneJ September 30, 2009, at the time of ftling a response in the
Court of Appeals or the Supreme Court, the State Court Administrator shall collect a surcharge of
$8. .
(2)(a) In addition to the fees provided for in ORS 21.110 (1), for the period commencing Septem-
ber 1, 2007, and ending LJuneJ September 30, 2009, at the time of filing in the circuit court of any
civil action, suit or proceeding, including appeals, the clerk of the circuit court shall collect from
the plaintiff, appellant or moving party a surcharge of $5. In addition, at the time of filing any ap.
pearance in any such action, suit or proceeding upon the part of any defendant or respondent ap-
pearing separately, or upon the part of defendants or respondents appearing jointly, the clerk shall
collect from the party or parties a surcharge of $4.
(b) In addition to the fees provided for in ORS 21.110 (2), for the period commencing September
I, 2007, and ending lJuneJ September 30, 2009, the clerk of the circuit court shall collect a sur-
charge of $3 from the plaintiff, appellant or moving party, and shall collect a surcharge of $3 from
any defendant or respondent appearing separately, or upon the part of defendants or respondents
appearing jointly, in the action.s described in ORS 21.110 (2).
(3)(a) In addition to the fees provided for in ORS 21.111 (1), for the period commencing Septem-
ber 1, 2007, and ending [JuneJ September 30, 2009, in the proceedings specified in ORS 21.111 (2)
the clerk of the circuit court shall collect a surcharge of $5 from the petitioner at the time the pe.
tition is filed, and shall collect a surcharge of $3 from the respondent upon the respondent making
an appearance.
Enrolled House Bill 2287 (HE 2287.B)
Page 3
(b) In addition to the fees provided for in ORS 21.111 (3), for the period commencing September
1, 2007, and ending LJuneJ September 30, 2009, the clerk of the circuit court shall collect from the
moving party a surcharge of $3 at the time of the filing of a motion for the modification of a decree
of marital annulment, dissolution or separation, if the motion is filed more than one year after the
entry of the decree in the register of the court.
(4) In addition to the fees provided for ORS 21.114 0), for the period commencing September 1,
2007, and ending [June] September 30, 2009, the clerk of the court shall collect:
(a) In an adoption proceeding, a surcharge of $2 from the party filing the petition for adoption
and a surcharge of $1 from an objecting party appearing separately or objecting parties appearing
jointly.
(b) In a change of name proceeding, a surcharge of $2 from the party filing the application for
.
change of name and a surcharge of $1 from an objecting party appearing separately or objecting
parties appearing jointly.
(5) In addition to the fee provided for in ORB 21.114 (3), for the period commencing September
1, 2007, and ending LJuneJ September 30, 2009, in any adoption or change of name proceeding in a
court having jurisdiction, the clerk of the court shall collect from the party having the affirmative
of the issue, at the time the proceeding comes on for trial or hearing upon the issues of fact or law
involved therein, a surcharge of $2.
(6)(a) In addition to the trial fee provided for in ORS 21.270 (2), for the period commencing
September I, 2007, and ending LJune] September 30, 2009, the clerk of the circuit court shall collect
from the plaintiff, appellant or moving party, for a trial on the merits without a jury, a surcharge
on the trial fee of $4 for each full or partial day of the trial.
(b) In addition to the jury trial fee provided for in ORS 21.270 (3), for the period commencing
September 1, 2007, and ending [June] September 30, 2009, the clerk shall collect from the plaintiff
or appellant, for a trial by a jury of more than six persons, a surcharge on the jury trial fee of $10
for each full or partial day of the trial. The clerk shall collect from the plaintiff or appellant, for a
trial by a jury of six persons, a surcharge on the jury trial fee of $6 for each full or partial day of
the trial.
(7) In addition to the hearing fee provided for in ORS 21.275 (3), for the period commencing
September 1, 2007, and ending LJune] September 30, 2009, the clerk of the circuit court shall collect
a surcharge on the hearing fee of $2 if the hearing period is not more than three hours or $4 if the
hearing period is more than three hours.
(8)(a) In addition to the fees provided for in ORS 21.310 0), for the period commencing Septem-
ber I, 2007, and ending [June] September 30, 2009, the clerk of the court shall collect the following
surcharges for the filing of the initial papers in any probate proceeding, including petitions for the
appointment of personal representatives, probate of wills and contest of wills, or in any
conservatorship proceeding:
Where the amount of the estate is:
1. Not more than $10,000--a surcharge of $1.
2. More than $10,000 and not more than $25,000--a surcharge of $4.
3. More than $25,000 and not more than $50,000..a surcharge of $8.
4. More than $50,000 and not more than $100,000--a surcharge of $12.
5. More than $100,000 and not more than $500,000--a surcharge of $15.
6. More than $500,000 and not more than $l,OOO,OOO--a surcharge of $19.
7. More than $I,OOO,OOO--a surcharge of $23.
(b) In addition to the fee provided for in ORB 21.310 (3), for the period commencing September
1,2007, and ending [June] September 30,2009, the clerk shall collect a"surcharge of $1 for the filing
of the initial papers in any guardianship proceeding.
~
Enrolled House Bill 2287 (HB 2287-B)
Page 4
(c) In addition to the fee provided for in ORS 21.310 (5), for the period commencing September
1, 2007, and ending lJune] September 30, 2009, at the time of filing any answer, motion or objection
in a probate proceeding or protective proceeding under ORS chapter 125, the party filing the an-
swer, motion or objection shall pay a surcharge of $1 to the clerk.
(d) In addition to the fee provided for in ORS 21.310 (7), for the period commencing September
1, 2007, and ending [June] September 30, 2009, the clerk shall collect from the party having the
affirmative of the issue, at the time the proceeding comes on for trial or hearing upon the issues
of fact or law involved therein, a surcharge on the trial or hearing fee of $2.
(9) In addition to the fees provided for in ORS 21.325 (3), for the period commencing September
1, 2007, and ending lJuneJ September 30, 2009, the clerk of the court shall collect a surcharge of
$2 for the filing of a copy of foreign judgment and affidavit filed as provided in ORS 24.115 and
24.125 or the filing of a copy of child custody determination of another state filed as provided in
ORS 109.787.
(10) In addition to the fee provided for in ORS 34.340, for the period commencing September 1,
2007, and ending [June] September 30, 2009; the clerk of the court shall ~ollect a surcharge of $1
upon the filing of a petition for a writ of habeas corpus.
(11) In addition to the fees provided for in ORS 36.520 (5), for the period commencing September
1, 2007, and ending [June] September 30, 2009, the clerk of the circuit court shall collect from the
party making application for setting aside under ORS 36.520 (1) a surcharge of $2 and from a party
filing an appearance in opposition to the application a surcharge of $1.
(12) In addition to the fee provided for in ORS 36.522 (3), for the period commencing September
1, 2007, and ending [June] September 30, 2009, the clerk of the circuit court shall collect a sur-
charge of $1 for the filing of an arbitral award or application for enforcement of an arbitral award
under ORB 36.522.
(13) In addition to the fee provided for in ORS 36.524 (1), for the period commencing September
I, 2007, and ending [June] September 30, 2009, the clerk of the circuit court shall collect a sur~
charge of $1 for the filing under ORB 36.524 (1). .
(14) In addition to the fee provided for in ORS 36.615 (1)(b), for the period commencing Sep~
tember 1, 2007, and ending [June] September 30, 2009, the clerk of the circuit court shall collect
a surcharge of $2 upon the filing of a petition to seek confirmation, vacation, modification or cor-
rection of an award under ORS 36.700, 36.705 or 36.710, and a surcharge of $1 from a person filing
an appearance in opposition to the petition.
(15) In addition to the fees provided fo~ in ORS 46.570 (1), for the period commencing September
1, 2007, and ending [June] September 30, 2009, in the small claims department of a circuit court the
clerk of the court shall collect:
(a) A $1 surcharge when a plaintiff files a claim and the amount or value claimed does not ex-
ceed $1,500;
(b) A $2 surcharge when a plaintiff files a claim and the amount or value claimed exceeds $1,5'00;
(c) A $1 surcharge when a defendant demands a hearing and the amount or value claimed' by
the plaintiff does not exceed $1,500; and
(d) A $2 surcharge when a defendant demands a hearing and the amount or value claimed by
the plaintiff exceeds $1,500.
(16)(a) In addition to the fees provided for in ORS 105.130 (2), for the period commencing Sep-
tember 1, 2007, and ending [June] September 30, 2009, upon filing a complaint in the case of a
dwelling unit to which ORS chapter 90 applies, the clerk of the court shall collect a surcharge of
$3.
(b) In addition to the fees pr~)Vided for in ORS 105.130 (3), for the period commencing September
1, 2007, and ending [June] September 30, 2009, if the defendant demands a trial after a complaint
is filed under ORB 105.130 (2), the plaintiff shall pay a surcharge of $2.
(17) In addition to the fee provided for in ORS 107.434 (1), for the period commencing September
1, 2007, and ending [June] September 30, 2009, the clerk of the court shall collect a' surcharge of
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Page 5
$3 upon the filing of a motion seeking enforcement of a parenting time order or a substantial vio-
lation of a parenting plan.
(18) In addition to the fee provided for in ORS 112.820 (l)(d), for the period commencing Sep-
tember I, 2007, and ending [June] September 30, 2009, the clerk of the probate court shall collect
a surcharge of $1 for filing of an affidavit under ORS 112.820 (1).
(19) In addition to the fee provided for in ORB 114.515 (6), for the period commencing September
I, 2007, and ending lJuneJ September 30, 2009, the clerk of the probate court shall collect a sur-
charge of $1 upon the filing of an affidavit under ORS 114.515.
(20) In addition to the fee provided for in ORB 130.200 (8)(a), for the period commencing Sep-
tember I, 2007, and ending lJuneJ September 3D, 2009, the clerk of the circuit court shall collect
a surcharge of $3 for the filing of an agreement or memorandum of agreement under ORB 130.200
(6) and a surcharge of $2 for the filing of objections under ORS 130.200 (7).
(21) In addition to the fee provided for in ORS 138.560, for the period commencing September
I, 2007, and ending lJuneJ September 3D, 2009, a petitioner shall pay a surcharge of $1 at the time
of filing a petition under ORB 138.560.
(22) In addition to the fee provided for in ORB 166.274, for the period commencing September
I, 2007, and ending lJuneJ September 30, 2009, the clerk of the court shall collect a surcharge of
$5 for the filing of a petition for relief under ORS 166.274.
(23) In addition to the fee provided for in ORB 419B.555 (6), for the period commencing Sep-
tember 1, 2007, and ending lJuneJ September 30, 2009, the clerk of the court shall collect a sur-
charge of $4 for each application for emancipation under OR~ 419B.555.
(24) Except as provided in subsection (25) of this section, surcharges imposed under this
section on or after July 1, 2009, and before October 1, 2009, shall be deposited in the Judicial
System Surcharge Account. The collections and revenue management program established
under ORB 1.204 may not be reimbursed" under ORS 1.204 from surcharges imposed under
this section on or after July 1, 2009, and before October 1, 2009.
(25) A surcharge imposed by a county court under subsection (8) of this section or by a
justice court under subsection (16) of this section shall be paid to the county treasurer.
SURCHARGES OPERATIVE OCTOBER I, 2009
SECTION 4. (1) In addition to the fees provided for in ORS 21.010 (1), for the period
commencing October 1, 2009, and ending June 30, 2011, at the time of filing a response in the
Court of Appeals or the Supreme Court, the State Court Administrator shall collect a sur-
charge of $8.
(2)(a) In addition to the fees provided for in OKS 21.111 (1), for the period commencing
October 1, 2009, and ending June 30, 2011, in the proceedings specified in OKS 21.111 (2) the
clerk of the circuit court shall collect a surcharge of $5 from the petitioner at the time the
petition is filed, and shall collect a surcharge of $3 from the responl\ent upon the respondent
making an appearance.
(b) In addition to the fees provided for in OKS 21.111 (3), for the period commencing Oc.
tober 1, 2009, and ending June 30, 2011, the clerk of the circuit court shall collect from the
moving party a surcharge of $3 at the time of the filing of a motion for the modification of
a decree of marital annulment, dissolution or separation, if the motion is filed more than one
year after the entry of the decree in the register of the court.
(3) In addition to the fees provided for ORS 21.114 (1), for the period commencing October
1, 2009, and ending June 30, 2011, the clerk of the court shall collect:
(a) In an adoption proceeding, a surcharge of $2 from the party filing the petition for
adoption and a surcharge of $1 from an objecting party appearing separately or objecting
parties appearlD.g jointly.
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Page 6
(b) In a change of name proceeding, a surcharge of $61 from the party filing the appli-
cation for change of name and a surcharge of $61 from an objecting party appearing sepa.
rately or objecting parties appemng jointly.
(4) In addition to the fee provided for in ORS 21.114 (3), for the period commencing Oc-
tober 1, 2009, and ending June 30, 2011, in any adoption or change of name proceeding in a
court having jurisdiction, the clerk of the court shall collect from the party having the af-
firmative of the issue, at the time the proceeding comes on for trial or hearing upon the is-
sues of fact or law involved therein, a surcharge of $2.
(5)(a) In addition to the trial fee provided for in ORS 21.270 (2), for the period com-
mencing October 1, 2009, and ending June 30, 2011, the clerk of the circuit court shall collect
from the plaintiff, appellant or moving party, for a trial on the merits without a jury, a
surcharge on the trial fee of $33 for each full or partial day of the trial.
(b) In addition to the jury trial fee provided for in ORS 21.270 (3), for the period com-
mencing October 1, 2009, and ending June 30, 2011, the clerk shall collect from the plaintiff
or appellant, for a trial by a jury of more than six persons, a surcharge on the jury trial fee
of $32 for each full or partial day of the trial. The clerk shall collect from the plaintiff or
appellant, for a trial by a jury of six persons, a surcharge on the jury trial fee of $40 for each
full or partial day of the trial.
(6) In addition to the hearing fee provided for in ORS 21.275 (3), for the period com-
mencing October 1, 2009, and ending June 30, 2011, the clerk of the circuit court shall collect
a surcharge on the hearing fee of $12 if the hearing period is not more than three hours or
$33 if the hearing period is 'more than three hours.
(7)(a) In addition to the fees provided for in ORS 21.310 (1), for the period commencing
October 1, 2009, and ending June 30, 2011, the clerk of the court shall collect the following
surcharges for the f'iling of the initial papers in any probate proceeding, including petitions
for the appointment of personal representatives, probate of wills and contest of wills, or in
any conservatorship proceeding:
Where the amount of the estate is:
1. Not more than $10,000ua surcharge of $1.
2. More than $10,000 and not more than $25,000--a surcharge of $4.
3. More than $25,000 and not more than $50,000--a surcharge of $8.
4. More than $50,000 and not more than $100,000ua surcharge of $12.
5. More than $100,000 and not more than $500,OOO--a surcharge of $15.
6. More than $500,000 and not more than $1,OOO,OOO--a surcharge of $19.
7. More than $1,OOO,OOO--a surcharge of $23.
(b) In addition to the fee provided for in ORS 21.310 (3), for the period commencing Oc-
tober 1, 2009, and ending June 30, 2011, the clerk shall collect a surcharge of $1 for the filing
of the initial papers in any guardianship proceeding.
(c) In addition to the fee provided for in ORS 21.310 (5), for the period commencing Dc.
tober 1, 2009, and ending June 30, 2011, at the time of filing any answer, motion or objection
in a probate proceeding or protective proceeding under ORS chapter 125, the party filing the
answer, motion or objection shall pay a surcharge of $1 to the clerk~
(d) In addition to the fee provided for in ORS 21.310 (7), for the period commencing Oc-
tober 1, 2009, and ending June 30, 2011, the clerk shall collect from the party having the af-
firmative of the issue, at the time the proceeding comes on for trial or hearing upon the
issues of fact or law involved therein, a surcharge on the trial or hearing fee of $2.
(8) In addition to the fees provided for in ORS 21.325 (3), for the period commencing Oc-
tober 1, 2009, and ending June 30, 2011, the clerk of the court shall collect a surcharge of $2
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Page 7
for the filing of a copy of foreign judgment and affidavit filed as provided in OKS 24.115 and
24.125 or the filing of a copy of child custody determination of another state filed as provided
in ORS 109.787.
(9) In addition to the fees provided for in ORS 21.325 (4), for the period commencing Oc-
tober 1, 2009, and ending June 30, 2011, the clerk of the court shall collect a surcharge of $6
for issuing a writ of execution or a writ of garnishment.
(10) In addition to the fee provided for in ORS 34.340, for the period commencing October
1, 2009, and ending June 30, 2011, the clerk of the court shall collect a surcharge of $1 upon
the filing of a petition for a writ of habeas corpus.
(11) In addition to the fees provided for in ORS 36.520 (5), for the period commencing
October 1, 2009, and ending June 30, 2011, the clerk of the circuit court shall collect from the
party making application for setting aside under ORS 36.520 (1) a surcharge of $2 and from
. a party filing an appearance in opposition to the application a surcharge of $1.
(12) In addition to the fee provided for in ORS 36.522 (3), for the period commencing Oc-
tober 1, 2009, and ending June 30, 2011, the clerk of the circuit court shall collect a surcharge
of $1 for the filing of an arbitral award or application for enforcement of an arbitral award
under ORS 36.522.
(13) In addition to the fee provided for in ORS 36.524 (1), for the period commencing Oc-
tober 1, 2009, and ending June 30, 2011, the clerk of the circuit court shall collect a surcharge
of $1 for the ming under ORS 36.524 (1).
(14) In addition to the fee provided for in ORB 36.615 (1Hb), for the period commencing
October 1, 2009, and ending June 30, 2011, the clerk of the circuit court shall collect a sur-
charge of $2 upon the filing of a petition to seek confirmation, vacation, modification or
correction of an award under ORS 36.700, 36.705 or 36.710, and a surcharge of $1 from a
person filing an appearance in opposition to the petition.
(15) In addition to the fees provided for in ORS 46.570 (1), for the period commencing
October 1, 2009, and ending June 30, 2011, in the small claims department of a circuit court
the clerk of the court shall collect:
(a) A $24 surcharge when a defendant demands a hearing and the amount or value
claimed by the plaintiff does not exceed $1,500; and
(b) A $50 surcharge when a defendant demands a hearing and the amount or value
claimed by the plaintiff exceeds $1,500.
(16)(a) In addition to the fees provided for in ORS 105.130 (2), for the period commencing
October 1, 2009, and ending June 30, 2011, upon filing a complaint in the case of a dwelling
unit to which ORS chapter 90 applies, the clerk of the court shall collect a surcharge of $12.
(b) In addition to the fees provided for in ORB 105.130 (3), for the period commencing
October 1, 2009, and ending June 30, 2011, if the defendant demands a trial after a complaint
is med under ORS 105.130 (2), the plaintiff shall pay a surcharge of $2.
(17) In addition to the fee provided for in ORS 107.434 (1), for the period commencing
October 1, 2009, and ending June 30, 2011, the clerk of the court shall collect a surcharge of
$3 upon the filing of a motion seeking enforcement of a parenting time order or a substantial
violation of a parenting plan.
(18) In addition to the fee provided for in ORS 112.820 (lHd), for the period commencing
October 1, 2009, and ending June 30, 2011, the clerk of the probate court shall collect a sur-
charge of $1 for filing of an affidavit under ORS 112.820 (1).
(19) In addition to the fee provided for in ORS 114.515 (6), for the period commencing
October 1, 2009, and ending June 30, 2011, the clerk of the probate court shall collect a sur-
charge of $1 upon the filing of an affidavit under ORS 114.515.
(20) In addition to the fee provided for in ORS 130.200 (8Ha), for the period commencing
October 1, 2009, and ending June 30, 2011, the clerk of the circuit court shall collect a sur-
charge of $3 for the filing of an agreement or memorandum of agreement under ORS 130.200
(6) and a surcharge of $2 for the filing of objections under ORS 130.200 (7).
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Page 8
(21) In addition to the fee provided for in ORS 138.560, for the period commencing Octo-
ber 1, 2009, and ending June 30, 2011, a petitioner shall pay a surcharge of $1 at the time of
riling a petition under ORB 138.560.
(22) In addition to the fee provided for in ORB 166.274, for the period commencing Octo-
ber 1, 2009, and ending June 30, 2011, the clerk of the court shall collect a surcharge of $5
for the filing of a petition for relief under ORS 166.274.
(23) In addition to the fees provided for in ORS 305.490, for the period commencing Oc-
tober 1, 2009, and ending June 30, 2011, the clerk of the tax court shall collect the following
surcharges:
(a) For a complaint or petition in the magistrate division, $50.
(b) For a complaint or petition in the regular division, $100.
(c) If a complaint or petition is specially designated under ORB 305.501 for hearing in the
regular division, a fee of $100.
(24) In addition to the fee provided for in ORB 419B.555 (6), for the period commencing
October 1, 2009, and ending June 30, 2011, the clerk of the court shall collect a surcharge of
$4 for each application for emancipation under ORS 419B.555.
(25) Except as provided in subsection (26) of this section, surcharges imposed under this
section shall be deposited in the Judicial System Surcharge Account. The collections and
revenue management program established under ORB 1.204 may not be reimbursed under
ORB 1.204 from surcharges imposed under this section.
(26) A surcharge imposed by a county court under subsection (7) of this section or by a
justice court under subsection (16) of this section shall be paid to the county treasurer.
SECTION 5. ORS 18.999 is amended to read:
IB.999. This section establishes the right of a plaintiff to recover certain moneys the plaintiff
has expended to recover a debt under ORS 18.854 or to enforce a judgment and establishes proce-
dures for that recovery. The following apply to this section:
(1) When a plaintiff receives moneys under a garnishment, attachment or payment, the plaintiff
may proceed as follows:
(a) Before crediting the total amount of moneys received against the judgment or debt, the
plaintiff may recover and keep from the total amount received under the garnishment, attachment
or payment any moneys allowed to be recovered under this section.
(b) After recovering moneys as allowed under paragraph (a) of this subsection, the plaintiff shall
credit the remainder of the moneys received against the judgment or debt as provided by law.
(2) Moneys recovered under subsection (1)(a) of this section shall not be considered moneys paid
on and to be credited against the original judgment or debt sought to be enforced. No additional
judgment is necessary to recover moneys in the manner provided in subsection (1)(a) of this section.
(3) The only moneys a plaintiff may recover under subsection (1)(a) of this section are those
described in subsection (4) of this section that the plaintiff has paid to enforce the existing specific
judgment or debt that the specific garnishment or attachment was issued to enforce or upon which
the payment was received. Moneys recoverable under subsection (1)(a) of this section remain re.
coverable and, except as provided under subsection (B) of this section, may be recovered from mon-
eys received by the plaintiff under subsequent garnishments, attachments or payments on the same
specific judgment or debt.
(4) This section allows the recovery only of the following:
(a) Statutorily established moneys that meet the requirements under subsection (3) of this sec-
tion, as follows:
(A) Garnishee's search fees under ORS IB.790.
(B) Fees for delivery of writs of garnishment under ORS 18.652.
(C) Circuit court fees as provided under ORS 21.325.
(D) County court.fees as provided under ORS 5.125.
(E) County clerk recording fees as provided in ORS 205.320.
(F) Actual fees or disbursements made under ORS 21.410.
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(G) Costs of execution as provided in ORS 105.112.
(H) Fees paid to an attorney for issuing a garnishment in an amount not to exceed [$12J $18 for
each garnishment.
(1) Costs of an execution sale as described in ORS 18.950 (2).
(J) Fees paid under ORS 21.125 for motions and responses to motions filed after entry of a
judgment.
(b) Interest on the amounts specified in paragraph (a) of this subsection at the rate provided for
judgments in ORS 82.010 for the period of time beginning with the expenditure of the' amount and
ending upon recovery of the amount under this section.
(5) The plaintiff shall be responsible for doing all of the following:
(a) Maintaining a precise accounting of moneys recovered under subsection (1 )(a) of this section
and making the accounting available for any proceeding relating to that judgment or debt.
(b) Providing reasonable notice to the defendant of moneys the plaintiff recovers under sub.
section (1)(a) of this section.
(6) Moneys recovered under subsection (1)(a) of this section remain subject to all other pro-
visions of law relating to payments, or garnished or attached moneys including, but not limited to,
those relating to exemption, claim of exemption, overpayment and holding periods.
(7) Nothing in this section limits the right of a plaintiff to recover moneys described in this
section or other moneys in any manner otherwise allowed by law.
(8) A writ of garnishment or attachment is not valid if issued solely to recover moneys recov.
erable under subsection O)(a) of this section unless the right to collect the moneys is first reduced
to a judgment or to a debt enforceable under ORS 18.854.
SECTION 6. The amendments to ORS 18.999 by section 5 of this 2009 Act become opera-
tive October 1, 2009, and apply only to writs of garnishment issued on or after October 1,
2009, and before July 1, 20n.
SECTION 7. ORS 18.999, as amended by section 5 of this 2009 Act, is amended to read:
18.999. This section establishes the right of a plaintiff to recover certain moneys the plaintiff
has expended to recover a debt under ORS 18.854 or to enforce a judgment and establishes proce-
dures for that recovery. The following apply to this section: .
(1) When a plaintiff receives moneys under a garnishment, attachment or payment, the plaintiff
may proceed as follows:
(a) Before crediting the total amount of moneys received against the judgment or debt, the
plaintiff may recover and keep from the tota) amount received under the garnishment, attachment
or payment any moneys allowed to be recovered under this section.
(b) After recovering moneys as allowed under paragraph (a) of this subsection, the plaintiff shall
credit the remainder of the moneys received against the judgment or debt as provided by law.
(2) Moneys recovered under subsection O)(a) of this section shall not be considered moneys paid
on and to be credited against the original judgment or debt sought to be enforced. No additional
judgment is necessary to recover moneys' in the manner provided in subsection (1)(a) of this section.
(3) The only moneys a plaintiff may recover under subsection (1)(a) of this section are those
described in subsection (4) of this section that the plaintiff has paid to enforce the existing specific
judgment or debt that the specific garnishment or attachment was issued to enforce or upon which
the payment was received. Moneys recoverable under subsection O)(a) of this section remain re.
coverable and, except as provided under subsection (8) of this section, may be recovered from mon-
eys received by the plaintiff under subsequent garnishments, attachments or payments on the same
specific judgment or debt.
(4) This section allows the recovery only of the following:
(a) Statutorily established moneys that meet the requirements under subsection (3) of this sec.
tion, as follows:
(A) Garnishee's search fees under ORS 18.790.
(B) Fees for delivery of writs of garnishment under ORS 18.652.
(C) Circuit court fees as provided under ORS 21.325.
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Page 10
(D) County court fees as provided under ORS 5.125.
(E) County clerk recording fees as provided in ORS 205.320.
(F) Actual fees or disbursements made under ORS 21.410.
(G) Costs of execution as provided in ORS 105.112.
(H) Fees paid to an attorney for issuing a garnishment in an amount not to exceed [$18J $12 for
each garnishment.
(1) Costs of an execution sale as described in ORS 18.950 (2).
(J) Fees paid under ORS 21.125 for motions and responses to motions filed after entry of a
judgment.
(b) Interest on the amounts .specified in paragraph (a) of this subsection at the rate provided for
judgments in ORS 82.010 for the period of time beginning with the expenditure of the amount and
ending upon recovery of the amount under this section.
(5) The plaintiff shall be responsible for doing all of the following:
(a) Maintaining a precise accounting of moneys recovered under subsection O)(a) of this section
and making the accounting available for any proceeding relating to that judgment or debt.
(b) Providing reasonable notice to the defendant of moneys the plaintiff recovers under sub-
section O)(a) of this section.
(6) Moneys recovered under subsection O)(a) of this section remain subject to all other pro-
visions of law relating to payments, or garnished or attached moneys including, but not limited to,
those relating to exemption, claim of exemption, overpayment and holding periods.
(7) Nothing in this section limits the right of a plaintiff to recover moneys described in this
section or other moneys in any manner otherwise allowed by law.
(8) A writ of garnishment or attachment is not valid if issued solely to re'cover moneys recov-
erable under subsection O)(a) of this section unless the right to collect the moneys is first reduced
to a judgment or to a debt enforceable under ORS 18.854.
SECTION 8. (1) The amendments to ORS 18.999 by section 7 of this 2009 Act become op-
erative July 1, 2011.
(2) The amendments to ORS 18.999 by section 7 of this 2009 Act do not affect the amount
that may be recovered under ORS 18.999, as in effect immediately before July 1, 2011, for
writs of garnishment issued on or after October 1, 2009, and before July 1, 2011.
SECURITY RELEASE DEPOSITS
SECTION 9. ORS 135.265 is amended to read:
135.265. (1) If the defendant is not released on personal recognizance under ORS 135.255, or
granted conditional release under ORB 135.260, or fails to agree to the provisions of the conditional
release, the mflgistrate shall set a security amount that will reasonably assure the defendant's ap-
pearance. The defendant shall execute the security release in the amount set by the magistrate.
(2) The defendant shall execute a release agreement and deposit with the clerk of the court
before which the proceeding is pending a sum of money equal to 10 percent of the security amount,
but in no event shall such deposit be less than $25. The clerk shall issue a receipt for the sum de-
posited. Upon depositing this sum the defendant shall be released from custody subject to the con-
dition that the defendant appear to answer the charge in the court having jurisdiction on a day
certain and thereafter as ordered by the court until discharged or final order of the court. Once
security has been given and a charge is pending or is thereafter filed in or transferred to a court
of competent jurisdiction the latter court shall continue the original security in that court subject
to ORS 135.280 and 135.285. When conditions of the release agreement have been performed and the
defendant has been discharged from all obligations in the cause, the clerk of the court shall return
to the person shown by the receipt to have made the deposit, unless the court orders otherwise, 85
percent of the sum which has been deposited and shall retain as security. release costs 15 percent,
but not less than $5 lnor more than $200], of the amount deposited. The interest that has accrued
on the full amount deposited shall also be retained by the clerk. The amount retained by the clerk
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Page 11
of a circuit court shall be paid over as directed by the State Court Administrator for deposit in the
Criminal Fine and Assessment Account created under ORS 137.300. The amount retained by a jus-
tice of the peace shall be deposited in the county treasury. The amount retained by the clerk of a
municipal court shall be deposited in the municipal corporation treasury. At the request of the de-
fendant the court may order whatever amount is repayable to defendant from such security amount
to be paid to defendant's attorney of record.
(3) Instead of the security deposit provided for in subsection (2) of this section the defendant
may deposit .with the clerk of the court an amount equal to the security amount in cash, stocks,
bonds, or real or personal property situated in this state with equity not exempt owned by the de-
fendant or sureties worth double the amount of security set by the magistrate. The stocks, bonds,
real or personal property shall in all cases be justified by affidavit. The magistrate may further ex-
amine the sufficiency of the security as the magistrate considers necessary.
SECTION 10. (1) The amendments to ORS 135.265 by section 9 of this 2009 Act apply only
to security deposits made on or after October 1, 2009, and before July 1, 2011.
(2) All amounts retained in a circuit court under ORS 135.265 as security deposit costs
from security deposits made on or after October 1, 2009, and before July 1, 2011, that are in
excess of $200 shall be deposited in the Judicial System Surcharge Account. All amounts
retained in a justice court under ORS 135.265 as security deposit costs from security deposits
made on o~ after October 1, 2009, and before July 1, 2011, that are in excess of $200 shall be
paid to the county treasurer. All amounts retained in a municipal court under ORS 135.265
as security deposit costs from security deposits made on or after October 1, 2009, and before
July 1, 2011, that are in excess of $200 shall be paid to the city treasurer.
(3) The collections and revenue management program established under ORS 1.204 may
not be reimbursed under ORS 1.204 from amounts retained as security deposit costs that are
in excess of $200 pursuant to the amendments to ORS 135.265 by section 9 of this 2009 Act.
SECTION 11. ORB 135.265, as amended by section 9 of this 2009 Act, is amended to read:
135.265. (1) If the defendant is not released on personal recognizance under ORS 135.255, or
granted conditional release under ORS 135.260, or fails to agree to the provisions of the conditional
release, the magistrate shall set a security amount that will reasonably assure the defendant's ap~
pearance. The defendant shall execute the security release in the amount set by the magistrate.
(2) The defendant shall execute a release agreement and deposit with the clerk of the court
before which the proceeding is pending a sum of money equal to 10 percent of the security amount,
but in no event shall such deposit be less than $25. The clerk shall issue a receipt for the sum de-
posited. Upon depositing this sum the defendant shall be released from custody subject to the con-
dition that the defendant appear to answer the charge in the court having jurisdiction on a day
certain and thereafter as ordered by the court until discharged or final order of the court. Once
security has been given and a charge is pending or is thereafter filed in or transferred to a court
of competent jurisdiction the latter court shall continue the original security in that court subject
to ORB 135.280 and 135.285. When conditions of the release agreement have been performed and the
defendant has been discharged from all obligations in the cause, the clerk of the court shall return
to the person shown by the receipt to have made the deposit, unless the court orders otherwise, 85
percent of the sum which has been deposited and shall retain as security release costs 15 percent,
but not less than $5 nor more than $200, of the amount deposited. The interest that has accrued
on the full amount deposited shall also be retained by the clerk. The amount retained by the clerk
of a circuit court shall be paid over as directed by the State Court Administrator for deposit in.the
Criminal Fine and Assessment Account created under ORS 137.300. The amount retain~d by a jus-
tice of the peace shall be deposited in the county treasury. The amount retained by the clerk of a
municipal court shall be deposited in the municipal corporation treasury. At the request of the de-
fendant the court may order whatever amount is repayable to defendant from such security amount
to be paid to defendant's attorney of record.
(3) Instead of the security deposit provided for in subsection (2) of this section the defendant
may deposit with the clerk of the court an amount equal to the security amount in cash, stocks,
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Page 12
bonds, or real or personal property situated in this state with equity not exempt owned by the de-
fendant or sureties worth double the amount of security set by the magistrate. The stocks, bonds,
real or personal property shall in all cases be justified by affidavit. The magistrate may further ex-
amine the sufficiency of the security as the magistrate considers necessary.
SECTION 12. (I) The amendments to ORS 135.265 by section 11 of this 2009 Act become
operative July 1, 2011.
(2) The amendments to ORS 135.265 by section 11 of this 2009 Act do not affect the
amount of security release costs that may be deducted from security amounts deposited on
or after October 1, 2009, and before July 1, 2011.
THIRD-PARTY COMPLAINT FEE
SECTION 13. (1) When a person files a third-party complaint in a civil action, suit or
proceeding in circuit court, the clerk of the court shall collect from the third-party plaintiff
the same fees, charges and surcharges that would he required of a plaintiff filing the same
complaint in an original action.
(2) When a third-party defendant .files an appearance in a civil action, suit or proceeding
in circuit court, the clerk of the court shall collect the same fees, charges and surcharges
that would be required of a defendant filing the same appearance in an original action.
(3) This section applies only to third-party complaints and appearances filed on or after
October 1, 2009, and before July 1, 2011.
(4) All amounts imposed as fees under this section shall be deposited in the Judicial
System Surcharge Account.
(5) The collections and revenue management program established under ORS 1.204 may
not be reimbursed under ORS 1.204 from amounts imposed under this section.
FILING FEES
SECTION 14. ORS 21.110 is amended to read:
21.110. (1)(a) Except as otherwise provided in this section, at the time of filing in the circuit
court of any civil action, suit or proceeding, including appeals, the clerk of the circuit court shall
collect from the plaintiff, appellant or moving party the sum of l$107J $117 as laJ the flat and uni-
form filing fee for a single party. In addition, at the time of filing any appearance in any such
action, suit or proceeding by any defendant or respondent appearing separately, or upon the part
of defendants or respondents appearing jointly, the clerk shall collect from the party or parties the
sum of l$107J $117 as laJ the flat and uniform filing fee for a single party.
(b) Except as otherwise provided in this section, at the time of filing in the circuit court
of any civil action, suit or proceeding, including appeals, the clerk of the circuit court shall
collect from the plaintiff, appellant or moving party the sum of $117 for each additional party
named in the pleading. In addition, at the time of filing any appearance in any such action,
suit or proceeding by any defendant or respondent appearing separately, or upon the part
of defendants or respondents appearing jointly, the clerk shall collect from the party or
parties the sum of $117 for each additional party named in the pleading.
(2) In the following actions, the clerk of the circuit court shall collect the sum of [$68J $78 as
a flat and uniform filing fee from the plaintiff, appellant or moving party at the time the action is
filed, and shall collect the sum of l$68] $78 as a flat and uniform filing fee from any defendant or
respondent appearing separately, or upon the part of defendants or respondents appearing jointly,
at the time of filing any appearance in the action:
(a) Actions for the recovery of money or damages only when the amount claimed does not ex-
ceed $10,000.
(b) Actions for the recovery of specific personal property when the value of the property claimed
and the damages for the detention do not exceed $10,000.
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Page 13
(c) Actions for the recovery of any penalty or forfeiture, whether given by statute or arising out
of contract, not exceeding $10,000.
(d) Actions to enforce, marshal and foreclose liens upon personal property where the amount
claimed for such liens does not exceed $10,000.
(e) Actions of interpleader, and in the nature of interpleader, when the amount of money or the
value of the property involved does not exceed $10,000.
(D Actions for injunctive relief under ORB chapter 90 when the amount of any damages claimed
does not exceed $10,000.
(3) In any action for the recovery of money or damages, the clerk of the circuit court
shall collect the following sums from the plaintiff at the time the action is filed, and shall
collect the following sums from any defendant or respondent appearing separately, or upon
the part of defendants or respondents appearing jointly, at the time of filing any appearance
in the action:
(a) If the amount claimed is $50,000 or more, and less than $150,000, the clerk of the
circuit court shall collect a fee of $225.
(b) If the amount claimed is $150,000 or more, and less than $500,000, the clerk of the
circuit court shall collect a fee of $275.
(c) If the amount claimed is $500,000 or more, and less than $1 million, the clerk of the
circuit court shall collect a fee of $325.
(d) If the amount claimed is $1 million or more, the clerk of the circuit court shall collect
a fee of $375.
1(3)J (4) The clerk of the court shall collect the sum of $300 as a flat and uniform filing fee from
the petitioner in a proceeding under ORS 181.823 or 181.826, at the time the petition is filed. Fees
collected under this subsection shall be deposited into the Judicial Department Operating Account
established in ORS 1.009.
[(4)J (5) For purposes of lsubsection (2) of] this section, the amount claimed, value of property,
damages or any amount in controversy does not include any amount claimed as costs and disburse.
ments or attorney fees as defined by ORCP 68 A .
l(5)] (6) A pleading or other document shall be filed by the clerk only if the fee required under
this section is paid by the person filing the document, or if a request for a fee waiver or deferral
is granted by the court. No part of any such filing fee shall be refunded to any party. The uniform
fee shall cover all services to be performed by the court or clerk in any such action, suit or pro-
ceeding, except w~ere additional fees are specially authorized by law.
l(6JJ (7) Any plaintiff, appellant, moving party, defendant or respondent that files an action or
appearance that is subject to the filing fees established under subsection (2) or (3) of this section
must include in the caption of the pleading lthe following words: "Claim of not more than $10,000. "]
a statement of the amount claimed.
l(7)J (8) The fees imposed by this section do not apply to:
(a) Protective proceedings under ORS chapter 125;
(b) Proceedings for dissolution of marriage, annulment of marriage or separation;
(c) Filiation proceedings under ORS 109.124 to 109.230;
(d) Proceedings to determine custody or support of a child under ORS 109.103;
(e) Probate, adoption or change of name proceedings;
(0 Proceedings involving dwelling units to which ORS chapter 90 applies and for which the fee
is provided by ORS 105.130; or
(g) Any counterclaim, cross.claim or third.party claim filed by a party who has appeared in the
action or proceeding.
l(BJJ (9) The fees described in this section shall not be charged to a district attorney or to the
Division of Child Support of the Department of Justice for the filing of any case, motion, document,
stipulated order, process or other document relating to the provision of support enforcement ser-
vices as described in ORS 25.080.
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Page 14
SECTION 15. (1) The amendments to ORS 21.110 by section 14 of this 2009 Act apply only
to civil actions, suits and proceedings filed on or after October 1, 2009, and before July 1,
2011.
(2) All fees imposed pursuant to the amendments to ORS 21.110 by section 14 of this 2009
Act shall be deposited in the Judicial System Surcharge Account.
(3) The collections and revenue management program established under ORS 1.204 may
not be reimbursed under ORS 1.204 from fees imposed pursuant to the amendments to ORS
21.110 by section 14 of this 2009 Act.
SECTION 16. ORS 21.110, as amended by section 14 of this 2009 Act, is amended to read:
21.110. (l)[(a)] Except as otherwise provided in this section, at the time of filing in the circuit
court of any civil action, suit or proceeding, including appeals, the clerk of the circuit court shall
collect from the plaintiff, appellant or moving party the sum of l$117J $107 as [theJ a flat and uniform
filing fee [for a single partyJ. In addition, at the time of filing any appearance in any such action,
suit or proceeding by any defendant or respondent appearing separately, or upon the part of de-
fendants or respondents appearing jointly, the clerk shall collect from the party or parties the sum
of [$117J $107 as [theJ a flat and uniform filing fee [for a single partyJ.
l(b) Except as otherwise prouided in this section, at the time of filing in the circuit court of any
civil action, suit or proceeding, including appeals, the clerk of the circuit court shall collect from the
plaintiff, appellant or moving party the sum of $117 for each additional party named in the pleading.
In addition, at the time of filing any appearance in any such action, suit or proceeding by any de-
fendant or respondent appearing separately, or upon the part of defendants or respondents appearing
jointly, the clerk shall collect from the party or parties the sum of $117 for each additional party named
in the pleading. J
(2) In the following actions, the clerk of the circuit court shall collect the sum of l$78J $68 as
a flat and uniform filing fee from the plaintiff, appellant or moving party at the time the action is
filed, and shall collect the sum of l$78J $68 as a flat and uniform filing fee from any defendant or
respondent appearing separately, or upon the part of defendants or respondents appearing jointly,
at the time of filing any appearance in the action:
(a) Actions for the recovery of money or damages only when the amount claimed does not ex-
ceed $10,000.
(b) Actions for the recovery of specific personal property when the value of the property claimed
and the damages for the detention do not exceed $10,000.
(c) Actions for the recovery of any penalty or forfeiture, whether given by statute or arising out
of contract, not exceeding $10,000.
(d) Actions to enforce, marshal and foreclose liens upon personal property where the amount
claimed for such liens does not exceed $10,000.
(e) Actions of interpleader, and in the nature of interpleader, when the amount of money or the
value of the property involved does not exceed $10,000.
(0 Actions for injunctive relief under ORS chapter 90 when the amount of any damages claimed
does not exceed $10,000.
l(3) In any action for the recovery of money or damages, the clerk of the circuit court shall collect
the following sums from the plaintiff at the time the action is filed, and shall collect the following sums
from any defendant or respondent appearing separately, or upon the part of defendants or respondents
appearing jointly, at the time of filing any appearance in the action:J
l(a) If the amount claimed is $50,000 or more, and less than $150,000, the clerk of the circuit court
shall collect a fee of $225. J
l(b) If the amount claimed is $150,000 or more, and less than $500,000, the clerk of the circuit court
shall collect a fee of $275.J
l(c) If the amount claimed is $500,000 or more, and less than $1 million, the clerk of the circuit
court shall collect a fee of $325.J
l(d) If the amount claimed is $1 million or more, the clerk of the circuit court shall collect a fee
of $375.J
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Page 15
[(4)J (3) The clerk of the court shall collect the sum of $300 as a flat and uniform filing fee from
the petitioner in a proceeding under ORS 181.823 or 181.826, at the time the petition is filed. Fees
collected under this subsection shall be deposited into the Judicial Department Operating Account
established in ORS 1.009.
[(5)J (4) For purposes of this section, the amount claimed, value of property, damages or any
amount in controversy does not include any amount claimed as costs and disbursements or attorney
rees as defined by ORCP 68 A.
[(6)J (5) A pleading or other document shall be filed by the clerk only if the fee required under
this section is paid by the person filing the document, or if a request for a fee waiver or deferral
is granted by the court. No part of any such filing fee shall be refunded to any party. The uniform
fee shall cover all services to be performed by the court or clerk in any such action, suit or pro-
ceeding, except where additional fees are specially authorized by law.
[(7)J (6) Any plaintiff, appellant, moving party, defendant or respondent that files an action or
appearance that is subject to the filing fees established under subsection (2) [or (3)J of this section.
must include in the caption of the pleading [a statement of the amount claimedJ the following words:
"Claim of not more than $10,000."
