HomeMy WebLinkAbout3137 Uniform Penalty Provisions Throughout AMC
ORDINANCE NO. 1 "31 ~
AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE
CHAPTERS AMC 9.04.030; AMC 9.08.020; AMC 9.08.030; AMC 9.08.040;
AMC 9.08.050; AMC 9.08.060; AMC 9.080.070; AMC 9.08.080; AMC
9.08.090; AMC 9.08.110; AMC 9.08.120; AMC 9.08.130; AMC 9.08.150; AMC
9.08.160; AMC 9.08.170; AMC 9.08.180; AMC 9.08.190; AMC 9.08.250; AMC
9.08.270; AMC 9.08.280; AMC 9.08.990; AMC 9.12.060; AMC 10.04.020;
AMC 10.04.030; AMC 10.26.050; AMC 10.30.050; AMC 10.40.030; AMC
10.40.040; AMC 10.44.020; AMC 10.46.020; AMC 10.46.030; AMC 10.56.020;
AMC 10.56.030; AMC 10.60.020; AMC 10.60.050; AMC 10.60.060; AMC
10.110.060; AMC 10.60.060; AMC 10.68.060; AMC 10.68.080; AMC
10.68.090; AMC 10.68.100; AMC 10.68.110; AMC 10.68.120; AMC 10.68.130;
AMC 10.68.140; AMC 10.68.150; AMC 10.68.170; AMC 10.68.180; AMC
10.68.190; AMC 10.68.200; AMC 10.68.210; AMC 10.68.220; AMC 10.68.230;
AMC 10.68.240; AMC 10.68.250; AMC 10.68.260; AMC 10.68.270; AMC
10.68.280; AMC 10.68.290; AMC 10.68.300; AMC 10.68.310; AMC 10.68.320;
AMC 10.68.330; AMC 10.68.350; AMC 10.68.370; AMC 10.68.380; AMC
11.22.020; AMC 11.22.030; AMC 11.40.010; AMC 11.40.030; AMC 11.40.040;
AMC 11.40.050; AMC 11.44.005; AMC 11.44.010; AMC 11.44.020; AMC
11.44.040; AMC 11.44.030; AMC 11.44.090; AMC 11.52.030; AMC 11.52.050;
AMC 11.52.060; AMC 11.52.070; AMC 11.52.080; AMC 11.52.090; AMC
13.02.040; AMC 13.02.060; AMC 13.02.080; AMC 13.02.120; AMC 13.02.900;
AMC 13.03.090; AMC 13.03.110; AMC 13.04.090; AMC 13.12.130; AMC
14.04.060; AMC 14.04.090; AMC 14.05.120; AMC 14.06.080; AMC 14.06.090;
AMC 14.08.050; AMC 14.09.010; AMC 14.12.095; AMC 15.06.030; AMC
15.08.100; AMC 15.10.100; AMC 15.16.340; AMC 15.20.090; AMC 16.28.050,
TO UPDATE AND MAKE UNIFORM THE LANGUAGE THROUGHOUT
THE ASHLAND MUNICIPAL CODE
Annotated to show delet ons 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 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,
Ordinance No. Page 1 of 3
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, The City of Ashland wishes to reduce potential confusion about the purposes of
some enforcement provisions in city code and associated penalties; and
WHEREAS, staff is proposing revisions to enforcement and penalty language within various
ordinances in order to (1) remove, replace and/or correct ambiguous language, (2) in some cases,
provide cross references to multiple ordinances affecting the penalty schedule and in some cases,
consolidate related penalty provisions into one chapter with reference to a single penalty section;
(3) remove unnecessarily stigmatic or archaic language; or (4) state provisions in the active
voice.
WHEREAS, Column III of the chart attached as Exhibit A shows proposed revisions to each
subject ordinance provision by means of strikethroughs and bolded and underlined inserted text,
and Column IV shows the proposed final provisions; and therefore
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Column IV of attached Exhibit A, which is incorporated herein, comprises the
final versions of the provisions addressed in this ordinance.
SECTION 2. Savings. Notwithstanding this amendment, 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 ordinances(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 3. 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 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" may be changed to "code", "article", "section", 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 Nos. 2-4) 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 7!z7 , 2017,
, 2017.
and duly P SSED and ADOPTED this day or17w-u-,
Barbara M. Christensen, City Recorder
Ordinance No. Page 2 of 3
SIGNED and APPROVED this day of 2017.
o Stromberg, Mayor
Revi ed as to form:
i
avid H. Lohma , City Attorney
Ordinance No. Page 3 of 3
EXHIBIT A
to
ORDINANCE
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
9.04 Weeds and 9.04.030 SECTION 9.04.030 SECTION 9.04.030
Noxious Vegetation Violation Penalty Violation Penalty Violation Penalty
^ R<' Yi ati ^fi Of *hi c er- Any person who violates any
provision of this Chapter is
nuisane , shall be punishable as a subject to Section 1.08.020 of the
G S T iO ti^" afi eaeh day *h Ashland Municipal Code. Any
nuisanee is maintained shall violation of this section is a Class
"tit"tle ^ set3af e ^r- nse I violation.
Any person who violates any
provision of this Chapter is
subject to Section 1.08.020 of the
Ashland Municipal Code. Any
violation of this section is a Class I
violation.
9.08 Nuisances 9.08.020 SECTION 9.08.020 SECTION 9.08.020
Dangerous Dangerous Animals Dangerous Animals
Animal A. No owner or person in charge of A. No owner or person in charge
an a imnl shall permit an animal of a dangerous animal is
I[Ul
whieh is da ggefe s to the ptib e permitted to fail to keep the
ho lth safety to be e?Epased-4n dangerous animal confined or
restricted in a manner reasonably
view a dangerous animal is necessary to protect the health or
permitted to fail to keep the safety of the public or property of
dangerous animal confined or another from said animal.
restricted in a manner reasonably B. A dangerous animal means any
necessary to protect the health or animal which has the propensity
safety of the public or property of to menace or attack without
another from said animal. provocation persons or other
B. A dangerous animal means any animals, which is listed as
animal which has the propensity invasive species by Oregon
to menace or attack without Department of Fish and Wildlife,
provocation persons or other which carries communicable
animals, which is listed as invasive diseases, or which is included in
species by Oregon Department of the definitions of dangerous dog
Fish and Wildlife, which carries under ORS 609.035 or exotic
communicable diseases, or which animals as defined under ORS
is included in the definitions of 609.305.
dangerous doe under ORS C. Any violation of this section is
609.035 or exotic animals as punishable as provided under
defined under ORS 609.305. 9.08.990.
Ordinance - Exhibit A Page 1 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
C. Any violation of this section is
punishable as provided under
9.08.990.
9.08 Nuisances 9.08.030 SECTION 9.08.030 SECTION 9.08.030
Animals at Large Animals at Large Animals at Large
A. No owner or person in charge of A. No owner or person in charge
any dog, livestock, or poultry shall of any dog, livestock, or poultry
permit the animal to run at large, shall permit the animal to run at
anima's a4 large is n Class W large.
viela#en. B. Any violation of this section is
B. Any violation of this section is punishable as provided under
punishable as provided under 9.08.990.
9.08.990.
9.08 Nuisances 9.08.040 SECTION 9.08.040 SECTION 9.08.040
Keeping of Keeping of Animals Keeping of Animals
Animals .
J. Keeping of nninials is a Iffiss 1-1-1 J. Any violation of this section is
viointi Any violation of this punishable as provided under
section is punishable as provided 9.08.990.
under 9.08.990.
9.08 Nuisances 9.08.050 SECTION 9.08.050 SECTION 9.08.050 Removal
Removal of Removal of Carcasses of Carcasses
Carcasses A. No person shall permit an A. No person shall permit an
animal carcass under his or her animal carcass under his or her
ownership or control to remain ownership or control to remain
upon public property, or to be upon public property,
exposed on private property, for a or to be exposed on private
period of time longer than is property, for a period of time
reasonably necessary to remove longer than is reasonably
or dispose of the carcass. necessary to remove or dispose
Removal of ear ~~~r~~ ~ Class of the carcass.
W violation. B. Any violation of this section
B. Any violation of this section is punishable as provided
is punishable as provided under under 9.08.990.
9.08.990.
9.08 Nuisances 9.08.060 SECTION 9.08.060 SECTION 9.08.060
Nuisances Nuisances Affecting the Public Nuisances Affecting the Public
Affecting the Health Health
Public Health A. No person shall cause, or A. No person shall cause, or
permit on property under his or permit on property under his or
her ownership or control, a her ownership or control, a
nuisance affecting public health. nuisance affecting public
The following are nuisances health. The following are
affecting the public health and nuisances affecting the public
Ordinance - Exhibit A Page 2 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
may be abated and/or cited as health and may be abated
provided and/or cited as provided
in the AMC: in the AMC:
-Al. Privies. An open vault or 1. Privies. An open vault or
privy constructed and maintained privy constructed and
within the City, except those maintained within the City,
constructed except those constructed or
or maintained in connection with maintained in connection with
construction projects in construction projects in
accordance with the Oregon State accordance with the Oregon
Board of Health regulations; State Board of Health
B2. Debris. Accumulations of regulations;
debris, rubbish, manure, and 2. Debris. Accumulations of
other refuse that are not removed debris, rubbish, manure, and
within a reasonable time and that other refuse that are not
affect the health of the City; removed within a reasonable
C-3. Stagnant Water. Stagnant time and that affect the health
water which affords a breeding of the City;
place for mosquitoes and other 3. Stagnant Water. Stagnant
insect pests; water which affords a breeding
P4. Water Pollution. Pollution of place for mosquitoes and other
a body of water, well, spring, insect pests;
stream, or drainage ditch by 4. Water Pollution. Pollution
sewage, industrial wastes, or of a body of water, well,
other substances placed in or near spring, stream, or drainage
the water in a manner that will ditch by sewage, industrial
cause harmful material to pollute wastes, or other substances
the water; placed in or near the water in a
E-5. Food. Decayed or manner that will cause harmful
unwholesome food which is material to pollute the water;
offered for human consumption; 5. Food. Decayed or
F-6. Odor. Premises which are in unwholesome food which is
such a state or condition as to offered for human
cause an offensive odor or which consumption;
are in an unsanitary condition; 6. Odor. Premises which are in
67. Surface Drainage. Drainage such a state or condition as to
of liquid wastes from private cause an offensive odor or
premises; which are in an unsanitary
148. Cesspools. Cesspools or condition;
septic tanks which are in an 7. Surface Drainage. Drainage
unsanitary condition or which of liquid wastes from private
cause an offensive odor; premises;
19. Slaughterhouses and 8. Cesspools. Cesspools or
Tanneries. A slaughterhouse or septic tanks which are in an
tannery.