[(8)J (7) The rees imposed by this section do not apply to:
(a) Protective proceedings under ORS chapter 125;
(b) Proceedings for dissolution of marriage, annulment of marriage or separation;
(c) Filiation proceedings under ORS 109.124 to 109;230;
(d) Proceedings to determine custody or support of a child under ORS 109.103;
(e) Probate, adoption or change of name proceedings;
(0 Proceedings involving dwelling units to which ORS chapter 90 applies and for which the fee
is provided by ORS 105.130; or
(g) Any counterclaim, cross-claim or third-party claim filed by a party who has appeared in the
action or proceeding.
[(9)J (8) The fees described in this section shall not be charged to a district attorney or to the
Division of Child Support of the Department of Justice for the filing of any case, motion, document,
stipulated order, process or other document relating to th~ provision of support enforcement ser-
vices as described in ORS 25.080.
SECTION 17. The amendments to ORS 21.110 by section 16 of this 2009 Act become op-
erative July 1, 2011.
SECTION 18. ORS 36.170, as amended by section 26, chapter 860, Oregon Laws 2007, is
amended to read:
36.170. (1) The clerks of the circuit courts shall collect a dispute resolution surcharge at the
time a civil action, suit or proceeding is filed, including appeals. The surcharge shall be collected
from a plaintiff or petitioner at the time the proceeding is filed. The surcharge shall be collected
from a defendant or respondent upon making appearance. The amount of the surcharge shall be:
(a) $6, if the action, suit or proceeding is subject to the filing fees established by ORS 21.110 (1)
or (3), 21.310 or any other filing fee not specifically provided for in this section.
(b) $5, if the action, suit or proceeding is subject to the filing fees established by ORS 21.110 (2)
or 105.130, or if the action is filed in the small claims department of circuit court and the amount
or value claimed exceeds $1,500.
(c) $3, if the action, suit or proceeding is subject to the filing fees established by ORS 21.111.
(d) $2, if the action is filed in the small claims department of circuit court and the amount or
value claimed does not exceed $1,500.
(2) All surcharges collected under this section shall be deposited by the State Court Adminis-
trator into the State Treasury to the credit of the General Fund.
SECTION 19. ORS 36.170, as amended by section 26, chapter 860, Oregon Laws 2007, and sec-
tion 18 of this 2009 Act, is amended to read:
36.170. (1) The clerks of the circuit courts shall collect a dispute resolution surcharge at the
time a civil action, suit or proceeding is filed, including appeals. The surcharge shall be collected
Enrolled House Bill 2287 (HB 2287-B)
Page 16
.
from a plaintiff or petitioner at the time the proceeding is filed. The surcharge shall be collected
from a defendant or respondent upon making appearance. The amount of the surcharge shall be:
(a) $6, if the action, suit or proceeding is subject to the filing fees established by ORS 21.110 (1)
Lor (3)], 21.310 or any other filing fee not specifically provided for in this section.
(b) $5, if the action, suit or proceeding is subject to the filing fees established by ORS 21.110 (2)
or 105.130, or if the action is filed in the small claims department of circuit court and the amount
or value claimed exceeds $1,500.
(c) $3, if the action, suit or proceeding is subject to the filing fees established by ORS 21.111.
(d) $2, if the action is filed in the small claims department of circuit court and the amount or
value claimed does not exceed $1,500.
(2) All surcharges collected under this section shall be deposited by the State Court Adminis-
trator into the State Treasury to the credit of the General Fund.
SECTION 20. (1) The amendments to ORS 36.170 by section 18 of this 2009 Act become
operative October 1, 2009.
(2) The amendments to ORB 36.170 by section 19 of this 2009 Act become operative July
1. 2011.
BENCH PROBATiON FEES AND PROBATION
VIOLATION ASSESSMENTS
SECTION 21. ORS 137.540 is amended to read:
137.540. (1) The court may sentence the defendant to probation subject to the following general
conditions unless specifically deleted by the court. The probationer shall:
(a) Pay supervision fee~, fines, restitution or other fees ordered by the court.
(b) Not use or possess controlled substances except pursuant to a medical prescription.
(c) Submit to testing of br.eath or urine for controlled substance or alcohol use if the probationer
has a history of substance abuse or if there is a reasonable suspicion that the probationer has ille-
gally used controlled substances.
(d) Participa~e in a substance abuse evaluation as directed by the supervising officer and follow
the recommendations of the evaluator if there are reasonable grounds to believe there is a history
of substance abuse.
(e) Remain in the State of Oregon until written permission to leave is granted by the Depart.
ment of Corrections or a county community corrections agency.
(0 If physically able, find and maintain gainful full-time employment, approved schooling, or a
full-time combination of both. Any waiver of this requirement must be based on a finding by the
court stating the reasons for the waiver.
(g) Change neither employment nor residence without prior permission from the Department of
Corrections or a county community corrections agency.
(h) Permit the parole and probation officer to visit the probationer or the probationer's work
site or residence and to conduct a walk-through of the common areas and of the rooms in the resi-
dence occupied by or under the control of the probationer.
(i) Consent to the search of person, vehicle or premises upon the request of a representative of
the supervising officer if the supervising officer has reasonable grounds to believe that evidence of
a violation will be found, and submit to fingerprinting or photographing, or both, when requested
by the Department of Corrections or a county community corrections agency for supervision pur-
poses.
U) Obey all laws, municipal, county, state and federal.
(k) Promptly and truthfully answer all reasonable inquiries by the Department of Corrections
or a county community corrections agency.
(L) Not possess weapons, firearms or da.ngerous animals.
Enrolled House Hill 2287 (HB 2287-H)
Page 17
(m) If recommended by the supervlsmg officer, successfully complete a sex offender treatment
program approved by the supervising officer and submit to polygraph examinations at the direction
of the supervising officer if the probationer:
(A) Is under supervision for a sex offense under ORS 163.305 to 163.467;
(B) Was previously convicted of a sex offense under ORS 163.305 to 163.467; or
(C) Was previously convicted in another jurisdiction of an offense that would constitute a sex
offense under ORS 163.305 to 163.467 if committed in this state.
(n) Participate in a mental health evaluation as directed by the supervising officer and follow
the recommendation of the evaluator.
(0) Report as required and abide by the direction of the supervising officer.
(p) If required to report as a sex offender under ORS 181.596, report with the Department of
State Police, a chief of police, a county sheriff or the supervising agency:
(A) When supervision begins;
(B) Within 10 days of a change in residence;
(C) Once each year within 10 days of the probationer's date of birth;
(D) Within 10 days of the first day the person works at, carries on a vocation at or attends an
institution of higher education; and
(E) Within 10 days of a change in work, vocation or attendance status at an institution of higher
education.
(2) In addition to the general conditions, the court may impose any special conditions of pro-
bation that are reasonably related to the crime of conviction or the needs of the probationer for the
protection of the public or reformation of the probationer, or both, including, but not limited to, that
the probationer shall:
(a) For crimes committed prior to November 1, 1989, and misdemeanors committed on or after
November 1, 1989, be confined to the county jailor be restricted to the probationer's own residence
or to the premises thereof, or be subject to any combination of such confinement and restriction,
such confinement or restriction or combination thereof to be for a period not to exceed one year
or one-half of the maximum period of confinement that could be imposed for the offense for which
the defendant is convicted, whichever is the lesser.
(b) For felonies committed on or after November 1, 1989, be confined in the county jail, or be
subject to other custodial sanctions under community supervision, or both, as provided by rules of
the Oregon Criminal Justice Commission.
(c) For crimes committed on or after December 5, 1996, sell any assets of the probationer as
specifically ordered by the court in order to pay restitution.
(3) When a person who is a sex offender is released on probation, the court shall impose as a
special condition of probation that the person not reside in any dwelling in which another sex
offender who is on probation, parole or post-prison supervision resides, without the approval of the
person's supervising parole and probation officer, or in which more than one other sex offender who
is on probation, parole or post. prison supervision resides, without the approval of the director of the
probation agency that is supervising the person or of the county manager of the Department of
Corrections, or a designee of the director or manager. As soon as practicable, the supervising parole
and probation officer of a person subject to the requirements of this subsection shall review the
person's living arrangement with the person's sex offender treatment provider to ensure that the
arrangement supports the goals of offender rehabilitation and community safety. As used in this
subsection:
(a) "Dwelling" has the meaning given that term in ORS 469.160.
(b) "Dwelling" does not include a residential treatment facility or a halfway house.
(c) "Halfway house" means a publicly or privately operated profit or nonprofit residential facil-
ity that provides rehabilitative care and treatment for sex offenders.
(d) "Sex offender" has the meaning given that term in ORS 181.594.
(4)(a) If the person is released on probation following conviction of a sex crime, as defined in
ORS 181.594, or an assault, as defined in ORS 163.175 or 163.185, and the victim was under 18 years
Enrolled House Bill 2287 (HB 2287-8)
Page 18
of age, the court, if requested by the victim, shall include as a special condition of the person's
probation that the person not reside within three miles of the victim unless:
(A) The victim resides in a county having a population of less than 130,000 and the person is
required to reside in that county;
(B) The person demonstrates to the court by a preponderance of the evidence that no mental
intimidation or pressure was brought to bear during the commission of the crime;
(C) The person demonstrates to the court by a preponderance of the evidence that imposition
of the condition will deprive the person of a residence that would be materially significant in aiding
in the rehabilitation of the person or in the success of the probation; or
(D) The person resides in a halfway house. As used in this subparagraph, "halfway house" means
a publicly or privately operated profit or nonprofit residential facility that provides rehabilitative
care and treatment for sex offenders.
(b) A victim may request imposition of the special condition of probation described in this sub.
section at the time of sentencing in person or through the prosecuting attorney.
(c) If the court imposes the special condition of probation described in this subsection and if at
any time during the period of probation the victim moves to within three miles of the probationer's
residence, the court may not require the probationer to change the probationer's residence in order
to comply with the special condition of probation.
(5) When a person who is a sex offender, as defined in ORS 181.594, is released on probation,
the Department of Corrections or the county community corrections agency, whichever is appro-
priate, shall notify the chief of police, if the person is going to reside within a city, and the county
sheriff of the county in which the person is going to reside of the person's release and the conditions
of the person's release.
(6) Failure to abide by all general and special conditions imposed by the court and supervised
by the Department of Corrections or a county community corrections agency may result in arrest,
modification of conditions, revocation of probation or imposition of structured, intermediate sanc-
tions in accordance with rules adopted under ORS 137.595.
(7) The court may order that probation be supervised by the court. If the court orders
that probation be supervised by the court, the defendant shall pay a fee of $100 to the court.
Fees imposed under this subsection in the circuit court shall be deposited by the clerk of the
court in the Judicial System Surcharge Account. Fees imposed in a justice court under this
subsection shall be paid to the county treasurer. Fees imposed in a municipal court under
this subsection shall be paid to the city treasurer.
[(7)J (8) The court may at any time modify the conditions of probation.
l(B)J (9) A court may not order revocation of probation as a result of the probationer's failure
to pay restitution unless the court determines from the totality of the circumstances that the pur-
poses of the probation are not being served.
[(9)J (10) It is not a cause for revocation of probation that the. probationer failed to apply for
or accept employment at any workpla.ce where there is a labor dispute in progress. As used in this
subsection, "labor dispute" has the meaning for that term provided in ORS 662.010.
(11) If the court determines that a defendant has violated the terms of probation, the
court shall impose a $25 assessment against the defendant. The assessment becomes part
of the judgment and may be collected in the same manner as a fine. Assessments imposed
under this subsection in the circuit court shall be deposited by the clerk of the court in the
Judicial System Surcharge Account. Assessments imposed in a justice court under this sub-
section shall be paid to the county treasurer. Assessments imposed in a municipal court
under this subsection shall be paid to the city treasurer.
lOO)] (12) As used in this section, "attends," "institution of higher education," "works" and
"carries on a vocation" have the meanings given those terms in ORS 181.594.
SECTiON 22. (1) The amendments to ORS 137.540 by section 21 of this 2009 Act apply only
to orders of probation and probation violation detenninations made on or after October 1,
2009, and berore July 1, 2011.
Enrolled House Bill 2287 (HB 2287-B)
Page 19
.
(2) The collections and revenue management program established under ORS 1.204 may
not be reimbursed under ORS 1.204 from assessments imposed by a court under the amend~
ments to ORS 137.540 by section 21 of this 2009 Act.
SECTION 23. ORS 137.540, as amended by section 21 of this 2009 Act, is amended to read:
137.540. (1) The court may sentence the defendant to probation subject to the following general
conditions unless specifically deleted by the court. The probationer shall:
(a) Pay supervision fees, fines, restitution or other fees ordered by the court.
(b) Not use or possess controlled substances except pursuant to a medical prescription.
(c) Submit to testing of breath or urine for controlled substance or alcohol use if the probationer
has a history of substance abuse or if there is a reasonable suspicion that the probationer has ille-
gally used controlled substances.
(d) Participate in a substance abuse evaluation as directed by the supervising officer and follow
the recommendations of the evaluator if there are reasonable grounds to believe there is a history
of substance abuse.
(e) Remain in the State of Oregon until written permission to leave is granted by the Depart-
ment of Corrections or a county commun~ty corrections agency.
(f) If physically able, find and maintain gainful full-time employment, approved schooling, or a
full-time combination of both. Any waiver of this requirement must be based on a finding by the
court stating the reasons for the waiver.
(g) Change neither employment nor residence without prior permission from the Department of
Corrections or a county community corrections agency.
(h) Permit the parole and probation officer to visit the probatiOner or the probationer's work
site or residence and to conduct a walk-through of the common areas and of the rooms in the resi-
dence occupied by or under the control of the probationer.
(i) Consent to the search of person, vehicle or premises upon the request of a representative of
the supervising officer if the supervising officer has reasonable grounds to believe that evidence of
a violation will be found, and submit to fingerprinting or photographing, or both, when requested
by the Depa:l"tment of Corrections or a county community corrections agency for supervision pur-
poses.
(j) Obey all laws, municipal, county, state and federal.
(k) Promptly and truthfully answer all reasonable inquiries by the Department of Corrections
or a county community corrections agency.
(L) Not possess weapons, firearms or dangerous animals.
(m) If recommended by the supervising officer, successfully complete a sex offender treatment
program approved by the supervising officer and submit to polygraph examinations at the direction
of the supervising officer if the probationer:
(A) Is under supervision for a sex offense under ORB 163.305 to 163.467;
(B) Was previously convicted of a sex offense under ORS 163.305 to 163.467; or
(C) Was previously convicted in another jurisdiction of an offense that would constitute a sex
offense under ORS 163.305 to 163.467 if committed in this state.
(n) Participate in a mental health evaluation as directed by the supervising officer and follow
the recommendation of the evaluator.
(0) Report as required and abide by the direction of the supervising officer.
(p) If required to report as a sex offender under ORS 181.596, report with the Department of
State Police, a chief of police, a county sheriff or the supervising agency:
(A) When supervision begins;
(B) Within 10 days of a change in residence;
(C) Once each year within 10 days of the probationer's date of birth;
(D) Within 10 days.of the first day the person works at, carries on a vocation at or attends an
institution of higher education; and
(E) Within 10 days of a change in work, vocation or attendance status at an institution of higher
education.
Enrolled House Bill 2287 (HB ~287-B)
Page 20
(2) In addition to the general conditions, the court may impose any special conditions of pro-
bation that are reasonably related to the crime of conviction or the needs of the probationer for the
protection of the public or reformation of the probationer, or both, including, but not limited to, that
the probationer shall:
(a) For crimes committed prior to November 1, 1989, and misdemeanors committed on or after
November 1, 1989, be confined to the county jailor be restricted to the probationer's own residence
or to the premises thereof, or be subject to any combination of such confinement and restriction,
such confinement or restriction or combination thereof to be for a period not to exceed one year
or one-half of the maximum period of confinement that could be imposed for the offense for which
the defendant is convicted, whichever is the lesser.
(b) For .felonies committed on or after November 1, 1989, be confined in the county jail, or be
subject to other custodial sanctions under community supervision, or both, as provided by rules of
the Oregon Criminal Justice Commission.
(c) For crimes committed on or after December 5, 1996, sell any assets of the probationer as
specifically ordered by the court in order to pay restitution.
(3) When a person who is a sex offender is released on probation, the court shall impose as a
special condition of probation that the person not reside in any dwelling in which another sex
offender who is on probation, parole or post-prison supervision resides, without the approval of the
person's supervising parole and probation officer, or in which more th~n one other sex offender who
is on probation, parole or post-prison supervision resides, without the approval of the director of the
probation agency that is supervising the person or of the county manager of the Department of
Corrections, or a designee of the director or manager. As soon as practicable, the supervising parole,
and probation officer of a person subject to the requirements of this subsection shall review the
person's living arrangement with the person's sex offender treatment pr.ovider to ensure that the
arrangement supports the goals of offender rehabilitation and community safety. As used in this
subsection:
(a) "Dwelling" has the meaning given that term in ORS 469.160.
(b) "Dwelling" does not include a residential treatment facility or a halfway house.
(c) "Halfway house" means a publicly or privately operated profit or nonprofit residential facil-
ity that provides rehabilitative care and treatment for sex offenders.
(d) "Sex offender" has the meaning given that term in ORS 181.594.
(4)(a) If the person is released on probation following conviction of a sex crime, as defined in
ORS 181.594, or an assault, as defined in ORS 163.175 or 163.185, and the victim was under 18 years
of age, the court, if requested by the victim, shall include. as a special condition of the person's
probation that the person not reside within three miles of the victim unless:
(A) The victim resides in a county having a population of less than 130,000 and the person is
required to reside in that county;
(B) The person demonstrates to the court by a preponderance of the evidence that no mental
intimidation or pressure was brought to bear during the commission of the crime;
(C) The person demonstrates to the court by a preponderance of the evidence that imposition
of the condition will deprive the person of a residence that would be materially significant in aiding
in the rehabilitation of the person or in the success of the probation; or
(D) The person resides in a halfway house. As used in this subparagraph, "halfway house" means
a publicly or privately operated profit or nonprofit residential facility that provides rehabilitative
care and treatment for sex offenders.
(b) A victim may request imposition of the special condition of probation described in this sub-
section at the time of sentencing in perso.n or through the prosecuting attorney.
(c) If the court imposes the special condition of probation described in this subsection and if at
any time during the period of probation the victim moves to within three miles of the probationer's
residence, the court may not require the probationer to change the probationer's residence in order
to comply with the special condition of probation.
Enrolled House Bill 2287 (HB 2287-B)
Page 21
(5) When a person who is a sex offender, as defined in ORS 181.594, is released on probation,
the Department of Corrections or the county community corrections agency, whichever is appro~
priate, shall notify the chief of police, if the person is going to reside within a city, and the county
sheriff of the county in which the person is going to reside of the person's release and the conditions
of the person's release.
(6) Failure to abide by all general and special conditions imposed by the court and supervised
by the Department of Corrections or a county community corrections agency may result in arrest,
modification of conditions, revocation of probation or imposition of structured, intermediate sanc-
tions in accordance with rules adopted under ORS 137.595.
l(7) The court may order that probation be supervised by the court. If the court orders that pro-
bation be supervised by the court, the defendant shall pay a fee of $100 to the court. Fees imposed
under this subsection in the circuit court shall be deposited by the clerk of the court in the Judicial
System Surcharge Account. Fees imposed in a justice court under this subsection shall be paid to the
county treasurer. Fees imposed in a municipal court under this subsection shall be paid to the city
treasurer. J
[(8)J (7) The court may at any time modify the conditions of probation.
[(9)J (8) A court may not order revocation of probation as a result of the probationer's failure
to pay restitution unless the court determines from the totality of the circumstances that the pur.
poses of the probation are not being served.
l(10)J (9) It is not a cause for revocation of probation that the probationer failed to apply for
or accept employment at any workplace where there is a labor dispute in progress. As used in this
subsection, "labor dispute" has the meaning for that term provided in ORS 662.010.
l(ll) If the court determines that a defendant has violated the terms of probation, the court shall
impose a $25 assessment against the defendant. The assessment becomes part of the judgment and may
be collected in the same manner as a fine. Assessments imposed under this subsection in the circuit
court shall be deposited by the clerk of the court in the Judicial System Surcharge Account. Assess-
ments imposed in a justice court under this subsection shall be paid to the county treasurer. Assess-
ments imposed in a municipal court under this subsection shall be paid to the city treasurer. J
l(12)J (10) As used in this section, "attends," "institution of higher education," "works" and
"carries on a vocation" have the meanings given those terms in ORS 181.594.
SECTION 24. (1) The amendments to ORS 137.540 by section 23 of this 2009 Act become
operative July 1, 2011.
(2) The amendments to ORS 137.540 by section 23 of this 2009 Act do not affect any fee
or assessment that was added to a judgment under ORS 137.540 before July 1, 2011.
PROBATE ACCOUNTING FEES
SECTION 25. (1) In a court with probate jurisdiction, the clerk shall charge and collect
the following fees for an annual or final accounting filed in a probate proceeding or a
conservatorship proceeding on or after October 1, 2009, and before July 1, 2011:
(a) If the amount of the estate is not more than $500,000, a fee of $100.
(b) If the amount of the estate is more than $500,000 and not more than $1 million, a fee
of $200.
(c) If the amount of the estate is more than $1 million, a fee of $300.
(2) In determining fees under subsection (1) of this section in a probate proceeding, the
amount of a settlement in a wrongful death action brought for the benefit of the decedent's
surviving spouse or dependents is not part of the estate.
(3) All fees imposed under this section in a circuit court shall be deposited in the Judicial
System Surcharge Account. All fees imposed by a county court under this section shall be
paid to the county treasurer.
(4) The collectic;ms and revenue management program established under ORS 1.204 may
not be reimbursed under OKS 1.204 from fees imposed under this section.
Enrolled House Bill 2287 (HE 2287-8)
Page 22
DIVERSION PROGRAM ADMINISTRATION FEE
SECTION 26. (1) In addition to the fees provided in ORS 135.921 and 813.240, upon the
filing of a petition for diversion under ORB 135.909 or 813.210, the court shall order the de-
fendant to pay $100 to the court as a program administration fee.
(2) This section applies only to petitions for diversion filed on or after October 1, 2009,
and before July 1, 2011.
(3) Fees imposed under this section in the circuit court shall be deposited by the clerk
of the court in the Judicial System Surcharge Account. Fees.imposed in a justice court under
this section shall be paid to the county treasurer. Fees imposed in a municipal CO~ under
this section shall be paid to the city treasurer.
(4) The collections and revenue management program established under ORS 1.204 may
not be reimbursed under ORS 1.204 from fees imposed under this section.
EXPUNCTION FEE
SECTION 27. (1) In addition to the fee provided in ORS 137.225, upon the filing of an ap-
plication under ORB 137.225 (1), the court shall order the defendant to pay a fee of $250 to
the court.
(2) This section applies only to applications filed under ORS 137.225 (1) on or ~fter Octo-
ber 1, 2009, and before July 1, 2011.
(3) Fees imposed under this section in the circuit court shall be deposited by the clerk
of the court in the Judicial System Surcharge Account. Fees imposed in a justice court under
this section shall be paid to the county treasurer. Fees imposed in a municipal court under
this section shall be paid to the city treasurer.
(4) The collections and revenue management program established under OKS 1.204 may
not be reimbursed under ORS 1.204 from amounts imposed under this section.
ADDITIONAL PARTY FEES IN APPELLATE CASES
SECTION 28. ORS 21.010 is amended to read:
21.010. (1) Except as provided in [subsection (2) of] this section, the appellant in an appeal or the
petitioner in a judicial review in the Supreme Court or the Court of Appeals shall pay a filing fee
of $154 in the ~anner prescribed by ORS 19.265. The respondent in such case and any other person
appearing in the appeal, upon entering first appearance or filing first brief in the court, shall pay
to the State Court Administrator the sum of $154. The party entitled to costs and disbursements on
such appeal shall recover from the opponent the amount so paid.
(2) Except as provided in this section, the appellant in an, appeal or the petitioner in a
judicial review in the Supreme Court or the Court of Appeals shall pay $154 for each addi~
tional person named as an appellant or petitioner. The respondent in such case, and any
other person appearing in the appeal, shall pay $154 to the State Court Administrator for
each additional person named as a respondent. The party entitled to costs and disbursements
on such appeal shall recover from the opponent the amount so paid.
[(2)J (3) Filing and appearance fees may not be assessed in appeals from habeas corpus pro~
ceedings under ORS 34.710, post-conviction relief proceedings under ORS 138.650, juvenile court
,under ORS 419A200 and the involuntary commitment of persons determined to be mentally ill under
ORS 426.135 or persons determined to be mentally retarded under ORS 427.295, or on judicial review
of orders of the Psychiatric Security Review Board under ORS 161.385 (9) or orders of the State
Board of Parole and Post-Prison Supervision.
[(3)J (4) Filing and appearance fees shall be assessed in an appeal from an appeal to a circuit
court from a justice court or municipal court in an action alleging commission of a state offense
Enrolled House Bill 2287 (HB 2287.8)
Page 23
designated as a violation or an action alleging violation of a city charter or ordinance, but not in
an action alleging commission of a state crime.
[(4)J (5) Filing and appearance fees shall only be assessed in an appeal in a contempt proceeding
seeking imposition of remedial sanctions under the provisions of ORS 33.055.
SECTiON 29. (1) The amendments to ORS 21.010 by section 28 or this 2009 Act apply only
to filings and appearances made on or after October 1, 2009, and before July 1, 2011.
(2) All fees imposed under the amendments to ORB 21.010 by section 28 of this 2009 Act
shall be deposited in the Judicial System Surcharge Account.
(3) The collections and revenue management program established under ORS 1.204 may
not be reimbursed under ORS 1.204 from fees imposed under the amendments to ORS 21.010
by section 28 of this 2009 Act.
SECTiON 30. ORS 21.010, as amended by section 28 or this 2009 Act, is amended to read:
21.010. (1) Except as provided in this section, the appellant in an appeal or the petitioner in a
judicial review in the Supreme Court or the Court of Appeals shall pay a filing fee of $154 in the
manner prescribed by ORS 19.265. The respondent in such case and any other person appearing in
the appeal, upon entering first appearance or filing first brief in the court, shall pay to the State
Court Administrator the sum of $154. The party entitled to costs and disbursements on such appeal
shall recover from the opponent the amount so paid.
[(2) Except as provided in this section, the appellant in an appeal or the petitioner in a judicial
review in the Supreme Court or the Court of Appeals shall pay $154 for each additional person named
as an appellant or petitioner. The respondent in such case, and any other person appearing in the ap-
peal, shall pay $154 to the State Court Administrator for each additional person named as a respond-
ent. The party entitled to costs and disbursements on such appeal shall recover from the opponent the
amount so paid. J
l(3)J (2) Filing and appearance fees may not be assessed in appeals from habeas corpus pro-
ceedings under ORS 34.710, post-conviction relief proceedings under ORS 138.650, juvenile court
under ORS 419A.200 and the involuntary commitment of persons determined to be menfally ill under
ORS 426.135 or persons determined to be mentally retarded under ORS 427.295, or on judicial review
of orders of the Psychiatric Security Review Board under ORS 161.385 (9) or orders of the State
Board of Parole and Post-Prison Supervision.
[(4)J (3) Filing and appearance fees shall be assessed in an appeal from an ap~eal to a circuit
court from a justice court or municipal court in an action alleging commission of a state offense
designated as a violation or an action alleging violation of a city charter or ordinance, but not in
an action alleging commission of a state crime.
l(5)J (4) Filing and appearance fees shall only be assessed in an appeal in a contempt proceeding
seeking imposition of remedial sanctions under the provisions of ORS 33.055.
SECTION 31. The amendments to ORS 21.010 by section 30 of this 2009 Act become op-
erative July 1, 2011.
SETILEMENT CONFERENCE FEE
SECTION 32. (1) In any civil proceeding subject to a fee under ORS 21.110, 21.111, 21.114
or 21.310 in which the parties request a settlement conference before a judge, or in which a
settlement conference before a judge is required by law or by the court, each party partic-
ipating in the conference shall pay a $50 fee to the court before the conference is conducted.
(2) Notwithstanding ORB 3.428 (3), the fee required under subsection (1) of this section
must be paid when parties request a settlement conference through a family law facilitation
program.
(3) The fee imposed under this section applies only to settlement conferences conducted
on or after October 1, 2009, and before July 1, 2011.
(4) All fees imposed under this section shall be deposited in the Judicial System Sur-
charge Account.
Enrolled House Bill 2287 (HB 2287-B)
Page 24
(5) The collections and revenue management program established under ORS 1.204 may
not be reimbursed under ORS 1.204 from fees imposed under this section.
APPELLATE CONTINUANCE FEE
SECTION 33. (1) In any proceeding in the Court of Appeals or Supreme Court, the clerk
~f the court shall collect a fee of $50 from any party filing a motion for continuance or a
motion for an extension of time for the filing of a brief or other document in the proceeding.
(2) The fee imposed under this section applies only to motions filed on or after October
1, 2009, and before July 1, 2011.
(3) All fees imposed under this section shall be deposited in the Judicial System Sur~
charge Account.
(4) The collections and revenue management program established under ORS 1.204 may
not be reimbursed under ORS 1.204 from fees imposed under this section.
COLLECTION ACCOUNT FEES
SECTiON 34. ORS 1.202 is amended to read:
1.202. (1) All circuit courts and appellate courts of this state, and all commissions, departments
and divisions of the judicial branch of state government, shall add a fee of not less than $50 and
not more than [$100J $200 to any judgment that includes a monetary obligation that 'the court or
judicial branch is charged with collecting. The fee shall be added to cover the cost of establishing
and administering an account for the debtor and shall be added without further notice to the debtor
or further order of the court. The fee shall be added only if the court gives the defendant a period
of time in which to pay the obligation after the financial obligation is imposed. Fees under this
subsection shall be deposited in the General Fund.
(2) All circuit courts and appellate courts of this state, and all commissions, departments and
divisions of the judicial branch of state government, that use the Department of Revenue or private
collection agencies shall add a fee to any judgment referred for collection that includes a monetary
obligation that the state court or the commission, department or division is charged with collecting.
The fee shall be added to cover the costs of collection charged by the Department of Revenue or
private collection agency and shall be added to the monetary obligation without further notice to
the debtor or further order of the court. The fee may not exceed the actual costs of collection
charged by the Department of Revenue or private collection agency. Fees under this subsection
shall be deposited in the Judicial Department Collections Account established under ORS 1.204 and
may be used only for the purposes specified in ORS 1.204.
(3) A court may not waive or suspend the fees required to be added to judgments under the
provisions of this section.
SECTiON 35. (1) The amendments to ORS 1.202 by section 34 of this 2009 Act apply only
to judgments entered on or after October 1, 2009, and before July 1, 2011.
(2) Notwithstanding ORS 1.202 (1), all fees imposed under OKS 1.202 (1) after October 1,
2009, and before July 1, 2011, that are in excess of $100 shall be deposited in the Judicial
System Surcharge Account.
(3) The collections and revenue management program established under ORS 1.204 may
not be reimbursed under OKS 1.204 from fees imposed under ORS 1.202 (1) that are in excess
of $100 pursuant to the amendments to ORS 1.202 by section 34 of this 2009 Act.
SECTION 36. ORS 1.202, as amended by section 34 of this 2009 Act, is amended to read:
1.202. (1) All circuit courts and appellate courts of this state, and all commissions, departments
and divisions of the judicial branch of state government, shall add a fee of not less than $50 and
not more than [$200J $100 to any judgment that includes a monetary obligation that the court or
judicial branch is charged with collecting. The fee shall be added to cover the cost of establishing
and administering an account for the debtor and shall be added without further notice to the debtor
Enrolled House Bill 2287 (HB 2287-B)
Page 25
or further order of the court. The fee shall be added only if the court give:;; the defendant a period
of time in which to pay the obligation after the financial obligation is imposed. Fees under this
subsection shall be deposited in the General Fund.
(2) All circuit courts and appellate courts of this state, and all commissions, departments and
divisions of the judicial branch of state government, that use the Department of Revenue or private
collection agencies shall add a fee to any judgment referred for collection that includes a monetary
obligation that the state court or the commission, department or division is charged with collecting.
The fee shall be added to cover the costs of collection charged by the Department of Revenue or
private collection agency and shall be added to the monetary obligation without further notice to
the debtor or further order of the court. The fee may not exceed the actual costs of collection
charged by the Department of Revenue or private collection agency. Fees under this subsection
shall be deposited in the Judicial Department Collections Account established under ORS 1.204 and
may be used only for the purposes specified in ORS 1.204.
(3) A court may not waive or suspend the fees required to be added to judgments under the
provisions of this section.
SECTION 37. (1) The amendments to ORS 1.202 by section 36 of this 2009 Act become
operative on July 1, 2011.
(2) The amendments to ORS 1.202 by section 36 of this 2009 Act do not affect any fee
imposed before July 1, 2011, and all amounts added to judgments under the amendments to
OKS 1.202 by section 36 of this 2009 Act that are collected on or after July 1, 2011, shall
continue to be deposited in the Judicial System Surcharge Account.
EX PARTE ORDER OR JUDGMENT FEE
SECTION 38. (1) in any civil proceeding subject to a fee under ORS 21.110, 21.111, 21.114
or 21.310, the clerk of a circuit court shall collect the sum of $10 for filing or submission of
an ex parte order or judgment for the purpose of signature by the judge and entry.
(2) The fee established under this section may not be collected for filings or submissions
in small claims actions.
(3) The fee imposed under this section applies .only to ex parte orders or judgments riled
or submitted on or after October 1, 2009, and before July 1, 2011.
(4) All fees imposed under this section shall be deposited in the Judicial System Sur-
charge Account.
(5) The collections and revenue management program established under OKS 1.204 may
not be reimbursed under ORS 1.204 from fees imposed under this section.
INTERIM COMMITIEE ON STATE JUSTICE SYSTEM REVENUES
v
SECTION 39. (1) There is created the Interim Committee on State Justice System Re-
venues, consisting of three members of the Senate appointed by the President of the Senate
and three members of the House of Representatives appointed by the Speaker of the House
of Representatives. The Chief Justice of the Supreme Court and the Oregon State Bar shall
designate nonvoting liaisons to the interim committee.
(2) The interim committee shall conduct a review of all existing Judicial Department fees,
fines and surcharges. The review shall identify:
(a) How the current revenue structure was developed, including when fees, fines and
surcharges were imposed and adjusted;
(b) Any deficiencies in the current revenue structure;
(c) All revenues generated under the current revenue structure, including revenues from
fees and charges established by order of the Chief Justice;
(d) The distribution processes for all revenues generated under the existing revenue
structure;
Enrolled House Bill 2287 (HB 2287-8)
Page 26
(e) How revenues generated from fees and surcharges affect low-income individuals;
(f) The feasibility of implementing a program to accelerate and enhance collections of
fines and assessments; and
(g) The feasibility of collecting a portion of outstanding debts through renegotiation of
fines and assessments, or use of community service, in connection with programs such as
Project Clean Slate.
(3) The interim committee shall develop recommendations, including draft legislation, on
improvements to the existing revenue structure. The recommendations should be based on
the following principles:
(a) Simplification of the revenue collection and distribution process, minimization of ad-
ministrative and public costs, and transparency in the revenue collection process;
(b) Preservation of, or improvement to, state judicial system access;
(c) Ensuring legislative oversight of all state judicial system revenue collections, dis-
tribution and use; and
(d) Where practical, aligning justice system access and costs with the revenues collected.
(4) The interim committee shall receive periodic reports from the Judicial Department
on all revenue collected by the department, including revenues from the temporary sur-
charges. and fees imposed under this 2009 Act and revenues from fees and charges established
by order of the Chief Justice, and prepare reports to the Legislative Assembly on the revenue
forecast for those surcharges, fees and charges. If a special session is held during 2010, a
report shall be made to the Seventy-fifth Legislative Assembly within five days after the
special session is convened. In addition, a final report by the committee shall be made to the
Seventy-sixth Legislative Assembly in the manner provided in ORS 192.245.
(5) The interim committee shall receive periodic reports from the Judicial Department
and other justice system entities. The reports shall address the status of the justice system,
including caseloads, the costs of resentencing defendants and other factors affecting the
operating needs of the justice system during the 2009-2011 biennium.
(6) The interim committee shall recommend distribution to justice system entities of
surcharge and fee revenues generated under this 2009 Act.
(7) A majority of the members of the interim committee constitutes a quorum for the
transaction of business.
(8) Official action by the interim committee requires the approval of a majority of the
members of the interim committee.
(9) The President of the Senate shall designate one of the members appointed by the
President to serve as co-chair of the interim committee. The Speaker of the House of Rep-
resentatives shall designate one of the members appointed by the Speaker to serve as co-
chair of the interim committee.
(10) If there is a vacancy for any cause, the appointing authority shall make an appoint-
ment to become immediately effective.
(11) The interim committee shall meet at times and places specified by the call of the
chairperson or of a majority of the members of the interim committee.
(12) The interim committee may adopt rules necessary for the operation of the interim
committee.
(13) The Legislative Fiscal Office, the Legislative Administrator and the Judicial Depart-
ment shall provide administrative support to the interim committee.
(14) All agencies of state government, as defined in ORS 174.111, are directed to assist
the interim committee in the performance of its duties and, to the extent permitted by laws
relating to confidentiality, to furnish such information and advice as the members of the
interim committee consider necessary to perform their duties.
SECTION 40. Section 39 of this 2009 Act is repealed on the date of the convening of the
next regular biennial legislative session.
Enrolled House Bill 2287 (HB 2287.B)
Page 27
CAPTIONS
SECTION 41. The unit captions used in this 2009 Act are provided only for the conven-
ience of the reader and do no~ become part of the statutory law of this state or express any
legislative intent in the enactment of this 2009 Act.
EMERGENCY CLAUSE
SECTION 42. This 2009 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2009 Act takes effect
on its passage.
Passed by House June 26, 2009
Received by Governor:
...................M.,.........
...........2009
Chief Clerk of House
Approved:
........................M.,
.................., 2009
Speaker of House
Passed by Senate June 29, 2009
Governor
Filed in Office of Secretary of State:
President of Senate
.....M.,....................
...........2009
Secretary of State
Enrolled House Bill 2287 (HB 2287-B)
Page 28
2009 MINIMUM BASE-FINE SCHEDULE (MBFS-09)
SCHEDULE OF MINIMUM BASE-FINE AMOUNTS FOR VIOLATION OFFENSES IN OREGON
AS OF OCTOBER 1, 2009
Office of the State Court Administrator
Oregon Judicial Department
TABLE OF CONTENTS
About the Schedule............................................................................. .... ............. ................................... ............. ............
Highlights from the 2009 Legislative Session...............
.................................. 3
Base-Fine Amounts on Citations
CHART 1 - Classified Violations (Generally)................................ .............................................................. .............. 5
CHART 2 - Miscellaneous Violations That Have Special Provisions ........................................................................ g
CHART 3 - Motor-Carrier............ ............ ................................ ................................................................................... 14
CHART 4 - Fish and Wiidlife.... ............ .............. ..... .......... .................. ...... .............. ........................ ............. .............. 18
Explanation for Worksheet Amounts and Calculations .............................................................................................. ..... 19
Detailed Worksheets of Base-Fine, Maximum-Penalty, and Minimum-Sanction Amounts
WORKSHEET 1 - Classified Violations (Generally) ................................................................:................................. 27
WORKSHEET 2 - Violations Subject to Statutory Minimum Fines ............................................................................ 30
WORKSHEET 3 - Unclassified, Specific-Fine Violations .......................................................................................... 32
WORKSHEET 4 - Careless Driving and lliegal U-Turn ............................................................................................. 33
WORKSHEET 5 - Overload, Schedule I ...................................................................................................................35
WORKSHEET 6 - Overioad, Schedule II .................................................................................................................. 36
WORKSHEET 7 - Overload, Scheduie III .................................................................................................................37
WORKSHEET 8 - Fish and Wildlife Violations ............:............................................................................................. 38
ABOUT THE SCHEDULE
Source: The Office of the State Court Administrator (OSCA) provides MBFS-09 pursuant to ORS 153.138.
Effective Date: A temporary surcharge on offenses becomes effective on October 1, 2009, for offenses committed between
October 1, 2009, and June 30, 2011. Sanction amounts in this document include the new $45 offense surcharge on violations
where applicable (all violations except parking). Other changes adding new offenses, making modifications to existing offenses, or
changing distribution of monies paid may not be effective until January 1,2010 (as noted in this document).
Effect on Previous Summaries: The immediate previous schedule to MBFS-09 is MBFS-OB, released December 2007 and
effective January 1, 2008. MBFS-09 supersedes aU previous base-fine schedules and summaries for violations (induding former
schedules using terms like "bail schedule" or "infractions").
Purposes: MBFS-09 provides information on
. minimum amounts that the citing enforcement officer must enter on the citation in the place designated for "base
fine" when charging a person with a violation offense, induding those created by city or county ordinance (see QRS
153.008)
. minimum and maximum amounts courts can impose on conviction
. distribution of amounts paid
The base fine is not the maximum fine a court can impose. It is the fine amount the defendant can pay to resolve the violation
offense without having to do anything else, unless the law or the court requires the defendant to appear. (See ORS 153.061.) The
court can impose a higher fine, up to the maximum statutory sanction, if the law or the court requires the defendant to appear.
Document Format: MBFS-09 indudes worksheets that compute the base fines. Citing officers do not need the worksheets to
know what to write on a citation. The worksheets show the amounts of the various component monetary obligations in the base
fine. Courts can use the worksheets to adjust sanctions and properly disburse moneys. The worksheets show any formula used in
a computed field and the statutory maximum and minimum money sanctions that courts may impose for specific violations.
Assessments Reflected: The amounts shown as "base fines" in MBFS-09 indude
unitary assessment (UA) established by ORS 137.290
. temporary "offense surcharge" (OS) established by Oregon Laws 2009, chapter 659, section 2, (from HB 2287)
. county assessment (CA) established by ORS 137.309
(Note: UA. OS, and CA do not apply to parking offenses. See QRS 153.125 for indusian of UA, OS, and CA in base fine.)
What Base Fines Are Not/Do Not Do: The base fines listed in MBFS-09
. are not security-release amounts, bail, or security-release deposit amounts; they do not affect security-release procedures
under QRS 135.265
. do not include any moneys for restitution or costs
. do not apply to misdemeanors or felonies; Oregon statutory procedures for crimes do not use "base fines"
Where to Find Base-Fine Schedules: MBFS-09 and earlier schedules are posted in PDF on the Oregon Judicial Department's
website-W'lNW.courts.oreaon.Qov/OJD. Click on Materials & Resources. Click on Court Rules. Using the drop-down menu,
select Base Fine Summary under "Schedules.'" Click on View.
HIGHLIGHTS FROM THE 2009 LEGISLATIVE SESSION
Each session, the legislature may create new offenses, change existing classification levels, and modify penalties. The schedule
does not identify all new offenses or track all changes to existing offenses. The following are some of the significant legislative
actions taken during 2009 related to violation offenses. This information is provided for your convenience and is not a substitute
for reading the actual laws.
. Oregon Laws 2009, chapter 659, section 2, creates a temporary offense surcharge of $45 that applies to all violations
(except parking) committed between October 1, 2009, and June 30, 2011. (HB 2287)
. Oregon Laws 2009, chapter 834, effective January 1, 2010, modifies the offense of "operating a molor vehicle while using a
mobile communication device." Prohibits person 18 years of age or older from operating motor vehicle while using a
hand-held mobile communication device except under certain circumstances. Operator under 18 years old cannot use
hands-free or hand-held mobile communication device except under certain circumstances. On the effective date, this
becomes a primary offense (can be the basis for the traffic stop). (HB 2377)
. Oregon Laws 2009, chapter 198, section 1, effective January 1, 2010, modifies Oregon's "move over" law. Expands
offense of "failure to maintain a safe distance from an emergency vehicle or ambulance'" to include ~roadside assistance'"
and ~tow'" vehicles. Sets standard for the speed-reduction option on a highway having two or more lanes for traffic in a
single direction, requiring slowing to a speed that is at least five miles per hour under the posted speed limit. (HB 2040)
. Oregon Laws 2009, chapter 614, effective January 1, 2010, changes offense of ~refusal to take a breath tesf" to ~refusal to
take a test for intoxicants.~ Provides that all fines collected be credited and distributed to the State Police Account.
Applies to offenses committed and citations issued on or after the effective date. (HB 2427)
. Oregon Laws 2009, chapter 498, section 1, effective January 1, 2010, expands "seatbelt" requirements. Requires
operator of motor vehicle to secure passenger under 16 years of age when motor vehicle is operated on premises open to
the public. Requires persons responsible for safety and welfare of child under 16 years of age to secure child on certain all-
terrain vehicles. (SB 579)
. Oregon Laws 2009, chapter 482, section 1, effective January 1, 2010, increases penalty for operating a motorcycle without
a motorcycle endorsement from a Class 8 to a Class A violation. Requires court to suspend fine on condition that person
complete motorcycle education course and obtain motorcycle endorsement within 120 days. (SB 124)
. Oregon Laws 2009, chapter 395, effective June 18, 2009, makes various changes related to commercial driver licenses.
(SB 129)
. Oregon Laws 2009, chapter 452, effective January 1,2010, requires operators and passengers of Class II ATVs to wear
motorcycle helmets if under 18 years old. (S8583)
. Oregon Laws 2009, chapter 99, effective January 1, 2010, authorizes the Oregon Transportation Commission to adopt
rules governing health and safety in roadside rest areas and scenic overlooks that are in ODOT's jurisdiction. Creates
new Class B violation for violating the rules. (HB 2234)
. Oregon Laws 2009, chapter 587, section 4 (operative section), effective January 1, 2010, changes the penalties for
furnishing alcohol to a minor. (HB 3343)
. Oregon Laws 2009, chapter 764, sections 7 and 12, prohibit person from operating manually propelled boat that is 10 feet
or more in lengtl1 without an aquatic invasive species prevention permit. (Class 0 violation.) Applies to operators of
motor boats issued certificate of number whose number expires on or after December 31, 2011. (HB 2220)
. Oregon Laws 2009, chapter 303, effective January 1,2010, prohibits person from launching boat into waters of this state
under certain circumstances related to aquatic species. (Class B violation) (HB 2583)
. Oregon Laws 2009, chapter 490, effective January 1, 2010, requires drivers and occupants to give notice to police officer
immediately after vehicle accident under certain drcumstances. Creates Class A violations of "driver failure to report an
accident'" and "failure of a vehide occupant to make an accident report." (S8314)
A. CLASS A VIOLATION
ON CITATION:
(Includes SPEEDING over 30 mph excess Q[ over 85 mph, but under 100 mph, where legal speed is
65 mph)
INDIVIDUAL
1. Basic
1......... $472.
2 . . . . . . . . . $544.
2. Accident/injury/risk - Substantial contributing factor to an accident resulting in property damage
or injury 2! substantial risk of injury
3. Traffic special zone - For traffic violations only, in a "highway work zone" or posted school zone
or designated "safety corridor"
3. . . . . . . . . $724.
CORPORATION
4. Basic
4.........$868.
5.. . .. .. . $1012.
5. Accident/injury/risk - Substantial contributing factor to an accident resulting in property damage
or injury or substantial risk of injury
6. Traffic special zone - For traffic violations only, in a "highway work zone" or posted school zone
or designated .safety corridor"
INDIVIDUALS AND CORPORATIONS
6. . . . . . . . $1300.
7. *Commercial vehicle speed -In a vehicle that requires a commercial driver license. speed is
. at least1 0 mph greater than is reasonable and prudent under the circumstances. or
. 65 mph or more in a vehide listed in ORS 811.111(1)(b)
7. .. 'Add $42 for
commercial
vehicle speed
B. CLASS B VIOLATION
ON CITATION:
(Includes SPEEDING - 21 to 30 mph excess or 76 to 85 mph where legal speed is 65 mph and
UNCLASSIFIED VIOLATIONS where statute does not specify a classification or a specific.fine
amount for a violation. See ORS 153.015(1).)
INDIVIDUAL
1. Basic
2. AccidenUinjury/risk - Substantial contributing factor to an accident resulting in property damage
or injury .Q! substantial risk of injury
3. Traffic special zone - For traffic violations only, in a Uhighway work zone" or posted school zone
or designated "safety corridor'"
CORPORATION
4. Basic
5. Accident/injury/risk - Substantial contributing factor to an accident resulting in property damage
or injury or substantial risk of injury
6. Traffic special zone - For traffic violations only, in a "highway work zone" or posted school zone
or designated "safety corridor'"
INDIVIDUALS AND CORPORATIONS
7. ""Commercial vehicle speed - In a vehicle that requires a commercial driver license, speed is
. at least10 mph greater than is reasonable and prudent under the circumstances, or
. 65 mph or more in a vehicle listed in ORS 811.111(1)(b)
1......... $287"
2 . . . . . . . . . $323'
3.........$400.
4 . . . . . . . . . $472'
5 . . . . . . . . . $544'
6. . . . . . . . . $724'
7 . . . ""Add $42 for
commercial
vehicle speed
C. CLASS C VIOLATION
ON CITATION:
(In dudes SPEEDING - 11 to 20 mph excess or 66 to 75 mph where legal speed is 65 mph)
INDIVIDUAL
1. Basic
2. Accident/injury/risk - Substantial contributing factor to an accident resulting in property damage
or injury .Q! substantial risk of injury
3. Traffic special zone (for speed only) - Speeding in a "highway work zone~ or posted school zone
or designated "safety corridor"
CORPORATION
4. Basic
5. Accident/injury/risk - Substantial contributing factor to an accident resulting in property damage
or injury .Q! substantial risk of injury
6. Traffic special zone (for speed only) - Speeding in a "highway work zone" or posted school zone
or designated .safety corridor"
INDIVIDUALS AND CORPORATIONS
7. *Commercial vehicle speed - In a vehicle that requires a commercial driver license, speed is
. at Jeast10 mph greater than is reasonable and prudent under the circumstances, or
. 65mph or more in a vehicle listed in ORS 811.111(1)(b)
1 . . .. .. . .. $190.
2. . .. .. .. . $215.
3. .. .. .. .. $251.
4.........$287"
5.........$323.
6.........$400.
7. . . "'Add $42 for
commercial
vehicle speed
D. ClASS 0 VIOLATION
(Indudes SPEEDING -1 to 10 mph excess or any excess spe:ed in a funeral procession)
INDIVIDUAL
1. Basic
2. Accident/injury/risk - Substantial contributing factor to an accident resulting in property damage
or injury or substantial risk of injury
3. Traffic special zone (for speed only) - Speeding in a "highway work zone" or posted school zone
or designated "safety corridor"
CORPORATION
ON CITATION:
1.......... $142
2.......... $154
3.......... $172
4. Basic 4. . . . . . . . . . $190
5. Accident/injury/risk - Substantial contributing factor to an accident resulting in property damage _ 5.......... $215
or injury or substantial risk of injury
6. Traffic .special zone (for speed only) - Speeding in a "highway work zone" or posted 5d1001 zone
or designated "safety corridor"
INDIVIDUALS AND CORPORATIONS
7. *Commercial vehicle speed -In a vehicle that requires a commercial driver license, speed is
. 10 mph more than is reasonable and prudent under the circumstances, or
. 65 mph in a vehicle listed in ORS 811.111(1)(b)
E.
SPECIFiC-FINE VIOLATIONS. Specific-fine violations are punishable by a specific fine set in
statute. The statute does not designate the offense as a misdemeanor or felony or as a Class A, B, C,
'or 0 violation and does not indude a term of imprisonment as a penalty. The base-fine amount is the
fine amount set by statute plus $37 for the unitary assessment, plus $45 for the offense surcharge,
plus the appropriate county assessment under ORS 137.309. See ORS 153.125(3).
(Base-fine amounts for some specific-fine violations are induded in Chart 2 below.)
6. .. .... .. . $251
7... "Add $42 for
commercial
vehicle speed
ON Cll A liON =
Statutory Fine
+ $37 (UA)
+ $45 surcharge
+ County Assessment
for the specific-fine
amount
1. Individual
ON CITATION:
1......... $1148
2. . . . . . . . . $2148
A. TRAFFIC, SPEEDING. Driving 100 mph or greater. See ORS 811.109(5) (See Worksheet 2)
2. Corporation
B. TRAFFIC, REFUSAL TO TAKE TEST FOR INTOXICANTS.' ORS 813.095 (See Worksheet 2)
1. Individual
ON CITATION:
1.......... $648
2......... $1148
2. Corporation
*Note: The offense ~refusal to take a breath test" becomes "refusal to take a test for intoxicants~
effective January 1, 2010. (Or Laws 2009, ch 614, ~ 1)
c. TRAFFIC, CARELESS DRIVING. ORS 811.135 (See Worksheet 4)
ON CITATION;
NOT contributing to an accident (Class B violation):
1. Individual
1. .. .... .. . $287
2. . . . . . . . . . $472
2. Corporation
Contributing to an accident (Class A violation). The base fine for this offense is not enhanced for
contributing to an accident. See ORS 153.128(2):
3. Individual
3........ ..$472
4. . . . . . . . . . $868
4. Corporation
Contributing to an accident AND contributing to serious physical injury or death of a vulnerable user
(Class A violation) :
5. Individual and Corporation
5 . . . . . . "violation,
must appear"
Traffic special zone, no accident. In a ~highway work zone" or posted school zone or designated
~safety corridor" (Class B violation, enhanced for zone):
6. Individual
7. Corporation
Traffic special zone, accident. In a ~highway work zone" or posted school zone or designated
~safety corridor" (Class A violation, enhanced for zone). The base fine for this offense is not enhanced
for contributing to an accident. See ORS 153.126(2):
6. Individual
9. Corporation
6..........$400
7. . . . . . . . . . $724
8. .
. .. . $724
9.........$1300
ON CITATION:
D. TRAFFIC, U-TURN. ORS 811.365 (See Worksheet 4)
NOT contributing to an accident (Class C violation):
1. Individual
2. Corporation
Contributing to an accident (Class B violation). The base fine for this offense is not enhanced for
contributing to an accident. See ORS 153.128(3):
3. Individual
4. Corporation
Traffic special zone, no accident. In a ~highway work zone" or posted school zone or designated
"safety corridor" (Class C violation, enhanced for zone):
5. Individual
6. Corporation
J.......... $190
2..........$287
3. . . . . . . . . . $287
4.... .... ..$472
5.......... $251
6..........$400
Traffic special zone, accident. In a ~highway work zone" or posted school zone or designated
"safety corridor" (Class B violation, enhanced for zone). The base fine for this offense is not enhanced
for contributing to an accident. See ORS 153.128(3):
7. Individual
8. Corporation
7. . . . . . . . . . $400
8......... .$724
ON CITATION:
E. TRAFFIC, PARKING (state offenses only).
1. Class A violations (See Worksheet 2):
a. ORS 811.615, parking in space reserved for person with disabilities, first offense
b. ORS 811.615, parking in space reserved for person with disabilities, second or subsequent
offense
c. ORS 811.625, use of a disabled-person parking permit by nondisabled person
d. ORS 811.627, use of invalid disabled-person parking permit
e. ORS 811.630, misuse of program placard, first offense
f. ORS 811.630, misuse of program placard, second or subsequent offense
2. Class D violations:
a. ORS 811.617, blocking parking space reserved for persons with disabilities (See Worksheet 2)
b. Other (See Worksheet 1):
ORS 811.555, illegal stopping, standing, or parking (many specifics in ORS 811.550)
ORS 811.570. improper parallel parking
ORS 811.575, violating posted parking restrictions on state highway
ORS 811.580, parking on state highway for vending purposes
ORS 811.585, failure to secure parked motor vehide
3. Specific-fine violation: ORS 811.590, unlawful parking in a winter recreation parking area (See
Worksheet 3)
1a. . . . . . . . . $360
lb....... ..$450
1c........ .$450
1d. . . . . . . $450
le.. ...... $360
11.........$450
2a. . . . . . . . . . $50
2b......... .$45
3.. ... . .. . .. $30
F. TRAFFIC, HELMET (unclassified, specific-fine violations only). * (See Worksheet 3)
ORS 814.485, bicycle operator or rider under 16 years of age
ORS 814.486, endangering bicycle operator or passenger
. operator carrying person who is under 16
. parent, guardian, or person responsible for operator/rider who is under 16
ORS 814.534, motor-assisted scooter operator (all ages) .
ORS 814.536, endangering motor-assisted scooter operator (parent/guardian/person responsible for
person under 16)
ORS 814.600, skateboarder, scooter rider, in-line skater under 16 years of age.
.Note: Offenses for failing to wear required headgear on motorcycles, mopeds. and A TVs are
specified as Class C or Class 0 violations under their individual statutes.
G. DOG, MAINTAINING A PUBLIC NUISANCE. ORS 609.095 and 609.990(2). (See Worksheet 3)
H. DRUGS AND ALCOHOL.
1. Unlawful possession of inhalants. ORS 167.808(5)(a) (See Worksheet 3)
a. First offense (unclassified)
b. Second offense is a Class B misdemeanor
2. Unlawful possession of marijuana. ORS 475.864 (See Worksheet 2)
a. Possession of less than one ounce (unclassified)
b. Possession of less than one ounce within 1,000 ft. of a school is a Class C misdemeanor
ON CITATION:
$122
ON CITATION:
$362
ON CITATION:
1a.. .. . . .. . $412
1 b. . . ."Misd., must
appear'"
2a....... ..$648
2b. . . . "Misd., must
appear'"
~
3. Furnishing alcohol to a minor. OLee licensee or employee of licensee who furnishes alcohol to
a minor but does not act knowingly or intentionally. See ORS 471.410 as amended by Or Laws
2009, ch587, ~ 4 (effective January 1,2010) (See Worksheet 2)
3. First offense (Class A violation)
b. Second offense (Class A violation)
C. Third or subsequent offense is a Class A misdemeanor
4. Allow minor to consume alcohol on property. See ORS 471.410 as amended by Or Laws
2009, ch 587, ~ 4. (See Worksheet 2)
a. First offense
b. Second or subsequent offense
3a....... ..$472
3b... ..... .$868
3c. . . .~Misd., must
appear"
4a....... ..$472
4b....... .$1148
A. MOTOR-CARRIER VIOLATIONS OF ORS CHAPTER 825. (See ORS 825.990)
1. Certificate or Permit. Failure to obtain motor-carrier certificate or permit. ORS 825.100 (Class A
violation)
a. Individual
b. Corporation
2. OOOT Rules. Violation of certain Oregon Department of Transportation rules related to
commercial vehicles is a Class A violation, except where agency rule specifies a different level of
violation (as authorized in QRS 153.022). (See OAR chapter 740)
a. Individual; no accident, injury, risk
b. Individual; accident, injury, risk
c. Corporation; no accident, injury, risk
d. Corporation; accident. injury, risk
3. Hazardous Waste. Violation of certain statutes, permits, authority, rules, and process related to
hazardous waste is an unclassified misdemeanor, except where agency rule specifies a different
level of .;olation (as authorized in ORS 153.022). (See OAR chapter 740)
4. Out-of.service. Knowingly violating an out-of-service notice. (Class A misdemeanor)
B. VARIANCE-PERMIT VIOLATIONS. ORS 818.340 as amended by Or Laws 2008, ch 10, ~ 1
1. Pilot,Vehicle or Routing. Number of pilot vehicles or routing. (Class A violation)
ON CITATION:
1a. . . . . .. . . $472
1 b. . . . . . . . . $868
2a........ .$472
2b. . . . . . $544
2c. . . . $868
2d...... ..$1012
3. . . . "Misd., must
appear
4. . . . ~Misd., must
appear"
1... Same as
Chart 1, Sec. A
2. Axle or Tandem-Axle Weight. Violation of weight provision by vehide authorized by permit to
exceed'axle or tandem-axle weights specified in ORS 818.010(1) or (2). (Subject to overload
Schedule II) .
3. Other Weight Provisions. (Subject to overload Schedule I)
4. All Other Variance-Permit Violations: (Class D violation)
c. OVERSIZE. ORS 818.060 and 818.090. Width, height, length - set by statute, administrative rule, or
variance permit.
I
1. Height or Width. ORS 818.420(1)
a. First offense; Class D violation
b. Second offense within one year of first conviction; Class C violation
c. Third or subsequent offense within one year of first conviction; Class B violation
2. Length. ORS 818.420(2). Class D violation
D. OVERLOAD, ELIGIBLE FOR VARIANCE PERMIT. ORS 818.020(4)(a)
Violating maximum weight limits and vehide was eligible for a variance permit. (Class A violation)
E. OVERLOAD, SCHEDULE I. ORS 818.430(1). Applies to violations of ORS 818.020 (violation of
statutory tables), ORS 818.060 (violation of administrative limits), ORS 818.340(6)(c) (violation of
variance permit by certain vehides). (See Worksheet 5)
1. 1,000 Ibs. or less excess
2. 1 ,001 to 2,000 Ibs. excess
2...... Sameas
Chart 3, Sec. F
3...... Sameas
Chart 3, Sec. E
4...... Same as
Chart 1, Sec. D
ON CITATION:
1a.. . .. Same as
Chart 1, Sect. D
1b..... Sameas
Chart 1, Sect. C
1c. . . .. Same as
Chart 1, Sect. B
2...... Same as
Chart 1, Sect. D
ON CITATION:
Same as
Chart 1, Sec. A
ON CITATION:
1. .. .. .. .. . . $92
2.......... $127
3. 2,001 to 3,000 Ibs. excess 3. . . . . $100 + 03~
per excess lb.
4. 3,001 to 4,9991bs. excess 4.....$107+05~
per excess lb.
5. 5,000 Ibs. excess 5... . . . . . . . . $362
6. 5,001 to 7,500 Ibs. excess 6.....$148+13~
per excess lb.
7. 7,501 to 10,000 Ibs. excess 7. . . . . $148 + 15~
per excess lb.
8. 10,001 to 12,500 Ibs. excess 8. . ...$148+19~
per excess lb.
9. More than 12,500 Ibs. excess 9. . . . . $148 + 24~
per excess lb.
Farm Vehicle Fine Reduction. ORS 818.430(2). Applies to vehicles that are registered as farm
vehicles. transporting agricultural products, loaded in the field without benefit of a scale, and no more
than 3000 Ibs. over weicht limit.
1. 1,000 Ibs. or less excess 1.. .. ... . .. . $92
2. 1,001 to 2,000 Ibs. excess 2.......... $112
3. 2,001 to 3.000 Ibs. excess 3. . ... $97+1.5~
per excess lb.
4. Over 3,000 Ibs. excess 4. .. no reduction,
see amts above
F. OVERLOAD, SCHEDULE II. ORS 818.430(3). Applies to offenses under 818.340(6)(b) (violation of ON CITATION:
variance permit on axle or tandem.axle weights). (See Worksheet 6)
1. 100 to 1,499 Ibs. excess 1.....$207+10~
per excess lb.
2. 1,500 to 3,999Ibs. excess 2.....$212+10~
per excess lb.
3. 4,000 to 5,000 Ibs. excess 3. . . . . $248 + 10~
per excess lb.
4. 5,001 to 10,000 Ibs. excess 4. . . . . $398 + 15~
per excess lb.
5. More than 10,000 Ibs. excess 5. . . . . $648 + 30~
per excess lb.
G. OVERLOAD, SCHEDULE III. ORS 818.430(5). Applies to violation of posted weight limits (ORS ON CITATION:
818.040). (See Worksheet 7)
1. 100 to 999 Ibs. excess 1. . . . . $207 + 15~
per excess lb.
2. 1,000 to 2,666 Ibs. excess 2. . ...$212+15~
per excess lb.
3. 2,667 to 5,000 Ibs. excess 3. .. .. $248 + 15~
per excess lb.
4. 5,001 to 10,000 Ibs. excess 4. . . . . $398 + 20~
per excess lb.
5. More than 10,000 Ibs. excess 5. . .. .. .. "Misd.,
must appear".
l(;ij:AA:TI.Ii~TMlD~WIl!QI!IF.Emll:!~T1~,.,st~ense)~t'iiiil~iJ".~~Srdj3pJe(S!(96r5O:1.W-(l\JW1iiI<S.t~
Per ORS 496.992, unless otherwise provided by law or agency rule (under QRS 153.022), a violation ON CITATION:
of wildlife laws and rules is either a
. Class A misdemeanor (with a culpable mental state), or
. Class A violation (without a culpable mental state).
Base-fine amounts for these Class A violations are set by statute (ORS 153.134 and 496.951)
and are not subject to the formula used to determine other base-fine amounts. These base-fine
amounts apply whether the offender is an individual or corporation; they are not subject to the same
enhancements as other Class A violations.
NOTE FOR COURTS: The statutory minimum fine is correspondingly lower than for other Class A
violations.
1. Violations that do not involve taking wildlife, except for violaUons of the nonresident licensing 1...... ..... $75
provisions of ORS 497.102 and 497.121 and the provisions of ORS 496.994
2. Violations that involve taking nongame mammals or game birds and size or quantity limits for fish 2. ..... .... $150
and shellfish, except salmon, steelhead trout, and sturgeon
3. Violations that involve taking salmon, steelhead trout, sturgeon, wildlife not othelWise provided for, J. ........ $299
and all other wildllfe offenses
-
EXPLANATION FOR WORKSHEET AMOUNTS AND CALCULATIONS
GENERAL PROVISIONS
This section has general information about laws that affect sanction amounts for violation offenses. Details on some calculations
follow. The worksheets do not include information on costs for payment plans, collection fees, diversion and other program fees and
assessments, or license reinstatement fees after license sanction.
1. Offense Level.
State laws classify most violation offenses as Class A. B, C, or D violations (Uclassified" violations). If the law that creates a
violation offense does not designate a specific class level but gives a specific fine as the penalty, the offense is a "specific
fine violation" (see ORS 153.015(2)). An wuncJassified" violation is a Class B violation (ORS 153.015(1)), assumed here to be
any violation without a designated class or specific fine.
Various statutes allow state agencies and political subdivisions (for example. cities and counties) to establish lower
classifications and penalties by rule (agency) or ordinance (political subdivision) for some offenses or where state law
provides the sanction ~for any violation of any.. ." rule or ordinance. (See ORS 153.022 and 153.025.)
2. Maximum Fine for Individuals. ORS 153.018(2)
~:~
$720
$360
$180
. $90
Class A violation
Class B violation
Class C violation
Class D violation
3. Maximum Fine for Coroorations. ORS 153.018(3)
Unless otherwise specified in the law creating a violation, the maximum fine for a corporation is twice the maximum fine
amount for an individual.
.
4. Unitary Assessment. ORS 137.290 (does not apply to parking offenses)
Violations generally (except parking)
Violation for speeding in a vehicle that requires a commercial driver license where speed is
either
. at least 10 mph greater than is reasonable and prudent under the circumstances
. 65 mph or more in a motor truck with GVW rating over 10,000 Ibs., a truck tractor with
a GVW rating of more than 8,000 Ibs., or any of various vehicles used for transporting
people listed in ORS 811.111(1)(b)
$37
Additional $42
($3? + $42 enhancement
= $79 total UA)
5. Offense Surcharae. Or Laws 2009. ch 659. S 2 (does not apply to parking offenses)
An offense surcharge of $45 applies to all violations (except parking) committed between October 1, 2009, and June 30,
2011.
6. County Assessmeht. ORS 137.309 (does not apply to parking offenses)
$0 $0 $0
$5 $0 $0
$15 $1 $3
$18 $1 $4
$25 $2 $5
$30 $2 $6
$500 or more $66 $5 $7
,
7. Foundation Amount.
The "foundation amounr is the starting point for calculating the ~base fine" that the officer writes on the citation. Unless
otherwise provided in statute, the foundation amount is 50 percent of the maximum fine for the violation (ORS 153.125(2)).
Different foundation amounts may apply to
. an offense that was a substantial contributing factor to an accident or created a substantial risk of injury to another
person (ORS 153.128),
. an offense committed in a special zone,
. a specific-fine violation (ORS 153.125(3)), or
. an offense with a specific minimum fine that is higher than the foundation amount that would apply if no minimum had
been designated (ORS 153.125(4)).
The worksheets reflect these differences. (Refer to the explanation below for details on foundation amounts in specific
worksheets. )
8. Sase Fine. ORS 153.125, Or Laws 2009, ch 659, !i 2 and !i 2a, ORS 153.134, ORS 496.951
Base fines apply to violation offenses only.
Unless a statute specifies otherwise, the base fine is the sum of the
. foundation amount,
. unitary assessment,
. offense surcharge, and
. county assessment at the foundation.amount level.
Per ORS 153.145, the worksheets round base.fine amounts to the nearest whole dollar. (Refer to the explanation below for
details on base-fine calculations in specific worksheets.)
A number of violation offenses can be created by state agency rule or by local government ordinance or rule. These
offenses are subject to the same formulas used to calculate statutory base fines. (See C?RS 153.008 and 153.125.)
9. Maximum Possible Penaltv. The worksheets include the "maximum possible penalty.~ This is the sum of the maximum
fine, the unitary assessment (enhanced where applicable), the offense surcharge, and the county assessment (at the
maximum fine level). The maximum penalty does not include restitution and costs, which may be imposed in addition to
sanction amounts indicated in the worksheet. (Note: In some instances, the base fine and the maximum possible penalty
may be the same amount.)
10. Minimum Sanction. The worksheets include the "minimum sanction~ -the minimum monetary sanction courts can impose
on conviction. Courts cannot defer, waive, suspend, or reduce the sanction below this amount. The minimum sanction is
typically either 75% or 20% of the base-fine amount (see ORS 153.093); however, some statutes specify higher minimum
penalties. (Refer to the explanation below for details on minimum sanctions in spedfic worksheets.)
11. Minimum~Sanction Distribution. ORS 153.093(3) provides that the "minimum fine" includes unitary and county
assessments. The worksheets, therefore, assume that the "minimum fine" includes those assessments in full (where
mathematically possible) rather than a discounted amount. Or Laws 2009, ch 659, which created the temporary offense
surcharge and expressly made it part of the base fine, did not modify ORS 153.093(3) to spedfically make the offense
surcharge part of the "minimum fine"; therefore, the worksheets discount the offense surcharge to the same extent they
discount the base fine when calculating the minimum sanction. For example, if the minimum sanction is 75% of the base
fine, the minimum sanction includes only 75% of the offense-surcharge amount established in Or Laws 2009, ch 659, ~ 2.
Statutes affecting minimum sanctions vary considerably. Some minimum-sanction amounts are not enough to account for all
assessment, surcharge, and fine amounts and require setting priorities for distributing the amounts among the assessments,
surcharge, and fine. Lacking spedfic statutory priorities, OSCA distributes the minimum sanction as follows:
1st Priority
2nd Priority
3rd Priority
4lh Priority
Unitary assessment
Offense surcharge
County assessment
"Fine" (whatever remains after the assessments and surcharge)
The worksheets reflect these priorities. For example, if the minimum sanction is $37 or less, then all of the money goes to
the unitary assessment. Where calculations result in mathematical conflicts between the county assessment and fine, the
worksheets give priority to the county assessment. For example, if $275 remains after deducting the unitary assessment and
offense surcharge from the minimum sanction total, then the worksheet would show a county assessment of $30, even
though deducting $30 would leave $245 for the fine - an amount in the range where a $25 county assessment would
theoretically apply; deducting a $25 county assessment would leave $250 for the "fine," to which a $30 county assessment
applies.
WORKSHEET 1 - CLASSIFIED VIOLATIONS (GENERALL v)
1. Foundation Amount tColumn "d"l. The foundation amount for these violations is the maximum-fine amount for individuals
or corporations, times one of the following percentages:
~I"C.!!!l!II~
50% 153.125(2) General (basic)
60%
153.128
Substantial contributing factor to an accident that resulted in property damage or personal
injury, or created a substantial risk of injury to another person (excluding "careless driving"
and "illegal U-turn" offenses)
Occurred in highway work zone, posted school zone, or designated safety corridor
80%
153.131
2. Base Fine (Column "h"). The base fine is the sum of the foundation amount, the unitary assessment (enhanced where
applicable), the offense surcharge, and the county assessment (at the foundation-amount Jevel), rounded to the nearest
whole dollar.
3. Minimum Sanction (Column um"). Per ORS 153.093(1 )(a), the minimum sanction for classified violations is generally 75%
of the base-fine amount; however, ORS 811.230(2)(a), 811.235(1 )(a), and 811.483(2)(a) specify that the minimum sanction
for certain violations committed in highway work zones, school zones, and safety corridors is the base-fine amount.
WORKSHEET 2 - VIOLATIONS SUBJECT TO STATUTORY MINIMUM FINES
1. Foundation Amount (Column "d"). The foundation amount for these violations is 50% of the maximum fine for the offense.
The maximum fine is either the maximum fine for the specific class of violation or the fine specified in the statute(s) for a
specific offense.
2. Base Fine (Column "h"). Per.ORS 153.125(4), the base fine is the sum of either the statutory minimum fine or the
foundation amount (whichever is higher), the unitary assessment, the offense surcharge, and the county assessment.
3. Minimum Sanction (Column Um"). The minimum sanction is the sum of the statutory minimum fine, the unitary
assessment, the offense surcharge, and the county assessment.
WORKSHEET 3 - UNCLASSIFIED, SPECIFiC-FINE VIOLATIONS
1. Foundation Amount (Column "c"). The foundation amount for these violations is the specific-fine amount specified in the
offense statute.
2. Base Fine (Column "a"). nie base fine is the sum of the foundation amount, the unitary assessment, the offense
surcharge, and the county assessment (at the foundation-amount level).
3, Minimum Sanction (Column "L"). Per ORS 153.093(1 )(b), the minimum sanction for specific-fine violations is 20% of the
base-fine amount.
WORKSHEET 4 - CARELESS DRIVING AND ILLEGAL U-TURN
1. Foundation Amount (Column "d"). ORS 153.128(1) provides that the foundation amount for offenses that are a substantial
contributing factor to an accident that resulted in property damage or personal injury or that created a substantial risk of injury
to another person is 60% of the maximum fine for the class of violation; however, subsections (2) and (3) specifically exclude
careless driving (ORS 811.135) and illegal U-turn (ORS 811.365) offenses that contributed to an accident. Worksheet 4
calculates the foundation amount for careless driving or illegal U-turn, where the offense contributed to an accident, at
. 50% of the maximum fine (basic), or
. 80% of the maximum fine (offense in a highway work zone, school zone, or safety corridor) for the class of violation,
except where an accident resulting from careless driving contributed to the serious physical injury or death of a
"vulnerable user.~ For contributing to the serious physical injury or death of a vulnerable user, ORS 811.135(3) requires
the court to impose a fine of up to $12,500 but suspend imposition on condition that the defendant meets certain
requirements. This maximum penalty is used to calculate the foundation amount in lieu of the maximum fines that would
normally apply to classified violations.
2. Base Fine (Column "h"). The base fine is the sum of the foundation amount, the unitary assessment. the offense
surcharge, and the county assessment (at the foundation.amount leve!), rounded to the nearest whole dollar. (Note:
Although Worksheet 4 includes a base-fine amount for careless driving contributing to the serious physical injury or death of
,a vulnerable user, this is for information purposes only. The defendant must appear in court and cannot pay a base fine to
avoid appearing.)
3. Minimum Sanction (Column "m"). Per ORS 153.093(1 )(a). the minimum sanction for classified violations is generally 75%
of the base-fine amount; however, ORS 811.230(2)(a), 811 :235(1 )(a), and 811.483(2)(a) specify that the minimum sanction
for certain violations committed in highway work zones, posted school zones. and designated safety corridors is the same as
the base-fine amount.
WORKSHEET 5 - OVERLOAD, SCHEDULE I
Per ORS 818.430(1), the "fine~ for these violations is either a specific amount or a calculated amount based on the number of
excess pounds and a statutory rate per pound within ranges of excess weight. Worksheet 5 is broken into ranges of excess weight
where statutory rates change and where a calculated amount raises the fine to a level where a different county assessment applies.
1. Foundation Amount (Column "d"). The foundation amount is either a specific fine or the number of excess pounds times a
statutory rate per pound. Worksheet 5 shows a specific foundation amount where practical, but typically shows only the
formula for calculating the correct foundation amount.
2. Base Fine (Column "h"). The base fine is the sum of the foundation amount, the unitary assessment, the offense
surcharge, and the county assessment (at the foundation-amount level). The base fine and the maximum penalty are the
same amount, except that the base fine is to be rounded to the nearest whole dollar, while rounding does not apply to the
maximum penalty. Worksheet 5 shows a speCific base-fine amount where practical, but typically shows only the formula for
calculating the correct base-fine amount.
3. Minimum Sanction (Column "k"). Violations of vehicle weight requirements are subject to specific fines; therefore, per
ORS 153.093(1)(b), the minimum sanction is 20% of the base fine. Worksheet 5 shows a specific minimum-sanction amount
where practical, but typically shows only the formula for calculating the correct minimum sanction.
"
.
(Note: The Office of the State Court Administrator has an Excel spreadsheet available that allows the user to input the actual
pounds of excess weight. The spreadsheet will then calculate the actual foundation amount, base-fine, minimum-sanction, and
minimum-sanction distribution amounts for the user.)
WORKSHEET 6 - OVERLOAD, SCHEDULE II
Per ORS 818.430(3), the "fine" for these violations is a specific amount plus a statutory rate per pound; the statute sets both the
specific amount and the rate per pound based on ranges of excess weight. Worksheet 6 is broken into ranges of excess weight
where statutory rates change and where a calculated amount raises the fine to a level where a different county assessment applies.
1. Foundation Amount (Column "d"). The foundation amount is the specific statutory amount for the weight range plus the
actual excess weight times the rate per pound. Worksheet 6 shows only the formula for calculating the correct foundation
amount.
2. Base Fine (Column "h"). The base fine is the sum of the foundation amount, the unitary assessment, the offense
surcharge, and the county assessment (at the foundation-amount level). The base fine and the maximum penalty are the
same amount, except that the base fine is to be rounded to the nearest whole dollar, while rounding does not apply to the
maximum penalty. Worksheet 6 shows only the formula for calculating the correct base-fine amount.
3. Minimum Sanction (Column "k"). Violations of vehide weight requirements are subject to specific fines; therefore, per
ORS 153.093(1)(b), the minimum sanction is 20% of the base fine. Worksheet 6 shows only the formula for calculating the
correct minimum sanction.
(Note: The Office of the State Court Administrator has an Excel spreadsheet available that allows the user to input the actual
pounds of excess weight. The spreadsheet will then calculate the actual foundation amount, base-fine, minimum-sanction, and
minimum-sanction distribution amounts for the user.)
WORKSHEET 7 - OVERLOAD, SCHEDULE III
Per ORS 818.430(5), the "fineH for these offenses is a specific amount plus a statutory rate per pound; the statute sets both the
specific amount and the rate per pound based on ranges of excess weight. Worksheet 7 is broken into ranges of excess weight
where statutory rates change and where a calculated amount raises the fine to a level where a different county assessment applies.
1. Foundation Amount (Column "d"). The foundation amount is the specific statutory amount for the weight range plus the
actual excess weight times the rate per pound. Worksheet 7 shows only the formula for calculating the correct foundation
amount.
2. Base Fine (Column "hill. The base fine is the sum of the foundation amount, the unitary assessment, the offense
surcharge, and the county assessment (at the foundation-amount level). The base fine and the maximum penalty are the
same amount, except that the base fine is to be rounded to the nearest whole dollar, while rounding does not apply to the
maximum penalty. Worksheet 7 shows only the formula for calculating the correct base-fine amount.
3. Minimum Sanction (Column "k"). Violations of vehicle weight requirements are subject to specific fines; therefore, per
ORS 153.093(1 )(b), the minimum sanction is 20% of the base fine. Worksheet 7 shows only the formula for calculating the
correct minimum sanction.
(Note: The Office of the State Court Administrator has an Excel spreadsheet available that allows the user to input the actual
pounds of excess weight. The spreadsheet will then calculate the actual foundation amount, base.fine, minimum.sanction, and
minimum-sanction distribution amounts for the user.)
WORKSHEET 8 - FISH AND WILDLIFE VIOLATIONS
1. Foundation Amount. ORS 496.951 sets specific base-fine amounts for violations of wildlife laws; therefore, there is no
separate foundation amount.
2. Base Fine (Column "b"). The base fine is the specific amount in ORS 496.951.
3. Minimum Sanction (Column "L"). Per ORS 496.992. violations of wildlife laws are either Class A misdemeanors (not
subject to base fines) or Class A violations. The minimum sanction for these Class A violations is 75% of the base.fine
amount (see ORS 153.093(1 )(a)). Note that because ORS 496.951 sets specific base.fine amounts. and the minimum
sanction is 75% of the base fine, the minimum.sanction amounts may not account for the offense-surcharge amount that
applies to other Class A violations.
MM:sh/0geMM001 sh
9/15/09
,.) (h) ,,) ,d) ,,) <0 'g) lIW(h). (i) G) ,k) _(l!). _(inl_ ,,) (0) CPI Cq) '0 C')
(I)MBFS-09 WORKSHEET I, .. ~Iax Founda- UA OS CA LEI'oILA SCFSA CAfor Mn flnliifum UA OS CA "F'n~" 5 LEMLA SCFSA
ClASSIFIED VIOLATIONS (GellCrally) [from Fln~ "00 InCh) In (h) Max anttloo lo(m) lo(m) ID(m) ID(m) tn(p) [nIp)
OfTCTl5e1 Foundalion amouol% on (all Amounl Fine (c)
ba5ic=50~.[lSJ,l1S(2)] (c.b). based "',,' (75%of (m-n-o-p)
Imtl- Accident/injury/risk = 60"/. unaml on ami Q
(lS3.128(1)] in (g) in (g)
I.mtl! - Traffic special zones (for C and
o violations. applies 10 sPftd only)
I)H"'yWorkZonc[811.230].
Z)PostedSclioolZ01\C[81L23S]
3) Designated Safety Corridor [SI 1.483J
[153.131] =80~.
~-Commercial\'ehic1espeed=
+$42 UA enhancemenl(137.290(2)(a)]
CLASS A VIOLATIONS - --
(2),1, Vlol.,lndividual,basic/50"1o 50"/0 5720 5360 Sl1 $4S 53 _$47 52 56 , -" .$35.4: S37.00 533.75 $30,00 5153.15 51.00 5600
(3) A Viol., [ndi\.idual,T 1/60"/. _. 5710 sm SJ7 $45 53 _S544 52 56 , ....... 537.00 533.75 53000 5307.15 51.00 5600
(4)il.!2!..,[ndividU<lI,Typel[/80% 80% 5710 5576 537 $45 56 l1li SS 57 5 - ltmtin-{h jCannolbewaivrd,rrducrd,orsuspendrdlnlowamount
n column (h)
(5)A Viol, [ndividual,basic + Type Ill/ 50% 5710 5360 579 $45 53 -- 52 56 '60 ) ;tf,85;S, 57900 533.75 $15,00 $14775 $2.00 55.00
50%+UAenhanced
(6) A VioL, Individual, Ty~ J + Type 1111 60% $710 $431 579 $45 S3 - 52 SO 566 .. .. $7900 533.75 $3000 529675 52.00 $600
W-",+ UA enhanced
(7) A Viol., Individual. Type II + Type 111 80"10 5710 $576 579 $45 56 - SS 57 560 .. fKrin'in'(b jeannotbe\UI\'rd,reduced,orsuspcndedbelowamount
'80% + UA enhanced nC1llumn{h)
(8)AViol.,Corp,basic/50'l~ 50-/0 $1,440 5710 SJ7 '"'S SO IIIII&SS6S SS 57 S _SI';.5 _S65I! 537.00 533.75 $6600 $514.15 5500 57.00
(9)AViol,C . Ty [/60"/0 60% SI,440 S864 537 $4' S !mIlSI:012 SS 57 '~i=l5JOO sm' 56000 56222S SSOO 5700
fO) A Viol, Corp.. Type 11180"10 80% 51,440 $1.152 537 $45 56 SS 57 $66 51' m' ICannot be waived, reduced, or suspended below amount
In column (h)
(I I) A Viol., Corp , basic + Type 1111 50% SI,440 5710 579 $45 56 SS 57 $66 $1 5790053375 $6600 S50375 5500 $700
500/0+UAenhanccd
(11) A Viol., Corp. Typc 1 + Typc III 1 60% 51,440 5&64 579 $45 56 r-SI:Q!. 5S 57 $61_15790.557900533.75 56600 561175 SSOO 5700
60%+ UAenhanccd
(I 3) il.!!!!. Corp, Typc II +Typc III I 80% 51.440 51,152 579 $4S 56 -- SS 57 5. - fKniliii'"ti annolbewah'rd,reduced,orsuspc:ndcdbelowamounl
80%+UAenhanccd n rolumn (h)
CLASS B VIOLATIONS - -- I I I
(14) B Viol., Individual, basic 1 50% 50% 5360 5180 SJ7 '"" 125 _$28/ 52 SS " - BS2IS:,25 S37.00 533.75 $25.00 5119.50 52.00 $5.00
(l5) B VioL, Individual, T 1/60% 60% "60 5116 537 '" '" t!IIiIiS3::J 52 SS 5J "S242,25 537.00 533.75 525.00 5146.50 52.00 5500
(16).I!.X!!!!.,lndividual,TypeUl80"/o 80"/0 5360 5288 537 $4' 53 - 52 56 53 fAml'iD(b annOlbewah'rd,reduced,orsuspendedbclowamounl
n column (h)
(]1) U!2!.lndividual. basic +Typc 1111 50% 5360 SI80 579 $45 5r filii 52 SS 53 Iiiili S1900 $33.15 525.00 5109.00 52.00 55.00
50%+ UA enllanccd
(18) BVioL,[ndividual, Type I + Type III _. 5360 $2]6 579 $45 m - 52 SS 53 ~ 579.00 533.15 525.00 5136.00 52.00 55.00
f60"/o+UAenhanced
(
(0' (b) (,) (d) (.) (0 (,) a(hl. (i) Ul (k) .(l!). "(m). (0) (0) (p) (q) (n (.)
(I) MBFS-09 WORKSHEET I, ,. Mu Founda- UA OS CA LEJ\lLA SCFSA CA for 'W Minimum UA 0' CA "Ftne"S U:~ILA SCFSA
CLASSIFIED VIOLATIONS (Generdlly) [from Fine lion B In(h) In (h) Max P0Sit61 lo(m) lo(m) io(m) lo(m) In(p) tn(p)
OffenscfFoundationamounl%on (a)] Amount Fine (c) 'OM
bulc-50-;_[153.125(2)] (c.b) ( based based ( (75% of (m-n-o-p)
!!.I!t.!.- Accidenvinjury/risk-60'Y_ roiiliiliil 00=' on ami n
[153.128(1)) in (g) in (g)
Imt.!! - Traffic special zones (for C and restitution C:UlnGt
o violalions, applies 10 speed only) I
1) Hwy Work Zone [811.230].
2) Poslcd School Zone [8]],235]
3) DesignalcdSafclyConidor{811.483] .
!l53.IJII"'SO-J.