Ordinance - Exhibit A Page 3 of 52
L II. M. IV.
Code Provision Code Section Original with Changes Final Version
J10. Dust and Trackout. No unsanitary condition or which
person shall trackout mud, dirt, or cause an offensive odor;
other debris from private or 9. Slaughterhouses and
public lands onto public roads Tanneries. A slaughterhouse or
without taking reasonable tannery.
precautions to prevent mud, dirt, 10. Dust and Trackout. No
or debris from becorning airborne person shall trackout mud, dirt,
or washing off the site. These or other debris from private or
precautions shall include prompt public lands onto public roads
removal of such material from without taking reasonable
the paved road surfaces and such precautions to prevent mud,
other precautions including, but dirt, or debris from becoming
not necessarily limited to, the airborne or washing off the
conditions listed below. site. These precautions shall
B. The City may require the include prompt removal of
imposition of building permit such material from the paved
conditions for the prevention of road surfaces and such other
trackout. Conditions imposed precautions including, but not
may include, but are not limited necessarily limited to, the
to the following: conditions listed below.
The posting of a bond sufficient B.- The City may require the
to assure available funds for imposition of building permit
roadway cleanup by the City if conditions for the prevention
the contractor or permittee is of trackout. Conditions
negligent in cleanup of adjacent imposed may include, but are
public roadways. not limited to the following:
1. Street sweeping, vacuuming or The posting of a bond
other means of removing trackout sufficient to assure available
material from public roadways. funds for roadway cleanup by
2. Installation of wheel washers the City if the contractor or
at exits of major construction permittee is negligent in
sites. cleanup of adjacent public
3. Use of temporary or permanent roadways.
barricades to keep traffic off 1. Street sweeping, vacuuming
unpaved areas. or other means of removing
4. Require graveling of access trackout material from public
roads on site. roadways.
5. Limit the use of public 2. Installation of wheel
roadways by vehicles. washers at exits of major
6. Issue stop work order if construction sites.
trackout occurs and is not 3. Use of temporary or
promptly corrected. A violation permanent barricades to keep
of a stop work order shall be traffic off unpaved areas.
considered a violation of this 4. Require graveling of access
section. A stop work order issued roads on site.
Ordinance - Exhibit A Page 4 of 52
I. II. M. IV.
Code Provision Code Section Original with Changes Final Version
pursuant to this section shall be 5. Limit the use of public
posted at the work site and roadways by vehicles.
delivered personally or by 6. Issue stop work order if
certified mail to an alleged trackout occurs and is not
violator. promptly corrected. A
7. For access to property, paving violation of a stop work order
of the entry way or driveway for shall be considered a violation
its entire length or a distance of of this section. A stop work
50 feet, whichever is shorter. order issued pursuant to this
Nuisances aMeting n~~~ section shall be posted at the
health AHA ...,.,~Weired Class r work site and delivered
viol tions. personally or by certified mail
C. Any violation of this section to an alleged violator.
is punishable as provided under 7. For access to property,
9.08.990. paving of the entry way or
driveway for its entire length
or a distance of 50 feet,
whichever is shorter.
C. Any violation of this
section is punishable as
provided under 9.08.990.
9.08 Nuisances 9.08.070 SECTION 9.08.070 SECTION 9.08.070
Abandoned Abandoned Refrigerators Abandoned Refrigerators
Refrigerators A. No person shall leave, in a A. No person shall leave, in a
place accessible to children, an place accessible to children, an
abandoned or discarded icebox, abandoned or discarded
refrigerator, or similar container icebox, refrigerator, or similar
without first removing the door, container without first
unless the same has a magnetic removing the door, unless the
catch or similar catch which can same has a magnetic catch or
easily be opened from the inside. similar catch which can easily
baRE10„O~ is -a be opened from the inside.
Classr1 vi iatiefl. . B. Any violation of this section
B. Any violation of this section is punishable as provided
is punishable as provided under under 9.08.990.
9.08.990.
9.08 Nuisances 9.08.080 SECTION 9.08.080 SECTION 9.08.080
Attractive Attractive Nuisances Attractive Nuisances
Nuisances
C. ttraetiy n„issinnes are C. Any violation of this section
Class TT viol tions. Any is punishable as provided
violation of this section is under 9.08.990.
punishable as provided under
9.08.990.
Ordinance - Exhibit A Page 5 of 52
I. II. M. IV.
Code Provision Code Section Original with Changes Final Version
9.08 Nuisances 9.08.090 SECTION 9.08.090 SECTION 9.08.090
Snow and Ice Snow and Ice Removal Snow and Ice Removal
Removal
B. Snow an iee removal is a B. Any violation of this section
Class 1NI t oir. Any is punishable as provided
violation of this section is under 9.08.990.
punishable as provided under
9.08.990.
9.08 Nuisances 9.08.110 SECTION 9.08.110 SECTION 9.08.110
Scattering Scattering Rubbish Scattering Rubbish
Rubbish A. No person shall deposit upon A. No person shall deposit
public or private property any upon public or private property
kind of rubbish, trash, debris, any kind of rubbish, trash,
refuse, or any substance that debris, refuse, or any substance
would mar the appearance, create that would mar the appearance,
a stench or fire hazard, detract create a stench or fire hazard,
from the cleanliness or detract from the cleanliness or
safety of the property, or would safety of the property, or
be likely to injure a person, would be likely to injure a
animal, or vehicle traveling upon person, animal, or vehicle
a public way. traveling upon a public way.
SeatteFifi ftibbis a Gla rr B. Any violation of this section
vielatieff. is punishable as provided
B. Any violation of this section under 9.08.990.
is punishable as provided under
9.08.990.
9.08 Nuisances 9.08.120 SECTION 9.08.120 SECTION 9.08.120
Trees - Hedges Trees - Hedges Trees - Hedges
D Trees -n are ^ Class W D. Any violation of this
Viol ti Any violation of this section is punishable as
section is punishable as provided under 9.08.990.
rovided under 9.08.990.
9.08 Nuisances 9.08.130 SECTION 9.08.130 SECTION 9.08.130
Parking Strips Parking Strips Parking Strips
A. It shall be the duty of the A. It shall be the duty of the
owner or person in charge of owner or person in charge of
abutting property to grade the abutting property to grade the
area between the sidewalk and area between the sidewalk and
the curb to the level of the the curb to the level of the
sidewalk and curb and to sidewalk and curb and to
maintain the area as a grass plot; maintain the area as a grass
provided, however, that the area plot; provided, however, that
Ordinance - Exhibit A Page 6 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
may be used also for ornamental the area may be used also for
plants and shrubbery in a manner ornamental plants and
not in conflict with this chapter or shrubbery in a manner not in
any ordinances. Pafk ng trips is conflict with this chapter or
Glass TTT viela4;- any ordinances.
B. Any violation of this section B. Any violation of this section
is punishable as provided under is punishable as provided
9.08.990. under 9.08.990.
9.08 Nuisances 9.08.150 SECTION 9.08.150 SECTION 9.08.150
Surface Waters Surface Waters - Drainage Surface Waters - Drainage
- Drainage
C. Sur-faee Wtefs Dfainage C. Any violation of this section
Clans TT N,ielatieV, Any violation is punishable as provided
of this section is punishable as under 9.08.990.
rovided under 9.08.990.
9.08 Nuisances 9.08.160 SECTION 9.08.160 SECTION 9.08.160
Radio and Radio and Television - Radio and Television -
Television - Interference Interference
Interference
C. R adio and television C. Any violation of this section
inteffer-ence-is a Class 11 is punishable as provided
viol-rvlati^vir. Any violation of this under 9.08.990.
section is punishable as
rovided under 9.08.990.
9.08 Nuisances 9.08.170 SECTION 9.08.170 SECTION 9.08.170
Unnecessary Unnecessary Noise Unnecessary Noise
Noise
G. Penalty. Unless otherwise G. Penalty. Unless otherwise
specified in this section, specified in this section,
unneeessar-y noise a Glviolation of this section is
ViolatiRR- violation of this punishable as provided under
section is punishable as 9.08.990.
provided under 9.08.990.
9.08 Nuisances 9.08.180 SECTION 9.08.180 SECTION 9.08.180
Notices - Notices - Advertisements Notices - Advertisements
Advertisements A. No person shall scatter, litter, A. No person shall scatter,
or cause to be scattered, or litter, or cause to be scattered,
littered any placards, or littered any placards,
advertisements, or other similar advertisements, or other
materials on public or private similar materials on public or
property. Notices private property
adyei4i servients is " Glass TTT
ViO a4i0 ,
~a~a
Ordinance - Exhibit A Page 7 of 52
I. II. M. IV.
Code Provision Code Section Original with Changes Final Version
B. Any violation of this section B. Any violation of this section
is punishable as provided under is punishable as provided
9.08.990. under 9.08.990.
9.08 Nuisances 9.08.190 SECTION 9.08.190 SECTION 9.08.190
Declaration of Declaration of Nuisance - Declaration of Nuisance -
Nuisance - General Nuisance General Nuisance
General
Nuisance C. Goner-al miss ee upAe'' C. Any violation of this section
04 , °n R „ Class 11 is punishable as provided
Any violation of this under 9.08.990.
section is punishable as
provided under 9.08.990.