!..mL!!! - Commer<:ial '-chicle spero ~
+$42 UA enhancemeni [137.290(2}(a)]
(l9) BVioL,lndividual,Type II + Type 80% $360 S288 '" "5 S3 .. '2 " S3 U' ~~ annot bel'ial~'ed,reduced,orsuspended below amount
1Il/80"1o+ UA enhanced n column (h)
(20)BYI2l.Corp..basic/50"/O 50"10 5720 S36<l S37 '" 'It S2 " 5 - .535;4: 537.00 533.75 530.00 5253.25 52.00 ".00
(21)B \'101. Corp.. Ty 1/60"/0 ~, 5720 "" S37 '" 53_5 S2 " , - .5408: 537.00 533.75 53000 5307,25 5200 5600
(22) B VIol. Corp.. Type 11/80"/0 80"10 5720 5576 S37 '" S6 S5 57 S6 , (Aliifitr<, annol be wal.-ed,rnluced.or suspended below amounl
neolumn(h)
(23).!!..Y!1t!. Corp., basic + Type III I 50% $720 5360 '79 '" S3 S2 S6 S66 ~~ 579,00 533.75 525,00 5247,75 52,00 55,00
50"10+ UA rnhanccd
(24) B Viol. Corp.. Type I + Type 111/ 6<l% 5720 "" 579 5<5 53_ 52 " , Ei 57900 533.75 530.00 5296,75 52.00 "00
60"10+ UA enhanced
(25).!U:.!2!, Corp" Type II +-Typellll 80% 5720 5576 '79 '" S6 - S5 57 , .. ~Afiitiil(~' annOlbewal\'ed.rnluced,orsuspendedbelow.mollnl
80"lo+UAenhanccd n rolllmn (h)
CLASS C VIOLATIONS - - I I I I I
(26) \-'101" Indi\'idual. basic 1 50"/0 50"10 5180 '90 S37 "5 SC8 _51 Sf " 525_S281 .5142.'5 537,00 533.75 518,00 553,75 51.00 "00
(27)C\'IoI.,lndividuaI.Typel/~' ~'o 5180 5108 'J7 "5 '25 _S21 52 S5 525_528 .SI6H2j 537.00 533.75 518.00 57250 51-00 ".00
(28) D:12b. Individual, Type 11/80"10 ,'"" 5180 5H4 S37 "5 S25 -- 52 S5 '~;JjAm',"~ annolbewll\'ed,reduced,orsuspendedbdowamounl
ncolumn(h)
(29) C Viol.. lndividual,basic + Type III I 50% 5180 SOD 579 "5 ,<8 .. SC " 525 _ 579.00 533,75 515,00 $46.25 51.00 53,00
50%+ UA rnhanced
(30)~.lndi\"idual,Typel+Typclll 60% 5180 5108 579 '" S25 -- S2 S5 525 .. IICIi 579.00 533.75 51800 562.00 51.00 "00
/6O"1o+UAenhanced
(31) C \'101., Indi\'idual,Type JI + Type 80% 5180 5144 579 '" S25 - S2 S5 '25 .. ~tin(h annotbew'ah'ed,reduced,orsuspendedbelowamounl
111/80%+ UA enhanced ncolumn(h)
(32)C\'II.,Co'1' ,basic/50% 50% $360 5180 S37 '" 5" _$28 S2 S5 53 _41 .52IS~25 $37.00 533.75 52500 $]19.$0 52.00 55,00
(33)(\-'lol.,C .Ty 1/60% 60% $36<l $216 S37 "5 '25 .." 52 S5 Sl _$4 18S242.'25 537.00 533,75 525.00 5140.50 52.00 55,00
(34) C \-'101" Corp . Type 1I/80% 80"/0 53'" $288 S37 '" 53 - 52 " $3 - rmfin~(1 Innolbewll\'ed,reduced,orSllspendedbelowamollnl
nrolumn(h)
(35) C \'ioJ., Corp., basic + Type Ill/ 50"/0 S36<l 5180 '79 "5 52' .. '2 S5 Sl - U 579.001533,751525,00 5109,00 5200 55,00
50'Yo+UAenh.anced
,
(,) (b) (,) (d) (,) (0 (,) .(Il)H (1) ti> (k) _tl!). U:{m)_ (0) (0) (p) (q) (,) (,)
(I)MBFS-09 WORKSHHT 1, % Mu Founda- VA OS CA LEMLA SCFSA CAfor M' VA 0' CA "Fine" $ LEMLA SCFSA
CLASSIFIED VIOLATIONS (Generally) Ifrom Fine lion In (h) In (h) Max p,," In(m) In(m) in(m) ID(m) In(p) In(p)
OlTcmeJ Foundalion amounl% on: (a)J Amount Fine (c) P...",
!!..!!!s.=S<W_(153.125(2)} (e.b) b=' b=' , '" (75% of (m-n-o.p)
!ll!:L!.- Accidenllinjuryfrisk=60% 00=< onamt 0
[153_l2B(1)) In (g) in (g)
!lI!ill-Trafficspc:cialzones (for Cand
o \'iolations, applies 10 speed only):
1) Hv.'y Work Zone [81 1.230),
2) PosledSchool Zone {811.235] sus~nd.
J)DfiignaledSaf~yCorridor[8]]A8JJ reduce
[153.13I)-SO%
T\'nclll-Commercialvehiclespc:ed ..
+$42 UA enh:mcemcnl [137.290(2)(a)]
(36) C Viol., Corp. Type] + Type llll 60% 5360 5216 '79 545 $25 &II S2 S5 SJ - IS21jr $79.00 533.75 $25.00 $136.00 $2.00 S5,OO
6O"A.+UArnhanced
(37) C \'101" Corp. Typc II + Typc III I 80";' SJ60 5288 '79 545 53 .. 52 50 SJ - ,fAliifiJi. annol b~ \\':Ilnd. rnlucrd. or susprndrd brlow amounl
80"/.+ UA rnhancnl n rolumn (h)
Cl.ASS D VIOLATIONS - - - I I I I
(38) DVlol.. Individual.basic/50% 50% 190 '" 537 "5 '15 HlSl:.t SI 53 SI' _s:i _SI06:5 S37.00 533.75 515.00 52075 51,00 53,00
(39) DVlol.,lndividual,Type 1/60% 60% '00 '" '37 '" SI' lI.l$iS SI " SI' _$'I _SllS~5 S37.00 533.75 515,00 529.75 51,00 53.00
(40) D\'lol ,lndividual,Type II I 80"10 80% '00 m '37 545 "" -- SI 54 "" I l:~h annotbrwah'nI,rnluced,orsusprndrdbrlowamounl
n column (h)
(41) !!..YJ..2l,lndi\'idual.basic + Typc 1Il I 50'.. '00 545 '79 545 515. SI '3 S18_ - 579.00 533,75 515,00 51025 51.00 53,00
50%+UArnhanced
(42)!!..YJ..2l.1ndividual.Typcl+Typclll 60% '90 S54 '79 545 '. SI 54 "" $2, - 579.00 533.75 515.00 519.25 5l.00 53,00
/60%+UAenhanced
(43) D Viol" Individual. Type II +Typc 80% '90 S72 519 545 SIR SI 54 518_ ~m., annot be walvnl,reduced,or suspended brlowamounl
1II/80%+UAenhanced ncolumn(h)
(44)D\'lol,Corp.,basic/50"A. 50";' 5180 '90 '37 545 51_SI SI 54 '25 _,It .Sf42~5 537.001533,75151800 553,75 51.00 54.00
(45) D \'101. C , Typcl/6lW. 60"/' SISO SIOS '37 545 - S2 S5 S25 _$2&/ .S16U25 S37.00 S33.75 S1800 S72.50 51,00 54.00
(46) Q.Y!Q!, Corp. TypcIII SO"/o SO-lo SI80 SI44 '37 545 S25 52 S5 S25 - rmtinT(h annal be wah'nI, reducrd. or suspended brlOw amount
n column (h)
(47) D\'iol"Corp"basic + Type lfll 50% 5t80 500 '79 545 "" SI 54 S25 - 579.00 533.75 515.00 546.25 Sl.OO S3.00
50%+UAenhanced
(48)!!..YJ..2l, Corp,. Typcl+Typclll/ 60% StsO 510S '" 545 525. S2 S5 525_ 1519215 579.00 533.75 518.00 56200 Sl.OO 5400
60%+ UA rnhanced
(49) D \'101., Corp.. Type II +Typc III I 80"/. SI80 5144 '" 545 '. S2 S5 $25 - f'~:mnn'fh annot b~ wahrd, rnlucrd. or suspendrd brlow ,"mount
80%+ UA rnhancro n column (h)
(50) DVlol., Park I ng,b as ic/50% 50% 500 54' 50 SO SO '0 , . . SO 00 '000 5000 533.75 50.00 SO 00
811555.8] 1570, 8] 1575, 8] 1580. and
811585
~ ORS 811.109(5)51:15 anal fincor51.000 rorany classifiedspccding violation inORS 811.109 irlhe person "(as driving 100 mph or more, (See: Workshee:12 for applicable amounts.)
(,) (b) (" (d) (,) (0 (g) .Ch)JII (I) til (k) _(l!)__(m)lII!II (,) (0) (p) (q) (,) ,,)
(I)MBFS-09 WORKSHEET 2 Max Statutory Founda. UA OS CA 1009 LE!\1LA SCFSA CAror M'" UA OS CA "FlneHS LEMLA SCFSA
STATUTORY MINIMUM FINES thai Fine Minimum lion 111'"(" In(h) Mn PClSliIt)le In(m) ID(m} In(m) ID(m) In(p) In(p)
affeclbase-finecalculaliQn,153.125(4) Fine Amount Flne(b) Peu:"'t~
Use if (50"/0 of b) {cord based "',,' ( '" (m-n-o-p)
higher Useir ~rt8). on ami on ami ,,"
lhan(d) higher . "'g' in (g) inclii1iii8
than (c) restitution
,,_
SPEEDING 100 I\IPH OR MORE - --
(2)A Viol.. Speeding 100 mph or greater, 51.000 51.000 5500 S37 ,.s w iii $5 51 5," - - 537,00 $45.00 566.00 51.000,00 55.00 S7.00
811.109(5),lndh'ldual
(J) A Viol., Speeding JOOmph or grealcr. 52.000 52.000 Sl.OOO S37 '" SM Iii $5 51 5," - rS2il48lL S37.00 ~5_00 56600 $2.000.00 55.00 57.00
811.109(5).CorporaUon
REFUSE INTOXICANTS TEST - - IIIIIIII
(4)~,RefusaI1OIakele51ror 51,000 5500 $500 SJ7 "5 " II $5 $7 " II II 537.00 $45.{)O $66.00 5500,00 55.00 57.00
inloxicanl5, 813.095,(sec Or Laws 2009, ForcitaUonsinuedonoraflrrl/l/IO,allflnemonc)'
ch614),lndh'ldual orlhI5orrcn5egoesloOSP,re~ardlessofcltlnlagenC}'
(5) Uncluslfled,Refusal 10 lake lesl for $2.000 51.000 $1,000 m "5 5," II $5 $7 S. II II SJ7.001S45.00IS66OOI51.000001 55.001 $7.00
inloxicants, 81J.09S, (see Or Laws 2009. ordl:lllons Issued 00 orartcr 111/10, all fine rnoney
ch614).Corporatlon or lhls offense e:oes 10 OSP,rq:ardlns of citing agcncy
PARKING VIOLATIO:"lS - - IIIIIIII I I I I
(6) A VIol" Unlawful parking in disabled sno 5190 5300 SO SO 5 . '0 SO 5 . I $0001.5000150.001 SI90,OOI 50,001 $0.00
space,81L615, f1rsloffenst !'-ourt may suspend up loSl40on flndlngofdur and
on\'lndng e,idence lhal com~lling dreumSllnC"
equJresuspensionlnlntrrestsofjusllce
(7)ll.!2!_,Unlawfulparkingindisabkd S720 "50 5300 SO SO " .. 50 SO , . O. SO 00 SO.oo SO 00 S450,00 SO.OO SO.OO
spacc.811,615.sttondorsubseouenl
!illm!t
(8)~.Unlawruluseofdisabled S720 S450 S360 SO SO 5 .. SO SO 5 - Iii SO,OO SO,oo SO,OO S45000 SO.OO SO 00
pennit by nondisabled person, 81 1.625
(9)A\-'inl,Useofin,-a]iddisabledpers,nn 5720 "50 5300 SO SO 5 .. 50 50 .. " - Iii SO 00 5000 SO 00 S450.00 SO 00 SO 00
parl;.ingperrnit,811,627
(10) A Viol ,Misuseofprogr.unplacard, 5720 5\90 5300 SO SO , - SO SO , __5000 5000 5000 Sl9000 50.00 SO.OO
811.630. fintorrense
(I1)A\-'iol.,Misuseofprogr.unplacard, 5720 "50 S360 SO SO S - SO SO , _.'000 $000 5000 S45000 SO.OO SO,OO
811.630,serondorsubseouenlnrrense
(12)D\-'lol.,Blockingadisabledparking 590 $50 545 SO SO 5 . SO SO , t S50 5000 5000 SOOO S5000 SO 00 SO,OO
space,81L617 . .lCounma'suspendonOndln&Orlndigenc~'
(,) (b) (0) (d) (,) to (i) ti> (k) (oj (oj (pj (qJ (,) (.)
(I)MBFS-09 WORKSUEET 2, !\Iu St3tulory Founda- UA OS LEl\ILA SCFSA CAroT UA OS CA "Fine"S LE1'IILA SCFSA
STATUTORY MINIMUM FINES thai Fine Minimum lion In(h) In (h) Mn lo(m) lo(m) lo{m) lo{m) In{p) tn(p)
alTeclbase.finecakulalion,ISJ,I25(4) Fine Amounl F'ne(b)
Use if (50"10 of b) ,,",d based (m-n-o-p)
higher Useif nnaml on amI
than (d) higher io(g) io(g)
than (c)
DRUGS AND ALCOHOL
(lJ)UncJasslfied,Posscssionoflesslhan SI.OOO S500 S500 SJ7 545 S5 " 537.00 5-15.00 566.00 5500.00 $5.00 $7.00
an ounce of marijuana, 47S.864,(wilhin
1000 fl. of school zone is a Cluss C misd.)
(14) A Viol., OLee licensee furnishing sno $350 $360 SJ7 545 53 52 50 50 537.00 S4S00 $3000 $350.00 $2.00 $0.00
akohol 10 a minor, Or Laws 2009.ch 587,
~4 (erretti,-, 1/1110), first offense
(15)A \'101..0LCClica1!iCCfumishing $720 $720 S5 " 50 $37.00 $45,00 $6600 $72000 55.00 57.00
alcol1ol 10 a minoT,Or L:lws 2009.ch 587.
~4 (effective 1/1/10). second offense
(lhird OT subsequenl is a Class A misd.)
(16) Ul1clusilied, Allow minor 10 5720 5350 5360 SJ7 "5 53 52 56 50 S37.OO 545,00 53000 5350.00 5200 S6,00
consume alcohol on propeny, 47IAIO.
f1nloffel1se
(17) Unclassified. Allow minor to 51.000 51.000 S500 S37 "5 S 55 57 .. S31.00 S45.00 "'00 51,00000 55,00 57,00
consume alcohol 00 Jlfopcrty, 471.410.
$tcondorsubseauentoITense
(,) (b) (,) (d) (,) en _f). (h) (i) Ul _(L:)M (m) (0) (0) (p) (q) (,)
(I)MBFS.Q9 WORKSHEETJ, :\lnFlnr Foundll- UA OS CA ~ LE:'oILA SCFSA CAlor Jl.lIiiliiiilm UA OS CA "Flne"S LDILA SCFSA
SELECT UNCLASSIFIED, "SPECIFIC lion 8~F1ne In (g) in(s) Ma~ S:md:lon In(l) In(l) loll) lo(L) In (0) In"(o)
FINE" OFFENSES Amount Fine (b) h,
5ubjecl10 ORS 153.015(2) and Amount 100% of 0 based "",, .), (20% of (L-m-n-o)
153.125(3) specified (b) on amI Dnaml c,where
inlhe in (I) in (I) possible)
offense re$lituuw.
statute ~""" ,-
""""
SNO-PARK - - -
(2) Unlawful parking in awinler 5301 530 SO SOl s - SO SO 5 - .. 5600 50.00 SO 00 50.00 SO 00 50,00
n:crealion parkingan:a. 811.590
UNCLASSIFIED HEUIET VIOLATIONS - - -
(3)Blcycle,814485and814486 S25 S25 SJ7 54S $I' _S122 51 53 S15 _S", _S2~~4_ $24.40 5000 SO 00 5000 5000 SO 00
(4) MOlor-asslsled S(O(ller Optralor, S25 $25 m 54' 515 . SI 53 SIS Sl2 S2440 5000 SO 00 $0,00 SO,OO $0,00
814.534 n nril con\-lcUon, court may nol require payment of
neifper!lOnpro\'esthepeT!lOnhuappro\'edheadllur
bUI ma~'lmpose:aue'Umeulllodsurchart:e)
(5) Endaollerioll motor-uslsted scooler S25 525 S37 545 51 - 51 SJ 515 - IIii S24.40 50.00 SO 00 $000 SO 00 SO 00
operalOr.814,536
(6) Skateboarder, scooter rider. In-line S25 525 S37 545 'IS $122 51 SJ 515 - .. $24.40 $0,00 $0,00 $0.00 SO 00 5000
skater, 814,600
DOGS - - -
(7) Main13ining a public nuisance, 5250 $250 $371545153 - S2 56 SJ - IIiii $37.00 59,00 $15,00 $11.40 $1.00 $3.00
609095 and 609.990(2)
OTHER - - -
(8)lnhalanlorfcnses.167,808(S),!!L!!.. SJOO 5300 '37 54' 53 , S2 56 53 . . 537.00 $900 515.00 521A0 51.00 $3,00
~(sccondorsubscqucnlorrellScisa
Class B misdcmeaoor)
(9) Failure lorcpon aggra\'a1ro animal 51.000 $1.000 S37 54' '" - 55 57 ,~ - IIii 537.00 59.00 $25,00 $158.60 $2.00 55,00
abuse, 68644S.686.99O(3),lndl\'ldual
{lO)Fallurelorepon:I8gravaledal1imal $2.000 52,000 S37 545 S66 .. 55 57 ,~ .. iii S37.00 S9.00 S3000 $353.60 $2,00 $6,0(}
abuse, 686.445,686.990(3),Corp.
)" (b) ),) (d) ),) )0 )g) .(h)1Ilt (i) 0) )k) _ml_ _(rol_ ),' )0) )Pl (q) ),) );,
(1)MBFS-09 WORKSHEET 4, % Max Found,l- UA OS CA ~ LEMLA SCFSA CAfor M.. UA OS CA "Fine"S LEMLA SO-SA
QlfensessubjeclloI53.128(2)and(J) Ifrom Fine lion Ii In(h) In(h) M.. P.ooUilt In(m) in(m) In(m) In(m) In(p) In(p)
OlTense!~~under 153.]25(2) (all Amount Fine (e) Ptnllty,
These are nOl olherw'isc enhanced by (e ~ b) (dfiHg) .."" ..", , r., 7 (75% of (m_n-o--p)
153.128(1). bUl conlinuc 10 be enhanced ~ on amI onanlt "'" Finc(b); 0
aspro\'idcdby153.1JI in(g) iu(g) IOOiJi.:I!!l& ~.'"
I
CARELESS DRIVI:"lG (811.135) - --
(2)AVloJ,lndividual,carelessdriving, 50% 5720 $360 '" '" SJ III 52 " " - 5'1' S37.OO 53375 53000 5253.25 52.00 $6.00
conlribulingloanaccidenl/50%
(J)AVlol,lndividual.carelessdriving. 80% 5720 5576 S37 '" " . 55 51 " . .. annolbewaiv~.rrducrd.orsuspendcdbelowamounl
contributingloanaccidenllntraffic n rolumn (h)
spe<:lalzone/800/_
(4) A Vlol,lndividual,careless driving, 50% 512,500 56,250 S37 S45 '. 55 51 '0< . S4;798'5 537.00 533.75 50600 54.661.75 55,00 57.00
contribuling to an accidc:nl and the serious
injul)fordealhofvulnerableuser*/50%
(5) AVlol Individual. careless driving, 80"/0 512,500 510,000 S37 '" "I 55 51 " II l' 537,00 533.75 56600 57,47425 55,00 57.00
conlribUlinglOanaccidc:nlandlheserious
injUl)fordealhofa\lllnerableuser*Jn
Irafficspe<:Jalzone/800.4
(6) A Vlol,Corp ,carc:1ess driving, 50"10 5J,-M0 5720 S37 '" " - 55 51 '6< 1Iii_ 537.00 533,75 50600 5514.25 55,00 57.00
conlribulingloanaccidenl/50"/o
(7)A Vlol,Col1l.carelessdriving, 80% 51,440 51,152 S37 '" " 5l:3 55 51 " . annol be walved,redllced,or Iuspended belowamounl
conlributingloanaccidenllntraffic ncolllmn(h)
sped.lzone/80%
(8) AVlol.Corp"carc:1essdri\ing, 50"10 525,000 512,500 S37 '" " . 55 51 S. . . 537.00 533.75 50600 59.349.25 55,00 57.00
contribuling 10 an accidc:1u and lhcscrious
injul)f or dealh of\'ulnerable uscr* 150%
(9)~,Corp.,carclessdriving, 80"10 525,000 520,000 S37 '" " II 55 51 , II II 537.00 533,75 56600 514,974.25 55.00 57,00
contribuling 10 an accidenl and lhc serious
injwyordealhofavulnerableuscr-In
Iramcsped.lzone/80"/o
(10)8Vlol,lndi\'idual,can:lessdri\'ing, 50"/0 S360 SJ80 '" '" 52 .. 52 SS S3 - IIiIiI 537.00 533.75 525.00 5119,50 52,00 55,00
NOT contributing \0 an accidCl1I/5~~
(11)8Vlollndividual,carelessdri\'ing, ,.'0% S360 5288 S37 '" S3 . 52 " S3 . .. annol bewah'ed,reduced,or suspe:nded below amount
in a traffic specJalzone NOT n eolumn (h)
contribUling 10 an accidenl/80%
,
(" (hi (,) (d) (,) m (g) 111'(1\). (1) 01 (" _(ll)W _{m>. (0) (0' (p) (q) (" I')
(J)MBFS-09 WORKSHEET 4. % Mu Found.. UA OS CA LEMLA SCFSA CAror Minimum UA OS CA "Flne"S LEMLA SCFSA
OffensessubjeclloI53.128(2)and(J) Irrom Fine lion In (h) In (h) Max In(m) In(m) Infm) In(ro) In(p) In(p)
Offenscl % under 153.125(2) (a}1 Amount "Ine(t)
These are nOI otherwise enhanced by (c.b) '=,d based (75%or (rn-n-o-p)
153.128(1),bul conlinue 10 be enhanced 011 ami on ami "
as provided by 153.131 in(g) ill (g)
, (lI';W$ts:
""""
. "'"
'>ulit..rllbki
ltWr..!;
(12) B Viol Corp., careless driving, NOT 50"/0 $720 53'" 537 545 53 .. 52 56 5 -- $37.00 $33.75 530;00 $253.25 52.00 $6.00
contributing to an accidenl/50%
(13)8\'101 Corp.. cardess driving. in a 80% 5720 5576 Sl7 545 56 . 55 S7 56 Iii annot be wlh'ed,reduced,or suspended belowamounl
tramc special zone NOT cOI1tributing 10 n column (h)
anaccidcm/80%
ILLEGAL U-TURN (811.365) I11III ..
(14)!tll2!., lndividual,illegal U-Tum, 50% 536.0 5180 537 545 525 - 52 IS 53 IIiIII 5HOO 533.75 52500 5119.50 52,00 55,00
eonlribuling 10 an accidc:nl/50%
(15)ll!.!!!..,lndividual,illegalU-Turn, 80% 53'" 5288 537 545 SJ . 52 56 SJ . II Innolbewalve-d,re-duced,orsuspe:ndedbdowamount
conlribulingloanaccidc:mintrlffie n column (h)
Jpedllzone/8D-/o
(16)!U:!2(.. Corp, illegal U-Turn, 50% 5720 SJ'" 537 545 SJ .. 52 56 566 - - 537.00 53375 530.00 5253.25 52.00 56.00
conlribulingloanaecidc:olf50%
(17) Q \'lol"COJp., illegal U_Turn, 800/. 5720 5576 537 545 56 . 55 S7 5... InnOlbe.ulH:d,rrdueed,orsuspe:ndedbelowamounl
conlribulingloanaccidc:nlinlraffie neolumn{h)
spedalzonefgOO/o
(18)C Vlol.,lndividual,i1legal U_Turn. 50"/0 5180 590 537 545 51 - 51 54 S25 - SHOO 53375 518001 55375 noo 54,00
NOTeonlribuling loan aecidenlf50%
(19) C Vlol.. Indiv;dual. illegal U-Turn. 80% 5180 5144 537 545 52 52 55 525 . .. annOI be wah'rd, reduced, or suspended below amounl
NOT conlribuling lO an accidcnlin traffic n column (h)
speclalzone/80%
(20) C \'101.. Corp" illegal U-Turn, NOT 50% SJ60 5180 537 545 52 . 52 55 SJ .. 1$21525 537.00/533,75 525.00 5119.50 52.001 55,00
conlribuling 10 an accidc:m/50o/.
(21) C VIol.. Corp, illegal U-Turn, NOT 80"/0 SJ'" 5288 537 545 SJ . 52 56 SJ .. Ii Innot be....h'rd. rrdueed.or suspended belowamounl
conlribul;ng 10 an accidc:nl;n traffic 'n column (b)
Spe:CIII zone I 800/0
.Vulnerable User - ORS 811 135(3) requires coun to impose but suspend fine on condition thai person completes specified requirements; also requires person to appear
(.) (b) (,) (d) (,) (0 (S) _lh)_ (I) (j) _(k}_ (l) (m) (.) (0) (P) (q)
(I) MBFS.09 WORKSHEET ~ Sln.lghl Cenlsper Foundation UA OS CA , LEMLA smAliil UA OS C,' "Flne"S LEMLA SCFSA
OVERWEIGHT SCHEDULE [. Fine Pound Amount In (h) In (h) San~t1on In (k) lo(k) lo(k) lo(k) In(n) In(n)
818.430(1) Extl/'SS Max
Exces.swcighlinlb:> slraighlfinc (dfe+f+g) b,,,' based'2~); (20!~of (k-L-m-n)
" onamt on amI ~llllno~ f,where
lbs{a).ralc(c) Qrt1a~flne. io(g) in (g) Idef~ possible)
I"Itll.l(l ~
11)11 , ~~.
. I''tiQIt$: reduce
SCIIEDULE I - -
(2) 1,OOOorlcn 55.00 WA S5.00 Sl7 54' 55 1IIIrL~ SO s 1lIIIlIB$\S'!'4" 518.40 SO.OO SO,OO SO,OO 5000 50.00
(3) 1.001-2,000 53000 NIA 53000 S37 545 515 ~ 51 S3~ S25.40 so 00 5000 50.00 5000 50.00
(') 2,001.2.834 NIA 50,03 (a).(e) Sl7 '" SIS .(d+"e1'ftj '1 > .(!!>~ anllin (!;.) so.oo 50.00 50,00 50,00 50.00
(5) 2,835-3,000 W^ S003 (a). (e) Sl7 '" 518 .(d+e'+ff8 51 > E~ 537.00 k.l 50.00 SO,OO SO 00 50.00
(6) 3,001-4,460 W^ S005 (a).(e) Sl7 $4' !25 .(dfe'tffit 52 S5Eh)~ $37,00 $9.00 $5.00 (k-L-m-n) 50.00 $0.00
(7) 4.461-4,999 W^ 5005 (a). (e) S37 54' 525 ~ 52 55 .(N~. 537,00 59.00 5]5.00 (k-L-m-n) 51.00 HOO
(8) '000 NIA 50.05 5250.00 S37 '" " ~ 52 st ~ 537.00 S9,{)(] $]500 5]1.40 51.00 HOO
(9) 5.0Cll.5,169 WA 50.13 (a).(e) "7 '" 56 ~ 55 5 -~)~ 537.00 59.00 518,00 (k-L-m-n) 51.00 54.00
(10) 5,170-7,500 NIA 50.13 (a).(e) S37 545 56 .(d+"c':!:rfi- 55 5 R@l:*.m. 537.00 59,00 525,00 (k-L-m-n) 5200 5500
(II) 7,501-9,713 NIA $015 (a)*(e) "7 545 56 .(d+"etrfj 55 S .~V 537.00 59,00 525,00 (k-L-m-n) 52,00 55,00
(12) 9.714-10,000 NIA 5015 (a).(e) 537 '" 56 .(d+"e':!'ff8 55 5 ~ $37.00 5900 530,00 (k-L-m-n) 52.00 $6.00
(13) 10,ool-I2.soo N,^ 50.19 (a).(e) "7 545 56 .(d+efffg 55 5 .(~)J:&:, 537.00 $9.00 530.00 (k_L_m_n) 52.00 ,.00
(14) 12,501 and over NIA 5024 (a)*(e) 537 54' 56 .(dffifiS. 55 5 .(N~. 537,00 59,00 S6600 (k-L-m-n) $5,00 $7.00
FARM VEHICLE REDUCTION TOSCHEDULE I (818.430(2)) - ..-
(15) 1.000 or less 55,00 NIA 55.00 S37 $45 55~ SO , ~ 51&40 50.00 5000 SO 00 5000 5000
(16) 1,001-2,000 515,00 WA 515.00 S37 '" '15 ~ '1 , ~ 522,..\0 50,00 SO 00 SO.oo $0,00 $0,00
(17) 2,001_3.000 N/A $0.015 (a). (e) S37 '" 515 III""''''' '1 " BCM:.,o.:. amI in (k) 5000 $000 50,00 5000 50.00
(Ig) 3001 and over Noreduelion. Refer 10 6 Ihrough l4above - -
This worksheel applies 10 viola lions of maxi mum weight limits (ORS gl g.020). violalion ofadminislTali"ely imposed weighllimits CORS gl8,060(4)(b)). and ,'iolalion oflhe weigh! provision
ofa ,arianet pennil by
eertain ,'ehic1es (818.340(6)(e))
(0) (b) (0) (d) (0) 10 (,) _(h)WIlII! (i) til _(k}:goo (Ll (m) (0) (0) (p) (q)
(ll MBFS.09 WORKSHEET 6, Stralglit Cents per Foundation UA OS CA = LEMLA SCFSA Mlillm.m~ UA OS CA "Flne"S LEMLA SCFSA
OVERWEIGHT SCHEDULE II, Flnr Pound Amounl BauF1nt1 lo(li) iJl(h} S....... lo(k) io(k) Jo(k) tn(k) In(n) In(n)
818.430(3) Exc~ MIUPenalty
Excesswcighlin lbs. b+(a+c) "~d based , of{h; (20-10 or (It-L-rn-nl
DDaml DO amI f,where
io(g) in (g) possible)
.~-
,..~
SCHEDULE II - ...
(') ]{)o-230 510000 SOlO b+(a"c) '37 ,<5 52' 52 55_ $37.00 (f)"O.l so 00 (k-L-m-n)1 $0.00 $0,00
up 10 S9
(J) 231_479 $10000 $0,]0 b+(a.c) 537 '45 S25 52 S .(b);'0. $37.00 59.00 SOOO (k-L-m-n) 50.00 so 00
(4) 480-1,229 5100.00 50.10 b+(a+c) Sl7 545 m .,-ffg 52 , ~ 537.00 5900 SSOO (It-L-rn-o) so 00 so 00
(5) 1,230-1,499 $100,00 50.10 b+(a.c) 537 545 m ~ 52 , .,h);'O, $37.00 511,00 $IS,OQ (k-L-m.n)! SI.OO $3.00
(6) 1,500-3,429 5100,00 SOlO b+(a+c) 537 545 53 ~ $2 , .(b)b!1o;. 537.00 59.00 51500 (k-L-m-n) 51.00 S300
(7) 3.430-3,999 SIOOOO sOIa b+(a+c) SJ7 545 53 ~ 52 , ~ 537.00 59,00 51800 (k-L-m-n) 51.00 5400
(8) 4.000-5.000 5100,00 50.10 b+(a*c) 537 545 ,~ .(dffi~ 55 , .(b)~: 537.00 S9.OO 51800 (k-L-m-n) Sl.OO 5400
(9) 5.001-8.046 S25000 50.15 b+(a+c) 537 545 56 .'-ffg 55 , ~ 537,00 S9.00 S2SOO (k-l-m-n) S2.00 5S,00
(10) 8.041-10,000 5250,00 50.IS b+(a*c) SJ7 $45 56 ~ 55 , .,h)~ 531,00 5900 53000 (k-l-m_n) 52.00 S600
(II) 10,001 or more 5500,00 SO.30 b+(a+c) 537 545 ,~ .'-ffg 55 , ~ S31,00 5900 'MOO (k-l-m-n) S5.00 57,00
This worksheet applies to variance permit violations !'l:]ated to weight on a~le and tandem axle under ORS 818340(6)(h) Note. however. tbat ORS 818.430(4) provides an e~ception to the
penalties shown
above. !'l:quiring the coun 10 waive the per.pound penalty if the person produces a second valid variance permit: in this case. the ma~imum fine (not including assessmenlS and surcharge)
is SIOO
,,) (b) (0) (d) (,) <0 ,,) _fhl_ (i) (j) _(k)JBlI (Ll 'm) (0) (0) (p) (0)
(J)MBFS.09 WORKSHEET 7, Straight Cenlsper Foundallon UA 0' CA iii LEI\ILA SCFS,\ UA 05 CA "Fine"S LEI\ILA SCFSA
OVER WEIGHT SCHEDULE III , Fine Pound Amount DutlFlMl In(h) In (h) In(k) In(k) In (I;) In(k) In{n) In(n)
gI8.430(5) Exctss Mu:.Pen:iflY
EltCCSS weight in Ibs b+{a*c) (d+-e+r:;tg) "',,' -, (20"/0 of (!;:-L-rn-o)
on ami on ami f,where
r, in (g) io(g) possible)
"
""m
SCHEDULE III - -
(2) 100-153 SIOOOO 5015 b+(a.c) SJ7 545 525 (~ftj 52 55 - 537.00 (1).0.2 5000 (t.L_m_o) 5000 50_00
up 10 S9
(3) '" 319 5100,00 SO,IS b+(a*c) SJ7 54> S25 .'dffi"". 52 55 ~ 537.00 59,00 50,00 (t-L-m-o) 5000 5000
(') no '" 5100,00 SO_IS b+(a.c) S37 545 S25 .(d+e+ffi: 52 S5~ 537.00 5900 55.00 (!;:.L-m-o) 5000 5000
(5) 820-999 5100_00 50_15 b+(a"c) 537 545 S25 .<d+e+f:fj 52 S5~ 537.00 59,00 5]5_00 (k.L-m-n) $1.00 5300
(6) 1,000-2,286 $]00.00 SO,IS b+(a"c) SJ7 "5 S3 .(d+C+[fg 52 , .(h)~O_ $37,00 59,00 515_00 (k-L-m-o) 51,00 53,00
(7) l.281-2,666 5100_00 SO.15 b+(a.c) S37 '" SJ .(d+'e+flg 52 , ~ $37.00 $9,00 518_00 (k-L-m-n) $1.00 5400
(8) 2,667_3,813 5100_00 SO_15 b+(a.c) S37 "5 5~ .(d-to+ffg 55 5 ~ 537.00 5900 51800 (!,-L-m-n) 51.00 5400
(') J,814-S,000 5100_00 $015 h+(a.c) 137 545 56 iIi(d+"e+f~ 55 5 ~ 537.00 $9,00 $2500 (k.L-m-n) S2.00 55.00
(10) S,001-6,OJ4 5250_00 S020 h+(a.c) S37 545 I~ .'_fit 55 5 ~ $37.00 5900 525_00 (k_L._m_n) 52.00 55_00
(II) 6,035-10,000 5250_00 5020 b+(a.c) S37 545 5~ .(d+e+f;tg 55 5 ~ S3700 59,00 530_00 (k-L..m-n) 52_00 56.00
(12) 10,001 or more 5500,00 50_30 b+(a.c) S37 535 56' .. tlhis weight. the offense becomes a misdemeanor and is!!2! subjecllo basc fine or reductions
hepcnallymaybcmonClary(calcubtcdasshownhcre),30-60daysincountyormunicipaljail,
both. (NOle: Offense Sl1l"(:harge on misdemeanors is 535.)
This worksh<<t applies to violation ofposlcd wcighllimilS (ORS 818,040)_
(,)
(I)MBFS-09 WORKSHEET 8.
FISH AND WILDUFE VIOLA T10;.<S'
496.951,496.992(1)
(el Cd) (el (I) (g)
UA OS CA "Fine" S LEM!.A
in (b) in (b) in (h) In(b) inCt)
(b-c-d-e)
(h) <il (m) (") (0) (p) () (,)
SCFSA !\lax UA . OS CA "Fine" 5 LEMLA SCFSA
inCt) Fine in(L) in(L) in(L) In{L) In (0) In (0)
(75% of (L-m-n-o)
S450S,
where
possible)
A
~I
em
;::-
~
(2)'\ \'lol,lndi\'idual,496.951(I)(a) -... SJ7 S3S SO SO SO SO $710 537.00 $19.25 5000 50,00 $0,00 5000
(J)8...Y!Q!.,lndividual,496.9S1(1)(b) ~ SJ7 545 518 $50 51 S4 5720 53700 533.75 51500 52675 51.00 53,00
(4)A VloL.lndividual.496.951(I)(c) IB!lZi 537 545 525 5192 52 55 5720 $37.00 $33.75 52$.00 5]28.50 $1.00 5$.00
(5)~_.COl'Jl_.496.951(1)(a) -... SJ7 S3S SO SO SO SO $1.440 537.00 $19.25 50.00 50,00 SO 00 SO.OO
(6)'\ VloI.Corp.,496.951(1)(b) B!.lJl SJ7 S45 518 550 51 S4 $1,440 537.00 533.75 515.00 526.75 SI.OO 53.00
(7)A Vlol.,Corp.496.951(1)(c) ~ SJ7 S45 S25 5192 52 55 51.440 537.00 $33.75 525,00 $128.50 $2,00 $5,00
Note: ORS 496.95 I sets spc<:ific base-fine amounts for Class A violalions rdaled 10 wildlife laws. Or Laws 2009, ch 659, ~2, which added a S45 offense surcharge for Con.'iclions on
all violations (exeepl p,arking),
did nOl modify ORS 496,951. As a result, !he base fine and minimum sanCli011 amounts may nOl be high eoough loacC0lll11 for the full offense surcharge
CITY OF
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 1.08 Relating to Classification of Offenses
Meeting Date: August 3, 2010 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: City Recorder Secondary Contact: Megan Thornton
Approval: Martha Benne Estimated Time: 5 minutes
Question:
Will the Council approve Second Reading of an ordinance amending Chapter 1.08 to add provisions
concerning the classification of offenses?
Staff Recommendation:
Staffrecommends that the Council approve Second Reading and adoption of the ordinance.
~
Background:
First Reading ofthe ordinance occurred on July 20,2010. The Council did not make any changes to
the text of the Ordinance.
Note: On April 20, 2010 the Council directed the Offenses in the Code be classified either Class I,
Class II, Class III and Class IV. The Classes correspond to Class A, Class B, Class C and Class D in
Oregon Revised Statutes Chapter 153; however. the minimum fine statute will not be operate for these
City Ordinance offenses.
The eight classification ordinances on the Agenda have been properly advertised and provided to the
City Recorder and Council as provided in the City Charter.
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(1) Move to approve Second Reading of the ordinance.
(2) Postpone Second Reading to a date certain.
Potential Motions:
Staff: Conduct Second Reading of the ordinance by title only.
Council: Motion to approve Second Reading and adopt the ordinance.
Attachments:
Proposed ordinance.
Page I of 1
r.l'
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 1.08 OF THE ASHLAND
MUNICIPAL CODE, ESTABLISHING CLASSES OF OFFENSES, AND
REPEALING AMC 10.104.010 AND AMC 11.04.010
Annotated to show deletioHs and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v. International Ass'n of Firefighters, Local 1660. Beaverton Shop. 20 Or. App. 293,
531 P 2d 730, 734 (1975); and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1: Section 1.08.010 [GENERAL PENALTY: Penalty Imposed] is hereby amended to
read as follows:
1.08.010. CENERf.L PENALTY Misdemeanor Penalties and Procedures. Penulty
Imposed. .
A. Unless othelWise specifically provided, when the Ashland Municipal Code identifies
violation of its provisions as a misdemeanor or as subiect to this section. any person violating
any provisions or failing to comply with any of the mandatory requirements of this code is guilty
ofa Class B misdemeanor offense [maximum $2500 fine and one hundred ei!!htv (80) days
in iaill: provided however. while the limitations of Article 9. Section 1 of the Ashland City
Charter are operative. any Any person convicted of a misdemeanor under this code shall be
punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment not to
exceed sixty (60) days, or by both such fine and imprisonment. In addition to a fine and
incarceration. the Municipal Court may impose any additional punishment. probation or .
remedial measure (e.!!. restitution) appropriate for the offense.
B. Each such person is guilty of a separate offense for each and every day during any
portion of which any violation of this code is committed, continued or permitted by any such
person, and shall be punished accordingly. The costs of prosecution. includin!! but not limited
Ordinance Amending AMC Chapter 1.08
Page 1 of6
to court costs. assessments, fees, surchare:es. restitution. and the like, shall not be included
within the $500 fine limitation. The prosecution in Ashland Municipal Court of state law
misdemeanors and violations pursuant to ORS 221. 339 is not limited by the fine and
incarceration limitations of the city charter.
C. Adoption of State Criminal Laws and Procedures
(1) All criminal procedures. provisions and requirements applicable to violations and
misdemeanors. includine: but not limited to Oree:on Evidence Code, (ORS Chapters 40 and
41). ORS Chapter 153 violations, defenses. burden of proof. e:eneral principles of criminal
Iiabilitv, parties, and e:eneral principles of justification contained in Oree:on Revised
Statutes Chapters 131 throue:h and includine: 167, as well as Chapters 471 throue:h 480 are
hereby adopted in full and made applicable to the municipal court.
(2) All misdemeanor and violation offenses and penalties described in ORS Chapters
161,162,163,164,165,166 and 167, as well as offenses described in the Oree:on Vehicle
Code and ORS Chapters 33.137,153,471.475,476, and 480, are hereby adopted by
reference. When cited as a city ordinance violation, violation of an ORS section adopted by
reference is an offense ae:ainst this city and shall be punishable to the same extent as
provided in the Code. Notwithstandine: the above. nothine: herein prohibits or restricts the
City police or City Attorney from electine: to pursue a chare:e and prosecute defendants
with state law offenses in the name of the State of Oree:on pursuant to ORS 221. 339.
(3) Except where the context clearly indicates a different meanine:. definitions appearine: in
the e:eneral definitional and other particular sections of chapters adopted hy subsections (1)
and (2) of this section are applicable throue:hout this chapter. Where appropriate.
references to "state" and "state statute" shall be deemed to also include "citv" and "citv
ordinances. "
(4) The city police, city attorney, assistant city attorney. and municipal court, includine: the
municipal court jude:e. jude:es pro tern. court supervisor and deputy court clerks. shall have
all the powers, duties, and responsibilities provided under Oree:on Revised Statutes,
applicable to investie:ation, prosecution. administration, and adjudication of criminal
offenses and violations within the city of Ashland and on city-owned property as
applicable.
(5) The statutes. codes and procedures adopted herein are expressly made applicable
within the city limits ofthe city of Ashland as well as outside the city limits when
concernine: offenses occurrine: on city-owned or controlled property located outside the city
limits of the city of Ashland. Oree:on.
SECTION 2: Section 1.08.020 is hereby amended to read as follows:
1.08.020 CENERAI.. PENf.L TY Violation Penalties and Procedures Infractions
Ordinance Amending AMC Chapter 1.08
Page 2 0[6
A. Violation offenses in the Ashland Municipal Code shall be classified as either a Class
I, Class II, Class III or Class IV violations. Except for the minimum fine provisions of ORS
153.093. violations described in the Ashland Municipal Code as Class 1,11. III & IV shall be
applied and interpreted consistently with Class A. B, C & D violations as set forth in ORS
Chapter 153. Parkin!! violations are excluded from Classification and Base Fine
requirements. When not otherwise specified in the Ashland Municipal Code or in other
incorporated codes. the violation offense shall be a Class II violation, inclusive of violations
in codes incorporated by reference. The penalty for committin!! a violation offense shall be
as specified for the classification of the offense in the Schedule of Violation Penalties.
Section 1.08.030. [Table 1 J. or as otherwise specifically desi!!nated in the Ashland
Municipal Code. Provided however. while the $500 dollar limitation of Article 9, Section 1
of the Ashland City Charter is operative, the fine portion of any monetary obli!!ation
imposed by the Municipal Court for a City Ordinance offense, shall not exceed $500. In
addition. each and every day durin!! any portion of which any violation offense is
committed. continued or permitted by any such person or entity shall constitute a separate
violation subiect to a separate fine and such person shall be punished accordin!!ly. The
costs of prosecution, includin!! but not limited to court costs. assessments, fees, char!!es,
surchar!!es. restitution. and the like. shall not be included within the $500 limitation. The
prosecution in Ashland Municipal Court of state law misdemeanors and violations
pursuant to ORS 221. 339 is not limited by the fine and incarceration limitations of the
Ashland City Charter.
B. Subiect to Charter limitations, and notwithstandin!! any other provision of the
Ashland MuniciDal Code, the Council hereby establishes a special corporate fine of twice
the amount of fine specified for an individual per class of offense in AMC 108.030 Table 1.
"Corporate" fines are imposed when the entity responsible for the offense is a corporation,
partnership. Limited Liability Company or other entity, not a real person. In addition to a
fine. the MuniciDal Court may impose additional punishment or remedial measure (e.l!.
restitution) appropriate for the violation offense.