9.08 Nuisances 9.08.250 SECTION °.04.254 SECTION 9.08.250
~rn~rvr v vz~ v
Penalties Penalties Penalties
[Repealed]
3n of this ekaptef is
to seetion 1.09.0-20 ef the
Ashland Municipal Gode,
9.08 Nuisances 9.08.270 SECTION 9.08.270 SECTION 9.08.270
Prohibiting the Prohibiting the Sale of Coal Prohibiting the Sale of Coal
Sale of Coal A. No person, firm or corporation A. No person, firm or
shall sell, trade, deliver or give corporation shall sell, trade,
away coal within the City of deliver or give away coal
Ashland. This within the City of Ashland.
shall apply to coal that is This shall apply to coal that is
intended or suitable for use in intended or suitable for use in
stoves for heating and does not stoves for heating and does not
include charcoal. include charcoal.
V 1„*;fflr Of this ceC-4iO iS B. Any violation of this section
meet to the penalties seforth is punishable as provided
i do 09 2cn Goal Sale under 9.08.990.
Class M violation-.
B. Any violation of this section
is punishable as provided under
9.08.990.
9.08 Nuisances 9.08.280 SECTION 9.08.280 SECTION 9.08.280
Feeding of Feeding of Deer, Raccoon, Wild Feeding of Deer, Raccoon,
Deer, Raccoon, Turkeys and Potentially Wild Turkeys and Potentially
Wild Turkeys Habituated Wildlife Prohibited Habituated Wildlife Prohibited
and Potentially
Habituated D. Violation - Penalty. AAs D. Violation - Penalty.
Wildlife other-wise allowed „der "Mr' Any violation of this section is
Prohibited 1.04.010, any violation of this punishable as provided under
9.08.990.
Ordinance - Exhibit A Page 8 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
ee and is punishable as a
Class 1 violation and each tang
the nti* - . taintaine a
shall constitute separate
oMnse: Any violation of this
section is punishable as
provided under 9.08.990.
9.08 Nuisances 9.08.990 SECTION 9.08.990 SECTION 9.08.990
Violations of Violations of Provisions of Violations of Provisions of
Provisions of Chapter 9.08: Schedule Chapter 9.08: Schedule
Chapter 9.08: A. Any person who violates any A. Any person who violates
Schedule provision of this Chapter is any provision of this Chapter is
subject to Section 1.08.020 of subject to Section 1.08.020 of
the Ashland Municipal Code. the Ashland Municipal Code.
B. Schedule of Violations: B. Schedule of Violations:
1. Violations of any of the 1. Violations of any of the
following sections constitute a following sections constitute a
Class I violation: Class I violation:
(a) 9.04.030 Weeds and Noxious (a) 9.04.030 Weeds and
Vegetation Noxious Vegetation
(b) 9.08.020 Dangerous animals (b) 9.08.020 Dangerous
(c) 9.08.060 Nuisances Affecting animals
the Public Health (c) 9.08.060 Nuisances
(d) 9.08.070 Abandoned Affecting the Public Health
Refrigerators (d) 9.08.070 Abandoned
(e) 9.08.170 Unnecessary Noise Refrigerators
(f) 9.08.280 Feeding of Deer, (e) 9.08.170 Unnecessary
Raccoon, Wild Turkeys and Noise
Potentially Habituated Wildlife (f) 9.08.280 Feeding of Deer,
Prohibited Raccoon, Wild Turkeys and
2. Violations of any of the Potentially Habituated Wildlife
following sections constitute a Prohibited
Class II violation: 2. Violations of any of the
(a) 9.08.080 Attractive following sections constitute a
Nuisances Class II violation:
(b) 9.08.110 Scattering Rubbish (a) 9.08.080 Attractive
(c) 9.08.150 Surface Waters - Nuisances
Drainage (b) 9.08.110 Scattering
(d) 9.08.160 Radio and Rubbish
Television - Interference (c) 9.08.150 Surface Waters -
(e) 9.08.190 Declaration of Drainage
Nuisance - General Nuisance (d) 9.08.160 Radio and
Television - Interference
Ordinance - Exhibit A Page 9 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
3. Violations of any of the (e) 9.08.190 Declaration of
following sections constitute a Nuisance - General Nuisance
Class III violation: 3. Violations of any of the
(a) 9.08.040 Keeping of Animals following sections constitute a
(b) 9.08.120 Tree-Hedges Class III violation:
(c) 9.08.130 Parking strips (a) 9.08.040 Keeping of
(d) 9.08.180 Notices- Animals
Advertisement (b) 9.08.120 Tree-Hedges
(e) 9.08.270 Prohibiting Sale of (c) 9.08.130 Parking strips
Coal (d) 9.08.180 Notices-
4. Violations of any of the Advertisement
followin14 sections constitute a (e) 9.08.270 Prohibiting Sale
Class IV violation: of Coal
(a) 9.08.030 Animals at Large 4. Violations of any of the
(b) 9.08.050 Removal of following sections constitute a
Carcasses Class IV violation:
(c) 9.08.090 Snow and lee (a) 9.08.030 Animals at Large
Removal (b) 9.08.050 Removal of
Carcasses
(c) 9.08.090 Snow and Ice
Removal
10.04 Interference 10.04.020 SECTION 10.04.020 Violation SECTION 10.04.020
with Police or Fire Penalties Penaltiesy Violation - Penalty.
Department Any person who violates any
within this ehapter- shall be guilty e provision of this Chapter is
n Class U! violation *l'"+ elass is subject to Section 1.08.020 of
defined „rider Oregon Law a the Ashland Municipal Code.
AW 1.09.020. Any person who
Any violation of this section is
violates any provision of this a Class III violation.
Chapter is subject to Section
1.08.020 of the Ashland
Municipal Code. Any violation
of this section is a Class III
violation.
10.04 Interference 10.04.030 SECTION 10.04.030 SECTION 10.04.030
with Police or Fire Interference Interference with a public Interference with a public
Department with a public safety radio safety radio
safety radio A. No person shall operate any A. No person shall operate any
generator or electromagnetic generator or electromagnetic
wave or otherwise cause a wave or otherwise cause a
disturbance of such magnitude as disturbance of such magnitude
to interfere with the proper as to interfere with the proper
functioning of any police, fire, or functioning of any police, fire,
emergency radio communication or emergency radio
system of the city. inter fer-ef no
Ordinance - Exhibit A Page 10 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
with „11b,ie saff 4y rndie is n Class communication system of the
G misAemeaTer. B. Any person city.
who violates any provision of B. Any person who violates
this Chapter is subject to any provision of this Chapter is
Section 1.08.020 of the Ashland subject to Section 1.08.020 of
Municipal Code. Any violation the Ashland Municipal Code.
of this section is a Class c Any violation of this section is
Misdemeanor. a Class C Misdemeanor.
10.26 10.26.050 SECTION 10.26.050 SECTION 10.26.050
Swimming Pools Violation Violation Penalty Violation Penalty
Penalty Any person who violates any
round inviolation of the terms n~ provision of this Chapter is
, subject to Section 1.08.020 of
shat be gui tt, of r-In°°_-E Any the Ashland Municipal Code.
person who violates any Any violation of this section is
provision of this Chapter is a Class I Violation.
subject to Section 1.08.020 of
the Ashland Municipal Code.
Any violation of this section is a
Class I Violation.
10.30 Controls on 10.30.050 SECTION 10.30.050 SECTION 10.30.050
Open Burning Enforcement Penalties and Penalties and Schedule
and Penalties Schedule A. Any person who violates
A. Any pN, fi~ or any provision of this Chapter is
6EWPOfatiOR, Whethef aS a subject to Section 1.08.020 of
a! agent, empleyee-e~F the Ashland Municipal Code.
~ l aT B. (1) Any violation of this
et-
eaus ng vigil t;e„ ^f n>7 -44e section is a Class I Violation.
r-oyisions of this eFdinanc-e (2) Outside burning without a
field ing but riot limi+°d to permit or a permitting a
17n''`epm tted campfire in violation of this
r.,,rning .,iela efl of pe M,it chapter is a public nuisance
roilniromorl4-chas ,.o,-,.,mia@d a and may be may be abated
Class 1 vielzr ion, a Rd tipeR pursuant to AMC Chapter
eenvie4e 1.08. by the Fire Chief, Chief
theree punishable as of Police, or their
p Feseribe i Seetio ' _.09 020 of representatives.
the Ashland Munieipal G4e-.
SH61i PefSE)H,
Arrvc Or n0rffrn4-l8rl lS !x111 l4-c' efn
LTon for ae "a and
separate vi1e n+l
&V&-y !"1nt/ lYllrlhR xxJh1l1h any
vielatie*
Ordinance - Exhibit A Page 11 of 52
L II. III. IV.
Code Provision Code Section Original with Changes Final Version
1
^f thiS Chapter iS n0mrnit4e Or
60fiC~elnE)r'7 firm Er
eefpefatiefi. "il"1"CTffilei
Any person who
violates any provision of this
Chapter is subject to Section
1.08.020 of the Ashland
Municipal Code. 7
B. Outside bti fn fig .z,ithe t ~l
Pe f it Or n nnmPAfe ir> 'ielati8 i
u~ivii
of this .hapteF is n r`ubl ie
jinnr, ae an mny
be stun ily abated by the Fife
be Fife
Chie ief of Police, Or Cl eit.:
e (1) Any violation
of this section is a Class I
Violation.
(2) Outside burning without a
permit or a permitting a
campfire in violation of this
chapter is a public nuisance
and may be may be abated
pursuant to AMC Chapter 1.08
by the Fire Chief, Chief of
Police or their representatives.
10.40 Liquor 10.40.030 SECTION 10.40.030 SECTION 10.40.030
Regulations Consumption of Consumption of alcoholic Consumption of alcoholic
alcoholic liquors liquors in public places liquors in public places
in public places prohibited prohibited
prohibited A. No person shall drink or A. No person shall drink or
consume alcoholic liquor in or consume alcoholic liquor in or
upon any street, alley, public upon any street, alley, public
ground, or other public place ground, or other public place
unless the place has been licensed unless the place has been
for that purpose by the Oregon licensed for that purpose by the
Liquor Control Commission. Oregon Liquor Control
Consumption eoho ie liq ors Commission.
in »~ubli . places prehibite is n u B. Any person who violates
.3
Class Ill .,ielatie any provision of this Chapter is
B. Any person who violates any subject to Section 1.08.020 of
provision of this Chapter is the Ashland Municipal Code.
subject to Section 1.08.020 of Any violation of this section is
the Ashland Municipal Code. a Class III Violation.