... person who commits an infraction hy violating designated provisions of the Ashland
Municipal Code shall not suffer any disahility or Icgal disadvantage hased upon conviction
of crime. The penalty for committing an infraetion shall he a fine not to excecll SSOO..
howcvcr, eaeh anll eo/ery'lIay lIuring any portion of which any infraction is committed,
continuell or permittell hy any such person, is a separate violation subject to a separate fine
of SSOO.OO, anll such pcrson shall be punished accordingly. The trial of any infraction shall
be by the Court without a jury. The City of Ashland shall han the burden of proving the
infraction by a preponderanee of the e'/illcnee and the Defendant may not he relfuirell to he
a witness in the trial of sueh infraction. At any trial involving an infraction, the City
,A.ttorney shall not appear unless the Defendant is representell by an attorney, f-urther, at
any such trial, defense counsel shall not he providellat publie expense.
SECTION 3: Section 1.08.030 is hereby added to read as follows:
1.08.030 Base Fines, Schedule of Violation Penalties
Ordinance Amending AMC Chapter 1.08
Page 3 of6
A. Base Fine. Pursuant to ORS 153.142, base fine calculations shall be consistent
with state law for all city ordinance violations and other violations subject to the
jurisdiction of the municipal court, except that City assessment, if anv, shall be added to
the foundation amount in the same manner as state and county assessments are added to
the foundation amount and incorporated into the base fine. State, county and local
assessments and surcharl!es. if any, are added to fines, not deducted from them. A
reduction of a misdemeanor to a violation retains the appropriate state, county as well as
any city misdemeanor assessments.
B. Schedule of Violation Penalties. City ordinances offenses and other City violations
within the iurisdiction of the Municipal Court shall have the classifications and base fines.
noted on Table 1 below:
Table 1 Schedule of Violation Penalties**
Class I $720.00* $427.00 $472.00
Class II $360.00 $242.00 $287.00
Unclassified $360.00 $242.00 $287.00
Class III $180.00 $145.00 $190.00
Class IV $090.00 $097.00 $142.00
Violation Clas
* Subiect to Charter limitation on fine noted in AMC 1.08.020 the maximum fine must be
lowered to $500.00 fine. plus applicable state. county and city assessments and surcharl!es,
ifanyl
** These provisions do not apply l!enerally to Parkin!! Offenses unless specified in the
AMC.
SECTION 4: Section 1.08.040 is hereby added to read as follows:
1.08.040 Violation Trial
A. The trial of any violation offense shall be by the Court without a jUry.
B. The City of Ashland shall have the burden of provin!! the violation offense by a
preDonderance of the evidence and the Defendant may not be required to be a witness in
the trial of such violation offense.
C. At any trial involvin!! a violation offense, the City Attorney shall not appear unless
the Defendant is represented by an attorney, or unless the City Attorney is !!ranted leave of
the Court to appear. Further, at any such violation trial, defense counsel shall not be
provided at public expense.
Ordinance Amending AMC Chapter 1.08
Page 4 of6
D. Consistent with ORS 153.083, in any trial of a violation offense, whether created bv
ordinance or statute, in which the City Attornev is prohibited from appearinl!, the City
police officer or code compliance officer who issued the citation for the offense is
specificallv authorized bv law to present evidence, examine and cross-examine witnesses
and make arl!uments relatinl! to:
(1) The application of statutes and rules to the facts in the case;
(2) The literal meaninl! of the statutes or rules at issue in the case;
(3) The admissibilitv of evidence; and
(4) Proper procedures to be used in the trial.
E. Except as express Iv provided above, onlv a person who is currentlv licensed to
practice law in the State of Orel!on bv the Orel!on State Bar is permitted to represent
another person or entity in Ashland Municipal Court. .
F. A person who commits a violation offense bv violatinl! desie:nated provisions of the
Ashland Municipal Code shall not suffer any disability or lel!al disadvantal!e based upon
conviction of crime.
SECTION 5: Section 1'.08.050 is hereby added to read as follows:
1.08.050 Remedies - Non-Exclusive
The ril!hts, remedies, and penalties provided in this Chapter are cumulative, are not
mutuallv exclusive, and are in addition to any other ril!hts, remedies and penalties
available to the City under any other provision of law, includinl! specificallv criminal
prosecution.
SECTION 6. Substitution of Terms. The City Recorder is expressly authorized to substitute
the term "violation" or "violation offense" and plurals thereof, as appropriate, for the term
"infraction" and plurals thereof, throughout the entire Ashland Municipal Code, to correctly
reflect terminology used to describe non-criminal offenses.
SECTION 7. Tables of Offenses. The City Recorder is expressly authorized to create tables
for each chapter of the Ashland Municipal Code listing the offenses contained in each Chapter
by name, citation and classification. The tables may be codified in a location determined by the
City Recorder.
SECTION 8, Repeal. Subject to Section 10 below, Ashland Municipal Code Section
10.104.010 [Adoption of State Criminal Law and Procedures] and Ashland Municipal Code
Section 11.04.010 [Adoption of Vehicle Code] are hereby repealed.
SECTION 9. Severability. If any section, provision, clause, sentence, or paragraph of this
Ordinance or the application thereof to any person or circumstances shall be held invalid, such
invalidity shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance
which can be given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be seyerable.
Ordinance Amending AMC Chapter 1.08
Page 5 of6
SECTION 10. Savings. Notwithstanding this amendment, the City ordinances in existence at
the time any criminal or civil enforcement actions or other actions as required by state law, were
commenced shall remain valid and in full force and effect for purposes of all cases filed or
commenced during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions or applications commenced and continued under the laws in effect at the time the
matters were originally filed.
SECTION II. Codification. Provisions of this Ordinance shall be incorporated in the Ashland
Municipal Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter' or another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
and typographical errors and cross references may be corrected by the City Recorder, provided
however that Sections 6 thm II, unincorporated Whereas clauses and boilerplate provisions need
. not be codified.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of ,2010,
and duly PASSED and ADOPTED this day of ,2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance Amending AMC Chapter 1.08
Page 6 0[6
CITY Of
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 4 Relating to Classification of Offenses
Meeting Date: August 3, 2010 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: City Recorder Secondary Contact: Megan Thornton
Approval: Martha Benne Estimated Time: 5 minutes
Question:
Should the Council approve Second Reading of an ordinance amending Chapter 4 to add provisions
concerning the classification of offenses?
Staff Recommendation:
Staff recommends that the Council approve Second Reading and adoption of the ordinance.
Background:
First Reading of the ordinance occurred on July 20,2010. The Council did not make any changes to
the text of the Ordinance.
The Classes and maximum penalties are follows: (I) Class I: $720; (2) Class II: $360; (3) Class 1lI:
$180; (4) Class IV: $90. The Chapter contains the following recommended classifications:
Chapter 4: Revenue and Finance
AMC Title Class
4.20.120 System Development Charge I
connection to water, sewer storm
without payment ofSDC
4.24.130 A-E,G Failure to comply with Transient I
OccuDancy Tax Regulations
4.24.130 F. Filing False or Fraudulent TOT Crime
return or claim CMisd.
4.26.060 Transportation Utility Fee- Violation I
4.27.080 Storm Drainage Utility -Violation I
4.28.050 Utility User Tax - Violation I
4.30.040 Privilege Tax - Violation I
4.32.220.A. Alarm Systems - prohibited svstem I
4.32.220.B. Alarm Systems - violation III
4.34.120 A-D, Failure to comply with Food and I
F. Beverage Tax Regulations
4.34.120 E Filing False or Fraudulent F&B Crime
return or claim CMisd
In addition to classification, Chapter 4 is modified to address the following:
Page I of2
r~'
CITY Of
ASHLAND
. Modification of "Confidentiality "provision to match voter -approved confidentiality language
for food and beverage public records. [4.24.140]
. Removal of inconsistent 'exemption' for class five alarms. [4.32.020]
. Change to Finance Director for submittal of alarm permits [4.32.100]
Council Options:
(1) Move to approve Second Reading and adopt the Ordinance.
(2) Postpone Second Reading.
Potential Motions:
Staff: Conduct Second Reading of the ordinance by title only.
Council: Motion to approve Second Reading and adopt the Ordinance.
Attachments:
. Amended Ordinance
Page 2 of2
r~'
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES,
AMENDING AMC CHAPTER 4, REVENUE AND FINANCE, AND
REMOVING UNNECESSARY REGULATIONS
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined tlIrouglI and additions are bold underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the,foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v.lnternational Ass'n of Firefighters, Local 1660, Beaverton Shop, 20 Or. App. 293,
531 P 2d 730, 734 (1975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for City
ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class II, unless
otherwise specified; this Chapter is being amended to specify classifications where appropriate.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 4.20.120 [System Development Charges - Enforcement] is hereby
amended to read as follows:
4.20.120 Enforcement - Violation.
Any service connected to the City water, sewer or storm sewer system after the effective
date of this chapter for which the fee due hereunder has not been paid as required aran
adequate secured arrangement for its payment has been made, is subject to termination of
service under the City's utility disconnect policy. In addition to any other remedy or
penalty provided herein, any connection to the City water, sewer or storm system
made without payment as specified in this Chapter shall be considered a Class I
violation.
SECTION 2. Sections 4.24.130 [Transient Occupancy Tax - Violations-Infractions] through
4.24.140 [Confidentiality] are hereby amended to read as follows:
4.24.130 Violations Infraetions
Ordinance Amending Chapter 4
Page 1 of6
An)' operator or other person who foils or refuses to register os required herein, or
to furnish on)' return required to be mode, or foils or refuses to furnish 0
supplemental return or other data required by the Tax Administrator, or who
renders 0 false or fraudulent return or e1aim, or who foils, ref-uses or Begleets to
remit the tax to the Cit)' b)' the due dote, is guilt)' of on infroetion and sholl be
punished os set forth in SeetioB 1.08.020.
All violations ofthis chapter are punishable as set forth in AMC 1.08.020. It is a
violation of this chapter for anv operator or other person to:
A. fail or refuse to complv as required herein;
B. fail or refuse to reldster as required herein;
C. fail or refuse to furnish anv return required to be made;
D. fail or refuse to permit inspection of records;
E. fail or refuse to furnish a supplemental return or other data
required bv the Tax Administrator;
F. render a false or fraudulent return or claim:
G. fail. refuse or nel!lect to remit the tax to the citv bv the due date.
Violation of subsections A-E and G above shall be considered a Class I violation.
Filinl! a false or fraudulent return shall be considered a Class C misdemeanor,
subiect to AMC 1.08. The remedies provided bv this section are not exclusive and
shall not prevent the Citv from exercisinl! anv other remedv available under the law.
nor shall the provisions of this ordinance prohibit or restrict the Citv or other
appropriate prosecutor from pursuinl! criminal charl!es under state law or citv
ordinance.
4.24.140 Confidentiality
Except as otherwise required by law, it shall be unlawful for the City, any officer,
employee or agent to divulge, release or make known in any manner any financial
information submitted or disclosed to the City under the terms of this Ordinance. Nothing
in this section shall prohibit:
A. tB The disclosure of the names and addresses of any person who are
operating a hotel or recreational vehicle/ campinl! park; or
B. f2j The disclosure of general statistics in a form which would prevent the
identification of financial information regarding an individual operator; or
Ordinance Amending Chapter 4
Page 2 0[6
c. f3t Presentation of evidence to the court, or other tribunal having jurisdiction
in the prosecution of any criminal or civil claim by tlIe }.lIministrntor or
an appeal from tlIe }.lIministrntor for amount due the City under this
chapter.: or
D. The disclosure of information when such disclosure of conditionallv
exempt information is ordered under public records law procedures:
or
E. The disclosure of records related to a business's failure to report and
remit the tax when the report or tax is in arrears for over six months
or the tax arrearal!e exceeds $5,000.00. The City Council expresslv
finds and determines that the public interest in disclosure of such
records c1earlv outweil!hs the interest in confidentiality under ORS
192.501(5).
SECTION 3. Section 4.26.060 [Transportation Utility Fee - Enforcement] is hereby amended to
read 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 due shall subject such user to discontinuance of any utility
services provided by the City and the City 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 ofthis 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 4. Section 4.27.080 [Storm Drainage Utility - Enforcement] is hereby amended to
read 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 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 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.
Ordinance Amending Chapter 4
Pagd of 6
SECTION 5. Section 4.28.050 [Utility User Tax - Actions to Collect] is hereby amended to
read as follows:
4.28.050 Actions to Collect - Enforcement.
Any tax required to be paid by a service user under the provisions of this Chapter shall be
deemed a debt owed by the service user to the City. The Director of Finance may take .
such actions to secure payment as provided in Section 14.12.050 of the Ashland
Municipal Code. In addition to any other remedy or penalty provided herein, failure
to remit the tax provided herein when due shall be considered a Class I violation
and each day the remittance is late shall constitute a separate offense.
SECTION 6 Section 4.30.040 [Privilege Tax - Payment and Collection of Tax] is hereby
amended to read as follows:
4.30 Privilege Tax
4.30.040 Payment and Collection of Tax
The tax imposed by this chapter shall be collected from the service user at the time that
payment is made for charges for electric energy or service. In addition to any other
remedy or penalty provided herein, failure to remit the tax provided herein when
due shall be considered a Class I violation and each day the remittance is late shall
constitute a separate offense.
SECTION 7. Section 4.32.020 F [Alann Systems - Classification] is hereby amended to read as
follows:
4.32.020 Classification of Alarm Systems
F. Exempt alarm systems are:
I. Those which incorporate only an on premise annunciator, a visual annunciator,
or any combination thereof;
I. Alarm systems owned, maintained and monitored by any government law enforcement
agency to protect their premises; and
2. Alann systems protecting properly of the City of Ashland.
SECTION 8. Section 4.32.100 [Alarm Systems - Permit Application] is hereby amended to
read as follows:
4.32.100 Permit Application
Each application for an alann system permit shall be made on a form prescribed by the
Finance Director Police Chief, and shall contain the following information:
A. The name, address and telephone number of the principal of the protected premises.
B. The type of premises (home, office, variety store, etc.), and any business name by
Ordinance Amending Chapter 4
Page 4 0[6
which the premises is known.
C. The address of the protected premises, including, if it is in a residential, commercial or
industrial complex (office building, apartment house, shopping center, etc.), and any
name by which the complex is commonly known.
D. The names, addresses and telephone numbers, including home phone number, of all
agents.
E. The number and type of annunciators and automatic dialers which the alarm system
incorporates, the location of all remote annunciators, and the names and phone numbers
of all persons or businesses which are or may be preselected for automatic dialer contact.
F. The application shall be accompanied by the fee prescribed under Section 4.32.12.0.
SECTION 9. Section 4.32.22.0 [Alarm Systems - Enforcement and Penalties] is hereby
amended to read as follows: .
4.32.220 Enforcement and Penalties
A. Use of a prohibited alarm svstem lAMC 4.32.030. 4.32.040 and 4.32.210) is a
Class I violation.
B. Any person failing Failure to comply with the provisions of this Chapter, not
addressed in A above. includinl! use of an alarm svstem witbout a permit, shall
be considered a Class III violation subject to the penalties provided in Chapter
1..08..010 of this code.
SECTION 10. Section 4.34.12.0 [Food and Beverage Tax - Violations-Infractions] is hereby
amended to read as follows:
4.34.120 Violations - Infractions
All violations of this chapter are punishable as set forth in AMC 1..08..02.0. It is a violation
of this chapter for any operator or other person to:
A. fail or refuses to comply as required herein;
B. fail or refuse to furnish any return required to be made;
C. fail or refuse to permit inspection of records;
D. fail or refuse to furnish a supplemental return or other data required by
the director;
E. render a false or fraudulent return or claim;
F. fail, refuse or neglect to remit the tax to the city by the due date.
Ordinance Amending Chapter 4
Page5of6
Violation of subsections A-D and F above shall be considered a Class I violation.
Filinl! a false or fraudulent return shall be considered a Class C misdemeanor,
subiect to AMC 1.08. The remedies provided by this section are not exclusive and shall
not prevent the City from exercising any other remedy available under the law, nor shall
the provisions of this ordinance prohibit or restrict the City or other appropriate
prosecutor from pursuing criminal charges under state law or city ordinance.
SECTION 1 I. . Severability. If any section, provision, clause, sentence, or paragraph of
this Ordinance or the application thereof to any person or circumstances shall be held invalid,
such invalidity shall not affect the other sections, provisions, clauses or paragraphs of this
Ordinance which can be given effect without the invalid provision or application, and to this end
the provisions of this Ordinance are declared to be severable.
SECTION 12 Savings. Notwithstanding this amendment, the City ordinances in ,
existence at the time any criminal or civil enforcement actions or other actions as required by
state law, were commenced shall remain valid and in full force and effect for purposes of all
cases filed or commenced during the times said ordinance(s) or portions thereof were operative.
This section simply clarifies the existing situation that nothing in this Ordinance affects the
validity of prosecutions or applications commenced and continued under the laws in effect at the
time the matters were originally filed. .
SECTION 13 Codification. Provisions of this Ordinance shall be incorporated in the
Ashland Municipal Code and the word "ordinance" may be changed to "code", "article",
"section", "chapter' or another word, and the sections of this Ordinance may be renumbered, or
re-Iettered, and typographical errors and cross references may be corrected by the City Recorder,
provided however that Sections 11 thru 13, unincorporated Whereas clauses and boilerplate
provisions need not be codified.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(e) of the City Charter on the day of ,2010,
and duly PASSED and ADOPTED this day of ,2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to fonn:
Richard Appicello, City Attorney
Ordinance Amending Chapter 4
Page 60f6
CITY Of
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Ordinance Amending AMC Chapter 6 Class of Offenses
August 3, 2010, Primary Staff Contact: Richard Appicello
Legal E-Mail: appicelr@ashland.or.us
City Recorder Il~ Secondary Contact: Megan Thornton
Martha Bennet 1 Estimated Time: 5 minutes
Question:
Should the Council approve Second Reading of an ordinance amending Chapter 6 to add provisions
concerning the classification of offenses?
Staff Recommendation:
Staff recommends that the Council approve Second Reading and adoption of the ordinance.
Background:
First Reading of the ordinance occurred on July 20, 2010. The Council did not make any changes to
the text of the Ordinance.
The Classes and maximum penalties are follows: (I) Class I: $720; (2) Class II: $360; (3) Class III:
$180; (4) Class IV: 590. The Chapter contains the following recommended classifications:
Chapter 6: Business Licenses and Regulations
AMC Title Class
6.04.150.A. Business License Tax - Operating
without license - Penalties
6.04.150.B. Business License Tax - other II
violation
6.16.100A. Pawnbrokers and Secondhand I
Dealers - Penalties
6.16.100 B Pawnbrokers and Secondhand
Dealers - Penalties - Pledges from
minors prohibited
6.24.060 Solicitation - Penalties Crime
CMisd
6.28.170 Taxicab Certification - Violation - 1,1
Penalty
6.30.140. Tour Bus and Special Vehicles- ~I
Violation-= Penalty
6.36.130.A Motion Picture - Radio Television I'
Production - Permit Required
Violation
Page I of2
~.l'
CITY Of
ASHLAND
6.36.130.B \1otion Picture - Radio Television III
Production - Violation
6.40.180 Emergency Medical Services - "
~
Penalties
6.42.100 ~obacco Control - Penalties I
In addition to classification, Chapter 6 is modified to address the following:
. Clarification of denial of business license for fraud and appeal pursuant to Administrative
Appeal Ordinance [6.04.115].
. Modification of "Confidentiality "provision to match voter -approved confidentiality language
for food and beverage public records. [6.04. I 70]
. Clarification that appeals of tax amounts, interest, and penalties go through administrative
appeals process and not to City Council. [6.04.190]
. Clarification of appeal via AMC 2.30 for license suspension under Tobacco Control
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(I) Move to approve Second Reading and adopt the ordinance.
(2) Postpone consideration ofthe proposed ordinance.
Potential Motions:
Staff: Conduct Second Reading ofthe ordinance by title only.
Council: Motion to approve Second Reading and adopt the ordinance.
Attachments:
Proposed ordinance.
Page 2 of2
~~,
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES,
AMENDING AMC CHAPTER 6, BUSINESS LICENSES AND
REGULATIONS, AND REMOVING UNNECESSARY REGULATIONS
i\nnotated to show deletions and additions to the code sections being modified. Deletions are
tlOld '" and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and common
law of the United States and of this State expressly or impliedly grant or allow municipalities, as
fully as though this Charter specifically enumerated each of those powers, as well as all powers
not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citvof
Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293,
531 P 2d 730, 734 (1975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for City
ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class II, unless
otherwise specified; this Chapter is being amended to specify classifications where appropriate.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1: Section 6.04.115 [Business License Tax - Consumer Protection - Revocation] is
hereby amended to read as follow:
6.04.115 Consumer Protection-Revocation
Any individual or firm against whom ajudgment is entered for fraud in a eommercial
setting for profit related to the business for which the license is issued, or which
occurred within five (5) years preceding the date of application, shall be subject to denial
or revocation of a license to conduct busin~ss within the City of Ashland UpOD petition
for rcyocation thereof being duly filed in the l\1unieipal Court aDd geed and
suffieient cause appearing therefore. Denial and or Revocation arc subiect to the
appeal process of AMC 2.30.
Ordinance Amending Chapter 6
Page I of5
SECTION 2: Section 6.04.150 [Business License Tax - Penalties] is hereby amended to read as
follow:
6.04.150 Penalties
lony person violating any provisions of this Chapter is upon eon'/ietion thereof,
punishable os provided in Seetion 1.118.020 relating to infraetions. Eaeh day any
person sholl eontinue violating the prlr/isions of this Chapter sholl eonstitute 0
separate offense. (
A. Violation of AMC 6.04.030 rOperatinl!: business without Iicensel in accordance
with this Chapter shall be considered a Class I violation, subiect to the limitations of
AMC 1.08.
B. Anv violation of the requirements of this chapter, not addressed in A above, shall
be a Class III violation as defined by AMC 1.08 and punishable as set forth in that
section.
SECTION 3 Section 6.04.170 [Business License Tax - Confidentiality] is hereby amended to
read as follow:
6.04.170 Confidentiality
A.-Except as otherwise required by law, it shall be unlawful for the City, any officer,
employee or agent to divulge, release, or make known in any manner, any financial or
employee information submitted or disclosed to the City under the terms of this
,Ordinance. Nothing in this Section shall prohibit:
A. !-. The disclosure of the names and addresses of any persons to whom
business licenses have been issued; or
B. ~. The disclosure of general statistics in a form which would prevent the
identification of financial or employee information regarding an individual
business licensee or applicant;..Q!
C. J. Presentation of evidence to the court, or other tribunal having
jurisdiction in the prosecution of a claim by the Finance Department: or
D. The disclosure of information when such disclosure of conditionally
exempt information is ordered under public records law procedures: or
E. The disclosure of records related to a business's failure to report and
remit the business license tax when the report or tax is in arrears for over six
months. The City Council expressly finds and determines that the public
interest in disclosure of such records clearly outweil!:hs the interest in
confidentiality under ORS 192.501(5).
SECTION 4: Section 6.04.190 [Business License Tax - Appeals] is hereby amended to read as
follow:
6.04.190 Appeals
Any person aggrieved by any determination of the Director of Finance with respect to the
amount of such tax, interest, and penalties, if any, may appeal pursuant to AMC 2.30.
t9 the City Couneil by filing within fifteen (IS) days of the serving or moiling of the
determination of tax due. The Couneil sholl fix 0 time and plaee for hearing sueh
Ordinance Amending Chapter 6
Page 2 of 5
appeal, and the Admini~trator sholl give five (5) days notiee in writing thereof, to
sueh person at the lost Imown address. The Findings of the Hearin2s Officer Couneil
shall be final and conclusive, and shall be served upon the appellant, in the manner
prescribed above for the service of notice of hearing. Any amount found to be due shall
be immediately due and payable upon the service of notice.
SECTION 5: Section 6.16.095 [Pawnbrokers and Secondhand Dealers - Pledges from minors
prohibited] is hereby added / relocated to read as follows:
6.16.095 Pled2es from minors prohibited
Under no circumstances shall any pawnbroker. dealer in iunk. or secondhand
dealer in the Citv purchase. or receive on deposit. or take as a pled2e. any 200ds.
wares. or merchandise. when the same are offered for sale. deposit. or pled2e. bv
any minor.
SECTION 6: Section 6.16.100 [Pawnbrokers and Secondhand Dealers - Penalties] is hereby
amended to read as follows:
6.16.100 Penalties
A Anv violation of the provisions ofthis Chapter shall be a Class II violation. Any
person violating on)" of the provisions of this Chapter is punishable as prescribed in
Section 1.08.020.
B. Notwithstandin2 the above. violation ofthe prohibition on takin2 pled2es from
minors in AMC 6.16.095 shall be a Class I violation. Under no eireumstanees sholl
on)" pawnbrol.er, dealer in junl., or seeondhand dealer in the City purehase, or
reeei';e an deposit, or tal.e os 0 pledge, on)" goads, wares, or merehandise, when the
some ore offered fer sole, deposit, or pledge, by any minor.
SECTION 7: Section 6.28.170 [Taxicab Certification - Violation-Penalty] is hereby amended to
read as follow:
6.28.170 Violation - Penalty
Anv violation of the provisions of this Chapter shall be a Class II violation.
punishable as prescribed in Section 1.08.020. .\ny Person that violates any
proyision of this Chapter through its operation of 0 taxieab sen'ice from paints
originating within the Cil)' of .\shland sholl be deemed guill)' of 0 separate ';iolation
&R-eEach and every day or portion thereof during which the violation is committed,
continued or permitted, and upon conviction of any such violation, the Person sholl be
punished os preseribed in AMC 1.0S.020.
SECTION 8: Section 6.30.140 [Tour Bus and Special Vehicles - Violation] is hereby amended
to read as follow:
6.30.140 Violation - Penaltv
Each operation of a tour bus or special vehicle in violation of this section is a separate
violation, whether the prohibited operations occur within the same day, different days, or
relate to the same or different tour bus or special vehicle. A violation of any provision of
this chapter is a Class II violation and shall be punished as set forth in AMC 1.08.020.
Ordinance Amending Chapter 6
Page3 of 5
SECTION 9: Section 6.36.130 [Motion Picture - Radio Television Productions - Violation] is
hereby amended to read as follow:
6.36.130 Violation
Violation of the proyisions of this Chapter is determined to be an infraetion and
may be punishable as specified in Section 1.08.020 of this Code.
A. Violation of AMC 6.36.020 [Permit Required! shall be considered a Class I
violation, subiect to the limitations of AMC 1.08.
B. Anv violation of the requirements of this chapter, not addressed in A above,
includinl! violation of permit conditions, shall be a Class III violation as defined bv
AMC 1.08 and punishable as set forth in that section.
SECTION 10: Section 6.40.180 [Emergency Medical Services - Penalties] is hereby amended
to read as follow:
6.40.180 Penalties
A. In addition to any other procedures and remedies provided by law, any person
violating any section within this chapter shall be guilty of a Class I violation infraction
as set forth in section 1.08.020 except that the penalty shall be a fine not to exceed
$1,000.
B. Each and every day during any portion of which a violation of any section of this
chapter is committed, continued or permitted by any such person, is a separate violation
subject to a separate fine of $1,000 and such person shall be punished accordingly.
SECTION 11: Section 6.42.100 [Tobacco Control - Penalties] is hereby amended to read as
follow:
6.42.100 Penalties
A. Any person who violates any provision of this chapter, other than seetion
6.42.030, shall be subject to a fine as a Class I violation. and may eF have H the license
issued under this Chapter suspended as follows:
1. In the ease of a first violation within two years, the licensee shall be fined
$200.00 and shall be notified in writing of penalties to be leyied fer further
violations.
2. In the case of a second violation within a two year period, the licensee shall be
fined not less than $350.00 and the license suspended for 45 days.
3. ~. In the case of three or more violations within a two year period, the
licensee shall be fined $500.00 and the license revoked. Any person whose license has
been revoked shall be ineligible to apply for a new license, at any location, for six months
after the effective date of the revocation.
B. Any person who violates section 6.42.030 shall be subject to a fine of $500.00 for
Ordinance Amending Chapter 6
Page 4 of5
each day a violation occurs.
C. License suspensions are subiect to appeal pursuant to AMC 2.30. Failure to
flay a fine leyied under this ehaflter within 30 days of the date set by the eourt shall
result in the susflension of the lieense until sueh fines are f1aid.
SECTION 12. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 13. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or
another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided
however that any Whereas clauses and boilerplate provisions (i.e. Sections 12 and 13) need not
be codified and the City Recorder is authorized to correct any cross-references and any
typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(B) of the City Charter on the day of ,2010,
and duly PASSED and ADOPTED this day of ,2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form: i
Richard Appicello, City Attorney
Ordinance Amending Chapter 6
Page 5 of5
CITY Of
ASHLAND
Council Communication
Ordinance Amendin~ AMC Chapter 9 Relatin~ to Classification of Offenses
Meeting Date: August 3, 2010 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: City Recorder Secondary Contact: Megan Thornton
Approval: Martha Benne Estimated Time: 5 minutes
Question:
Should the Council approve Second Reading of an ordinance amending Chapter 9 to add provisions
concerning the classification of offenses?
Staff Recommendation:
Staff recommends that the Council approve Second Reading and adoption of the ordinance.
Background:
On July 20th, 2010, Council made two changes to the Ordinance. In the Classification table below the
changes are as follows: AMC 9.08.020 Dangerous Animals has been changed from a Class II to a
Class I and AMC 9.16.020 Vicious Dogs-Control Required has been changed from a Class II to a
Class L
The Classes and maximum penalties are follows: (1) Class I: $720; (2) Class II: $360; (3) Class III:
$] 80; (4) Class IV: $90. The Chapter contains the following recommended classifications:
Cha t 9 H Ith d S "t f
Pier : ea an aUl a IOn an emOVIlle nnecessary een a
AMC Tit]e Class
9.04.030 Weed Abatement I
9.08.020 Dangerous Animals I
9.08.030 Animal at Large IV
9.08.040 A-G Keeping of Animals III
9.08.050 Removal of Carcasses IV
9.08.060 A-J, Nuisances Affecting the Public I
Health
9.08.070 Abandoned Refrigerators I
9.08.080 A-B Attractive Nuisances II
9.08.090 A Snow and Ice-Removal ]V
9.08.100 Noxious Growth III
9.08.] 10 Scattering Rubbish II
9.08.]20 A-C Trees - Hedges III
9.08.130 Parking Strips III
9.08. ]40 A-B Fences II
9.08.150 A-B Surfaces Waters - Drainage II
9.08.160 A-B Radio and Te]evision - Interference II
9.08.] 70 A-C Unnecessary Noise I
dR
u
R I tions
Page I of3
~~,
CITY Of
ASHLAND
9.08.175 Heat Pumps or Mechanical Devices 11
9.08.180 Notices ~ Advertisements 111
9.08.190 B General Nuisance 11
9.08.270 Coal Sale III
9.12.020 Keeping Junk - Unlawful Out of 11
Doors
9.12.030 Keeping Junk - Exposed ~o View 11
. Unlawful
9.12.035 A-G Storage and Disposal of Junk on 11
Calle Guanaiuato
9.12.060 Nuisance-Junk Penalty for 9.12 11
generallv
9.16.010 Dogs Control Required IV
9.16.020 Vicious Dogs-Control Required I
9.16.040 Dogs-Leash Required IV
9.16.050 Unattended Dogs IV ..
9.16.055 Removal of Dog Waste IV
9.16.060 Dogs-City Parks or Plaza Islands IV
9.16.065 Dogs - City Cemeteries IV
9.20.030 A-B Polystyrene Foam Banned - Food 11
Packaging (see 9.20.050)
9.24.060 Woodstove Curtailment 9.24.010- 11
9.24.060.
9.24.060 Woodstove Curtailment disclosure I .
Councilor Silbiger's comments were addressed as follows:
. Animals at large modified to remove superfluous language and clarified to refer to all animals
consistent with keeping of animals section.
. Keeping of animals clarified to refer to minimum care statute. Clarified to require minimum
care for all animals.
. Update to noise producing device list, with clarification that appeals go through uniform
appeals ordinance. [a revision to noise ordinance is scheduled for later this year]
. No change regarding prohibited sale of coal.
. Junk is defined in AMC 9.12.010
. Term "service animal" replaces dogs for blind and deaf
. Woodstove penalty changed to Class I from $500.
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(I) Read changes and move to approve Second Reading and adoption of the ordinance.
(2) Postpone Second Reading.
Page 2 of3
r~'
CITY Of
ASHLAND
Potential Motions:
Staff: Conduct Second Reading (Title only) and read changed sections.
Council: Move to approve Second Reading ofthe ordinance, with changes as read and approve
adoption ofthe Ordinance.
Attachments:
. Amended Ordinance
Page) of 3
....
r_~
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES,
AMENDING AMC CHAPTER 9, HEALTH AND SANITATION AND
REMOVING UNNECESSARY REGULATIONS
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold" -' and additions are bold underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citvof
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop. 20 Or. App. 293,
531 P 2d 730, 734 (1975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for City
ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class II, unless
otherwise specified; this Chapter is being amended to specify classifications where appropriate.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 9.04.030 [Weed Abatement - Penalty] is hereby amended to read as
follows:
9.04.030 Violation - Penalty
Any violation of this chapter, including creating or maintaining a nuisance, shall be punishable
as a Class I Class f. violation and each day the nuisance is maintained shall constitute a
separate offense.
SECTION 2. Sections 9.08.020 [Dangerous Animals] through 9.08.190 [Declaration of
Nuisance - General Nuisance] are hereby amended to read as follows:
9.08.020 Dangerous Animals
No owner or person in charge of an animal shall permit an animal which is dangerous to
Ordinance Amending AMC Chapter 9
Page 1 of 15
the public health or safety to be exposed in public.'DangeJ;oustadrmaISl'iMt@I~
~iOn1
9.08.030 Animals at Large
No owner or person in charge of any dOl!, livestock, or poultrv of tile follo'wing
animals shall permit the animal to run at large; animals at larl!e is a Class IV violation.
!.. !. female dog in lIeat.
B. A male dog during tile montlls of !.pril, May, June and July.
C. Livestock or poultry.
9.08.040 Keeping of Animals
A. Except as otherwise permitted by ordinance, no person shall keep or maintain more
than three (3) dogs over the age of three (3) months on anyone (I) parcel or tract ofland.
B. No person shall keep or maintain swine. Notwithstanding the preceding sentence or
the provisions of section 18.20.020, keeping or maintaining swine commonly referred to
as Miniature Vietnamese, Chinese, or Oriental pot-bellied pigs (sus scrofa vittatus) is
allowed, subject to the following:
L Such pigs shall not exceed a maximum height of 18 inches at the shoulder or weigh
more than 95 pounds.
2. No more than one such pig shall be kept at anyone parcel or tract of land.
3. Such pigs shall:
a. Be confined by fence, leash or obedience training to the property of the person keeping
or maintaining them or to the property of another if such other person has given express
permISSIOn;
b. Be confined to a car or truck when off property where otherwise confined; or
c. Be on leash not longer than six feet in length.
4. Such pigs shall be kept in accordance with the standards of minimum care for
domestic animals as set forth in ORS 167.310.lIave access to an enclosed structure
sufficient to protect tllem from wind, rain, snow or sun and wllicllllas adequate
lIedding to protect against cold and dampness. Confinement areas must be kept
clean and free from waste or otller contaminants.
5. Notwithstanding any of the above, no such pig shall be allowed in any park.
c. No person shall keep or maintain poultry within seventy-five (75) feet of another
Ordinance Amending AMC Chapter 9
Page 2 of 15
dwelling.
D. No person shall keep or maintain rabbits within one hundred (100) feet of another
dwelling or within seventy-five (75) feet of a street or sidewalk.
E. No person shall keep or maintain a bee hive, bees, apiary, comb, or container of any
kind or character wherein bees are hived, within one hundred fifty (ISO) feet Of another
dwelling or within one hundred fifty (ISO) feet of a street or sidewalk.
F. No person shall keep or maintain a stable within one hundred (100) feet of another
dwelling.
G. Where the conditions imposed by subsections (B) to (F) of this section differ from
those imposed by another ordinance, the provision which is more restrictive shall control.
H. The applicable minimum care requirements ofORS 167.310 shall applv to all
animals identified in this section.
I. Keepinl! of animals is a Class III violation.
9.08.050 Removal of Carcasses
No person shall permit an animal carcass under their ownership or control to remain upon
public property, or to be exposed on private property, for a period of time longer than is
reasonably necessary to remove or dispose ofthe carcass. Removal of carcasses is a
Class IV violation.
9.08.060 Nuisances Affecting the Public Health
No person shall cause, or permit on property under their ownership or control, a nuisance
affecting public health. The following are nuisances affecting the public health and may
be abated and/or cited as provided in this ehllpter the AMC: .
A. Privies. An open vault or privy constructed and maintained within the City, except
those constructed or maintained in conne.ction with construction projects in accordance
with the Oregon State Board of Health regulations;
B. Debris. Accumulations of debris, rubbish, manure, and other refuse that are not
removed within a reasonable time and that affect the health of the City;
C. Stagnant Water. Stagnant water which affords a breeding place for mosquitoes and
other insect pests;
D. Water Pollution. Pollution of a body of water, well, spring, stream, or drainage ditch
by sewage, industrial wastes, or other substances placed in or near the water in a manner
that will cause harmful material to pollute the water;
E. Food. Decayed or unwholesome food which is offered for human consumption;
Ordinance Amending AMC Chapter 9 .
Page 3 of 15
F. Odor. Premises which are in such a state or condition as to cause an offensive odor or
which are in an unsanitary condition;
G. Surface Drainage. Drainage of liquid wastes from private premises;
H. Cesspools. Cesspools or septic tanks which are in an unsanitary condition or which
cause an offensive odor;
L Slaughterhouses and Tanneries. A slaughterhouse or tannery.
J. Dust and Trackout. No person shalltrackout mud, dirt, or other debris from private or
public lands onto public roads without taking reasonable precautions to prevent mud, dirt,
or debris from becoming airborne or washing off the site. These precautions shall include
prompt removal of such material from the paved road surfaces and such other precautions
including, but not necessarily limited to, the conditions listed below. The City may
require the imposition of building permit conditions for the prevention oftrackout.
Conditions imposed may include, but are not limited to the following:
The posting of a bond sufficient to assure available funds for roadway cleanup by the
City if the contractor or permittee is negligent in cleanup of adjacent public roadways.
1. Street sweeping, vacuuming or other means of removing trackout material from public
roadways.
2. Installation of wheel washers at exits of major construction sites.
3. Use of temporary or permanent barricades to keep traffic off unpaved areas.
4. Require graveling of access roads on site.
5. Limit the use of public roadways by vehicles.
6. Issue stop work order if trackout occurs and is not promptly corrected. A violation of a
stop work order shall be considered a violation of this section. A stopOwork order issued
pursuant to this section shall be posted at the work site and delivered personally or by
certified mail to an alleged violator.
7. For access to property, paving of the entry way or driveway for its entire length or a
distance of 50 feet, whichever is shorter.
Nuisances affectinl! public health are considered Class I violations.
9.08.070 Abandoned Refrigerators
No person shall leave, in a place accessible to children, an abandoned or discarded
icebox, refrigerator, or similar container without first removing the door, unless the same
Ordinance Amending AMC Chapter 9
Page 4 of 15
has a magnetic catch or similar catch which can easily be opened from the inside.
Abandoned refril!erators is a Class I violation.
9.08.080 Attractive Nuisances
A. No owner or person in charge of property shall permit thereon:
1. Unguarded machinery, equipment, or other devices which are attractive, dangerous,
and accessible to children.
2. Lumber, logs, or piling placed or stored in a manner so as to be attractive, dangerous,
and accessible to children.
3. An open pit, quarry, cistern or other excavation which is substantially below the level
of the adjacent street without safeguards or barriers to prevent such places from being
used by children.
B. This section shall not apply to authorized construction projects with reasonable
safeguards to prevent injury or death to playing children.
Co Attractive nuisances are Class II violations.
9.08.090 Snow and Ice - Removal
A. No owner or person in charge of property, improved or unimproved, abutting on a
public sidewalk shall permit:
1: A.Snow to remain on the sidewalk for a period longer than the first two (2)
hours of daylight after the snow has fallen.
2. B. Ice to remain on the sidewalk for more than two (2) hours of daylight after
the ice has formed unless the ice is covered with sand, ashes, or other suitable
material"to assure safe travel.
B. Suow and ice removal is a Class IV violatiou.
9.08.100 Noxious Growth
No owner or person in charge of property shall permit weeds or other noxious vegetation
to grow upon such property. It shall be the duty of an owner or person in charge of the
property to cut down or to destroy grass, shrubbery, brush, bushes, weeds, or other
noxious vegetation as often as needed to prevent them from becoming unsightly, from
becoming a fire hazard, or, in the case of weeds or other noxious vegetation, from
maturing, or from going to seed. Noxious l!rowth is a Class III violation.
9.08.110 Scattering Rubbish
No person shall deposit upon public or private property any kind of rubbish, trash, debris,
refuse, or any substance that would mar the appearance, create a stench or fire hazard,
Ordinance Amending AMC Chapter 9
Page 5 of15
detract from the cleanliness or safety of the property, or would be likely to injure a
person, animal, or vehicle traveling upon a public way. Scatterin!! rubbish is a Class II
violation.
9.08.120 Trees - Hedges
A. No owner or person in charge of property that abuts upon a street or public sidewalk
shall permit trees, bushes, or hedges on such property to interfere with street or sidewalk
traffic. In addition, it shall be the duty of such owner or person to remove, from any tree
on such property, all branches that overhang the sidewalk or street to a height of not less
than eight feet above the sidewalk and not less than twelve feetabove the street. For
purpose of the preceding sentence, the duty to remove branches extends to trees on any
parking strip adjoining the street or sidewalk that abuts such property.
B. No owner or person in charge of property shall allow to stand a dead or decaying tree
that is a hazard to the public or to persons or property on or near the property.
C. No owner or person in charge of property shall place or maintain thereon, along a
street or public sidewalk, a thorn-bearing hedge or a hedge in excess of four (4) feet in
height.
D. Trees-Hed!!es are a Class III"Violation.
9.08.130 Parking Strips
It shall be the duty of the owner or person in charge of abutting property to grade the area
between the sidewalk and the curb to the level of the sidewalk and curb and to maintain
the area as a grass plot; provided, however, that the area may be used also for ornamental
plants and shrubbery in a manner not in conflict with this chapter or any ordinances.
Parkin!! strips is a Class III violation.
9.08.140 Fences
A. No owner or person in charge of property shall construct or maintain a barbed-wire
fence thereon, or permit barbed wire to remain as part of a fence; along a sidewalk or
public way, except such wire may be placed above the top of other fencing not less than
six (6) feet, six (6) inches high.
B. No owner or person in charge of property shall construct, maintain, or operate an
electric fence along a sidewalk or public way or along the adjoining property line of
another person.
C. Fences is a Class II violation.
9.08.150 Surface Waters - Drainage
A. No owner or person in charge of a building or structure shall suffer or permit
rainwater, ice, or snow to fall from the building or structure on to a street or public
Ordinance Amending AMC Chapter 9
Page 6 of 15
sidewalk or to flow across the sidewalk.
B. The owner or person in charge of property shall install and maintain in a proper state
of repair adequate drainpipes or a drainage system so that any overflow water
accumulating on the roof or about the building is not carried across or upon the sidewalk.
Co Surface Waters - Drainal!e is a Class II violation.
9.08.160 Radio and Television - Interference
A. No person shall operate or use an electrical, mechanical, or other device, apparatus,
instrument, or machine that causes reasonably preventable interference with radio or
television reception by a radio or television receiver of good engineering design.
B. This section does not apply to devices licensed, approved, and operated under the rules
and regulations of the Federal Communications Commission.
C. Radio and television interference is a Class II violation.
9.08.170 Unnecessary Noise
A. No person shall make, assist in making continue, or cause to be made any loud,
disturbing, or unnecessary noise which either annoys, disturbs, injures, or endangers the
comfort, repose, health, safety, or peace of others.
B. The standard for judging loud, disturbing and unnecessary noises shall be that of an
average, reasonable person with ordinary sensibilities after taking into consideration the
character of the neighborhood in which the noise is made and the noise is heard. Such
noises which are in violation of this section include but are not limited to the following:
I. The keeping of any bird or animal, includinl! specificallv anv dOl!, which by causing
frequent or long-continued noise disturbs the comfort and repose of any person in the
vicinity;
2. The attaching of a bell to an animal or allowing a bell to remain on an animal;
.3. The use of a vehicle or engine, either stationary or moving, so out ofrepair, loaded, or
operated as to create any loud or unnecessary grating, grinding, rattling, or other noise;
4. The sounding of a horn or signaling device on a vehicle on a street, public place, or
private place, except as a necessary warning of danger;
5. The blowing of a steam whistle attached to a stationary boiler, except to give notice of
the time to begin or stop work, as a warning of danger, or upon request of proper City
authorities;
6. The use of a mechanical device operated by compressed air, steam, or otherwise,
unless the noise thereby created is effectively muffled;
Ordinance Amending AM C Chapter 9
Page 7 of15
7. The erection, including excavation, demolition, alteration, or repair of a building in
residential districts, other than between the hours of seven (7:00) a.m. and six (6:00) p.m.
weekdays, and on weekends and Holidays between the hours of eight (8:00) a.m. and six
(6:00)p.m., except in case of urgent necessity in the interest of the public welfare and
safety and then only with a permit granted by the City Administrator for a period not to
exceed ten (10) days. The permit may be renewed for periods of five (5) days while the
emergency continues to exist. If the Council determines that the public health, safety and
welfare will not be impaired by the erection, demolition, alteration, or repair of a building
between the hours of six (6:00) p.m. and seven (7:00) a.m., and if the Council further
determines that loss or inconvenience would result to any person unless the work is
permitted within these hours, the Council may grant permission for such work to be done
within specified hours between six (6:00) p.m. and seven (7:00) a.m. upon application
therefore being made at the time the permit for the work is awarded or during the
progress of the work. (Ord. 2580, I 990)The actual owner of property may do work on
property which is actually owner occupied between the hours of six (6:00) p.m. and ten
(10:00) p.m. without obtaining a permit as herein required;
8. The use of a gong or siren upon a vehicle, other than police, fire, or other emergency
vehicle;
9. The creation of excessive noise on a street adjacent to a school, institution oflearning,
church, or court of justice, while the same are in use, or on a street adjacent to a hospital,
nursing home, or other institution for the care of the sick or infirm, which unreasonably
interferes with the operation of such institution or disturbs or unduly annoys patients;
10. The discharge in the open air of exhaust of a steam engine, internal combustion
engine, motorboat, or motor vehicle except through a muffler or other device which will
effectively prevent loud or explosive noises and the emission of annoying smoke;
II. The use or operation of an automatic or electric piano, musical instrument. stereo
phonograph, gramophone, Vietrola, radio, or similar device. television, computer.
loudspeaker, or any instrument for sound producing or any sound-amplifying device so
loudly as to disturb persons in the vicinity thereof or in such a manner as renders the use
thereof a nuisance. However, upon application to the City Administrator, or desil!nee and
a report from the Chief of Police, the City Administrator or desil!nee may grant permits
to responsible persons or organizations for the broadcast or amplification of programs of
music, news, speeches, or general entertainment as a part of a national, state or City
event, public festivals, or special events of a noncommercial nature. If the City
Administrator or desil!nee disapproves such a permit, the matter may be appealed
pursuant to the AMC 2.30. and the decision of the Hearinl!s Officer. who shall not
he the City Administrator. to the City Council whose decision shall be final. The
broadcast or amplification shall not be audible for a distance of more than one thousand
(1,000) feet from the instrument, speaker, or amplifier, and in no event, shall a permit be
granted where any obstruction to free and uninterrupted traffic, both vehicular and
pedestrian, will result.
12. The making of a noise by crying, calling, or shouting or by means of a whistle, rattle,
Ordinance Amending AMC Chapter 9
Page 8 of 15
bell, gong, clapper, horn, hammer, drum, musical instrument, or other device for the
purpose of advertising goods, wares, or merchandise, attracting attention, or inviting
patronage of a person to a business. However, newsboys may sell newspapers and
magazines by public outcry;
13. The conducting, operating, or maintaining of a garage within one hundred (100) feet
of a private residence, apartment, rooming house, or hotel in such manner as to cause
loud or disturbing noises to be emitted there from between the hours of eleven (11 :00)
p.m. and seven (7:00) a.m.)
C. 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.
L50--50 DBA L50--45 DBA
LlO--55 DBA.LlO--50 DBA
Ll--60 DBA Ll--55 DBA
where:
L50 = noise level exceeded 50% of the time
LlO = noise level exceeded 10% of the time
Ll = noise level exceeded 1 % of the time
2. Standards for measurement. Standards for measurement of noise sources shall be
described in "Sound Measurement Procedures Manual," current revision, as adopted by
the State Department of Environmental Quality.
3. Where measured. Measurement of a noise source shall be made from the closest
residential structure in a residential zone.
4. Construction activities exempted. Noise from temporary construction activities is
exempted from the noise performance standards from 7:00 a.m. to 9 p.m.
5. 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.
D. Unnecessary noise is a Class I violation.
9.08.175 Heat Pumps or Mechanical Devices
Ordinance Amending AMC Chapter 9
Page 9 of 1.5
No person shall cause or permit to exceed, on property under their ownership or control,
the standards set forth in Section 15.04.185 of the Municipal Code. Heat Pumps or
Mechanical Devices is a Class II violation.
9.08.180 Notices - Advertisements
A. No person shall scatter, litter, or cause to be scattered, or littered any placards,
advertisements, or other similar materials on public or private property. Notices-
advertisements is a Class III violation.
9.08.190 Declaration of Nuisance - General Nuisance
A. The acts, conditions, or objects specifically enumerated and defined in Section
9.08.020 through Section 9.08.180 and in Section 13.16.065 are declared public
nuisances and such acts, conditions, or objects may be abated by any of the procedures
set forth in AMC 2.31 and this Chapter. SectioR 9.IlS.21l1l through SeetioR 9.IlS.231l.
Abatement procedures in AMC 9.08 are non-exclusive remedies for identified
nuisances and e:eneral nuisances.
B. In addition to the nuisances specifically enumerated within this chapter, every other
thing, substance, or act which is determined by the Council to be injurious or detrimental
to the public health, safety, or welfare of the City is declared a nuisance and may be
abated as provided in this chapter.
C. General nuisance under 9.08.190.8. is a Class II violation.
SECTION 3. Sections 9.08.270 [Prohibiting the Sale of Coal] is hereby amended to read as
follows:
9.08.270 Prohibiting the Sale of Coal
No person, firm or corporation shall sell, trade, deliver or give away coal within the City
of Ashland. This shall apply to coal that is intended or suitable for use in stoves for
heating and does not include charcoal. Violation of this Section is subject to the penalties
set forth in section 9.08.250. Coal Sale is a Class III violation.
SECTION 4. Sections 9.12.020 [Keeping Junk - Unlawful Out of Doors] through 9.12.035
[Storage and Disposal of Junk on Calle Guanajuato] is hereby amended to read as follows:
9.12.020 Keeping Junk - Unlawful Out of Doors
It is determined and declared that the keeping of any junk out of doors on any street or
other public property, lot, or premises within the City, or in a building that is not wholly
or entirely enclosed except doors for use for ingress and egress, is a nuisance and is
unlawful. Keepine: Junk - Unlawful out of doors is a Class II violation.
9.12.030 Keeping Junk - Exposed to View Unlawful
It is unlawful for any owner, lessee, or occupant to keep any junk on any lot or premises
within the City, or in a building that is not wholly or entirely enclosed except doors used
Ordinance Amending AMC Chapter 9
Page lOof15
for ingress and egress. It is unlawful for any person, their agent or employee, to keep any
junk on any street or other public property. KeeDinl! iunk - exposed to view unlawful is
a Class II violation.
9.12.035 Storage and Disposal of Junk on Calle Guanajuato
A. The regulations in this section shall apply to properties that have access to Calle
Guanajuato, that area of Lithia Park that is between Winburn Way and North Main Street,
and between the Plaza and Granite Street.
B. In addition to the regulations on junk contained in this chapter, junk shall only be
stored within a building, in an area completely enclosed from view that is closed tightly
so that flies, odors, junk, liquids, and vermin cannot escape from the junk and affect Calle
Guanajuato.
C. The Council may approve a storage device which may be used on private land that is
not entirely enclosed in a building, if, in the Council's opinion, it provides sufficient
protection from odors, waste materials, waste liquids, oils, fats, and flies.
D. The Council may set aside a common area for storage of junk and recyclable materials
for the use of businesses located on properties that have access to Calle Guanajuato. The
Council shall assess each business its pro-rata share of the costs of disposal of junk from
the common area. Every business shall be assumed to benefit from the disposal area
unless it has an area for its own use that is entirely enclosed within a building, and of
sufficient size to accommodate the junk and other waste produced by the business.
E. In assessing the pro-rata share of disposal costs to a business, the Council may use
average waste produced or expected to be produced by that type of business. The costs
shall be assessed on the normal electric utility bill, and be the responsibility of the person
to whom the electric utility account is registered.
F. It is a violation of this ordinance for a person to use the common area for disposal if
they are not being assessed for the costs of the disposal of junk from that area.
G. Storal!e and disposal of iunk on Calle Guanaiuato is a Class II violation.
SECTION 5. Section 9.12.060 [Violation - Penalty] regarding 9.12 [Nuisance -- Junk] is
hereby amended to read as follows:
9.12.060 Violation - Penalty
If the notice is given as provided in section 9.12.050 and the owner, lessee, or occupant
fails to comply with this chapter, or any person keeps junk on any street or other public
property, then said person is in violation of this chapter and, upon conviction, is
punishable as prescribed in Section 1.08.020. Unless otherwise specified. violation of
this chapter is a Class II violation.
SECTION 6. Sections 9.16.010 [Control Required] through 9.16.080 [Penalties for Violation]
are hereby amended to read as follows:
Ordinance Amending AM C Chapter 9
Page 11 ofl5
9.16.010 Control Required
All dogs must be confined by fence, leash, or obedience training to the property of the
person owning, harboring or having the charge, care, control, custody or possession of
such dog; however, it shall be permissible for a dog to be confined by fence, leash or
obedience training to the property of another if such other person has given express
permission. Provided, however, that the City Council may, in its discretion, designate
certain areas within the City where dogs may be permitted to run free while under the
owner's or keeper's control. Control required is a Class IV violation.
9.16.020 Vicious Dogs - Control Required
Any dog that is vicious or dangerous to the safety of persons must be confined by
enclosure or a leash to property of its owner or keeper. ~iciOtisrdl'f2S"ConfiffiU"e(jiiir,ea'i~
~
9.16.030 Dog - Control Required When in Car or Truck
~
It is permissible for a dog to be confined to a car or truck, which is owned by its owner or
keeper, and such confinement may be either by physical means or by obedience training.
The duration and circumstances of the confinement shall be consistent with
minimum care for the animal under Ore!!on statutes protectin!! animals from
mistreatment or abuse.
9.16.040 Leash Required
Any dog not confined to property as set forth above in this chapter and which is on either
public or private property must be on a leash not longer than six (6) feet in. length. Leash
required is a Class IV violation.
9.16.050 Unattended Dogs
Dogs not on private property as described above must always be attended by their owner
or person having the custody of such dog; and, it shall be unlawful for any person to tie
or permit to be tied or remain tied a dog or any other animal to any tree, hydrant, railing,
or other object on the public property ofthe City of Ashland. Unattended do!!s are a
Class IV violation.
9.16.055 Removal of Dog Waste
Any person, with the exception of a sightless person, responsible for any dog, shall be in
possession of tools for the removal of, and shall remove, excrement deposited by the dog:
A. In any public area not designed to receive those wastes, including but not limited to
streets, sidewalks, parking strips, the Plaza islands, city parks and trails or roads
paralleling ditches, swales, culverts, canals and similar facilities owned or operated by
the Talent Irrigation District or the City of Ashland, or
Ordinance Amending AM C Chapter 9
Page 12 of 15
B. On any private property. It is an affirmative defense to a prosecution on any charge
under this subsection that the property owner or person in charge of the property
consented to such use of the property.
Removal of do!! waste is a Class IV violation.
d) 9.16.060 Dogs - City Parks or Plaza Islands
Dogs, except for service animals. seeing eye dogs when in the custody and control of a
person legally blind, are not permitted in any of the city parks or the Plaza islands under
any condition except as provided in section 9.16.030; except that the Ashland Park
Commission may designate certain defined area within such parks where dogs may be
allowed on a leash which conforms tD the above requirements; and except that a person
may walk a dog on a leash through the Plaza islands if the dog remains on the paved
portions of the Plaza islands. "Service animal" for purposes of this Chapter means an
, animal that is trained to perform tasks for an individual with a disability. The tasks
may include. but are not limited to. !!uidin!! a person who is visuallv impaired or
blind. alert!n!! a person who is deaf or hard of hearin!!. pullin!! a wheelchair. assistin!!
with mobility or balance. alertin!! and protectin!! a person who is havin!! a seizure.
retrievin!! obiects. or performin!! other special tasks. A service animal is not a pet or
, companion animal. Do!!s - City Parks or Plaza islands is a Class IV violation.
9.16.065 Dogs - City Cemeteries
Dogs, except for service animals. with the exception of seeing eye dogs, are not
permitted in any of the City cemeteries under any conditiDn. Do!!s - city cemeteries is a
Class IV violation.
9.16.070 Dogs Noise
It shall be unlawful for any person to keep within the City of Ashland any dog
which by long eontinued barking d~sturbs or annoys another person within the City.
9.16.080 Penalties fer Violation
LA.ny person who yiolates any provision of this chapter shall be punished as set ferth
in Section 1.08.020 of the ?shlandMunicipal Code.
SECTION 7. Section 9.20.030 [Polystyrene Foam Banned - Food Packaging] is hereby
amended to read as follows:
9.20.030 Polystyrene Foam Banned - Food Packaging
A. Effectin January 1, 1990, no No restaurant, retail food vendor or non-profit food
provider shall serve food, and after March 31, 1990 no food packager shall package
eggs, bakery products or other food in polystyrene foam (PSF) containers, manufactured
with chlorofluorocarbons (CFCs) which do not reduce the potential for ozone depletion
by more than ninety-five percent (95%), compared to the ozone depletion potential of
Ordinance Amending AMC Chapter 9
Page 13 of 15
CFC-12 (dychlorodifluorothane). Compounds banned include: CFC-II, CFC-12, CFC-
113, CFC-114, CFC-I15, Halon-I2lI, Halon-I 301 and Halon-2402. Food vendors may
be required to furnish a written statement from the manufacturer or supplier of
polystyrene foam products used by that food vendor, indicating that the chemical
compounds used in the manufacture of the vendor's polystyrene foam products meet the
provisions of this ordinance. This section does not apply to meat, including beef, poultry,
seafood or pork, packaged in polystyrene foam containers.
B. Eff-ective January 1, 1991, no No restaurant food packager, non-profit food provider
or other person shall serve, sell, give away, deliver or provide in anyway, food in any
pDlystyrene foam (PSF) products, nor sell polystyrene foam (PSF) products intended for
use as disposable food containers, unless such person has developed a method for
recycling said PSF packaging used on-site. In no case, after January 1, 1991 however,
shall such PSF packaging be used for carry-out service, nor shall such packaging leave
the premises of the vendor or provider.
SECTION 8. Sections 9.20.050 [Enforcement] regarding 9.20.030 [Polystyrene Foam Banned-
Food Packaging] is hereby amended to read as follows:
9.20.050 Enforcement
The City Attorney, upon determination that a ';iolation of thi~ Ordinanee has
occurred, shall hsue a written notice of the violation by certified mail to the yendor
or food packager which will specify the violation and appropriate penalty.
Violations of this ordinance shall be deemed a Class II violation an infraction, and shall
be punishable as set forth in section 1.08.020 of the Municipal Code. The yendor or
food pacl{ager shall, upon receipt of a notice of violation, pay to the City the stated
penalty, or appeal the finding of a violation to the Ashland Municipal court by
~el)uesting a hearing within fifteen (IS) days ofreceipt Betke notice.
SECTION 9. Sections 9.24.060 [Penalty] regarding 9.24.010 --: 9.24.060.[Woodstove
Curtailment] is hereby amended to read as follows:
9.24.060 Penalty
Failure to complv with the Disclosure, Removal, Disposal and Certificate
requirements of AMC 9.24.055 is punishable as a Class I violation. In addition, the
cost of Court or Administrative proceedinl!:s to enforce the removal requirement
shall be imposed. Any person violating or causing anv other tIt-e violation of any of the
provisions of this Chapter shall be punishable as a @Iitssj'jij violation prescribed in
Section 1.08.020 of the Ashland Municipal Code.
SECTION 10. Severability. If any section, provision, clause, sentence, or paragraph of this
Ordinance or the applicatiDn thereof to any person or circumstances shall be held invalid, such
invalidity shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance
which can be given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
Ordinance Amending AMC Chapter 9
Page 14 of 15
SECTION 11; Savings. Notwithstanding this amendment, the City ordinances in existence at
the time any criminal or civil enforcement actions or other actions as required by state law, were
commenced shall remain valid and in full force and effect for purposes of all cases filed or
commenced during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions or applications commenced and continued under the laws in effect at the time the
matters were originally filed: '
SECTION 12. Codification. Provisions of this Ordinance shall be incorporated in the Ashland
Municipal Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter' or another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
and typographical errors and cross references may be corrected by the City Recorder, provided
however that Sections 10 thru 12, unincorporated Whereas clauses and boilerplate provisions
need not be codified.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the _ day of ,2010,
and duly PASSED and ADOPTED this _ day of ,2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance Amending AM C Chapter 9
Page 15 of 15
CITY OF
A.SHLAND
Council Communication
Ordinance Amending AMC Chapter 10 Relating to Classification of Offenses
Meeting Date: August 3, 2010 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: City Recorder Secondary Contact: Megan Thornton
Approval: Martha Bennett Estimated Time: 5 minutes
Question:
Should the Council approve Second Reading of an ordinance amending Chapter 10 to add provisions
concerning the classification of offenses?
Staff Recommendation:
Staff recommends that the Council approve Second Reading and adoption of the ordinance.
Background:
On July 20th, 2010, CDuncil made two changes tD the Ordinance. In the Classification table below the
changes are as follows: AMC 10.46.020 Camping Prohibited has been changed from a Class II to a
Class IV and AMC 10.68.330 Prohibited Camping has been changed from a Class III to a Class IV.
The Classes and maximum penalties are follows: (I) Class I: $720; (2) Class II: $360; (3) Class III:
$180; (4) Class IV: $90. The Chapter contains the following recommended classifications:
CHAPTER 10: PUBLIC PEACE, MORALS AND SAFETY
AMC Title Class
10.04.030 Interference with a public safety radio Crime
CMisd.
10.26.050 Swimming Pool Barrier - Penalty I
10.30.050 A- Outdoor Burning Penalties I
B
10.40.030 Consumption of alcoholic liquors in public III
places prohibited
10.40.040 Open Containers Prohibited III
10.44.020 Disorderly Conduct - Nudity - Penalty III
10.46.020 Camping Prohibited IV
10.46.030 Sleeping on Benches IV
10.56.030 A- Prohibited Uses of Fountains and I
B Monuments
10.60.020 Horses Prohibited II
10.60.050 Library property-Retention past due date IV
prohibited
10.64.030 Sidewalk Obstruction I
10.68.060 Prohibited Commercial Activity - Parks I
10.68.080 Notices prohibited IV
10.68.090 A- Intoxicating liquor prohibited II
Page 1 of3
".l 1
CITY OF
ASHLAND
C
] 0.68.] 00 Littering Prohibited II
]0.68.] ]0 Injuring or defacing property prohibited II
]0.68.]20 Park property - Prohibited uses III
]0.68.]30 Betting prohibited II
10.68.140 Firearms and eXDlosive prohibited I
]0.68.]50 Injuring wildlife prohibited I
] 0.68.170 Park waters -Use II
10.68.] 80 Whistles Prohibited IV
10.68.190 Park rules-Destruction' of notice prohibited I
10.68.200 A- Animals in Parks IV
D
10.68.210 A- Vehicles- Use restricted III
D
10.68.220 Emergencv vacation I
10.68.230 Sleeping prohibited IV ,
10.68.240 Comfort stations IV
] 0.68.250 "No admittance" I
"reserved" sign II
10.68.260 Swings - Hammocks IV
10.68.270 Fires outside designated areas II
Fires when Fire Restricted I
10.68.280 Permit - Inspection IV
10.68.290 Permit - Conditions II
10.68.300 Barriers - Compliance III
]0.68.310 Park Officers - Obedience required III
10.68.330 Prohibited Camping IV
]0.68.370 Parking limitations- Campers III
10.68.380 Lithia Park Curfew IV
10.92.020 A- Discharging weapons Crime Class
B A.Misd.
]0.100.010 Prohibited Social gambling II
10.110.070 Fair Housing Penalties I
10.] ]5.080 Tenant Rights Penalties I
(See also Minimum fine $500)
Councilor Silbiger's comments are addressed as follows:
. "Service animal" replaces reference to dogs for blind and deaf.
. Intoxicating liquor is modified to allow for alcohol at the Golf Course
. Exceptions to firearms use in 1O.92.020.B, acknowledged.
. Allowance for dogs offleash in dog parks addressed.
. Firearm and weapons discharge authorized at licensed facilities.
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Page2of3
~~,
CITY OF
ASHLAND
Council Options:
(I) Read changes and move to approve Second Reading and adoption of the ordinance.
(2) Postpone Second Reading.
Potential Motions:
Staff: Conduct Second Reading (Title Dnly) and read changed sections.
Council: Move to approve Second Reading of the ordinance with changes as read and approve
adoption of the Ordinance.
Attachments:
Amended ordinance.
Page) of 3
r~'
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES,
AMENDING AMC CHAPTER 10, PUBLIC PEACE, MORALS AND
SAFETY AND REMOVING UNNECESSARY REGULATIONS
AnnDtated to show eeletiofls and additions to the code sections being modified. Deletions are
bold" ,-, _L and additions are bDld underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers hDme rule constitutional provisions reserved tD Oregon Cities. Citv of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton ShOD, 20 Or. App. 293,
531 P 2d 730, 734 (1975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for City
ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class II, unless
otherwise specified; this Chapter is being amended to specify classifications where appropriate.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 10.04.030 [Interference with Police] through Section 10.04.040
[Penalties] are hereby amended to read as follows:
10.04.030 Interference with peIiee a public safety radio
A. No flerson shall hinder, delay, ollstruet or resist a floliee offieer or flerson duly
emflowered with floliee authority who is aetin!; in the diseharge of offieial duties,
B. No person shall operate any generator Dr electromagnetic wave or otherwise cause a
disturbance of such magnitude as to interfere with the proper functioning of any police.
fire, or emerl!:enCV radio communication system of the city. Interference with public
safety radio is a Class C misdemeanor.
Co No flerson shall refuse to leave the area of an arrest, eustody, or stofl, or having
left that area, re enter it, after lIeiR!; direeted to lea';e the area lIy a flenon know to
Ordinance Amending AMC Chapter 10
Page 1 of 16
him to be a peace officer. "To leave the area of an arrest, eustolly or stop" means to
physieally mo' Ie to a 'oeation not less than ten (10) feet extenlling in a rallius from
where a police offieer is engagell in effecting an arrest, taldng a person into eustolly,
or stopping a person, pro\'illell that the peace officer may e!l:tenll the rallius beyonll
ten (10) feet when the officer reasonably believes that the extension is necessary
heeause of suhstantial risk of physical injury to any person.
10.01.010 Penalties
Any person '/iolating this section shall he guilty of a misllemeanor as set rerth in
Section 1.08.010.
SECTION 2. Section 10.12.010 [Assault] through Section 10.12.090 [Penalties] are hereby
amended to read as follows:
10.12,A.ssault
10.12.010 Assault anll Battery
No person shall attacl., assault, or commit a hattery upon another person.
10.12.020 Offensive Physical Contact
No person shall eause or attempt to eause another person reasonably to apprehenll
that the person will he suhjeetell to any offensio;e physical contact, inelulling hut not
limitell to touching, grabbing or strildng, either to the person or to personal
property in the person's immelliate possession.
10.12.090 Penalties
,\ny person violating any section within this chapter shall he guilty of a
misllemeanor as set rerlh in Seetion 1.08.010.
SECTION 3. Section 10.26.050 [Swimming Pools -Barrier- Penalty] is hereby amended to read
as follows:
10.26.050 Violation - Penalty
Any person, firm or corporation found in violation of the terms of this chapter, and upon
conviction, shall be guilty of an infraction a Class I violation anll shall be punishell as
set forth in Section 1.08.020 of the Mnnicipal Colle.
SECTION 4. Section 10.30.050 [Outdoor Buming- Enforcement and Penalties] is hereby
amended to read as follows:
10.30.050 Enforcement and Penalties
A. Any person, firm or corporation, whether as a principal agent, employee or otherwise,
violating or causing violation of any of the provisions of this ordinance, includinl! but
Ordinance Amending AMC Chapter 10
Page 2 of 16
not limited to unpermitted bumin!! or violation of permit requirements. has
cDmmitted an infraetion a Class I violation, and upon conviction thereof, is punishable
as prescribed in Section 1.08.020 of the Ashland Municipal CDde. Such person, firm or
corporation is guilty of a separate violation for each and every day during which any
violation of this =HtIe Chapter is committed or continued by such person, firm or
corporation.
B. Outside burning without a permit or a campfire in violation of this chapter is a public
nuisance and may be summarily abated by the Fire Chief, Chief of Police, or their
representatives.
SECTION 5. Section 10.40.010 [Liquor Regulations - Bartender not to drink on duty] through
Section 10.04.040 [Open Container Prohibited] are hereby amended to read as follows:
10.40. Liquor Re!!ulations
111.40.010 Bartender not to drink on duty
No bartender shall drinl, or eonsume alcoholic liljuor, or be under the inlluence of
alcoholic Iiljuor, while on duty in a Iicenscd premise.
10.40.020 License scope Conf~rmanee Feljuired
No licensee, OF employee of licensee, shall have in possession on the liccnsed premise
alcoholic Iiljuor that is not included within the scope of the license for such premises.
10.40.030 Consumption of alcoholic liquors in public places prohibited
No person shall drink or consume alcoholic liquor in or upon any street, alley, public
ground, or other public place unless the place has been licensed for that purpose by the
Oregon Liquor Control Commission. Consumption of alcoholic liquors in public
places prohibited is a Class III violation.
10.40.040 Open Containers Prohibited
A person commits the offense of violation of the open container law if the person
possesses on one's person, while in or upon any street, alley, public ground, or other
public place unless the place has been licensed for that purpose by the Oregon Liquor
Control Commission, any bottle, can or other receptacle containing any alcoholic liquor,
which has been opened, or a seal broken, or the contents of which have been partially
removed. It shall not be a violation ofthis section, however, if the bottle, can or other
receptacle is within a mDtor vehicle and in compliance with ORS 811.170, the open
container law in a motor vehicle. Open containers prohibited is a Class III violation.
Ordinance Amending AMC Chapter 10
Page3 of 16
SECTION 6. Section 10.44.010 [Disorderly Conduct] is hereby amended to read as follows:
10.11.010 Disorderly eonduet
?. No peF50n shall without good cause, while on the premises of a driye in
restaurant, drive in banI., drke in theater, driYe in business, public parldng facility,
or other public or private property where parldng or driye in facilities are offered
or extended to publie use, impede the orderly moyement of vehieles or pedestrian
traffie.
"
SECTION 7. Sections 10.44.015 [Pedestrian Interference] and 10.44.020 [Disorderly Conduct-
Penalties] is hereby amended to read as follows:
10.4~.0IS Pedestrian Interferenee
f.. No person shall bloel. or interfere with, or attempt to block or interfere with, any
person 'along a public sidewall. or any area designed or designated for pedestrian
traffie, by any means, including but not limited to standing, sitting or lying, on that
part of the sidewall. or area used f~r pedestrian trayel or placing any object or
vehicle in such sidewall. or area, with the intent to interfere with free passage.
B. No person shall bloek or interfere with, or attempt to bloel. or interfue with,
pedestriaH or "iehieular entrances to publie or pri-late property abutting a publie
sidewall. with the intent to interfere v:ith the f-ree ingress to or egress from sueh
property.
C. This section shall not apply to any aeth'ity otherwise made lawful.
10.44.020 Penalties
Any person violating any section within this chapter shall be guilty Df a Class III (;lass
(; violation as that class is defined under Oregon law and AMC 1.08.020.
SECTION 8. Section 10.46.020 [Camping Prohibited] and Section 10.46.030 [Sleeping on
Benches] are hereby amended to read as follows:
10.46.020 Camping Prohibited
No person shall camp in or upon any sidewalk, street, alley, lane, public right-of-way,
park, or any other publicly-owned property or under any bridge or viaduct, unless
otherwise specifically authorized by this code, by the owner of the property, or by
emergency declaration under AMC 2.62.030. ~ampinl!'Pl1oliiJ)jIe"'d~isfat@lassll\~
~'.I-ti
,10 a on1
10.46.030 Sleeping on Benches or Within Doorways Prohibited
A, No person shall sleep on public benches between the hours of9:00 p.m. and 8:00 a.m.
Sleepinl! on benches is a Class IV viDlation.
Ordinance Amending AM C Chapter 10
Page 4 of 16
B. No person slIall sleep in any pedestrian or vehieular entranee to publie or private
property abutting a publie sillewall..
SECTION 9. Section 10.46.050 [Penalties] is hereby amended to read as follows:
10.46.050 Mitil!ation of Penalties
f.. Any person violating seetion 111.16.020 or 10.16.030 shall be guilt)' of a violation
as set forth in Section 1.08.020.
B. Up to 18 hours of community serviee may be ordered by tlIe Court anll sueh
serviee may inelude clean up of illegal eampsites. The court shall consider in
mitigation of any punishment imposed upon a person convicted of prohibited camping
whether or not the person immediately removed the campsite upon being cited. For
purpose of this section, removal ofthe campsite shall include all litter, including but not
limited to bottles, cans, garbage, rubbish and items of no apparent utility, deposited by
the person in and around the campsite. All litter in and around the campsite shall be
presumed to be deposited by the person convicted of prohibited camping. Such
presumption shall be rebuttable, however.
SECTION 10. SectiDn 10.56.030 [Prohibited Uses of Fountains and Monuments] is hereby
amended to read as follows:
10.56.030 Prohibited Uses Df Fountains and Monuments
A. No person shall climb, stand, lie or sit upon any public statue, monument or decorative
or drinking fountain except that a person may sit upon that portion of any such monument
or decorative fountain designed for sitting.
B. No person shall wash, bathe, shower, brush teeth or wash clothes or other articles in
any decorative or drinking fountain.
C. Prohibited uses offountains and monuments is a Class I violation.
SECTION 11. Section 10.60.020 [Injury to or removal of property] is hereby amended to read
as follows:
10.60.020 Injury to or remo"/al of property Horses prohibited
,~.. No peFson, without proper authority, shall eut, remO"/e, defaee, or in any manner
injure or lIamage real or personal propert). of the eit)' within or witlIout the
eorporate limits
B. No person, witlIout proper autlIorit)., shall wilfully defaee, injure, tamper with,
breal., or lIestroy auy property, real or personal, belonging to or under the eontrol
of another. - .
(;, No person shall lead, drive, or ride a horse on public property, except upDn that
portion of a street where vehicular traffic is authorized. Horses prohibited is a Class II
violation.
Ordinance Amending AMC Chapter 10
Page 5 of 16
SECTION 12. Section 10.60.050 [Library Property- retention past due date prohibited] and
Section 10.60.060 [Violation Penalty] are hereby amended to read as follows:
10.60.050 Library property - Retention past due date prohibited
No person shall willfully or maliciously detain any book, newspaper, magazine,
pamphlet, or manuscript belonging to the public library for thirty (30) days after notice in
writing from the librarian of such library, given after the expiration oftime which by
regulations of such library such book, newspaper, magazine, pamphlet, phonograph
record, or manuscript may be kept. The notice shall bear upon its face a copy of this
section and Section 10.60.060. Library propertv - retention past due date prohibited
is a Class IV violation. Nothin!! herein shall prohibit criminal prosecution for theft
under Ore!!on Law.
10.60.060 Violation Penalty
Any person '/iolating any of the pro'/isioBs of this ehapter is guilty of an infraction '
and shall he suhjeet to the penalties set ferth in SeetioB 1.08.020.
SECTION 13. Sections 10.64.010 [Obstructing passageways] through 10.64.030 [Penalty for
Violation] are hereby amended to read as follows:
10.64.010 Obstructing passageways
A. Except as otherwise permitted by ordinance, no person shall use a street or public
sidewalk for selling, storing, or displaying merchandise or equipment.
B. The provisions of this section shall not apply to the delivery of merchandise or
equipment, provided the owner or person in charge of the merchandise or equipment or
the property abutting on the street or sidewalk upon which the merchandise or equipment
is located removes the merchandise or equipment within a reasonable time.
C. Except as otherwise permitted by ordinance, no person shall place any object on a
public sidewalk which restricts the clear passageway for pedestrians to less than ei!!ht
feet. except when the sidewalk is less than eleven feet in width. then the measure
shall be six feet, or place any object on a public sidewalk at a street comer or within five
feet of the curb return.
10.64.030 Penalty for Violation
Any person who violates any provision of this Chapter shall be punished as set forth in
Section 1.08.020 of the Ashland Municipal Code. Sidewalk obstruction is a Class I
violation.
SECTION 14. Section 10.68.060 [Penalty for Violation - Commercial Activity] is hereby
amended tD read as follows:
10.68.060 Penalty for Violation
Ordinance Amending AMC Chapter 10
Page 6 of 16
No one shall sell or offer for sale any article or perform or offer to perform any service
for hire in any of the parks without a written permit for such cDncession properly and
regularly granted by the Park Commission. No one shall hawk or peddle popcorn, ice
cream, candy, soda water, peanuts, or similar wares within or on any of the park grounds
of the city without first securing a permit to do so from the Park Commission.
Unpermitted commercial activity is a Class I violation.
SECTION] 5. Section 10.68.080 [Notices prohibited] is hereby amended to read as follows:
] 0.68.080 Notices prohibited
No one shall erect on any pole or post or attach any notice, bill, poster, sign, wire, rod or
cord to any tree, shrub, fence railing, fountain, wall, post, structure or other device of any
kind whatever, on any of the bases, statues, bridges, or monuments in any park without
permission of the Park Commission. Notices prohibited is a Class IV violation.
.
SECTION ]6. Section 10.68.090 [Intoxicating Liquor prohibited] through Section 10.68.330
[sleeping prohibited] are hereby amended to read as follows:
]0.68.090 Intoxicating liquor prohibited
It is unlawful for any person to take any intoxicating liquor or beverage into any portion
of the public parks of the city, except that:
A. Intoxicating liquor or beverages may be transported through the Lithia Park extension
area which is located between North Main Street and Winburn Way and between
Ashland Creek to the west and the Plaza to the east.
B. This section and the prohibitions on the possession and use of intoxicating liquor shall
not apply to that portion of the park that is leased to the Oregon Shakespeare Festival
Association.
C. This section and the prohibitiDns on the provision and use of intoxicating liquor shall
not apply to the park property commonly known as Calle Guanajuato only when such is
served with prepared meals and with the express approval of the Ashland Park and
Recreation Commission and the Oregon Liquor Control Commission.
D. This section and the prohibitions on the provision and use of intoxicatinl! liquor
, shall not applv to the park property common Iv known as Oak Knoll Golf Course
onlv when such is served as part of the City Golf Course operation or approved
concession with the approval of the Ashland Park and Recreation Commission and
the Orel!on Liquor Control Commission.
E. IntDxicatinl! liquor prohibited is a Class II violation.
] 0.68.] 00 Littering Prohibited
Ordinance Amending AMC Chapter 10
Page 7 of 16
No one shall obstruct the free use and enjoyment of any park, or place any straw, dirt,
chips, paper, shaving, shells, ashes, swill or garbage or other rubbish even though not
offensive to health in or upon any portion of the Park. Litterin!! prohibited is a Class II
violation.
10.68.11 0 Injuring or defacing property prohibited
No one shall remove, destroy, break, injure, mutilate, or deface in any way, any structure,
monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, tree, shrub, fern,
plant, flower, or other property in the park. Iniurin!! or defacin!! property prohibited is
a Class II violation.
10.68.120 Park property - Prohibited uses
No one shall climb any tree, or walk, stand, or sit upon the monuments, vases, fountains,
railings, or fences in any park. Parks property-Prohibited uses is a Class III violation.
10.68.130 Betting prohibited (unless authorized consistent with statute)
No game of chance or betting of any kind will be permitted within the park boundaries.
Bettin!! prohibited is a Class II violation.
10.68.140 Firearms and explosives use prohibited
Except as permitted bv AMC 10.92.020.B.. no No one shall use firearms, fireworks,
firecrackers, torpedoes, or explosives of any kind in any park. Firearms and explosives
use prohibited is a Class I violation.
10.68.150 Injuring wildlife prohibited
No one shall use any weapon, stick, stone, or missile of any kind to destroy, injure,
disturb or molest any wild or domestic animal, fowl, or fish within the park limits.
Iniurin!! wildlife prohibited is a Class I violation.
10.68.170 Park waters - Use
No one shall fish, wade, swim, or bathe in any of the parks except the places designated
for such purposes, except, however, that children of the age ofthirteen (13) years and
under shall be permitted to fish within the present, or hereinafter designated, boundaries
of Lithia Park. Park waters-use is a Class II violation.
10.68.180 Whistles prohibited
Except for sports officials and coaches durin!! scheduled events, ~!isitors shall not
sound whistles in any of the parks. Whistles prohibited is a Class IV violation.
Ordinance Amending AMC Chapter 10
Page 8 of 16
10.68.190 Park rules-Destruction of notice prohibited
No person shall injure, deface, or destroy any notice of rules and regulations for the
government of the parks, which shall have been posted or permanently fixed by order or
permission of the park commission. Destruction of notice is a Class I violation.
10.68.200 Animals
A. Dogs, except for service animals, seeing eye lIog~ anllllog~ for the lIeaf, when io
the cH~tolly Roll control of a persoo legally blinllor lIeaf, are not permitted in any of
the City Parks under any conditions except as provided in Section 9.16.030; and except
that the Ashland Parks and Recreation Commission may designate certain defined areas
within such parks or "doe parks" where dogs may be allowed on or off a leash. whieh
eooform~ to the proyisioos of Section 9.16.010 ofthis colle. "Service animal" for
purposes of this Chapter means an animal that is trained to perform tasks for an
indiyidual with a disability. The tasks may include, but are not limited to, l!uidine a
person who is visuallv impaired or blind, alertine a person who is deaf or hard of
hearinl!, Dulline a wheelchair, assistinl! with mohility or balance, alertinl! and
protectinl! a person who is havine a seizure, retrievine obiects, or performinl! other
special tasks. A service animal is not a pet or companion animal.
B. Animals shall not be allowed to run at large, and if found within the park limits, may
be impounded.
C. No animals of any kind shall be allowed to enter any of the lakes, ponds, fountains, or
streams.
D. Owners of dogs or other animals, damaging or destroying park property, will be held
liable for the full value of the property damaged or destroyed, in addition to the penalty
imposed for violation of this chapter.
E. Animals rel!ulations are Class IV violations.
10.68.210 Vehicles - Use restricted
A. No one shall ,ride or drive any bicycle, motorcycle, scooter, motor vehicle, truck,
wagon, horse, or any vehicle or animal in any part of the parks, except on the regular
drives designated therefore; provided that baby carriages, iovalill wheelchairs, and such
vehicles as are used in the park service are not included in the foregoing prohibition. No
one shall ride or be upon any skateboard in any part of Lit hi a Park.
B. No one shall drive any hearse, vehicle in a funeral procession, market. wagon, milk
wagon, dirt cart, mDving van, dray, truck, heavy-laden vehicle, or vehicles carrying or
ordinarily used in carrying merchandise goods, tools, material, or rubbish, except such as
are used in the park service, over any drive or boulevard in any of the parks; provided,
however, the park commission may in its discretion grant permission in writing for
Ordinance Amending AMC Chapter 10
Page 9 of 16
vehicles to carry materials over the park drives or boulevards to buildings abutting on
parks, when no other road, street, or way is accessible or passable.
C. Vehicles shall be driven with great caution and at a reasonable speed, having regard
for the traffic, the safety of the public, and use of the parks. The speed on any of the
public driveways in the parks of the City ~hall not exceed fifteen (15) miles per hour.
D. No one shall hitch horses or other animals tD any tree, shrub, fence, railing, or other
structure, except such as are provided for such purpose, or allow horses or other animals
to stand unhitched while the driver or attendant is beyond reach of such horse or other
animal.
E. Vehicles-Use restricted rel!ulations are Class III violations.
10.68.220 Emergency vacation
In case of emergency, or in any case where life and property are endangered, all persons,
if requested to do so by the superintendent or other park employee, shall depart from the
portion of the grounds specified by such officer or employee, and shall remain off the
same until permission is given to return. Failure to obey an lawful order to evacuate
due to an emerl!encv is a Class I violation.
10.68.230 Sleeping prohibited
No persoB shall sleep on the seats or benches in an)' park at an)' time. No person
shall sleep or camp any place within the boundaries of any park, including public roads,
between the hours of nine (9:00) p.m. and eight (8:00) a.m. Sleepinl! prohibited is a
Class IV violation.
10.68.240 Comfort stations
No male person other than a child with its mother, or a park employee in the discharge of
such employees regular duties, shall enter a public comfort station marked "women," or
loiter about the entrance of such comfort stations. Comfort stations is a Class IV
violation.
10.68.250 "No admittance" or "reserved" sign-Compliance
No person shall enter any building, enclosure, or place within any of the parks upon
which the words "No Admittance" or "Reserved" shall be displayed or posted by sign,
placard, or Dtherwise, without the consent of the superintendent or other officer of the
parks. Violation of no admittance is a Class I violation; viDlation of reserved is a
Class II violation.
10.68.260 Swings - Hammocks
Ordinance Amending AM C Chapter 10
Page 10 of 16
No swings or hammocks shall be hung or swung in any ofthe parks, except on the posts
erected for the purpose. Swin!!:s-Hammocks is a Class IV violation.
10.68.270 Fires
No person shall build any fire at any place within the limits of any park except by an
employee of the park commission or in an area designated by the park commission for
picnic fires. Fires outside desienated areas is a Class II violation. When Fire
Restrictions are in place violation is a Class I violation.
10.68.280 Permit - Inspection
Any person claiming to have a permit from the park commission shall produce and
exhibit such permit upon request of any authorized person who may desire to inspect the
same. Permit-Inspection is a Class IV violation.
10.68.290 Permit - Conditions
All permits issued by the park commission shall be subject to the city ordinances and the
persons to whom such permits are issued shall be bound by said rules, regulations, and
ordinances as fully as though the same were inserted in such permits, and any person or
persons to whom such permits shall be issued shall be liable for any loss, damage, or
injury sustained by any person whatever by reason of the negligence of the person or
persons to whom such permits shall be issued, as well as for any breach of such rules,
regulations, and ordinances, to the person or persons so suffering damages or injury.
When not Dtherwise specified in the Code. violation of permit-conditions is a Class
II violation.
10.68.300 Barriers - Compliance
No person shall ride, drive, or walk on such parts or portions of the parks or pavements as
may be closed to public travel or interfere with barriers erected against the public.
Barriers-Compliance is a Class III violation.
10.68.310 Park officers - Obedience required
No person shall refuse a request to obey any reasonable direction of the park officers or
employees. Failure to complv is a Class III violation.
10.68.320 Park officers Interference with prohibited
NDthing contained herein shall prevent the performance of any act Dr service by the park
officers or employees which has been duly authorized by the park commission in charge.
10.68.330 Campin!!: Sleeping prohibited
Ordinance Amending AMC Chapter 10
Page 11 of 16
No person shall camp within the park limits within the city of Ashland, or on the park
side of any street adjacent to the parks. rer.oliit)'ite"dr@ampiii'i!lisVal@lassJl~~itJllifion~
SECTION 17. Section I 0.68.370 [Parking Limitations] is hereby amended to read as follows:
10.68.370 Parking limitations
No person shall park or permit to remain parked any motor vehicle which bears a motor
home or camper license on any street within, or on the park-side of any street adjacent to
the parks of this city, between the hours of2:00 A.M. and 6:00 A.M. It shall be rebuttal
presumed that any vehicle parked contrary to the provisions of this section was parked by
the registered owner thereof. Parkin!! a Camper is a Class III violation.