Any violation of this section is a
Class III Violation.
Ordinance - Exhibit A Page 12 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
10.40 Liquor 10.40.040 SECTION 10.40.040 SECTION 10.40.040
Regulations Open Open Containers Prohibited Open Containers Prohibited
Containers A. A person commits the offense A. A person commits the
Prohibited of violation of the open container offense of violation of the open
law if the person possesses on container law if the person
one's person, while in or upon possesses on one's person,
any street, alley, public ground, while in or upon any street,
or other public place unless the alley, public ground, or other
place has been licensed public place unless the place
for that purpose by the Oregon has been licensed
Liquor Control Commission, any for that purpose by the Oregon
bottle, can or other receptacle Liquor Control Commission,
containing any alcoholic liquor, any bottle, can or other
which has been opened, or a seal receptacle containing any
broken, or the contents of which alcoholic liquor, which has
have been partially removed. It been opened, or a seal broken,
shall not be a violation of this or the contents of which have
section, however, if the bottle, been partially removed. It shall
can or other receptacle is within not be a violation of this
a motor vehicle and in section, however, if the bottle,
compliance with ORS 811.170, can or other receptacle is
the open container law in a motor within a motor vehicle and in
vehicle. OpeH roes compliance with ORS 811.170,
prohibited is „ rigs Trr vielation. the open container law in a
Ul.1V 11
B. Any person who violates any motor vehicle.
provision of this Chapter is B. Any person who violates
subiect to Section 1.08.020 of any provision of this Chapter is
the Ashland Municipal Code. subject to Section 1.08.020 of
Any violation of this section is a the Ashland Municipal Code.
Class III Violation. Any violation of this section is
a Class III Violation.
10.44 Disorderly 10.44.020 SECTION 10.44.020 Penalties SECTION 10.44.020
.Y seetten
Conduct Penalties Any Pefsen vial 6 b Penalties
within this-cwt°r shall guilty Any person who violates any
of a Cans H! violation +4,~+ provision of this Chapter is
elass is defined under- Orege law subject to Section 1.08.020 of
and n MG nQ o o. Any person the Ashland Municipal Code.
who violates any provision of Any violation of this section is
this Chapter is subiect to a Class III Violation.
Section 1.08.020 of the Ashland
Municipal Code. Any violation
of this section is a Class III
Violation.
Ordinance - Exhibit A Page 13 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
10.46 Prohibited 10.46.020 SECTION 10.46.020 SECTION 10.46.020
Camping Camping Camping Prohibited Camping Prohibited
Prohibited A. No person shall camp in or A. No person shall camp in or
upon any sidewalk, street, alley, upon any sidewalk, street,
lane, public right-of-way, park, or alley, lane, public right-of-
any other publicly-owned way, park, or any other
property or under any bridge or publicly-owned property or
viaduct, unless otherwise under any bridge or viaduct,
specifically authorized by this unless otherwise specifically
code, by the owner of the authorized by this code, by the
property, or by emergency owner of the property, or by
declaration under AMC 2.62.030. emergency declaration under
Camping prehib;~o a is a Glass W AMC 2.62.030.
Z+U
vie B. Any person who violates
B. Any person who violates any any provision of this Chapter is
provision of this Chapter is subject to Section 1.08.020 of
subject to Section 1.08.020 of the Ashland Municipal Code.
the Ashland Municipal Code. Any violation of this section is
Any violation of this section is a a Class IV Violation.
Class IV Violation.
10.46 Prohibited 10.46.030 SECTION 10.46.030 SECTION 10.46.030
Camping Sleeping on Sleeping on Benches Sleeping on Benches
Benches A. No person shall sleep on A. No person shall sleep on
public benches between the hours public benches between the
of 9:00 p.m. and 8:00 a.m.. hours of 9:00 p.m. and 8:00
Sleeping o 7ene-7es is n Class W a.m.
J 1 vie B. Any person who violates
B. Any person who violates any any provision of this Chapter is
provision of this Chapter is subject to Section 1.08.020 of
subject to Section 1.08.020 of the Ashland Municipal Code.
the Ashland Municipal Code. Any violation of this section is
Any violation of this section is a a Class IV Violation.
Class IV Violation.
10.56 Trespass 10.56.030C SECTION 10.56.030 SECTION 10.56.030
Prohibited Uses Prohibited Uses of Fountains Prohibited Uses of Fountains
of Fountains and Monuments and Monuments
and Monuments
C Pr-ohi ite of fountains C. Any person who violates
aii men ime is „ Class 4 any provision of this Chapter is
Viol ti^r. Any person who subject to Section 1.08.020 of
violates any provision of this the Ashland Municipal Code.
Chapter is subject to Section Any violation of this section is
1.08.020 of the Ashland a Class I Violation.
Municipal Code. An violation
Ordinance - Exhibit A Page 14 of 52
I. IL III. IV.
Code Provision Code Section Original with Changes Final Version
of this section is a Class I
Violation.
10.60 Injury to or 10.60.020 SECTION 10.60.020 SECTION 10.60.020
Destruction of Horses Horses prohibited Horses prohibited
Property prohibited A. No person shall lead, drive, or A. No person shall lead, drive,
ride a horse on public property, or ride a horse on public
except upon that portion of a property, except upon that
street where vehicular traffic is portion of a street where
authorized. uers°s pFehibite i a vehicular traffic is authorized.
Glass 14 viol tie B. Any person who violates
B. Any person who violates any any provision of this Chapter is
provision of this Chapter is subject to Section 1.08.020 of
subject to Section 1.08.020 of the Ashland Municipal Code.
the Ashland Municipal Code. Any violation of this section is
Any violation of this section is a a Class II Violation.
Class II Violation.
10.60 10.60.050 SECTION 10.60.050 SECTION 10.60.050
Injury to or Library property Library property Retention Library property Retention
Destruction of Retention past past due date prohibited past due date prohibited
Property due date A. No person shall willfully or A. No person shall willfully or
prohibited maliciously detain any book, maliciously detain any book,
newspaper, magazine, pamphlet, newspaper, magazine,
or manuscript belonging to the pamphlet, or manuscript
public library for thirty (30) days belonging to the public library
after notice in writing from the for thirty (30) days after notice
librarian of such library, given in writing from the librarian of
after the expiration of time which such library, given after the
by regulations of such library expiration of time which by
such book, newspaper, magazine, regulations of such library
pamphlet, phonograph record, or such book, newspaper,
manuscript may be kept. The magazine, pamphlet,
notice shall bear upon its face a phonograph record, or
copy of this section and Section manuscript may be kept. The
10.60.060. Libr-ary pr-o,-,et4y notice shall bear upon its face
.ete. ' e El"+° pfeh b ted a copy of this section and
is a Class W vielation. Nothing Section 10.60.060.
hefe n shall pr-e ;bit of min-a B. Any person who violates
pr-eseeutie ~^r the under any provision of this Chapter is
subject to Section 1.08.020 of
B. Any person who violates any the Ashland Municipal Code.
provision of this Chapter is Any violation of this section is
subiect to Section 1.08.020 of a Class IV Violation.
the Ashland Municipal Code.
Ordinance - Exhibit A Page 15 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
Any violation of this section is a
Class IV Violation.
10.60 10.60.060 SECTION 10.60.060 SECTION 10.60.060
Injury to or Violation - Violation - Penalty. Violation - Penalty.
V1 L1
Destruction of Penalty ^ ny „°rs^„ al ting any of the Any person who violates any
Property rr^ --ions of this ehapter- tiJ provision of this Chapter is
Z
gHi t.' ^f „r i„frneti^„ afi Shall subject to Section 1.08.020 of
J1111
be subject to the penalties ~o+ the Ashland Municipal Code.
fet4 , in Seet;^„ 1.08.020. Any Any violation of this section is
person who violates any a Class I violation.
provision of this Chapter is
subject to Section 1.08.020 of
the Ashland Municipal Code.
Any violation of this section is a
Class I violation.
10.68 Public Parks 10.68.060 SECTION 10.68.060 SECTION 10.68.060
Penalty for Penalty for Violation Unpermitted Commercial
violation Unpermitted Commercial Activity
Activity A. No one shall sell or offer
A. No one shall sell or offer for for sale any article or perform
sale any article or perform or or offer to perform any service
offer to perform any service for for hire in any of the parks
hire in any of the parks without a without a written permit for
written permit for such such concession properly and
concession properly and regularly regularly granted by the Park
granted by the Park Commission. Commission. No one shall
No one shall hawk or peddle hawk or peddle popcorn, ice
popcorn, ice cream, candy, soda cream, candy, soda water,
water, peanuts, or similar wares peanuts, or similar wares
within or on any of the park within or on any of the park
grounds of the city without first grounds of the city without
securing a permit to do so from first securing a permit to do so
the Park Commission. from the Park Commission.
i rr pet: ,„tte eommpr-l' " cc"tiyity B. Any person who violates
Teaul -~i ~i v
is a Cl ass 1 vielatiefi. r any provision of this Chapter is
B. Any person who violates subject to Section 1.08.020 of
any provision of this Chapter is the Ashland Municipal Code.
subject to Section 1.08.020 of Any violation of this section is
the Ashland Municipal Code. a Class I violation.
Any violation of this section is a
Class I violation.
10.68 Public Parks 10.68.080 SECTION 10.68.080 SECTION 10.68.080
Notices Posting Notices prohibited. Posting_Notices prohibited.
prohibited
Ordinance - Exhibit A Page 16 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
A. No one shall erect on any A. No one shall erect on any
pole or post or attach any notice, pole or post or attach any
bill, poster, sign, wire, rod or notice, bill, poster, sign, wire,
cord to any tree, shrub, fence rod or cord to any tree, shrub,
railing, fountain, wall, post, fence railing, fountain, wall,
structure or other device of any post, structure or other device
kind whatever, on any of the of any kind whatever, on any
bases, statues, bridges, or of the bases, statues, bridges,
monuments in any park without or monuments in any park
permission of the Park without permission of the Park
Commission. Ne iees „rehibited Commission.
isa Class Al vielatie . B. Any person who violates
B. Any person who violates any any provision of this Chapter is
provision of this Chapter is subject to Section 1.08.020 of
subject to Section 1.08.020 of the Ashland Municipal Code.
the Ashland Municipal Code. Any violation of this section is
Any violation of this section is a a Class IV violation.