SECTION 18. Section 10.68.380 [Curfew] is hereby amended to read as follows:
10.68.380 Curfew
Except for Police, Fire and Park Department employees on official business no one shall
be in Lithia Park between the hours of 11 :30 P.M. and 5:30 A.M. Curfew is a Class IV
violation; Nothin!! in this provision prohibits citation for trespass under state law.
SECTION 19. Section 10.72.010 [Theft -Stolen Property] through Section 10.72.020 [Petty
Theft] are hereby amended to read as follDws:
HI. n Theft
II1.n.1I111 Stolen property
No person shall buy, reeeive, eoneeal, or attempt to buy property that is Imown or
shoulll be Imown to sueh person to haye been stolen.
111. n.020 Petty theft
No person shall tal,e or ear'1' away property of value not to exeeed two hundred
dollars ($200.00) whieh is the property of another with the intent to deprive sueh
other of sueh property permanently.
SECTION 20. Section 10.88.010. [Miscellaneous Offenses by or against Minors - Minors
generally] through Section 10.88.050 [Children Confined n Vehicles] are hereby amended to
read as follows:
10.811 Miseellaneous Offenses by or .'.gainst Minors
10.88.010 Minors generally
1\. No person shallpurehase property or an artieIe of value from a minor or ha'le
Ordinance Amending AMC Chapter 10
Page 12 of 16
lIealings respecting the title of propert)' in the possession of a minor without the
written consent of the parent or guarllian of the minor.
10.1111.020 Tobaeeo sales to anll consumption B)' minors
f.. No person shall sell, barter, trallc, gin, or in an)' manner furnish to a minor
unller the age of eigllteen (Ill) )'ears, for the consumption of sueh minor, an)'
tobacco, cigars, or cigarettes in an)' form, or an)' compounll in which tobacco forms
a component part.
B. No minor unller the age of eighteen (Ill) )'ear shall smol.e, use, or have in such
minor's possession a cigar, cigarette, or tobacco in an)' form in a public place. No
proprietor, elerl., assistant, or emplo)'ee of a plaee of bnsiness shall permit a minor
unller the age of eighteen (Ill) )'ears to frel}uent the plaee of business while the
minor is using or smolling a eigar, eigarette, or tobaceo in an)' form.
10.1111.040 Minors misrepresenting age
No person shall folsely represent his/her age in orller to obtain cigars, eigarettes, or
tobacco.
10.1111.0S0 Chilllren confinell in '..ehicles
A. f. person ha...ing custoll)' or control of a chilli unller 10 years of age commits an
inf-raction if the person leaves the chilli unattenllell in an)' vchicle where the
circumstances inllicate that the person Imew or shoulll have known that there was a
Iikelihooll of lIanger to the health or welfare of the chilli or others.
B. It shall be lawful for a police offieer finlling a chilli confinell.in violation of this
section to enter the vehicle anll remoYe the chilli using such force as is reasonably
necessary to affect an entrance to the vehicle. The Jullge in the trial of this offense
shall have lIiscretion to orller the Poliee Department to pay for the lIamages to the
nhiele if the Jullge believes that sueh payment 'Il'oulll be fair, just anll el}uitable.
SECTION 21. Section 10.90.010. [Penalties] through Section 10.90.030 [Separate Violations]
are hereby amended to read as follows:
10.90 Penalties
10.90.030 Penalties
f.n)' person violating this section shall be guilty of a misllemeanor as set forth in
Section 1.O11.010.
10.90.010 Penalties
Ordinance Amending AMC Chapter 10
Page 13 of 16
Except as otherwise noted, any person ':iolating this title is guilty of an infraetion
and shall he suhjeet to the penalties set forth in Seetion Ul8.0:20
10.90.020 Working prisoners
In any eonyiction fer violation of this title or any ordinance of the eity where the
penalty fixed by the court is confinement in the eity jail fer any term, the eourt
additionally may order that the eonyietedperson, during the term of eonfinement,
labor upon the streets or public worlis of the eity under the direction of the proper
authorities.
10.90.030 Separate ':iolations
Eaeh violation of a proyision of this title eonstitutes a separate offense.
be fair, just and equitable.
SECTION 22. Section 10.92.020. [Discharging Weapons] is hereby amended to read as
folIows:
10.92.020 Discharging weapons
A. Within the City limits of the City of Ashland. no Ne-person other than an
authori~edpeaee officer shalI fire or discharge a firearm. crossbow. bow and arrow.
blow!!un or other gun, including spring or air-actuated pelIet guns, air guns, or BB guns,
or other weapons which propel a projectile by use of gunpowder or other mechanism.
explosive, jet, or rocket propulsion, without the consent of the Chief of Police.
B. The provisions of this section shalI not be construed to prohibit the firing or
discharging of a firearm or weapon by a:
1. Person in the lawful defense or protection of such person's property.
person, or familv. as set forth in ORS 161.195;
2. Peace officer or member of the military dischar!!in!! a firearm or
weapon while actin!! within the scope of his or her official duty:
3. Government emplovee dischar!!in!! a firearm or weapon when
authorized and required bv his or her emplovment or public office to carry Dr use
firearms or weapons and while actin!! within the scope of his or her official duty;
4. Person conductin!! an athletic contest who fires blank ammunition in
a plu!!!!ed firearm toward the sky;
5. Person authorized bv permit of the chief of police to dischar!!e blank
ammunition or a weapon for a lawful purpose (e.!!. ceremonyh
6. Person lawfullv en!!a!!in!! in huntin!! in compliance with rules and
re!!ulations adopted bv the State Department of Fish and Wildlife;
7. Person dischar!!in!! a firearm or weapon on a licensed public or
private shootin!! ran!!e. shootin!! !!allery or other approved area desi!!ned or built
for the purpose of tar!!et shootin!!, when such person is a member or !!uest of said
ran!!e or area;
Ordinance Amending AM C Chapter 10
Page 14 of 16
8. Person discharl!inl! a bow and arrow for tarl!et shootinl! (tarl!et
arrow) on their own property or on another's property with the owner's consent.
provided the tarl!et is of sufficient size or arranl!ement to prevent the arrow from
leavinl! the property.
C. Discharl!inl! weapons is a Class A misdemeanor if the weapon discharl!ed
constitutes a firearm under Orel!on law. Discharl!inl! weapons is a Class I violation
if the weapon discharl!ed is not a firearm under Orel!Dn law.
SECTION 23. Section 10.100.010. [Social Gambling] is hereby amended to read as follows:
10.100.010 Social gambling
Social gambling and social games as defined in ORS 167.117 are hereby permitted in
charitable, fraternal and religious organizations. Unpermitted sociall!amblinl! is a Class
II violation.
SECTION 24. Section 10.110.070. [Fair Housing - Penalties] is hereby amended to read as
follows:
10.110.070 Penalties
Any person violating or causing the violation of any provision of this ordinance has
committed an infraetion a Class I violation, and, upon conviction thereof, is punishable
as prescribed in Section 1.08.020 ofthe Ashland Municipal Code. Such person is guilty
of a separate violation for each and every day the violation continues.
SECTION 25. Section 10.115.080. [10.115 Tenant Rights in Conversion of Existing Multi-
Family Rental Units For-Purchase Housing - Penalties] is hereby amended to read as follows:
10.115.080 Penalties
A. It shall be unlawful and a violation punishable under AMC 1.08.020 for a declarant, of
a multi-family residential building to fail to strictly comply with, or violate the notice,
relocation assistance, right to purchase, or prohibited actions provisions of this Chapter.
For purposes of this chapter, the term declarant includes the owner of the multi-family
building, regardless of the form of ownership, as well as declarant's authorized agents and
contractors.
B. A violation of any provision of this Chapter shall be a Class I violation. The
minimum fine for violation of any provision of this Chapter shall be $500.00 for each
unit affected, excluding any required state and local assessments.
SECTION 26. Severability. If any section, provision, clause, sentence, or paragraph of
this Ordinance or the application thereof to any person or circumstances shall be held invalid,
such invalidity shall not affect the other sectiDns, provisions, clauses or paragraphs Df this
Ordinance which can be given effect without the invalid provision or application, and to this end
the provisions of this Ordinance are declared to be severable.
Ordinance Amending AMC Chapter 10
Page15of16
SECTION 27 Savings. Notwithstanding this amendment, the City ordinances in
existence at the time any criminal or civil enforcement actions or other actions as required by
state law, were commenced shall remain valid and in full force and effect for purposes of all
cases filed or commenced during the times said ordinance(s) or portions thereof were operative.
This section simply clarifies the existing situation that nothing in this Ordinance affects the
validity of prosecutions or applications commenced and continued under the laws in effect at the
time the matters were originally filed.
SECTION 28 Codification. Provisions of this Ordinance shall be incorporated in the
Ashland Municipal Code and the word "ordinance" may be changed to "code", "article",
"section", "chapter' or another wDrd, and the sections of this Ordinance may be renumbered, or
re-lettered, and typographical errors and cross references may be corrected by the City Recorder,
provided however that Sections 26 thru 28, unincorporated Whereas clauses and boilerplate
provisions need not be codified.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of ,2010,
and duly PASSED and ADOPTED this day of ,2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
',2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance Amending AMC Chapter 10
Page 16 of 16
CITY OF
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 11 Relating to Classification of Offenses
Meeting Date: August 3, 2010 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: City Recorder Secondary Contact: Megan Thornton
Approval: Martha Bennett Estimated Time: 5 minutes
Question:
Should the Council approve Second Reading of an ordinance amending Chapter II to add provisions
cDncerning the classification of Dffenses?
Staff Recommendation:
StaffrecDmmends that the Council approve Second Reading and adoption of the ordinance.
Background:
First Reading of the ordinance occurred on July 20,2010. The Council did not make any changes to
the text of the Ordinance.
The Classes and maximum penalties are follows: (I) Class I: $720; (2) Class II: $360; (3) Class III:
$180; (4) Class IV: $90. The Chapter contains the follDwing recommended classifications:
AMC Title Class
11.16.090 Boarding or alighting from vehicles II
11.16.110 Unlawful riding II
11.16.120 Clinging to Vehicles II
11.16.140 Skis on streets IV
11.16.150 A- Damaging sidewalks and curbs I
C
11.16.170 Failure to remove glass and debris IV
11.20.040 Private Marking I
11.22.030 Vehicle Chains Required I
11.28.20 Tire Markings IV
11.32.040 Abandoned Vehicles Penalty II
11.40.010 Parade -oerrnit reouired IV
11.40.040 Driving through procession IV
11.44.005 Required Use of sidewalks- Pedestrian IV
11.44.010 Illegal cancellation of a Traffic Citation I
11.44.020 Crossing at right angles IV
11.44.030 Crosswalk - Use required IV
11.52.030 A. RegulatiDns: Riding IV
11.52.030 B. Regulations: Racing IV
Chapter 11
Vehicles and Traffic
Page 1 of2
~.l'
CITY OF
ASHLAND
11.52.030 C. Regulations: Method of riding IV
11.52.030 D. Regulations: Carrying articles IV
11.52.030 F. Regulations: Speed on bicycle routes IV
11.52.030 G. Regulations: Riding abreast IV
11.52.030 H. Regulations: Hitching on vehicles II
11.52.030 K. Regulations: Parking IV
11.52.050 Responsibility of Parent or Guardian III
11.52.060 Failure to Report Accidents II
11.52.070 Bicycle License Required IV
11.54.030 Skateboard Regulations-Penalty IV
rr 1.54.040]
11.60.040 Truck Routes - Penalty IV
In addition to the classification:
. AMC 11.12.050 delegates street closing to Administrator or designee.
. AMC 11.54.030 Skateboard Regulations modified to require helmets on public property.
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures.
Council Options:
(1) Move to approve Second Reading and adopt the ordinance.
(2) Postpone consideration of the proposed ordinance.
Potential Motions:
Staff: Conduct Second Reading of the ordinance by titIeonly.
Council: Motion to approve Second Reading and adopt the ordinance.
Attachments:
Proposed ordinance.
Page 20f2
~~,
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES,
AMENDING AMC CHAPTER 11, VEHICLES AND TRAFFIC, AND
REMOVING UNNECESSARY REGULATIONS
Annotated to show deletiolls and additions to the code sections being mDdified. DeletiDns are
bold" ~ H. .. and additions are bold underlined.
WHEREAS, Article 2. Section I ofthe Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the cDnstitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citvof
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop, 20 Or. App. 293,
531 P 2d 730, 734 (1975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for City
ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class II, unless
otherwise specified; this Chapter is being amended to specify classifications where appropriate.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 11.12.050 [Temporary blocking or closing of Streets] is hereby amended
to read as follows:
11.12.050 Temporary blocking or closing of streets
A. Notwithstanding other provisions of this title, the council may authorize and direct the
City Administrator, or desil!nee. is delel!ated authority bv Special Order to
temporarily block or close a City street to traffic and prohibit its use when deemed
necessary for any of the following reaspns:
I. To prevent, disturbing and interfering with parades, dances, races. or other
celebrations on the street when such temporary use has been reviewed and approved
bv the Public Works Director. Police Chief and Fire Marshal authorized by the
council;
2. To reduce traffic congestion or noise which disturbs a theatrical, sport, religious, or
other event where a substantial number of people have congregated;
Ordinance Amending Chapter II
Page 1 of 14
3. To assist in an emergency.
B. The street shall be blocked or closed by the use of signs, barricades, personal directions
of police officers, or other means which would inform the general public that the street is
closed or blocked.
SECTION 2. Sections 11.16.010 [Speed limits - Public parks] through 11.16.190 [Emergency
Vehicle] are hereby amended to read as follows:
11.Hi.010 SlIeed limits Public lIarl.s
Ne pemel1 shall drive a ','ehiele ullel1 a street ill a pHslie park at a slIeed elweedil1g fifteel1
(15) miles per IIl'lHr Hl1less sigfls ereeted il1dieate etllerwise.
11.16.020 Driying under the influel1ce Penalty
No lIerson while being under the inRuence of intoxicating liquor, barbiturates, or
nareotic drugs shall drive a ','ehiele ullon a street or lIublic IIrollerty. f.llerson
,'iolating this section is, ullon conyiction thereof, lIunishable as IIrescribed in Section
1.08.010.
11.16.030 Recldcss driving
No lIersoR shall drive a vehicle ullon a street or lIublie IIrollerty carelessly and
heedlessly in willf-ul or wanton disregard of the rights or safety of others. /\ pemon
','iolating this section is, ullon eonviction thereof, lIunishable as IIrescribed in Section
1.08.010.
11.16.010 U turns
f.. No lIerson ollerating a motor ','ehicle shall make a U turn between street
intersections or at interseetions where "No U Turn" signs ha','e been 1I0sted.
B. No lIerson shall back a ','ehicle into an intcrscction or an alley for the IIHrllose of
making a U turn at those IIlaces wherc U tUrDS are IIrohibited.
11.16.050 'l ehicles in motion Right of way
f. vehicle which has stolllled or lIarl.ed at the curb shall )'ield to mo','ing traffic.
11.16.060 Limitations on backing
Thc dri'icr of a ','ehiele shall not bacl. the ','ehiclc unless the movement can be made
with reasonable safety and without interfering with other traffic and shall in every
ease yield the right of way to moving traffic and lIedestrians.
Ordinance Amending Chapter 11
Page 2 of 14
11.1(1.070 Driying an Ilivilled streets
If a street has been Ilivillell into two (2) roallways by leaving ao intervening spaee or
by a physieal barrier or elearly inllieatellllivilling seetion so eoostruetell as to
impelle vehieular trame, a nhiele shall be Ilriven only upon the right hanll roallway
anll no 'o'ehiele shall be Ilriven over, auoss, or within the Ili'o'illing spaee, barrier, or
seetion, exeept through an opening in the physieal barrier or Ilivilling seetion or
spaee provillell fur vehiele movemeut or at an interseetion.
11.16.080 Emerging from nhiele
No person shall open the Iloor of or enter or emerge from a vehiele in the path of an
approaehing yehiele.
11.16.090 Boardingor alighting from vehicles
No person shall board or alight from a vehicle while the vehicle is in motion. Boardine
or aliehtine from vehicles is a Class II violation.
11.16.100 Rilling on motoreyeles .
A person operating a motoreyele shall rille only upon the permanent aall regular
seat attaehell thereto, anll the operator shall not earry another person Ror shall
another person rille on a motoreyele unless the motoreyele is elJuippell to earr)'
more thaR ORe person, in whieh eOo'ent a passenger may rille upon the permanent
anll regular seat if elJuippell fur two (2) persons, or upon another seat firmly
attaehellat the rear of the seat fur the operator.
11.16.110 Unlawful riding
No person shall ride on a vehicle upon any portion thereof not designed or intended for
the use of passengers. This provision shall not apply to an employee engaged in the
necessary discharge of a duty, or to a person or persons riding within truck bodies in
space intended for merchandise. Unlawful ridine is a Class II violation.
11.16.120 Clinging to Vehicles
No person riding upon a bicycle, motorcycle, coaster, roller skates, sled, or toy vehicle
shall attach the same or himself to a moving vehicle upon the streets. Clineine to
vehicles is a Class II violation.
11.16.140 Skis on streets
No person shall use the streets for traveling on skis, toboggans, sleds or similar devices
except upon play streets. Skis on streets is a Class IV violation.
Ordinance Amending Chapter 11
Page3 of14
~
11.16.150 Damaging sidewalks and curbs
A. The driver of a vehicle shall not drive upon or within a sidewalk or parkway area
except to cross at a permanent or temporary driveway.
B. No person shall place dirt, wood, or other material in the gutter or space next to the
curb of a street with the intention of using it as a driveway.
C. No person shall remove or damage a portion of a curb or move a heavy vehicle or
thing over or upon a curb or sidewalk without first notifying the City Administrator. A
person who yiolates this section shall be hehl responsible for all damage in addition
to any penalties imposed npon conviction.
D. Damal!inl! sidewalks and curbs is a Class I violation. In addition to any penalties
imposed, the court shall order payment of restitution.
11.16.170 Remoying Failure to remove glass and debris
A party to a collision or other vehicular accident or any other person causing broken glass
or other debris to be upon a street shall immediately remove or cause to be removed from
the street all glass and other debris. Failure to remove l!lass and debris is a Class IV
violation.
11.16.190 Emergency vehicle
The provisions of this title regulating the operation, parking, and standing of
yehieles shall apply to authorized emergency vehicles exeept as pro'fided by the
motor ~'ehicle la'l'/s of Oregon and as fallows:
:\. A dri'fer when operating the vehiele in an emergeney, exeept when otherwise
directed by a police officer or other authorized person, may park or stand
notwithstanding this title;
B. A driver of a poliee vehiele, fire department vehiele, or patrol 'fehicle whcn
operating the 'fehiele in an emergency may disregard regulations governing turning
in specified directions as long as such action does not endanger life or property;
C. The foregoing exemptions shall not, however, protect the driver of the vehicle
from the conselJuences of negligent aets.
SECTION 3. Sections 11.20.oI 0 [Signs and Signals - Obedience Required] through 11.20.040
[Private Marking Unlawful] are hereby amended to read as follows:
11.20 Signs and Signals
11.20.010 Signs and Signals Obedience RelJuired
A. No driver of a vehicle shall disobey the instructions of a traffic sign, signal,
Ordinance Amending Chapter 11
Page 4 of 14
marl,er, barrier, or parldng meter plaeed in accordance with the motor nhicle laws
of Oregon or this Title, induding those erected by an authorized public utility,
dcpartmcnt of the City, or other authorized person, unless it is necessary to a'/oid
contlict with other traffie or 'I\'hen otherwise directed by a police officer.
B. No unauthorized person shall mo\'e; remove, deface, tamper with, or alter the
position of a traffic sign, signal, marker, barrier, or parldng meter.
11.20.020 Vehides Stopping at Stop Signs
"'hen stop signs are erected at or near the entrance to an interseetion, the driver of
a vehie1e approaehing the sign shall come to a full stopbefere entering a cross'l'l'alI,
or intersection, except whcn directed to proceed by a police officer or traffic control
signal.
11.20.030 Stop When Traffic Obstructed
No drinr shall enter an intersection or a marl,ed crosswalI, unless there is sufficient
space on the opposite side of the intersection or crosswalk to accommodate the
'/ehicle without obstructing the passage of other nhicles or pedestrians,
notwithstanding traffie eontrol signal indication to proeeed.
11.20.040 Private Marking Unlawful
No person shall letter, mark, or paint in any manner letters, marks, or signs on a sidewalk,
curb, street, or alley, or post on a parking strip anything designed or intended to prohibit
or restrict parking in front of a sidewalk, dwelling house, business house, or in any alley,
except in compliance with this Title. Street name signs designating privately owned
streets, alleys, or driveways, may only be erected if authorized by the City Council.
Location, graphics, color, materials, and height shall be to City standards as approved by
the Director of Public Works. The Director of Public Works may allow painting of
yellow curbs designating no parking zones at private driveways to standards established
by the Director of Public Works. A permit must be obtained from the Department of
Public Works prior to installation of said yellow curb. The property owner to whom the
permit is issued is responsible for maintaining the yellow curb in good and visible
condition. Private markine: is a Class I violation.
SECTION 4. Section 11.22.030 [Vehicle Chains Required - Penalty] is hereby amended to read
as follows:
11.22.030 Penalty
The offense described in this chapter, failure to carry chains, is a Class C violation as that
class is defined under Oregon law. Subject to the Charter limitation, failure to carry
chains shall be a Class I Class .\ violation as that class is defined under Oregon law if
such failure prevents emergency services from respDnding to a call.
Ordinance Amending Chapter 11
Page 5 of 14
SECTION 5. Section 11.24.080 [Lights on parked vehicle] is hereby amended to read as
follows:
11.21.080 Light~ on parl.ed vehiele
No lights need be displayed upon a ',ehiele parked in aeeordanee with this ehapter
or parl.ed upon a street where there is suffteient light to reyeal a person or objeet
upon the street within a di~taDee of five hundred (500) feet.
SECTION 6. Section 11.28.020 [Tire Markings] is hereby amended to read as fDllows:
11.28.020 Tire Markings
No person shall obliterate or conceal any marking by a police officer, code compliance
or parkin!! officer of the tire of a vehicle for the purpose of preventing the police officer,
code compliance or parkin!! officer from determining the length of time that said
vehicle has been parked. Tire markin!!s is a Class IV violation.
SECTION 7. Section 11.32.040 [Penalty] regarding 11.32 [Abandoned Vehicles] is hereby
amended to read as follows:
11.32.040 Penalty
Violation of this chapter is a Class II violation, punishable in accordance with AMC
1.08.020.
SECTION 8. Section 11.40.010 [Parade - Permit required] is hereby amended to read as
follows:
11.40.010 Parade Permit permit required
No procession or parade, except a funeral procession or military parade, shall occupy,
march, or proceed along a street except in accordance with a permit issued by the Chief
of Police and approved by the City Administrator. The permit may be granted where it is
found that such parade is not to be held for any unlawful purpose and will not in any ,
manner tend to a breach of the peace, unreasonably interfere with the peace and quiet of
the inhabitants of the City, or cause damage to or unreasonably interfere with the public
use of the streets. Parade permit required is a Class IV violation.
SECTION 9. Section 11.40.040 [Driving through procession] is hereby amended to read as
follows:
11.40.040 Driving through procession
No driver of a vehicle other than an authorized emergency vehicle shall drive between the
vehicles comprising a funeral or other authorized procession while in motion except
where traffic is controlled by traffic control signals or when otherwise directed by a
police officer. Drivin!! throu!!h procession is a Class IV violation.
Ordinance Amending Chapter 11
Page 6 of 14
SECTION 10. Sections 11.44.010 [Use of sidewalks] through 11.44.030 [Warrant] are hereby
amended to read as follows:
11.44.005 GW Use ofsidewalks
Pedestrians shall not use a roadway for travel when abutting sidewalks are available for
doing so. Use of sidewalks is a Class IV violation.
11.44.010 Traffic Citation lIIegal cancellation of a Traffic Citation
No person shall cancel or solicit the cancellation of a traffic citation without the approval
of the municipal judge. IIIe!!al cancellation of a traffic citation is a Class I violation.
11.44.020 Crossing at right angles
No pedestrian shall cross a street at any place other than by a route at right angles to the
curb or by the shortest route to the opposite curb except in a marked crosswalk.
Crossin!! at ri!!ht an!!les is a Class IV violation.
11.41.020 Citation
For the violation of this title, excejlt Chajlters 11.28, 11.32 and 11.52, a jlolice officer
may issue a eitation -,,'hich shall be in the nature of a notice to ajljlear at a time and
jllace certain, as rcquired by law. If a jlcrson fails to comjlly with the terms oCthe
eitation, the Chief of Police may send to the jlerson, or the owner of the motor
nhiele, a letter informing the jlerson, or the owner, of the yiolation with a warning
that if the letter is disregarded for a jleriod of ten (10) days a warrant of arrest will
be issued.
11.41.025 Warnings and Citations by Code Enforcement Officer and Community
!len'ice Officer
1. The code enforcement officer or eommunity seryice officer may issue a warning
notice for any violation of this code which is jlunishable as an infraction.
'\'arning notices shall give a brief descrijltion oCthe -:iolation, the name of the
city dejlartment and emjlloyee to eontact regarding the ,'iolation, the name of the
jlerson issuing the warning notiee, the date the warning was issued, and a
statement that failure to eorreet the alleged violation or to eontaet the named
dejlartment may result in issuanee of a citation to the munieijlal court. The
warning notice shall be sen'ed ujlon the jlerson aceused of the yiolation.
2. The code enforcement officer and eommunity sen'ice officer are authorized to
enforee, and to issue a eitation for, any violation of this code which is jlunishable
as an infraction. The citation and service oCthe citation shall conform to the
requirements ofORS 153.110 to 153.310.
11.44.030 Crosswalk --Yse use required
Ordinance Amending Chapter 11
Page 7 of 14
In blocks with marked crosswalks, no pedestrian shall cross a street other than within a
crosswalk. Crosswalk use required is a Class IV violation.
11.41.030 Warrant
If a jlerson fails to comjlly with the terms of a traffic citation, the Chief of Police
shall forth'i\'ith secure and han sen'ed a warrant for the arrest of the jlerson.
SECTION 11. Sections 11.52.020 [Equipment] through 11.52.070 [Bicycle License Required]
are hereby amended to read as follows:
11.52.020 Equijlment
The following equijlment is required on allbicyeles and it is unlawful to ojlerate a
bicycle without its having such equijlment:
f.. Brakes. Brakes adequate to control the movement of and to stojl and hold such
bicycle.
R. Lights. No bicyele shall be jlermitted on any bieycle route, lane, street, or any
other highway between thirty (30) minutes after sunset and thirty (30) minutes
before sunrise without a clear, white light visible under normal atmosjlhcrie
conditions f-rom the front for not less than five hundred (500) feet, indieating the
ajljlroaeh or jlresenee of the bicyele, and also a red light or reflector mirror ':isible
for three hundred (300) feet from the rear; said lights, or reflectors, must be
attached to the bicyele or, in the alternative, an arm light may be used which may be
jllaeed on either the arm or leg of the bicycle rider.
Co Audible Signaling De'/iee. f. bicycle rider using any sidewall. must malle an
audible signal to warn jledestrians thcy are ajljlroaching from the rear, and at a
distance to allow the jledestrian to move to the right in order to allow jlassage of the
bicyclist on the left of the jledestrian.
11.52.030 Regulations
A. Riding on sidewalks in the C-I-D Central Business District. No person shall
ride or operate a bicycle on a sidewalk in the central business district or
commercial zone. Ridin!! on sidewalks in the C-l- D District is a Class IV
violation.
B. Racing. No person shall engage in, or cause others to engage in, a bicycle race
upon the streets or any other public property of this City without permission of the
City Administrator. Chief of Poliee. Major races involving closure or
restructuring of city streets must be permitted pursuant to AMC 11.12.050.
jlresented to the City Council through the Chief of Police. Racin!! is a Class
IV violation.
Ordinance Amending Chapter 11
Page 8 of 14
C. Method of Riding. A person shall not ride a bicycle other than with their feet
on the pedals and facing the front of the bicycle. No bicycle shall carry more
persons at one time than the number for which it is equipped. Method of ridin!!
is a Class IV violation.
D. Carrying Articles. No person operating a bicycle shall carry any packages,
bundles, or articles which prevent the rider from keeping at least one (I) hand
upon the handlebars and in full control of said bicycle. Carrvin!! articles is a
Class IV violation.
E. Traffic Regulations. The use of a bicycle in the City shall be subject to all of
the provisions or laws of the State and the laws of the City, including those
applicable to the drivers of motor vehicles, except as to the latter, those provisions
that by their very nature have no application.
F. Speed on Bicycle Routes. No bicycle shall be ridden on a bicycle route at a
speed greater than reasonable and prudent for the circumstances when
approaching a pedestrian. Speed on bicvcle routes is a Class IV violation.
G. Riding Abreast. No person shall ride a bicycle upon any street, highway,
bicycle route or lane in the City abreast, or side-by-side of any other person so
riding or propelling a bicycle when it interferes or impedes the normal and
reasonable movement of traffic or pedestrians. Ridin!! abreast is a Class IV
violation.
H. Hitching on Vehicles. No person, while riding a bicycle shall in any way
attaches themselves or the bicycle to any other moving vehicle. Hitchin!! on
vehicles is a Class II violation.
I. Taldn!: or Usin!: 'Vithout Permission. No jlerson shall take or use any
bicycle without the consent of the owner.
J. Ridin!: ~'hile Intoxieated. It is unlawful for any jlerson to ojlerate a bicycle
on any street, highway, bieycle lane or route of the City while under the
int1uence of any intoxicants.
K. 8icvcle Parking. No person shall park a bicycle upon a street, other than in the
roadway and against the curb, or against a lamppost designated for bicycle
parking, or in a rack provided for the purpose of supporting bicycles, or on the
curb in a manner so as to afford the least obstruction to pedestrian traffic. 8icvcle
parkin!! is a Class IV violation.
J. 8icvcle Impoundment. In addition to anv other penaltv. the court mav
order impoundment of a bicvcle used in an offense committed under this
chapter until such time as mav appear iust and reasonable.
Ordinance Amending Chapter 11
Page 9 of 14
11.52.010 Right of Way
The ojlerator of a bicycle emerging from an alley, driveway, bicycle lane or route,
building or otherwise ajljlroaching on a sidcwalk, and ujlon entering the roadway,
shall yield the right of way to all '/ehicles or bicycles ajljlroaching on such roadway
that are so close as to constitute an immediate hazard.
11.52.050 Responsibility of Parent or Guardian
The parent or guardian of any child shall not authorize or knowingly permit any child to
violate any of the provisions of this Chapter. Violation oCthis section is a Class III
violation.
11.52.060 Failure to Report Accidents
The operator of any bicycle involved in an accident resulting in injury, death, or damage
to personal property shall within seventy-two (72) hours file a written report of such
accident with the Police Department. Failure to report accidents is a Class II
violation.
11.52.070 Bicycle License Required
No persons shall operate a bicycle upon the streets, lanes or routes of the City unless such
bicycle has been licensed as provided for in this Chapter. A non-resident who has
complied with the bicycle registration provisions of the city or county in which they are a
resident may operate a bicycle without having first acquired an Ashland bicycle license.
Bicvcle license required is a Class IV violation. In addition to anv other penaltv. the
court may order impoundment of a bicvcle used in an offense until such time as may
appear iust and reasonable.
SECTION 12. Section 11.52.11 0 [Penalties] regarding 11.52 [Bicycles] is hereby amended to
read as follows:
11.1;2.11 0 Penalties
A. :\ny jlerson who violates any of the jlroyisions of this Chajlter is, ujlon conyiction
thereof, jlunishahle as jlrescrihed in Seetion 1.08.020.
B. Ujlon eonvietion, the court may, in addition to any other jlenal!)', order that
the bicycle that was used at the time of the offense be imjlounded until sueh time
as may ajljlear just and Feasenable.
SECTION 13. Sections 11.54.030 [Skateboard Regulation] through 11.54.050 [Enhanced
Penalties in Downtown Area] regarding 11.54 [Skateboards] are hereby amended to read as
follows:
Ordinance Amending Chapter 11
Page 10 of 14
11.54.030 Skateboard Regulations
The following regulations apply to the operation of a skateboard on a public street,
sidewalk or public property:
A. Protective Headgear. Any person operating a skateboard shall wear protective
headgear of a type approved under ORS 815.052 for bicycle
helmets. Provided, however, protective headgear shall be required only when operating a
skateboard on public property includin!! streets, sidewalks and parks. Headgear is
recommended on private property. side'II'alks or jlublic jlrojler!)'.
B. Yield Right-of-Way. Any person operating a skateboard shall yield the right-of-way to
any vehicle, such as a motor vehicle or bicycle, or pedestrian including yielding the right
of way to any vehicle when approaching or crossing a driveway.
C. Standing Position. Any person operating a skateboard shall operate the skateboard in a
standing position unless operated in conformance with rules established by the Ashland
Park Commission within a city park designated for skateboard use under section
11.54.020.
D. Operating on Right-hand Side. While on a street, a person shall ride a skateboard as
close as practicable to the right-hand curb or edge of the roadway.
E. Single File. No person shall ride a skateboard on any street along side another person
riding a skateboard, bicycle or motor vehicle unless overtaking and passing such
skateboard, bicycle or motor vehicle.
F. Equipment. No.skateboard shall be operated on any public street or sidewalk between
30 minutes after sunset and 30 minutes before sunrise unless the skateboard or rider is
equipped with lighting equipment that meets the following requirements:
1. The lighting equipment must show a white light visible from a distance of at least 500
feet to the front of the skateboard.
2. The lighting equipment must have a red reflector or lighting device or material of such
size or characteristic and so mounted as to be visible from all distances up to 600 feet to
the rear when directly in front oflawfullower beams of headlights on a motor vehicle.
G. Traffic Control Devices. Any person operating a skateboard shall obey the instructions
of official traffic control signals, signs and other control devices applicable to vehicles.
H. Traffic Regulations. The operation of a skateboard on a street shall be subject to all of
the provisions or laws of the State and the laws of the City, including those applicable to
the drivers of vehicles, except as to the latter, those provisions that by their very nature
have no application.
Ordinance Amending Chapter 11
Page 11 of14
I. Operation on Sidewalks. No person shall operate a skateboard on a sidewalk:
1. So as to suddenly leave a curb or other place of safety and move into the paih of a
vehicle that is so close as to constitute an immediate hazard.
2. Without giving an audible warning before overtaking and passing a pedestrian.
3. At a speed greater than an ordinary walk when approaching or entering a crosswalk,
approaching or crossing a driveway or crossing a curb .cut or pedestrian ramp and a
vehicle is approaching the crosswalk, driveway, curb cut or pedestrian ramp. This
paragraph does not require reduced speeds for skateboards either:
a. At places on sidewalks or other pedestrian ways other than places where the path for
pedestrians or bicycle traffic approaches or crosses that for motor vehicle traffic; or
b. When motor vehicles are not present.
Except as otherwise specifically provided in this chapter, an operator of a skateboard on a
sidewalk or in a crosswalk has the same rights and duties as a pedestrian on a sidewalk or
in a crosswalk.
J. Racing. No person shall engage in, or cause others to engage in, a skateboard race upon
the streets, sidewalks or any other public property. Provided, however, that it shall not be
a violation of this subsection if racing occurs in conformance with rules established by
the Ashland Park Commission within a city park designated for skateboard use under
section 11.54.020.
K. Hitching on Vehicles. No person while operating a skateboard shall in any way attach
themselves or the skateboard to any moving motor vehicle.
L. Careless Riding. No person shall ride a skateboard in a careless manner. Riding in a
careless manner means the person rides a skateboard in a manner that endangers or would
be likely to endanger any person or property.
11.54.040 Penalties
Upon the first conviction for a violation under this chapter. the person shall be
punished by a fine of $25.00. Exeejlt as jlrovided in section I1.S1.050,.5 A, All
subsequent violations of this chapter are Class IV violations. In addition to anv
other penaltv. the court mav order impoundment of a skateboard used in an offense
until such time as mav appear just and reasonable.
:\ny jlerson who yiolates any of the jlrovisions of this chajlter is, ujlon eonyiction,
jlunishable as jlrcscribed in Sectian 1.08.020. .
R. Ujlon conviction, the eourt may, in addition ta any other jlenalty, order that the
skateboarll that was used at the time of the affense he imjlounded until such time as
may ajljlear just and reasonable.
o
Ordinance Amending Chapter 11
Page 12 of 14
11.51.050 Enhanced Penalties in Downtown ,A.rea
Any jlerson 'I':ho violates any of the jlroyisions of this ehajlter in the downtown area
dcfined in section 11.52.020.R.l is, ujlon eonviction, jlunishable as follows:
a. First offense. Ujlon the first conviction for a violation under this ehajlter, the
jlerson shall be jlunished by a fine of $25.00 (to include all costs and assessments).
This fine shall not be susjlended or deferred, but the eourt may authorize
communi!)' sen'iee in lieu of all or part of this fine.
b. Seeond offense. Every jlerson who is eon'/icted of a ':iolation of this chajlter for R
second time within a five year jleriod shall be jlunished by a fine not less than $50
nor more than $250. Fifty dollars of the fine shall not be susjlended or deferred, but
the court may authorize communi!)' sen'iee in lieu of all or jlart of this fine. In
addition, the court may order forfeiture of a skateboard which was ridden in
violation of this ehajlteF, unless it is jlro'/en to the court by a jlrejlondcranee of the
e'/idence that the defendant is not the owner of the sl.ateboard and the owner did
not or could not ha':e reasonably Imown that the slmteboard would be ridden in
violation of this chajlter.
e. Third or subsequent offense. Every jlerson who violates this chajlter a third or
more times within a fiveOyear jleriod shall be jlunishallle by a fine of not less than
$100.00 nor more than $500.00. One hundred dollars of the fine shall not be
susjlended or deferred, but the court may authorize communi!)' service in lieu of all
or jlart of the fine. Ujlon conviction of a third or subsequent yiolation of this ehajlter
within a IiveOyear jleriod, the eourt may order forfi!iture of a sl.ateboard whieh was
ridden in violation oCthis ehajlter, unless it is jlroyen to the court by a
jlrejlonderance of the cyidenee that the defendant is not the owner of the sl.ateboard
and the owner did not or could not ha':e reasonably known that the sl.ateboard
would be ridden in '/iolation of this ehajlter.
SECTION 14. Section 11.60.040 [Penalties] regarding 11.60 [Truck Routes] is hereby amended
to read as follows:
11.60.040 Penalties
Anv violation oCthis chapter is a Class IV violation. Any jlerson, firm or
corjloration whieh violates any jlrovision of this Chajlter is guilty of an infraction
and shall be subjeet to the jlenalties set forth in Section 1.08.020.
SECTION 15. Severability. If any section, provision, clause, sentence, or paragraph of this
Ordinance or the application thereof to any person or circumstances shall be held invalid, such
invalidity shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance
which can be given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
Ordinance Amending Chapter 11
Page 13 of 14
SECTION 16 Savings. Notwithstanding this amendment, the City ordinances in existence at
the time any criminal or civil enforcement actions or other actions as required by state law, were
commenced shall remain valid and in full force and effect for purposes of all cases filed or
commenced during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions or applications commenced and continued under the laws in effect at the time the
matters were originally filed.
SECTION 17 Codification. Provisions of this Ordinance shall be incorporated in the
Ashland Municipal Code and the word "ordinance" may be changed to "code", "article",
"section", "chapter' or another word, and the sections of this Ordinance may be renumbered, or
re-lettered, and typographical errors and cross references may be corrected by the City Recorder,
provided however that Sections 15 thru 17, unincorporated Whereas clauses and boilerplate
provisions need not be codified.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of ,2010,
and duly PASSED and ADOPTED this day of ,2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance Amending Chapter 11
Page 14of14
CITY OF
ASHLAND
Council Communication
Ordinance Amendin~ AMC Chapter 13 Relatin~ to Classification of Offenses
Meeting Date: August 3, 2010 Primary Staff Contact: Richard Appicello
Department: City Attorney's Office E-Mail: appicelr@ashland.or.us
Secondary Dept.: City Attorney's Offi e Secondary Contact: Megan Thornton
Approval: Martha Bennett Estimated Time: 5 minutes
Question:
Should the Council approve Second Reading of an ordinance amending Chapter 13 to add provisions
concerning the classification of offenses?
Staff Recommendation:
Staffrecommends that the Council approye Second Reading and adoption of the ordinance.
Background:
First Reading of the ordinance occurred on July 20,2010. The Council did not make any changes to
the text of the Ordinance.
The Classes and maximum penalties are follows: (1) Class I: $720; (2) Class II: $360; (3) Class III:
$180; (4) Class IV: $90. The Chapter contains the following recommended classifications:
Chapter 13
Streets and Sidewalks
AMC Title . Class
13.02.040 Unpermitted use or occupancy of right of way Crime
CMisd
13.02.040 Violation of code requirement, franchise, permit, I
license, concession or term, condition, or
requirement thereof
13.03.110 Unpermitted use or occupancy of right of way Crime
CMisd
13.03.110 Violation of code requirement, franchise, permit, I
license, concession or term, condition, or
requirement thereof
13.04.090A. Construction, Repair Alteration Sidewalks Crime
without Permit -Penalties CMisd
13.04.090B. Construction, Repair and Clear Sidewalks I
Penalties other
13.12.130A. Street Evacuations without Permit- Penalties Crime
CMisd
13.12.130B Street Evacuations - Penalties - other I
13.13.017A,B Street Oiling without permit, unapproved oil- Crime
. Page lof2
~~,
CITY OF
A.SHLAND
Penalties- CMisd
13. 13.017C Street Oiling - Penalties-other I
13.l6.IOOA,B Street Trees -without permit, abuse Penalties- Crime
CMisd
13.16.100C Street Trees - Penalties -Other- I
In addition to classification, Chapter 13 is modified to address the following:
. Clarification that City maintains sidewalks adjacent to its property. [13.02.050] (also in Weed
Abatement Ordinance)
. Clarification that summary abatement is handled in accordance with new section 2.31, Uniform
Violation Abatement Ordinance [13.03.115]
. Clarification that Sidewalk repair and abatement is handled in accordance with AMC 2.31.
[13.04.060]
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(1) Move to approve Second Reading and adopt the ordinance.
(2) Postpone consideration of the proposed ordinance.
Potential Motions:
Staff: Conduct Second Reading of the ordinance by title only.
Council: Motion to approve Second Reading and adopt the ordinance.
Attachments:
Proposed ordinance.
Page 2 of2
~.l'
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES,
AMENDING AMC CHAPTER 13, STREETS AND SIDEWALKS
Annotated to show deletions and additions to the code sections being modified. Deletions are
hold'" and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and common
law of the United States and of this State expressly or impliedly grant or allow municipalities, as
fully as though this Charter specifically enumerated each of those powers, as well as all powers
not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293,
531 P 2d 730, 734 (1975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for City
ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class II, unless
otherwise specified; this Chapter is being amended to specify classifications where appropriate.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. AMC 13.02.040 E. [Public Rights of Way - Penalty] is hereby amended to read as
follows:
E. Penaltv. Knowingly occupying or encroaching upon a public right-of-way without the
permission of the City shall be considered a Class C misdemeanor offense, subject to the
limitations of AMC 1.08. Violation of any code requirement, agreement, permit, license,
or provision thereof, including any term, standard, requirement, or condition shall be
considered Class I Glass A violation punishable as provided in AMC 1.08.
SECTION 2. AMC 13.02.050 [Obligations of City] is hereby amended to read as follows:
13.02.050 Obligations of City
The exercise of jurisdiction and regulatory control over a public right-of-way by the city is
not official acceptance of the right-of-way for public access and does not obligate the city
to open or improve any part of the right-of-way. Upon improvement of any public right-of-
way to city street standards, the city shall accept 'by resolution the improvement and
maintain and repair such improvement to the standard to which it has been improved. For
purposes of we cd allatement and similar nuisance-type ordinances imposing obligations
upon property owners. (e.!!. snow removal. weeds and noxious ve!!etation. sidewalk
Ordinance Amending AMC Chapter 13
Page 1 of6
maintenance) the city shall be responsible for compliance with such ordinances in public
rights-of-way adjacent to or abuttin!! citv-owned or controlled real property.
SECTION 3. AMC 13.03.110 [Sidewalk Cafe, Special Event and Publication Box - Penalties]
is hereby amended to read as follows:
A. Knowingly occupying or'encroaching upon a public right-of-way without the permission of
the City shall be considered a Class C misdemeanor offense, subject to the limitations of
AMC 1.08.