Class IV violation.
10.68 Public Parks 10.68.090 SECTION 10.68.090 SECTION 10.68.090
Intoxicating Intoxicating liquor prohibited Intoxicating liquor prohibited
liquor • .
prohibited
E Tfi*^ ting ig„er pr-e ibiteu E. Any person who violates
is n Class 11 vielatio . Any any provision of this Chapter is
person who violates any subject to Section 1.08.020 of
provision of this Chapter is the Ashland Municipal Code.
subject to Section 1.08.020 of Any violation of this section is
the Ashland Municipal Code. a Class II violation.
Any violation of this section is a
Class II violation.
10.68 Public Parks 10.68.100 SECTION 10.68.100 SECTION 10.68.100
Littering Littering Prohibited Littering Prohibited
Prohibited A. No one shall obstruct the free A. No one shall obstruct the
use and enjoyment of any park, free use and enjoyment of any
or place any straw, dirt, chips, park, or place any straw, dirt,
paper, shaving, shells, ashes, chips, paper, shaving, shells,
swill or garbage or other rubbish ashes, swill or garbage or other
even though not offensive to rubbish even though not
health in or upon any portion of offensive to health in or upon
the Park. T 4efing pFe ibited any portion of the Park.
Class 4 yiol„4ie. B. Any person who violates
B. Any person who violates any any provision of this Chapter is
provision of this Chapter is subject to Section 1.08.020 of
subject to Section 1.08.020 of the Ashland Municipal Code.
Ordinance - Exhibit A Page 17 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
the Ashland Municipal Code. Any violation of this section is
Any violation of this section is a a Class II violation.
Class II violation.
10.68 Public Parks 10.68.110 SECTION 10.68.110 SECTION 10.68.110
Injuring or Injuring or defacing property Injuring or defacing property
defacing prohibited prohibited
property A. No one shall remove, destroy, A. No one shall remove,
prohibited break, injure, mutilate, or deface destroy, break, injure, mutilate,
in any way, any structure, or deface in any way, any
monument, statue, vase, fountain, structure, monument, statue,
wall, fence, railing, vehicle, vase, fountain, wall, fence,
bench, tree, shrub, fern, plant, railing, vehicle, bench, tree,
flower, or other property in the shrub, fern, plant, flower, or
park. lnju -;R., or d°fani other property in the park.
B. Any person who violates
ven. any provision of this Chapter is
B. Any person who violates any subject to Section 1.08.020 of
provision of this Chapter is the Ashland Municipal Code.
subject to Section 1.08.020 of Any violation of this section is
the Ashland Municipal Code. a Class II violation.
Any violation of this section is a
Class II violation.
10.68 Public Parks 10.68.120 SECTION 10.68.120 SECTION 10.68.120
Park property- Park property - Prohibited uses Park property - Prohibited uses
prohibited uses A. No one shall climb any tree, or A. No one shall climb any tree,
walk, stand, or sit upon the or walk, stand, or sit upon the
monuments, vases, fountains, monuments, vases, fountains,
railings, or fences in any park. railings, or fences in any park.
par's "fepet4y P,-^1-.ibitoa uses ' B. Any person who violates
es is
Glass W vielatio any provision of this Chapter is
B. Any person who violates any subject to Section 1.08.020 of
provision of this Chapter is the Ashland Municipal Code.
subject to Section 1.08.020 of Any violation of this section is
the Ashland Municipal Code. a Class 11 violation.
Any violation of this section is a
Class II violation.
10.68 Public Parks 10.68.130 SECTION 10.68.130 SECTION 10.68.130
Betting Betting prohibited Betting prohibited
prohibited A. No game of chance or betting A. No game of chance or
of any kind will be permitted betting of any kind will be
within the park boundaries. permitted within the park
Bet4i g prohibited a Class 11 boundaries.
vim. B. Any person who violates
any provision of this Chapter is
Ordinance - Exhibit A Page 18 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
B. Any person who violates any subject to Section 1.08.020 of
provision of this Chapter is the Ashland Municipal Code.
subject to Section 1.08.020 of Any violation of this section is
the Ashland Municipal Code. a Class II violation.
Any violation of this section is a
Class II violation.
10.68 Public Parks 10.68.140 SECTION 10.68.140 SECTION 10.68.140
Firearms and Firearms and explosives use Firearms and explosives
explosives use prohibited prohibited
prohibited A. Except as permitted by AMC A. Except as permitted by
10.92.02013, no one shall use AMC 10.92.020.13, no one
firearms, fireworks, firecrackers, shall use firearms, fireworks,
torpedoes, or explosives of any firecrackers, torpedoes, or
kind in any park. -F-4-°n:s and explosives of any kind in any
°xiPles ves Use Pfohibite ;5- park.
Glass 1 violation B. Any person who violates
B. Any person who violates any any provision of this Chapter is
provision of this Chapter is subject to Section 1.08.020 of
subject to Section 1.08.020 of the Ashland Municipal Code.
the Ashland Municipal Code. Any violation of this section is
Any violation of this section is a a Class II violation.
Class II violation.
10.68 Public Parks 10.68.150 SECTION 10.68.150 SECTION 10.68.150 Injuring
Injuring wildlife Injuring wildlife prohibited wildlife prohibited
prohibited A. No one shall use any weapon, A. No one shall use any
stick, stone, or missile of any weapon, stick, stone, or missile
kind to destroy, injure, disturb or of any kind to destroy, injure,
molest any wild or domestic disturb or molest any wild or
animal, fowl, or fish within the domestic animal, fowl, or fish
park limits. injut:ingwild!4;a within the park limits.
prohibited is a (;!as-,, I vigil 4E) B. Any person who violates
B. Any person who violates any provision of this Chapter is
any provision of this Chapter is subject to Section 1.08.020 of
subject to Section 1.08.020 of the Ashland Municipal Code.
the Ashland Municipal Code. Any violation of this section is
Any violation of this section is a a Class I violation.
Class I violation.
10.68 Public Parks 10.68.170 SECTION 10.68.170 SECTION 10.68.170
Park waters Use Park wWaters Use Park Waters Use
A. No one shall fish, wade, swim, A. No one shall fish, wade,
or bathe in any of the parks swim, or bathe in any of the
except the places designated for parks except the places
such purposes, except, however, designated for such purposes,
that children of the age of thirteen except, however, that children
Ordinance - Exhibit A Page 19 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
(13) years and under shall be of the age of thirteen (13)
permitted to fish within the years and under shall be
present, or hereinafter designated, permitted to fish within the
boundaries of Lithia Park. present, or hereinafter
B. Any person who violates any designated, boundaries of
provision of this Chapter is Lithia Park.
subject to Section 1.08.020 of B. Any person who violates
the Ashland Municipal Code. any provision of this Chapter is
Any violation of this section is a subject to Section 1.08.020 of
Class II violation. the Ashland Municipal Code.
Any violation of this section is
a Class II violation.
10.68 Public Parks 10.68.180 SECTION 10.68.180 SECTION 10.68.180
Whistles Whistles prohibited Whistles prohibited
prohibited A. Except for sports officials and A. Except for sports officials
coaches during scheduled events, and coaches during scheduled
visitors shall not sound whistles events, visitors shall not sound
in any of the parks. Whistles whistles in any of the parks.
B. Any person who violates
B. Any person who violates any any provision of this Chapter is
provision of this Chapter is subject to Section 1.08.020 of
subject to Section 1.08.020 of the Ashland Municipal Code.
the Ashland Municipal Code. Any violation of this section is
Any violation of this section is a a Class IV violation.
Class IV violation.
10.68 Public Parks 10.68.190 SECTION 10.68.190 SECTION 10.68.190
Park rules Park rules - Destruction of Park rules - Destruction of
Destruction of notice prohibited notice prohibited
notice A. No person shall injure, deface, A. No person shall injure,
prohibited or destroy any notice of rules and deface, or destroy any notice
regulations for the government of of rules and regulations for the
the parks, which shall have been government of the parks,
posted or permanently fixed by which shall have been posted
order or permission of the park or permanently fixed by order
commission. Destf etio e or permission of the park
nut-ice is a Class I viola4ian-. commission.
B. Any person who violates any B. Any person who violates
provision of this Chapter is any provision of this Chapter is
subject to Section 1.08.020 of subject to Section 1.08.020 of
the Ashland Municipal Code. the Ashland Municipal Code.
Any violation of this section is a Any violation of this section is
Class I violation. a Class I violation.
10.68 Public Parks 10.68.200 SECTION 10.68.200 SECTION 10.68.200
Animals Animals Animals
Ordinance - Exhibit A Page 20 of 52
L II. III. IV.
Code Provision Code Section Original with Changes Final Version
E A nimals fegu ations nrP Gla E. Any person who violates
W elatiens. Any person who any provision of this Chapter is
violates any provision of this subject to Section 1.08.020 of
Chapter is subject to Section the Ashland Municipal Code.
1.08.020 of the Ashland Any violation of this section is
Municipal Code. Any violation a Class IV violation.
of this section is a Class IV
violation.
10.68 Public Parks 10.68.210 SECTION 10.68.210 SECTION 10.68.210
Vehicles Use Vehicles Use restricted Vehicles Use restricted
restricted
E Vehieles r se r-es4 E. Any person who violates
regulations ar° Glass U! any provision of this Chapter is
vielati . Any person who subject to Section 1.08.020 of
violates any provision of this the Ashland Municipal Code.
Chapter is subject to Section Any violation of this section is
1.08.020 of the Ashland a Class III violation.
Municipal Code. Any violation
of this section is a Class III
violation.
10.68 Public Parks 10.68.220 SECTION 10.68.220 SECTION 10.68.220
Emergency Emergency vacation Emergency vacation
vacation A. In case of emergency, or in A. In case of emergency, or in
any case where life and property any case where life and
are endangered, all persons, if property are endangered, all
requested to do so by the persons, if requested to do so
superintendent or other park by the superintendent or other
employee, shall depart from the park employee, shall depart
portion of the grounds specified from the portion of the grounds
by such officer or employee, and specified by such officer or
shall remain off the same until employee, and shall remain off
permission is given to return. the same until permission is
Failure- to obey a lawful order- to given to return.
evaeaate d„° to a emerrror.n<, B. Any person who violates
.7 10
Glass 1 olati any provision of this Chapter is
B. Any person who violates any subject to Section 1.08.020 of
provision of this Chapter is the Ashland Municipal Code.
subject to Section 1.08.020 of Any violation of this section is
the Ashland Municipal Code. a Class I violation.
Any violation of this section is a
Class I violation.
10.68 Public Parks 10.68.230 SECTION 10.68.230 SECTION 10.68.230
Ordinance - Exhibit A Page 21 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
Sleeping Sleeping in prohibited area; Sleeping in prohibited area;
Prohibited times times
A. No person shall sleep any A. No person shall sleep any
place within the boundaries of place within the boundaries of
any park, including public roads, any park, including public
between the hours of nine (9:00) roads, between the hours of
p.m. and eight (8:00) a.m. nine (9:00) p.m. and eight
Sleeping pr-ohiba Glass TV (8:00) a.m.
" latiorr. B. Any person who violates
B. Any person who violates any provision of this Chapter is
any provision of this Chapter is subject to Section 1.08.020 of
subject to Section 1.08.020 of the Ashland Municipal Code.
the Ashland Municipal Code. Any violation of this section is
Any violation of this section is a a Class IV violation.
Class IV violation.
10.68 Public Parks 10.68.240 SECTION 10.68.240 SECTION 10.68.240
Comfort stations Comfort stations Comfort stations
No male person athet- than n ehil a A. A comfort station
with irrr-rts F othef, eF n paf designated by a sign indicating
emplayee in the ` iseh t:ge - it is for the exclusive use of
' b persons of one sex shall not be
sueh shall enter- a pubs e am£4 entered or used by a person of
station mafked "weeffle of lei e a different sex except:
about the e t'-anee of such (1) An adult parent or guardian
^m~914 stations. ~ accompanying a minor child
stations ^ Glass Tho' ola4e* under the age of twelve (12);
A. A comfort station designated (2) To accompany a physically
by a sign indicating it is for the handicapped or infirmed
exclusive use of persons of one person reasonably needing
sex shall not be entered or used physical assistance;
by a person of a different sex (3) To render emergency
except; medical aid or assistance;
(1) An adult parent or guardian (4) Persons who reasonably
accompanying a minor child have an urgent need to enter or
under the age of twelve (12); use a public comfort station
(2) To accompany a physically regardless of gender identity or
handicapped or infirmed sexual orientation; or
person reasonably needing (5) City employees in the
physical assistance; discharge of their regular
(3) To render emergency duties.
medical aid or assistance; B. Any person who violates
(4) Persons who reasonably any provision of this Chapter is
have an urgent need to enter or subject to Section 1.08.020 of
use a public comfort station the Ashland Municipal Code.
Ordinance - Exhibit A Page 22 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
regardless of Gender identity or Any violation of this section is
sexual orientation; or a Class IV violation.
(5) City employees in the
discharge of their regular
duties.
B. Any person who violates any
provision of this Chapter is
subject to Section 1.08.020 of
the Ashland Municipal Code.
Any violation of this section is a
Class IV violation.
10.68 Public Parks 10.68.250 SECTION 10.68.250 SECTION 10.68.250
"No admittance" "No admittance" or "No admittance" or "Reserved"
or "Reserved" "Reserved" sign Compliance sign Compliance
sign A. No person shall enter any A. No person shall enter any
Compliance building, enclosure, or place building, enclosure, or place
within any of the parks upon within any of the parks upon
which the words "No which the words "No
Admittance" or "Reserved" shall Admittance" or "Reserved"
be displayed or posted by sign, shall be displayed or posted by
placard, or otherwise, without the sign, placard, or otherwise,
consent of the super nten ent ^r without the consent of the
ether effieer of the ram appropriate City official.
amO~Of ) tad fflittaflG- i0 rr B. Any person who violates
Class Tlat-i-« vielatien any provision of this Chapter is
reserve a Class 11 viol 4e subject to Section 1.08.020 of
appropriate City official. the Ashland Municipal Code.
B. Any person who violates any Any violation of "no
provision of this Chapter is admittance" signage is a Class
subject to Section 1.08.020 of I violation; violation of
the Ashland Municipal Code. "reserved" signage is a Class II
Any violation of "no violation.
admittance" signage is a Class I
violation; violation of
"reserved" sit!nage is a Class II
violation.
10.68 Public Parks 10.68.260 SECTION 10.68.260 SECTION 10.68.260
Swings Swings Hammocks Swings Hammocks
Hammocks A. No swings or hammocks shall A. No swings or hammocks
be hung or swung in any of the shall be hung or swung in any
parks, except on the posts erected of the parks, except on the
for the purpose. Swings posts erected for the purpose.
Paffi eeks is „ Class R, B. Any person who violates
TIZLTT17TI4'l'i I' ~
elvivza4ierr. any provision of this Chapter is
Ordinance - Exhibit A Page 23 of 52
I. IL III. IV.
Code Provision Code Section Original with Changes Final Version
B. Any person who violates subject to Section 1.08.020 of
any provision of this Chapter is the Ashland Municipal Code.
subject to Section 1.08.020 of Any violation of this section is
the Ashland Municipal Code. a Class IV violation.
Any violation of this section is a
Class IV violation.
10.68 Public Parks 10.68.270 SECTION 10.68.270 SECTION 10.68.270
Fires Fires Fires
A. No person shall build any fire A. No person shall build any
at any place within the limits of fire at any place within the
any park except by an employee limits of any park except by an
of the park commission or in an employee of the park
area designated by the park commission or in an area
commission for picnic fires. designated by the park
eutside designated areas is commission for picnic fires.
Class 11 viol tion When ;re B. Any person who violates
P t iEt „s are m place viol *ieN any provision of this Chapter is
is „ Glass 1 N401a40n subject to Section 1.08.020 of
B. Any person who violates any the Ashland Municipal Code.
provision of this Chapter is 1. Any violation of this section
subject to Section 1.08.020 of occurring outside designated
the Ashland Municipal Code. areas is a Class 11 violation.
1. Any violation of this section 2. Any violation of this section
occurrinlz outside designated occurring when Fire
areas is a Class II violation. Restrictions are in place is a
2. Any violation of this section Class I violation.
occurring when Fire
Restrictions are in place is a
Class I violation.
10.68 Public Parks 10.68.280 SECTION 1 0.68.280 SECTION 10.68.280
Permit Permit- Iuspeetion Permit inspeeti
Inspection ^ pefse ela mi~ b Y t„ have a [Repealed]
1 [See 10.68.290 below.]
shah nrei uee and e?.11ibit c~ iin ri
authorized person whe may
desire to inspeet the same.
Pe emit inspection is " Class W
vieffi.
10.68 Public Parks 10.68.290 SECTION 10.68.290 SECTION 10.68.290
Permit Permit Conditions and Permit Conditions and
Conditions Inspection Inspection
A. All permits issued by the park A. All permits issued by the
commission shall be subject to park commission shall be
Ordinance - Exhibit A Page 24 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
the city ordinances and the subject to the city ordinances
persons to whom such permits and the persons to whom such
are issued shall be bound by said permits are issued shall be
rules, regulations, and ordinances bound by said rules,
as fully as though the same were regulations, and ordinances as
inserted in such permits, and any fully as though the same were
person or persons to whom such inserted in such permits, and
permits shall be issued shall be any person or persons to whom
liable for any loss, damage, or such permits shall be issued
injury sustained by any person shall be liable for any loss,
whatever by reason of the damage, or injury sustained by
negligence of the person or any person whatever by reason
persons to whom such permits of the negligence of the person
shall be issued, as well as for any or persons to whom such
breach of such rules, regulations, permits shall be issued, as well
and ordinances, to the person or as for any breach of such rules,
persons so suffering damages or regulations, and ordinances, to
injury. When not otherwise the person or persons so
specified in the Code, violation of suffering damages or injury.
permit-conditions is a Class II B. Any person claiming to
violation. have a permit from the park
B. Any person claiminll to have commission shall produce and
a permit from the park exhibit such permit upon
commission shall produce and request of any authorized
exhibit such permit upon person who may desire to
request of any authorized inspect the same.
person who may desire to C. Any person who violates
inspect the same. any provision of this Chapter is
C. Any person who violates subject to Section 1.08.020 of
any provision of this Chapter is the Ashland Municipal Code.
subject to Section 1.08.020 of 1. Any violation of subsection
the Ashland Municipal Code A in this section is a Class II
1. Any violation of subsection A violation.
in this section is a Class II 2. Any violation of subsection
violation. B in this section is a Class IV
2. Any violation of subsection B violation.
in this section is a Class IV
violation.
10.68 Public Parks 10.68.300 SECTION 10.68.300 SECTION 10.68.300
Barriers Barriers Compliance Barriers Compliance
Compliance A. No person shall ride, drive, or A. No person shall ride, drive,
walk on such parts or portions of or walk on such parts or
the parks or pavements as may be portions of the parks or
Ordinance - Exhibit A Page 25 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
closed to public travel or interfere pavements as may be closed to
with barriers erected against the public travel or interfere with
public. Baffi rs Gemplia„e-- barriers erected against the
Glass W viela4io public.
B. Any person who violates any B. Any person who violates
provision of this Chapter is any provision of this Chapter is
subject to Section 1.08.020 of subject to Section 1.08.020 of
the Ashland Municipal Code. the Ashland Municipal Code.
Any violation of this section is a Any violation of this section is
Class III violation. a Class III violation.
10.68 Public Parks 10.68.310 SECTION 10.68.310 SECTION 10.68.310
Park officers Interference with Park officers Interference with Park officers
Obedience Obedienee t A. No person shall refuse a
required A. No person shall refuse a request to obey any reasonable
request to obey any reasonable direction of law enforcement,
direction of law enforcement, park officers or employees.
toe-park officers or employees. B. Any person who violates
F i!Ufe tO 60fflpl ' iS n Gla5S i_u any provision of this Chapter is
vie subject to Section 1.08.020 of
B. Any person who violates any the Ashland Municipal Code.
provision of this Chapter is Any violation of this section is
subject to Section 1.08.020 of a Class III violation.
the Ashland Municipal Code.