B. Any violation of the requirements of this chapter, not addressed in A above, shall be a Class
! Class f. violation as defined by AMC 1.08 and punishable as set forth in that section.
C. The City Administrator or designee is authorized to issue a citation to any person violating
the provisions of this chapter. Issuance of a citation shall trigger revocation of the permit or
agreement under Section 13.03.100 and in the event of conviction, no permit shall be issued
to the same person, entity or address, for a period of at least two years.
SECTION 4. Section 13.03.115 [Summary Abatement] is hereby amended to read as follows:
13.03.115 Summary Abatement
If the condition of any item in the City right of way, including any street or sidewalk is
such that it creates a risk of serious injury to the persons or property, the Public Works
Director is authorized to pursue summary abatement in accordance with Chapter 2.31
l.O8 and to charge against the responsible owner/operator the full costs of such
abatement.
SECTION 5. Section 13.04.010 [Definitions] is hereby amended to read as follows:
13.01.010 Definitions
Duty to rejlair and clear sidewallm.
SECTION 6. Sections 13.04.030 [Standards and Specifications] through 13.04.050
[Supervision] are hereby amended to read 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 the City Council.
B. The City Administrator or desi!!nee 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 Administrator to be in
accordance with the system of the City street grades.
C. The City Administrator or desi!!nee 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.
Ordinance Amending AM C Chapter 13
Page 2 of6
D. Sidewalks shall be constructed, repaired, or altered in accordance with the standards
and specifications established under this section
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 Administrator or desi!!nee 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 Administrator or
desi!!nee shall issue a permit to the applicant. If the City is requiring the repair ofthe
sidewalk, the permit shall state the date within which the work shall be completed.
13.04.050 Supervision
The City Administrator or desi!!nee may inspect any materials or construction details as
it may, in the Administrator's judgment, be required to insure compliance with the permit
and with the applicable standards and specifications.
SECTION 7. Sections 13.04.060 [Required Sidewalk Repairs] through 13.04.080 [Assessment]
are hereby amended to read as follows:
13.04.060 Required sidewalk repairs
A. If a sidewalk is not bein!! maintained in accordance with this Code. the City
Public Works Director or anv Code Compliance Officer mav issue a Notice and
Order directin!! the responsible person or entitv to obtain a permit and abate the
violation within a specified number of davs. not to exceed thirty (30 ) davs in the
case of sidewalk repair. The Uniform Abatement Process set forth in Chapter AMC
2.31. includin!! lien provisions thereof. shall applv to all violations identified in this
Chapter and mav be used to abate all such violations When the Ci!)' Council
determines that a sidewalk needs rejlair, it shall, by resolution, direet the City
Administrator to issue a Botiee.
R. The notice shall require the owner of the jlrOflerty adjacent to the defeeth'e
sidewall. to obtain a jlermit and to eomjllete rejlair of the sidewalk within thir!)' (30)
days or sueh jleriod of time as determined by the City Council. The notice shall also
state that if the rejlair is not made by the owner, the Ci!)' may rejlair the sidewall.
and the cost of the rejlair will be assessed against the jlrojlerty adjacent to the
sidewall..
C. The City f.dministrator shall cause a certifIed cOjlY of the notice to be sen'ed
jleraonally ujlon the owner of the jlrojlerty adjacent to the defecti'ie sidewalk or the
notiee may be sen'ed by registered or certified mail, return reeeijlt requested. If
after diligent search the owner is not discovered, the Ci!)' Administrator shall cause
a certifIed eOjlY of the notice to be jlosted in a eonsjlieuous jllace on the jlrojler!)' and
such jlosting of notice shall have the same effeet as sen'iee of notice by registered or
Ordinance Amending AMC Chapter 13
Page 3 of6
certified mail or by jlersonal serviee ujlon the owner of the jlroperty.
D. The jlerson sen'ing the notice shall fIle with the Ci!)' Reeorder an affidavit stating
the time, jllace, and manner of seryiee of Botice. (Ord. 1515 S6, 1967)
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 Administrator, or designee shall order the repair or completion
of the repair of the sidewalk done by the City. Said repair and assessment shall be
l!overned bv the Uniform Violation Abatement Ordinance. AMC 2.31. Ypoo
completion of the sidewalll rejlair, the City Administrator shall submit a rejlort to
the Ci!)' Council which rejlort shall contain an itemized statement of the eost of the
rejlair and the jlrojlortionate share of the cost on each lot or jlareel of land adjaeent
to the sidewall. UjlOB which the repair has been made.
13.01.080 Assessment Rejlairs by City
Ujlon reeeijlt oCthe rejlort, the Ci!)' Council shall, by ordinanee, assess the eost of
rejlairing the sidewall. against the jlrojlerty adjaeent to the rejlaired sidev:alk. The
assessments shall be eolleeted in the same manner as is jlrovided for the eollection of
other imjlro'iement assessment~. If a sidewall. rejlair assessment is not jlaid within
ten (10) days after notiee ofsueh assessment is gi'ien, ten jlereent (10~<.) of the
amount of the assessment shall be added to the assessment as a jlenalty
SECTION 8. Section 13.04.09 [Penalties] is hereby amended to read as follows:
13.04.090 Penalties
A. Knowinl!lv alterinl! a sidewalk, (includinl! construction, reconstruction, repair or
other alteration) without a permit issued bv the City in accordance with this
Chapter shall be considered a Class C misdemeanor offense. subiect to the
limitations of AMC 1.08.
B. Anv violation of the requirements of this chapter, not addressed in A above.
incIudinl! violation of the terms and conditions of a permit or failure to maintain a
sidewalk. shall be a Class I violation as defined bv AMC 1.08 and punishable as set
forth in that section.
Any jlerson who violates any of the jlrlwisions of this ehajlter i~ guilty of an
infraetion shall be subjeet to the jlenaIties set forth in Seetion 1.08.020.
SECTION 9. Section 13.12.130 [Street Excavations - Penalties] is hereby amended to read as
follows:
13.12.130 Penalties
A. Knowinl!lv excavatinl!. cuttinl!. breakinl!, dil!l!inl! up, or damal!inl! in any
manner, incIudinl! undermininl! or tunnelinl! under a public street or allev without a
permit issued bv the City in accordance with this Chapter shall be considered a
Class C misdemeanor offense. subject to the limitations of AMC 1.08.
Ordinance Amending AM C Chapter 13
Page 4 of6
B. Any yiolation of the requirements of this chapter. not addressed in A above.
includinl! violation of the terms and conditions of a permit. includinl! failure to
restore the work site, shall be a Class I violation as defined bv AMC 1.08 and
punishable as set forth in that section.
Any jlerson violating any jlrovision of this ehajlter is guilty of an infraetion and shall
be subject to the jlenalties set forth in Seetion 1.08.020.
SECTION 10. Section 13.13.017 [Street Oiling - Violation-Penalty] is hereby amended to read
as follows:
13.13.017 Violation - Penalty
A. Knowinl!lv applvinl! oil to a street or allev without a permit issued bv the City in
accordance with this Chapter shall be considered a Class C misdemeanor offense.
subject to the limitations of AMC 1.08.
B. Knowinl!lv applyinl! unapproved or contaminated oil to a street or alley shall be
considered a Class C misdemeanor offense, subject to the limitations of AMC 1.08.
C. Anv violation of the requirements of this chapter, not addressed in A and B
above, includinl! violation of the terms and conditions of a permit. shall be a Class I
violation as defined by AMC 1.08 and punishable as set forth in that section.
I.ny jlerson, firm or eorporation violating any of the jlro'lisions of this Chajlter, or
failing to eomjlly with them, is, ujlon convietion thereof, jlunishable as jlreseribed in
Section 1.08.020 of the Ashland Munieijlal Code relating to infractions.
SECTION 11. Section 13.16.100 [Street Tree - Violation-Penalty] is hereby amended to read as
follows:
13.16.100 Violation - Penalty
Any jlerson who 'liolates any of the jlro'lisions of this ehajlter is guil!)' of an
infraetion and shall be subject to the jlenalties set f~rth in Section 1.08.020.
A. Knowinl!lv removinl! a tree without a Dermit issued by the City in accordance
with this Chapter shall be considered a Class C misdemeanor offense, subject to the
limitations of AMC 1.08.
B. Knowinl!lv abusinl!. destrovinl!, mutilatinl!. electrifvinl!, Doisoninl! or
contaminatinl! anv tree. shrub or plant in a public plantinl! strip or on anv other
public property shall be considered a Class C misdemeanor offense. subject to the,
limitations of AMC 1.08.
C. Anv violation of the requirements of this chapter. not addressed in A and B
above. incIudinl! violation of the terms and conditions of a permit. shall be a Class II
violation as defined bv AMC 1.08 and punishable as set forth in that section.
Ordinance Amending AMC Chapter 13
Page 5 of6
SECTION 12. Severability. If any section, provision, clause, sentence, or paragraph of this
Ordinance or the application thereof to any person or circumstances shall be held invalid, such
invalidity shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance
which can be given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
SECTION 13. Savings. Notwithstanding this amendment, the City ordinances in existence at
the time any criminal or civil enforcement actions or other actions as required by state law, were
commenced shall remain valid and in full force and effect for purposes of all cases filed or
commenced during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions or applications commenced and continued under the laws in effect at the time the
matters were originally filed.
SECTION 14. Codification. Provisions of this Ordinance shall be incorporated in the Ashland
Municipal Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter' or another word, and the sections of this Ordinance may be renumbered, or re-lettered,
and typographical errors and cross references may be corrected by the City Recorder, provided
however that Sections 12 thru 14, unincorporated Whereas clauses and boilerplate provisions
need not be codified.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the _ day of ,2010,
and duly PASSED and ADOPTED this _ day of ,2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance Amending AMC Chapter 13
Page 6of6
CITY OF
ASHLAND
Council Communication
Ordinance Amendin~ AMC Chapter 14 Relatin~ to Classification of Offenses
Meeting Date: August 3, 2010 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: City Recorder Secondary Contact: Megan Thornton
Approval: Martha Bennet Estimated Time:, 5 minutes
Question:
Should the Council approve Second Reading of an ordinance amending Chapter 14 to add provisions
concerning the classification of offenses?
Staff Recommendation:
Staff recommends that the Council approve Second Reading and adoption of the ordinance.
Background:
First Reading of the ordinance occurred on July 20, 2010. The Council did not make any changes to
the text ofthe Ordinance.
The Classes and maximum penalties are follows: (I) Class I: $720; (2) Class II: $360; (3) Class III:
$180; (4) Class IV: $90. The Chapter contains the following recommended classifications:
Chapter 14 - Public Utilities
AMC Title Class
14.04.060.E. Water Rates and Regulation- I
Connection outside City Limits
14.05.120 Water Regulation! Cross Connection I
- Penalties
14.06.090 Water Curtailment - Penalties II
14.08.050 Sewer System - Failure to Connect- I
Penalties
14.09.010.E. Sewer System Regulations- III
Phosphate Ban
14.12.095 Electric System Regulations - I
Penalties
This Ordinance also codifies existing Resolution 97-027 concerning service outside the City limits.
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(1) Move to approve Second Reading and adopt the ordinance.
(2) Postpone consideration of the proposed ordinance.
Page I of2
-..
r_~
Potential Motions:
Staff: Conduct Second Reading of the ordinance by title only.
Council: Motion to approve Second Reading and adopt the ordinance.
Attachments:
Proposed ordinance.
Page 20f2
CITY OF
ASHLAND
~~,
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES,
AMENDING AMC CHAPTER 14, PUBLIC UTILITIES, AND REMOVING
UNNECESSARY REGULATIONS
~nnotated to show deletions and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and common
law of the United States and of this State expressly or impliedly grant or allow municipalities, as
fully as though this Charter specifically enumerated each of those powers, as well as all powers
not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters. Local 1660, Beaverton Shop, 20 Or. App. 293,
531 P 2d 730, 734 (1975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for City
ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class II, unless
otherwise specified; this Chapter is being amended to specify classifications where appropriate.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 14.04.010 [Water System - Rates and Regulations - Regulations adopted]
through 14.04.020 [Penalty for Violation] is hereby amended to read as follow:
11.01.010 Regulations adojlted
The "regulations go,..erning water sen'iee" marl.ed Exhibit "L'." and an file in the
offiee of the Ci!)' Recorder are ineorjlorated into this ehajlter as though fully set
forth herein and they are the rules and regulations governing the use and sale of
water within and without the City from the munieijlal water system.
11.01.020 Penalty for 'liolation
Every jler~on who willfully yiolates any of the jlro'lisions of Section 14.01.010 is,
ujlon eonviction, jlunishable as jlreseribed in Seetion 1.08.010.
Ordinance Amending Chapter 14
lof5
SECTION 2. A new Section 14.04.060 [Water System Rates and Regulations - Service Outside
City Limits] is hereby added to codify existing Resolution 97-027, as follows:
14.04.060 Water Connections Outside City the Limits
A. No premises located outside the City of Ashland mav be connected to the city
water svstem except as provided herein.
B. Premises outside the city mav be connected to the citv water svstem onlv as
follows:
1. Connections authorized bv the council prior to June 18. 1997.
2. Coimections authorized bv the council for city or other l!overnmental
facilities.
3. Connections authorized by resolution of the council where the council
finds:
i. The connection is determined to be in the best interest of the City of
Ashland and to not be detrimental to the City's water facilities or
resources.
ii. The applicant secures. in writinl!. a statement from the
Environmental Health Division. Health Department. Jackson Countv.
Orel!on. that the existinl! water svstem for the premises has failed.
iii. The failed water system cannot feasibly be repaired or improved
and there is no other feasible source of water for the premises.
iv. An Ashland water main or line exists within 100 feet of the
premises.
v. The connection is to premises within the city's urban l!rowth
boundary.
C. Connections authorized under section 8.3. above shall be made onlv upon the
followinl! conditions:
1. The applicant for water service pavs the water connection fee for
connections outside the city and the svstems development charl!es established
bv the City.
2. In the event dwellinl!s or buildinl!s connected to the water svstem are
subsequently replaced for anv reason. then the replacement buiIdinl! or
dwellinl! mav continue to be connected to the water svstem of the City as lonl!
as the use of the water svstem will not be increased as determined bv the
Director of Public Works.
3. The applicant furnish to the Citv a consent to the annexation of the
premises and a deed restriction preventinl! the partitioninl! or subdivision of
the land prior to annexation to the City. sil!ned bv the owners of record and
Ordinance Amending Chapter 14
20f5
notarized so that it may be recorded bv the City and bindinl! on future
owners of the premises. The cost of recordinl! the deed restriction shall be
paid bv the property owner.
4. The property owner shall execute a contract with the City of Ashland
which provides for: pavment of all charl!es connected with the provision of
water service to the property: compliance with all ordinances of the city
related to water service and use: termination of service for failure to complv
with such ordinances and that failure to pav for charl!es when due shall
automaticallv become a lien upon the property. A memorandum of the
contract shall be recorded in the county deed records with the cost of
recordinl! to be paid bv the property owner.
D. The requirements of this Section are in addition to. and not in lieu of. land use
approyals and authorizations' necessary for extra-territorial extension of water
service required bv Orel!on law.
E. A violation of anv provision of this chapter shall be punishable as a Class I
Violation as set forth in AMC 1.08.
SECTION 3. Section 14.05.120 [Water Regulation and Cross Connection - Penalties] is hereby
amended to read as follow:
14.05.120 Penalties
A violation of this section anv provision of this chapter shall be punishable as a Class
I Violation as set forth in AMC 1.08. by a minimum fine of $500 ujlon conviction.
SECTION 4. Section 14.06.090 [Water Curtailment - Penalties and Enforcement] is hereby
amended to read as follows:
14.06.090 Penalties and enforcement.
The penalties for violations of this chapter shall be cumulative in that they may be in
addition to, not in lieu of, other penalties, remedies or surcharges established by this
chapter.
A. A person shall not violate or procure, aid or abet in the violation of any provision
of this chapter. A violation of any provision of this chapter is a Class II
Violation Class B violation and shall be punished as set forth in section 1.08.020
ofthe Municipal Code.
B. If a customer exceeds th~ maximum volume for more than one billing period, the
City may install a flow restricting device at the service meter which reduces water
flow and pressure. 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.
Ordinance Amending Chapter 14
30f5
C. Service may be terminated to any customer who knowingly and willfully violates
any provision of this chapter.
SECTION 5. Section 14.08.050 [Sewer System - Rates - Penalties] is hereby amended to read
as follow:
14.08.050 Penalties
Any person violating provisions of this chapter, includinl! failure to connect to an
available sewer svstem. is guilty of an infraction Class I Violation if convicted and
shall be subject to the penalties as set forth in Section 1.08.020.
SECTION 6. Section 14.09:01O.E [Sewer System - Regulations - Phosphate Ban] is hereby
amended to read as follow:
E. Penalty. Any person, firm, or eorjloration violating any of the provisions of this
chapter is, upon conviction. there of, jlunishable as described in Seetion 1.08.020.
. l!uiltv of a Class III Violation and shall be subject to the penalties as set forth in
Section 1.08.020.
SECTION 7. Section 14.12.090.A. [Electric System - Regulations - General Provisions] is
hereby added to read as follow:
14.12.090 General Provisions
A. No one, but duly authorized employees of the City, is allowed to run any service wires
on City poles or make any connection with City wires on City poles or underground or
make any connection with City wires on service side of meter and all unauthorized
persons are warned that they are liable for such connections under Section 164.365
IFelonv - Criminal Mischief) Seetion Hi1.620, Oregon Revised Statutes.
SECTION 8. Section 14.12.095 [Electric System - Regulations - Penalties] is hereby added to
read as follow:
14.12.095 Penalties
Anv person violatinl! provisions of this chapter is l!uiltv of a Class I violation if
convicted and shall be subiect to the penalties as set forth in Section 1.08.020.
SECTION 9. Severability. If any section, provision, clause, sentence, or paragraph of this
Ordinance or the application thereof to any person or circumstances shall be held invalid, such
invalidity shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance
which can be given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
SECTION 10. Savings. Notwithstanding this amendment, the City ordinances in existence at
the time any criminal or civil enforcement actions or other actions as required by state law, were
commenced shall remain valid and'in full force and effect for purposes of all cases filed or
commenced during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions or applications commenced and continued under the laws in effect at the time the
matters were originally filed.
Ordinance Amending Chapter 14
40f5
SECTION 11. Codification. Provisions of this Ordinance shall be incorporated in the Ashland
Municipal Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter' or another word, and the sections of this Ordinance may be renumbered, or re-lettered,
and typographical errors and cross references may be corrected by the City Recorder, provided
however that Sections 9 thru 11, unincorporated Whereas clauses and boilerplate provisions need
not be codified.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the _ day of ,2010,
and duly PASSED and ADOPTED this _ day of ,2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance Amending Chapter 14
50f5
CITY Of
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Ordinance Relating to Storage of Vehicles
August 3, 2010 Primary Staff Contact: Richard Appicello
City Attorney's Office E-Mail: appicelr@ashland.or.us
Police Departme Secondary Contact: Terry Holderness
Martha Benne Estimated Time: 10 minutes
Question: .
Will the Council approve First Reading of an ordinance titled, "An Ordinance Creating Chapter 11.34
Relating to Storage of Personal and Recreational Vehicles and Amending AMC 11.24.020"
and move the ordinance on to Second Reading?
Staff Recommendation:
Staff recommends Council approve the First Reading of this ordinance and set Second Reading for
August 17,2010.
Background:
On June 29,2010, the City Council discussed the proposed ordinance and provided some direction to
staff. See 6-29-10 Council minutes attached as Exhibit A. Several changes were made to the
Ordinance:
1. The term "recreational vehicle" was replaced with "oversized vehicle" in the definitions section
and throughout the ordinance. Now a recreation.al vehicle is just a type of oversized vehicle:
Sec. 17-163. Oversized vehicle defined.
An oversized vehicle is any vehicle, whether motorized or non-motorized, that
exceeds 22 feet in length, or 94 inches in width or 92 inches in height. Any extension caused
by any accessory, with the exception of side view mirrors, trailer hitches or roof racks, .
attached to such vehicle shall be considered part of the measured distance. Oversized
vehicles shall also include all buses, tractors, semi-trailers, motor coaches, trailers,
campers, camper-trailers, house-cars, trailer coaches, motor homes, and other equipment
or machinery, regardless of width, length or height. Automobiles, pickup trucks, sport
utility vehicles and passenger vans that are over 92 inches in height will not be considered
oversized vehicles when they exceed the height limit solely due to the modification of the
suspension system or the addition of oversized tires.
2. Provisions were added to address the prohibited use of a personal vehicle as primarily a
container for storage of personal items.
3. A definition was added to clarify the term "in front of or contiguous to" and allows for vehicles
to be parked in nearby parking bays.
4. Corrected cross reference in 040 to reflect 050.
5. Class B changed to Class II.
6. Added new Section 3 to strike first clause of AMC 11.60.010, "Based on ORS 483.542." This
is a reference to a statute repealed in 1983 that used to apply to truck routes. No substantive
Page I of3
~.l'
CITY OF
ASHLAND
change was made to AMC 11.60.0 I 0, as it is consistent with the 72 hour provision of 11.34.
The current law on Truck Routes is set forth in ORS 810.040 and ORS 227.400. If the Council
wishes to change truck routes, the Public Works Department must consult with the County and
State concerning any proposals. A public hearing would be required.
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(I) Move to approve First Reading of the ordinance and set Second Reading for August 17,2010.
(2) Postpone First Reading to a certain date.
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading 0/ the ordinance and set second reading/or August 17,
2010.
Attachments:
Minutes from June 29, 2010 Council Meeting
Proposed ordinance
\,
Page 2 of3
r~'
CITY OF
ASHLAND
EXHIBIT A
Minutesfrom June 29,2010:
Does Council have any direction for staff regarding the draft ordinance titled, "An Ordinance
Creating Chapter 11.43 Relating to Storage of Personal and Recreational Vehicles and Amending
AMC 11.24.020"?
Police Chief Terry Holderness presented the staff report, explained how parking and storing vehicles on the
roadway generates controversy, and was a values decision for the City. Most cities in Oregon and the western
states require vehicles to be moved every 24-72 hours with additional restrictions on recreational vehicles (RVs).
The City encourages people to park their vehicles and walk or ride bikes but there is very little on street parking
for residents and some homes do not have off street parking. The proposed ordinance' was more permissive and
considered vehicles parked for more than 72 hours with debris underneath as stored. It gave citizen's the right
to park their vehicles on the street for an unlimited time as long as the area beneath was clear of debris.
Recreational vehicles could sit for 72 hours on the street as long as they were parked within the resident's
property line, did not block traffic or restrict vision. Currently enforcement was complaint driven.
Colin Swales/143 8th Street/Supported the proposed ordinance and recalled a parking issue regarding a
tractor-trailer that blocked a neighbor's second story view. Many things could be done to calm traffic in
neighborhoods and deter large trucks using bump outs, traffic circles and bicycle boulevards. He asked for
clarification on a State ordinance regarding trucks leaving the truck route.
,
Council discussed extending parking limitations for RVs and adding language prohibiting using a vehicle on
the street for storage. Staff will look at contiguous parking, change the Class B Violation, address using
personal vehicles for storage and add language for oversized vehicles.
Councilor Lemhouse/Jackson m/s to direct staff to bring back the ordinance for first reading on July
20, 2010 with suggestions included, Roll Call Vote: Councilor Silbiger, Navickas, Lemhouse, Jackson,
Chapman and Voisin, YES. Motion passed,
\
Page 3 of3
rl.'
ORDINANCE NO.
AN ORDINANCE CREATING CHAPTER 11.34 RELATING TO
PROHIBITED STORAGE OF PERSONAL VEHICLES AND OVERSIZED
VEHICLES, INCLUDING RECREATIONAL VEHICLES AND
AMENDING AMC 11.24.020 AND AMC 11.60.010.
Annotated to show aeletieHs and additions to the code sections being modified. Deletions are
bold'" and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293,
531 P 2d 730, 734 (1975);
WHEREAS, the code provisions regulating the storage of personal vehicles was revised in 2009
to be compliant with the City's use of the Law Enforcement Data System (LEDS); and
WHEREAS, the city would like to establish a procedure for abating the nuisance of stored
personal vehicles and oversized vehicles in the public rights of way that is consistent with the
City's LEDS contract; and
WHEREAS, the city would like to clarify its prohibitions against storing personal and oversized
vehicles, including recreational vehicles, on the City's right of way.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 11.34.0 I 0 [Definitions] through 11.34.040 [Exception for Recreational
Vehicles] are hereby added to read as follows;
11.34 Stored Vehicles
11.34.010 Purpose
The city has iurisdiction and exercises rel!ulatorv control over each public ril!ht-of-
way whether the City has a fee. easement, or other lel!al interest in the ril!ht-of-wav.
The use of the City's ril!ht of way is l!enerallv prohibited pursuant to AMC
Page 1 of5
13.02.040. which states that "no person or entitv may occupv or encroach on a
public ril!ht-of-wav without the permission of the citv." The purpose of this chapter
is to rel!ulate parkinl! on the City's right of wav to prevent the ril!ht of wav from
bein used to store ersonal vehicles and oversized vehicles includin recreational
vehicles. . y.er.sizeil Meliicles slioulil tie stor.eil at outiloor. anil iniloor. stor.a
acilities );0 er.J. zoneil anil er.mitteil for. sucli stol1a e use snil no in utilic l1i Ii
wa..
11.34.020 Definitions
"Personal Vehicle": motorized vehicles that are owned and used bv households for
personal transportation. such vehicles include automobiles. station wal!ons.
passenl!er vans. carl!O vans. pickup trucks. jeeps. motorcvcles. and similar vehicles.
11.34.030 Stored Personal Vehicles Prohibited
It is unlawful for any person to park or store any personal vehicle on any public
ril!ht-of-wav:
A. For more than seven tv-two (72) hours. and
B. In a manner that results in the accumulation of debris around or under
the vehicle or in a condition that prevents it from beinl! driven. includinl!
flat tires; [or 1
~ ''''~l rmft'1JII! I n ~I-i!iiid
@. Eotlmore tlian se:v.en. two liouI;s an
Page 2 of5
Dllb'elP-er.son-aIMlliiiilelis'l'6ein'l!i1useillii'i'limar.i1Vlaslafcon tain'er.llfor.Jtli'eTstor.lfl!t!
iiflperosonallitemslimorolomtlielV.eliiCle!
E. It shall constitute rima facie evidence of stora e of a vehicle if the
vehicle meets the criteria in ar.a ,a s. B ~ EJ. aD, ., . An
vehicle parked on the ril!ht-of-wav within the City in violation of this
section mav be treated as an abandoned vehicle pursuant to AMC 11.32
or abated pursuant to AMC 2.31. Violation of AMC 11.34.030 [Stored
Personal Vebicles Prohibited] is a Class II violation.
11.34.040 Stored Oversized Vehicles Prohibited
It is unlawful for any person to park or store anv Oyersized Vehicle on anv public
ril!ht-of-wav except as provided in this chapter. It shall constitute prima facie
evidence of storal!e of a Oversized Vehicle if the Oversized Vehicle is not within the
exception in AMC 11.34.050. Any Oversized Vehicle parked on the ril!ht-of-wav
within the City in violation of this section may be treated as an abandoned vehicle
pursuant to AMC 11.32 or abated pursuant to AMC 2.31. Violation of AMC
11.34.040 IStored Oversized Vehicles Prohibited] is a Class II violation.
11.34.050 Exceptions for Oversized Vehicles
An Oversized
eonti 0
criteria;
A. Is not parked for more than seventy-two (72) hours;
B. Does not eonstitute a hazard to trame on the public streets;
C. Does not restrict vision of motorists on the public street;
D. Does not obstruct view from anv other propertv;
E. Has a currentlv valid license or rel!istration;
F. Is operable, includinl! adequate tires; and
G. Is attached to a vehicle if required for movement of the Oversized vehicle.
To comply with the seventy-two (72) hour time restriction. aD Oversized vehicle
must be moved more than one hundred (100) feet from the parked location in which
the seventy-two (72) hour time period has expired.
SECTION 2. Section 11.24.020 [Prohibited parking] is hereby amended to read as follows:
11.24.020 Prohibited parking
In addition to the provisions of the motor vehicle laws of Oregon prohibiting parking, no
person shall park:
A. A vehicle upon a bridge, viaduct, or other elevated structure used as a street or within
a street tunnel in this City, unless marked or indicated otherwise;
B. A vehicle in an alley except to load and unload persons or materials not to exceed
twenty (20) consecutive minutes in any two (2) hour period;
Page 3 of5
C. A vehicle upon a street for the principal purpose of:
1. Displaying the vehicle for sale;
2. Washing, greasing, or repairing the vehicle except repairs necessitated by an
emergency; m:
3. Selling merchandise from the vehicle except in an established marked place or
when so authorized or licensed under the ordinance ofthis City;
4. Storage, or as junkage or dead storage for more than se'len!)' two (72)
hours.
D. A vehicle upon any parkway except where specifically authorized;
E. A vehicle upon private property without the consent of the owner or person in charge
of the private property;
F. A vehicle within any area marked off by yellow paint upon the street or upon the curb,
except where specifically authorized by a traffic sign, (Ord. 1557 S13, 1968)
G. A vehicle or any part thereof upon a sidewalk or bicycle path. (Ord. 1971 S I, 1978)
H. Or stand or stop a truck or bus on a public street or in a public parking area with its
engine running, if such engine emits exhaust fumes into the air. Vehicle engines shall be
turned off when loading and unloading pas~engers or merchandise. This subsection H
shall not apply to:
I. An engine running for less than five minutes.
2. A vehicle in the moving traffic lane waiting to move with the normal flow of
traffic.
3. An engine needed to operate equipment used to load or unload merchandise,
4. Trucks under 12,000 GVW and buses with a carrying capacity of fifteen
passengers or less, or
5. Emergency vehicles, utility company, construction and maintenance vehicles,
the engines of which must run to perform needed work.
SECTION 3. Section 11.60.0 I 0 [Regulations] is hereby amended to read as follows:
11.60.010. Regulations
Based on ORS 183.512, U. S. Highway 99 and Oregon State Highway 66 are hereby
designated as truck routes within the City of Ashland and motor vehicles having a
licensed gross vehicle weight of over 19,999 pounds. shall not use. travel, or be parked
upon any other streets in the City of Ashland except where such motor vehicles are using
said streets for the purpose of making a delivery or picking up a load, or traveling to and
from a fueling facility in the City of Ashland, by the most direct route possible. Nothing
contained herein shall prevent an owner or operator from taking a motor vehicle to the
residence of such owner or operator so long as the motor vehicle is not left there for a
period longer than is reasonably necessary for normal maintenance and overnight and
weekend rest periods for the owner or operator.
SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
Page 4 of5
SECTION 5. Savinl!s. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced, shall remain
valid and in full force and effect for purposes of all cases filed or commenced during the times
said ordinance(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 6. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 4-6) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the _ day of ,2010
'and duly PASSED and ADOPTED this _ day of ,2010.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 5 of5
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CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Completion of First Reading of Ordinances Adopting
Chapter 18.53 Croman Mill and Related Ordinance, Ashland Comprehensive
Plan, and Comprehensive Plan and Zoning Map Amendments, and Scheduling
Second Reading of Ordinances to a Future Date
August 3, 2010 Primary Staff Contact: Bill Molnar
Community Development E-Mail: molnarb0lashland.or.us
None Secondary Contact: Maria Harris
Martha Bennet Estimated Time: I hour
Question:
Will the City Council approve the first reading of the remaining ordinances adopting Chapter 18.53
Croman Mill and related ordinance, Ashland Comprehensive Plan, and Comprehensive Plan and
Zoning map amendments, and request the complete set of six ordinances be scheduled for second
reading?
Staff Recommendation:
Please Note: Council should bring materials from the previous meetings on these ordinances.
Staffrecommends approval of the first reading of the remaining ordinances adopting Chapter 18.53
Croman Mill and related ordinance, Ashland Comprehensive Plan, and Comprehensive and Zoning
Map Amendments, and scheduling second reading of the complete set of six ordinances to a future
date.
. Ordinance #2: An Ordinance amending the Ashland Land Use Ordinance creating a new
Chapter 18.53 Croman Mill
. Ordinance #4: An Ordinance amending AMC 18.08.190, 18.08.341, 18.08.342, 18.08.343,
18.08.845,18.12.020,18.61.042,18.68.020, 18.68.050, 18.72.030, 18.72.110, 18.72.120,
18.72.140, 18.72.180, 18.84.100, 18.88.070, 18.88.080, 18.92.020, 18.96.090, 18.104.020,
18.106.030,18.108.0174 of the Ashland Municipal Code and Land Use Ordinance for
consistency with new Chapter 18.53 Croman Mill
. Ordinance #5: An Ordinance amending the City of Ashland Comprehensive Plan to change
the land use map designation of approximately 99 acres of land within the City of Ashland
Urban Growth Boundary from Industrial, Employment, Single-Family Residential and Rural
Residential (Jackson County) to the newly created Croman Mill Plan Designation; amending
the City of Ashland Zoning and Land Use Control Maps to rezone approximately 78 acres of
land within the City Limits from M-I, E-I, and R-I-5 Districts to the newly cr~ated Croman
Mill Zone; and imposing five Croman Mill Overlay Districts on the Croman mill zoned
properties, including Compatible Industrial, CM-CI, Office Employment, CM-OE, Mixed Use,
CM-MD, Open Space, CM-OS, Neighborhood Center, CM-NC
Exhibit A: Proposed Comprehensive Plan Designation
Exhibit B: Proposed Croman Mill District Zone (CM)
Exhibit C: Proposed Zoning Map Changes
Page I of5
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CITY OF
ASHLAND
Background:
At the June 1, 2010 meeting, the Council approved first reading of three ofthe six ordinances
(Ordinances #1, 3, and 6) implementing the Croman Mill Site Redevelopment Plan (2008), and
continued deliberations on first reading ofthe remaining three ordinances (Ordinances #2, 4 and 5) to
the June 15 meeting. The item was then continued from June 15 to the June 29 Council meeting, and
the Council began deliberations on Chapter 18.53 Croman Mill District (Ordinance #2) on June 29.
The agenda item was not completed and deliberations were continued to the August 3 meeting.
The Council has resolved a series of issues in the deliberations to date as described below. Revisions
addressing the issues will be incorporated in the ordinances for second reading.
. increase area that can be used for Limited Outdoor Storage (18.53.040.B.l1.a) to be a
maximum of"2,500 sq. ft. in the CI overlay, or 50 percent of the ground floor area of the
building housing the associated permitted or special permitted use, whichever is less l!:reater"
. remove properties at 695 and 697 Mistletoe (Kruise/Hamlin) from Croman Mill District
Compatible Industrial (CI) zoning overlay - retain existing M-I Industrial zoning
. do not apply the Detail Site Review Zone to the properties at 650, 700 and 750 Mistletoe Road
(DiRienzo/Knox) - retain existing M.I Industrial zoning
. identify street connection from plan area to Washington Street, bike/pedestrian connection as
secondary option
. modify Phase II of the Central Boulevard to using the exiting Mistletoe Road location with
original concept shown as dotted line with notation that property owner consent would be
required
. Site Review approvals for buildings up to 15,000 square feet in size in the Croman Mill District
will be a Type I planning approval
. limit changes in land use overlays to Compatible Industrial (CI) or Office Employment (OE)
Ordinances #2, 4 and 5 were included in the previous packet materials for the June 15 meeting - please
bring the previous packet materials from June 15 to the August 3 meeting. The record for the planning
action is located on the project web site www.ashland.or.us/croman at http://ashland.or.us/files/2010-
05-04 CromanMill PARecord web.pdf.
In the event this agenda item is not completed at the August 3, 2010 Council meeting, staff
recommends continuing the deliberation on first reading of Ordinances #2, 4 and 5 as well as the
second reading of Ordinances #1,3 and 6 to a future meeting to avoid having to re-notice the item.
Size of Special Permitted Uses
At the June 29 meeting, the Council began a discussion of three of the special permitted uses
(I8.53.040.B) -limited stores, shops and restaurants, child or day care facilities, and ancillary
employee services. Specifically, the discussion involved the amount of floor area that could be
dedicated to these special permitted uses, and whether the maximum floor area allowed should be
increased in size. Several alternative size limitations were discussed by the Council at the June 29
meeting including changing the "whichever is less" language to. "whichever is greater," and increasing
the area to 25 or 35 percent ofthe ground floor.
Page2of5
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CITY OF
ASHLAND
Currently, in the Office Employment (OE), Compatible Industrial (CI) and Mixed Use (MU) zoning
overlays, the draft Chapter 18.53 Croman Mill District sets a maximum floor area of 1,500 square feet
(sq, ft.) or ten percent of the ground floor area, whichever is less for stores, shops and restaurants, and
for child or day care facilities. The draft sets a maximum floor area of2,500 sq. ft. or ten percent of
the ground floor area, whichever is less, for ancillary employee services (e.g. cafeteria, fitness area).
The various special permitted uses are additive, and in theory could all be occurring in the same
building. It is important to note that the Neighborhood Center (NC) overlay allows stores, shops and
restaurants up to 3,000 sq. ft. in size, and allows child or day care centers without restrictions on size.
The table below outlines the area that would be permitted for the three extra special permitted uses
based on three sample size buildings - 12,000 sq. ft., 20,000 sq. ft. and 50,000 sq. ft. There are three
scenarios presented for each building size including the area allowed under the current draft of Chapter
18.53 Croman Mill District, tlie area allowed if the language were changed from "whichever is less" to
"whichever is greater," and if the language were changed to allow for a total area of 15 percent of the
gross floor area (GF A) for any or a combination of the extra special permitted uses.
Special Pennitted Uses Comparison
Square Footage as a Percentage of Total Building Square Footage
building ground limited day ancillary total sq. ft. % building sq. It.
sa. ft. flaar sa. ft. stores care emolovee for extra uses for extra uses
12,000 sq. It. building
current draf 12,000 6.000 600 600 600 1.800 15.00%
whichever is greate 12,000 6.000. 1.500 1,500 2.500 5,500 45.83%
15% of gross floor area (GFA) 12.000 1.800 15.00%
20,000 sq. ft. building
current drafl 20.000 10.000 1,000 1,000 1.000 3,000 15.00%
whichever is greate 20,000 10.000 1,500 1,500 2.500 5.500 27.50%
15% of gross floor area (GFA) 20,000 3,000 15.00%
50,000 sq. It. building current drafi
50,000 25,000 1.500 1,500 2.500 5.500 11.00%
whichever is greate 50.000 25,000 2.500 2,500 2.500 7,500 15.00%
15% of aross floor area- (GFA 50.000 7.500 15.00%
Staff believes the approach included in the current draft of Chapter 18.53 Croman Mill District
provides pedestrian-scale uses that are intended to serve nearby employees and neighborhoods. The
intent of allowing small restaurants, shops and services in the CI, OE and MU zoning overlays is to
provide opportunities to have daily services within walking distance of the employment center and
adjacent neighborhood, and thereby reduce individual automobile trips. In staff's opinion, allowing a
portion of the building to be used for service-type uses, but retaining most of the building area for
industrial and office uses addresses the project objectives included in the Croman Mill Site
Redevelopment Plan including "Provide for a large number of family wage jobs, Allow for a mix of
uses, and Do not create uses that compete with downtown."
Should the Council decide to provide more flexibility in the size of stores, shops, restaurants, child or
day care, and ancillary employee uses in the CI, OE and MU zoning overlays, staff suggests allowing
15 percent of the gross floor area (GF A) to be used for any or a combination ofthese special permitted
uses. This is the third approach shown under each building size in the table. The GF A approach
would retain a similar square footage of buildings for stores, shops, restaurants, child or day care, and
ancillary employee uses as originally proposed and recommended by the Planning Commission.
However, it would eliminate allocating the square footage to each of three categories of uses, and
Pagd of 5
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CITY OF
ASHLAND
instead produce one gross area number that could be divided between the uses as determined by the
property owner. In addition, since the size caps for the special permitted uses would be eliminated (i.e.
1,500 for stores, restaurants, shops, and child and day care, and 2,500 for ancillary employee uses), the
amount of square footage would stay proportional to size of the building. Staff would also recommend
adding a change in the area allocations of the special permitted uses to the Minor Amendments
permitted in 18.53.020.B.l.b for additional flexibility to address infrequent or unanticipated special
permitted use size scenarios. At the June 29th meeting, the majority of the Council appeared to support
this additional provision to the list of eligible Minor Amendments.
For example, under the GFA approach a 20,000 sq. ft. building would be allowed 3,000 sq. ft. for the
extra special permitted uses. In theory, the property owner could elect to develop the building with a
1,500 square foot coffee shop and a 1,500 hair salon, or could use the entire 3,000 sq. ft. for an
employee fitness center. Another plausible option is that the owner may elect to not include square
footage for any of the extra special permitted uses, and construct a building entirely dedicated to
compatible industrial or office uses.
Related City Policies:
Ashland Comprehensive Plan - Chapter II: Introductions and Definitions, Chapter III: Citizen
Participation, Chapter IV: Environmental Resources, Chapter VII: The Economy, Chapter VIII: Parks,
Open Spaces and Aesthetics, Chapter X: Transportation, Chapter XI: Energy, Air and Water
Conservation, Chapter XII: Urbanization
Chapter 18.108 Procedures
Council Options:
The Council may approve, approve with modifications, or deny the first reading of ordinances
adopting Chapter 18.53 Croman Mill and related ordinance, Ashland Comprehensive Plan, and
Comprehensive Plan and Zoning Map Amendments.
Potential Motions:
1. Move to approve first reading of the following ordinances. Additionally, move to request that the
complete set of six ordinances be brought back for second reading on August 17,2010.
. Ordinance #2: An Ordinance amending the Ashland Land Use Ordinance creating a new
Chapter 18.53 Croman Mill
Exhibit A: Chapter 18.53 Croman Mill
. Ordinance #4: An ordinance amending AMC 18.08.190, 18.08.341, 18.08.342, 18.08.343,
18.08.845,18.12.020,18.61.042,18.68.020, 18.68.050, 18.72.030, 18.72.110, 18.72.120,
18.72.140, 18.72.180, 18.84.100, 18.88.070, 18.88.080, 18.92.020, 18.96.090, 18.104.020,
18.106.030,18.108.0174 of the Ashland Municipal Code and Land Use Ordinance for
consistency with new Chapter 18.53 Croman Mill
. Ordinance #5: An Ordinance amending the City of Ashland Comprehensive Plan to change
the land use map designation of approximately 99 acres of land within the City of Ashland
Urban Growth Boundary from Industrial, Employment, Single-Family Residential and Rural
Residential (Jackson County) to the newly created Croman Mill Plan Designation; amending
the City of Ashland Zoning and Land Use Control Maps to rezone approximately 78 acres of
land within the City Limits from M-I,E-l, and R-I-5 Districts to the newly created Croman
Page 4 of5
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CITY OF
ASHLAND
Mill Zone; and imposing five Croman Mill Overlay Districts on the Croman mill zoned
properties, including Compatible Industrial, CM-CI, Office Employment, CM-OE, Mixed Use,
CM-MU, Open Space, CM-OS, Neighborhood Center, CM-NC
Exhibit A: Proposed Comprehensive Plan Designation
Exhibit B: Proposed Croman Mill District Zone (CM)
Exhibit C: Proposed Zoning Map Changes
2. Move to approve first reading with proposed amendments as noted after each ordinance.
Additionally, move to request that the complete set of six ordinances be brought back for ~econd
_ reading on August 17,2010.
(see list of ordinances above)
Potential amendments to Ordinance #2: An Ordinance amending the Ashland Land Use
Ordinance creating a new Chapter 18.53 Croman Mill
. increase area that can be used for Limited Outdoor Storage (18.53.040.B.Il.a) to be a
maximum of"2,500 sq. ft. in the CI overlay, or 50 percent of the ground floor area of the
building housing the associated permitted or special permitted use, whichever is -less l!reater"
. combine the following special permitted uses in 18.53.040.B - 3. limited stores, shops and
restaurants, 5. child or day care facilities, and 6. ancillary employee services, and modify the
maximum floor area requirements to allow up to 15 percent of the gross floor area (GFA) to be
used for any or a combination of these special permitted uses in the CI, OE and MU zoning
overlays
. add changes to area allocations for special permitted uses to the list of Minor Amendments in
18.53.020.B.I.b
Attachments:
None
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