Any violation of this section is a
Class III violation.
10.68 Public Parks 10.68.320 10.68.220 parr o f eer° 10.69.320 pars, O fP6erc.
Park officers Nothing e t ine herein shall [Repealed]
pr-event the peffermanee of any [See 10.68.3 10 above.]
aet eF sefviee by the r of effieers
or em levees whieh has been
duly authorized by the par4
commission in ehar-ge.
10.68 Public Parks 10.68.330 SECTION 10.68.330 SECTION 10.68.330
Camping Camping prohibited Camping prohibited
prohibited A. No person shall camp within A. No person shall camp
the park limits within the city of within the park limits within
Ashland, or on the park side of the city of Ashland, or on the
any street adjacent to the parks. park side of any street adjacent
Pfe ibite Gaffl ,ing n Class TAI to the parks.
vielatieR. B. Any person who violates
B. Any person who violates any any provision of this Chapter is
provision of this Chapter is subject to Section 1.08.020 of
subject to Section 1.08.020 of the Ashland Municipal Code.
the Ashland Municipal Code.
Ordinance - Exhibit A Page 26 of 52
I. IL III. IV.
Code Provision Code Section Original with Changes Final Version
Any violation of this section is a Any violation of this section is
Class IV violation. a Class IV violation.
10.68 Public Parks 10.68.350 SECTION 10.68.350 SECTION 10.68.350
Penalties pew Park Violation - Park Violation - Expulsion
Expulsion Remedy Remedy
A. Violation. Any et:so"' whe A. In addition to other
vigil tes any of the previsions „f remedies provided for
this ehapter is gu4t-,$f-a violation of this Code, or of
V-iOlatoN afid Shall be Stibjeet tE) any of the laws of the State of
the penalties set fei4 in Seetio Oregon, any peace officer, or
~IV11
1 .TAO park official or city code
Exelt sio . In addition to other compliance officer may expel
remedies provided for violation any person who violates any
of this Code, or of any of the applicable provision of law in
laws of the State of Oregon, any a city park from any or all city
peace officer, or park official or parks for a period of 30 days
city code compliance officer may for any violation or for a
exelude any person who period not to exceed the
violates any applicable provision maximum jail period for any
of law in a city park from any or particular criminal offenses. If
all city parks for a period of 30 the person to be expelled from
days for any violation or for a any park has been expelled
period not to exceed 120 days from a city park on two or
the maximum jail period for more occasions within two
any particular criminal offenses. years before the date of the
If the person to be exuded present expulsion for criminal
expelled from any park has been offenses, the expulsion shall be
eves expelled from a city for a period not to exceed 180
park on two or more occasions days. Nothing in this Section
within two years before the date shall be construed to authorize
of the present exelusion the expulsion of any person
expulsion for criminal offenses, lawfully exercising free speech
the exe n expulsion shall be rights or other rights protected
for a period not to exceed 180 by the state or federal
days. Nothing in this Section constitutions.
shall be construed to authorize (1) No person shall
the eyrelasien expulsion of any knowingly enter or remain in
person lawfully exercising free any park at any time in
speech rights or other rights violation of a Park expulsion
protected by the state or federal order as issued and served
constitutions. upon the person in accordance
engaged in stieh pfeteeted to the provisions of subsection
aetiyity :who commits ants that A of this section.
are not pfetente but that yielnte
Ordinance - Exhibit A Page 27 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
applieable pr-evisions of law-, B. Park Expulsion Process;
shall be subjeet to exclusion as Appeal.
pFevided by this Seetion. (1) Written notice shall be
r» F„r ptir-poses of this seetion', given to any person expelled
LIVI1
" from any city park(s). Such
inel ` es any applicable provision notice shall specify the dates
J111
of this + CGS, pT-e afly it~' and places of expulsion. It
oidiRaR zincluding ta4e ty shall be signed by the issuing
er:m;„a' laws an vesicle eedes, party; warning of
or any rule, regul tiOR, Order- D consequences for failure to
l
pefffiit ;sstie by +~o PaFks comply shall be prominently
Cis io Parks Dire .*„r er displayed on the notice.
the eet neil e* (2) A person receiving such
ronemmendatien of the riar,rc notice may appeal in
n~rnminnl~r„r y other accordance with AMC 2.30 to
have the written notice
rescinded or the period
(2) G1 imif "1 Tr-espass. coshortened. The appeal notice
1 n 6Q 350B is in addition to an shall specify the relief sought
not in loll of any other- efdin nee and the reason for said relief.
or- law. (3) The Hearing Officer shall
No person shall knowingly uphold the expulsion if, upon
enter or remain in any park at any de novo review, the
time in violation of a Park preponderance of the evidence
expulsion order as issued and convinces the Hearing Officer
served upon the person in that, more likely than not, the
accordance to the provisions of person in fact committed the
subsection A of this section. crime or violation, and that the
gntef ng n marl. in violation of an expulsion is in accordance
an
e -elusio ^r`ler +ittite with law and otherwise
^N1G'CTITTinal re pass in he seappropriate as to purpose and
length of expulsion.
misdemeatieF C. Penalty. Any person who
C-B Exelusiefi- Park Expulsion violates any provision of this
Process; Appeal Chapter is subject to Section
(1) Written notice shall be given 1.08.020 of the Ashland
to any person exeluded expelled Municipal Code. Any
from any city park(s). Such violation of subsection B of
notice shall specify the dates and this Chapter is deemed a
places of a eltisio expulsion. It Criminal Trespass II, a Class C
shall be signed by the issuing misdemeanor.
party; warning of consequences
for failure to comply shall be
prominently displayed on the
notice.
Ordinance - Exhibit A Page 28 of 52
L II. III. IV.
Code Provision Code Section Original with Changes Final Version
(2) A person receiving such
notice may appeal in accordance
with AMC 2.30 to have the
written notice rescinded or the
period shortened. The appeal
notice shall specify the relief
sought and the reason for said
relief.
(3) The Hearing Officer shall
uphold the exelusien expulsion
if, upon de novo review, the
preponderance of the evidence
convinces the Hearing Officer
that, more likely than not, the
person in fact committed the
crime or violation, and that the
exelusi expulsion is oth
in accordance with law.
appeal of the exclusion is timely
filed under- AN4G 2.4, the
effeet/yeness /fit the xelllsio
shall be stayed, pending t4e
~ if fu ie
vet te$ffl2 $f the appe 1
e*el usia ' is affirmed the
exelusion shall be effective
written deeisie and the sh,& l
speeifie n mbe- -44ays
the fe and otherwise
appropriate as to purpose and
length of expulsion.
C. Penalty. Any person who
violates any provision of this
Chapter is subiect to Section
1.08.020 of the Ashland
Municipal Code. Any violation
of subsection B of this Chapter
is deemed a Criminal Trespass
II a Class C misdemeanor.
10.68 Public Parks 10.68.370 SECTION 10.68.370 SECTION 10.68.370
Parking Parking limitations Parking limitations
limitations A. No person shall park or permit A. No person shall park or
to remain parked any motor permit to remain parked any
Ordinance - Exhibit A Page 29 of 52
L II. III. IV.
Code Provision Code Section Original with Changes Final Version
vehicle which bears a motor motor vehicle which bears a
home or camper license on any motor home or camper license
street within, or on the park-side on any street within, or on the
of any street adjacent to the parks park-side of any street adjacent
of this city, between the hours of to the parks of this city,
2:00 A.M. and 6:00 A.M. It shall between the hours of 2:00
be Nebutta pfesiimed For A.M. and 6:00 A.M. For
purposes of this section, it is purposes of this section, it is
prima facie evidence that any prima facie evidence that any
vehicle found parked contrary to vehicle found parked contrary
the provisions of this section was to the provisions of this section
parked by the registered owner was parked by the registered
thereof. Par-king l / nmp°r i a owner thereof.
t u
Class !I! .,iela+io B. Any B. Any person who violates
person who violates any any provision of this Chapter is
provision of this Chapter is subject to Section 1.08.020 of
subiect to Section 1.08.020 of the Ashland Municipal Code.
the Ashland Municipal Code. Any violation of this section is
Any violation of this section is a a Class III violation.
Class III violation.
10.68 Public Parks 10.68.380 SECTION 10.68.380 SECTION 10.68.380
Curfew Curfew Curfew
A. Except for e°, Fife and A. Except for City officials or
pare- Depa 4''' ent °mpleye ~ City their designees on official
officials or their designees on business, no one shall be in
official business, no one shall be Lithia Park between the hours
in Lithia Park between the hours of 11:30 P.M. and 5:30 A.M.
of 11:30 P.M. and 5:30 A.M. B. Any person who violates
C••--", is a Class W viol tion; any provision of this Chapter is
subject to Section 1.08.020 of
prohibits eitation for trespass the Ashland Municipal Code.
under state !aw. Any violation of this section is
B. Any person who violates a Class IV violation.
any provision of this Chapter is
subject to Section 1.08.020 of
the Ashland Municipal Code.
Any violation of this section is a
Class IV violation.
10.110 Fair 10.110.060 SECTION 10.110.060 SECTION 10.110.060
Housing Enforcement Enforcement and Enforcement and
and Administration Administration
Administration A. The provisions of this section A. The provisions of this
are in addition to state and federal section are in addition to state
law, nothing in this section and federal law, nothing in this
Ordinance - Exhibit A Page 30 of 52
L II. III. IV.
Code Provision Code Section Original with Changes Final Version
precludes complainants from section precludes complainants
pursuing other remedies available from pursuing other remedies
under any appropriate available under any
government agency or under the appropriate government
statutes and procedures agency or under the statutes
established in ORS Chapter and procedures established in
659A. ORS Chapter 659A.
R. /A ny person elaiming to
D
nn`rrl e/ed bI' nti HRIEB41Ii
1
disefifflin ter-y net Ileider top
n Cause of aet1eN ICI /IYly e8uft Off
damages an C.ue ether fef'I/1edll/ J
es
t! l.I
as may be /IY1Y11^opfiate Election
ZLiVll 11
e f remedies an ether pr-eeedur-al
issues relating the i tei=plft z
T
between a ministrn+iye
rIp feceedings and pr-i u a rights e
aetion shall be handled as
pfevided fer in ORS 659A.970.
659A.995 an 659A.890. Toe
eellrt may gfaf t sueli relief as it,
deems 1 UJ71L
t0 inclu ing Nllt
7
not limited to sIie relief a In
d in ORS 659A.885--.
11.22 Vehicle 11.22.030 SECTION 11.22.030 SECTION 11.22.030
Chains Required Penalty Penalty Penalty
The effense desefibea in tr,;s Any person who violates any
eh-aptel-fa•lrure to ear- fy eh s provision of this Chapter is
vielatieti as tha4 elass subject to Section 1.08.020 of
EleA„ed under nrogen lei . the Ashland Municipal Code.
Subjeet to the Ghat*ef l;m;t„t;erV11, Violation of this section is a
III IILU L1
failure to eafr-y chains shall be Class III violation. If a
Cans 1 ..;elation as that el ncc;~ violation is deemed to have
Ele fi le,a , Indet- 7TIIT w if sueh interfered with emergency
failure prevents efflergeney services from responding to a
13%l ....s frern NesrIendit g to --a call, the violation is a Class I
e-a4. Any person who violates violation.
any provision of this Chapter is
subject to Section 1.08.020 of
the Ashland Municipal Code.
Violation of this section is a
Class III violation. If a
Ordinance - Exhibit A Page 31 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
violation is deemed to have
interfered with emergency
services from respondinll to a
call, the violation is a Class I
violation.
11.40 Parades and 11.40.010 SECTION 11.40.010 SECTION 11.40.010
Processions Parade permit Parade permit required Parade permit required
required A. No procession or parade, A. No procession or parade,
except a funeral procession or except a funeral procession or
military parade, shall occupy, military parade, shall occupy,
march, or proceed along a street march, or proceed along a
except in accordance with a street except in accordance
permit issued by the Chief of with a permit issued by the
Police and approved by the City Chief of Police and approved
Administrator. The permit may by the City Administrator. The
be granted where it is found that permit may be granted where it
such parade is not to be held for is found that such parade is not
any unlawful purpose and will to be held for any unlawful
not in any manner tend to a purpose and will not in any
breach of the peace, unreasonably manner tend to a breach of the
interfere with the peace and quiet peace, unreasonably interfere
of the inhabitants of the City, or with the peace and quiet of the
cause damage to or unreasonably inhabitants of the City, or
interfere with the public use of cause damage to or
the streets. Pafa e r'°' Fa4 unreasonably interfere with the
re-q e is a Glass W viol tion public use of the streets.
B. Any person who violates any B. Any person who violates
provision of this Chapter is any provision of this Chapter is
subject to Section 1.08.020 of subject to Section 1.08.020 of
the Ashland Municipal Code. the Ashland Municipal Code.
Any violation of this chapter Any violation of this chapter
AMC 11.40 is a Class IV AMC 11.40 is a Class IV
violation. violation.
11.40 Parades and 11.40.030 SECTION 11.40.030 SECTION 11.40.030
Processions Drivers in Drivers in Drivers in procession Ft possession procession Each driver in a funeral or
Each driver in a funeral or other other procession shall drive as
procession shall drive as near to near to the right edge of the
the right edge of the street as street as practical and shall
practical and shall follow the follow the vehicle ahead as
vehicle ahead as closely as is closely as is practical and safe.
practical and safe.
11.40 Parades and 11.40.040 SECTION 11.40.040 SECTION 11.40.040
Processions Driving through procession Driving through procession
Ordinance - Exhibit A Page 32 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
Driving through No driver of a vehicle other than No driver of a vehicle other
procession an authorized emergency vehicle than an authorized emergency
shall drive between the vehicles vehicle shall drive between the
comprising a funeral or other vehicles comprising a funeral
authorized procession while in or other authorized procession
motion except where traffic is while in motion except where
controlled by traffic control traffic is controlled by traffic
signals or when otherwise control signals or when
directed by a police officer. otherwise directed by a police
Driving through rr, .o~1- is a officer.
Class W yielatieH.
11.40 Parades and 11.40.050 SECTION 11.40.050 SECTION 11.40.050
Processions Penal Penal Penalty
Any person who violates any Any person who violates any
provision of this Chapter is provision of this Chapter is
subject to Section 1.08.020 of subject to Section 1.08.020 of
the Ashland Municipal Code. the Ashland Municipal Code.
Violation of any section of this Violation of any section of this
chapter AMC 11.40 is a Class chapter AMC 11.40 is a Class
IV violation. IV violation.
11.44 Pedestrians 11.44.005 SECTION 11.44.005 SECTION 11.44.005 Use of
Use of Use of sidewalks sidewalks
sidewalks Pedestrians shall not use a Pedestrians shall not use a
roadway for travel when abutting roadway for travel when
sidewalks are available for Being abutting sidewalks are
s J ,--;se of side ,alks a Glass Al available.
vie*.
11.44 Pedestrians 11.44.010 SECTION 11.44.010 SECTION 11.44.010
Illegal Illegal cancellation of a Traffic Illegal cancellation of a Traffic
cancellation of a Citation Citation
Traffic Citation No person shall cancel or solicit No person shall cancel or
the cancellation of a traffic solicit the cancellation of a
citation without the approval of traffic citation without the
the municipal judge. illegal approval of the municipal
eaneellatien of n tfafl e eitat ^n is judge.
n Glass 1 yiela i&ri
11.44 Pedestrians 11.44.020 SECTION 11.44.020 SECTION 11.44.020
Crossing at right Crossing at right angles Crossing at right angles
angles No pedestrian shall cross a street No pedestrian shall cross a
at any place other than by a route street at any place other than
at right angles to the curb or by by a route at right angles to the
the shortest route to the opposite curb or by the shortest route to
curb except in a marked the opposite curb except in a
marked crosswalk.
Ordinance - Exhibit A Page 33 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
crosswalk. Gfessing at righ+
angles is n Class W vielati&
II.
11.44 Pedestrians 11.44.030 SECTION 11.44.030 SECTION 11.44.030
Crosswalk Use Crosswalk Use required Crosswalk Use required
required In blocks with marked In blocks with marked
crosswalks, no pedestrian shall crosswalks, no pedestrian shall
cross a street other than within a cross a street other than within
crosswalk. Gr^ss«,a" k use a crosswalk.
is a Class 1V vielatieft.
11.44 Pedestrians 11.44.040 SECTION 11.44.040 SECTION 11.44.040
Penal Penal Penalty
Any person who violates any Any person who violates any
provision of this Chapter is provision of this Chapter is
subject to Section 1.08.020 of subject to Section 1.08.020 of
the Ashland Municipal Code. the Ashland Municipal Code.
Except for 11.44.010, which is a Except for 11.44.010, which is
Class I violation; violation of a Class I violation; violation of
any other section of chapter any other section of chapter
AMC 11.44 is a Class IV AMC 11.44 is a Class IV
violation. violation.
11.52 Bicycles 11.52.030 SECTION 11.52.030 SECTION 11.52.030
Regulations Regulations Regulations
A. Riding on sidewalks in the C- A. Riding on sidewalks in the
1-D District. No person shall ride C-1-D District. No person shall
or operate a bicycle on a sidewalk ride or operate a bicycle on a
in the district or commercial sidewalk in the district or
zone. R i/ting o sidewalks it the commercial zone.
II LIIV
G ' D Distr-iet „ Class 1-V B. Racing. No person shall
Viel engage in, or cause others to
B. Racing. No person shall engage in, a bicycle race upon
engage in, or cause others to the streets or any other public
engage in, a bicycle race upon the property of this City without
streets or any other public permission of the City
property of this City without Administrator. Major races
permission of the City involving closure or
Administrator. Major races restructuring of city streets
involving closure or restructuring must be permitted pursuant to
of city streets must be permitted AMC 11.12.050.
pursuant to AMC H. 12.0 5 0. C. Method of Riding. A person
Raeing is „ Class W vi„l^+;^~ shall not ride a bicycle other
C. Method of Riding. A person than with their feet on the
shall not ride a bicycle other than pedals and facing the front of
with their feet on the pedals and the bicycle. No bicycle shall
facing the front of the bicycle. No carry more persons at one time
Ordinance - Exhibit A Page 34 of 52
I. II. M. IV.
Code Provision Code Section Original with Changes Final Version
bicycle shall carry more persons than the number for which it is
at one time than the number for equipped.
which it is equipped. Methe of D. Carrying Articles. No
fd;„g a Glass 1NI violati,ff person operating a bicycle
D. Carrying Articles. No person shall carry any packages,
operating a bicycle shall carry bundles, or articles which
any packages, bundles, or articles prevent the rider from keeping
which prevent the rider from at least one (1) hand upon the
keeping at least one (1) hand handlebars and in full control
upon the handlebars and in full of said bicycle.
control of said bicycle. Gat:g E. Traffic Regulations. The use
at4ieles ^ Class 1V vigil tie of a bicycle in the City shall be
E. Traffic Regulations. The use subject to all of the provisions
of a bicycle in the City shall be or laws of the State and the
subject to all of the provisions or laws of the City, including
laws of the State and the laws of those applicable to the drivers
the City, including those of motor vehicles, except as to
applicable to the drivers of motor the latter, those provisions that
vehicles, except as to the latter, by their very nature have no
those provisions that by their application.
very nature have no application. F. Speed on Bicycle Routes.
F. Speed on Bicycle Routes. No No bicycle shall be ridden on a
bicycle shall be ridden on a bicycle route at a speed greater
bicycle route at a speed greater than reasonable and prudent
than reasonable and prudent for for the circumstances when
the circumstances when approaching a pedestrian.
approaching a pedestrian. Speed G. Riding Abreast. No person
shall ride a bicycle upon any
vie street, highway, bicycle route
G. Riding Abreast. No person or lane in the City abreast, or
shall ride a bicycle upon any side-by-side of any other
street, highway, bicycle route or person so riding or propelling a
lane in the City abreast, or side- bicycle when it interferes or
by-side of any other person so impedes the normal and
riding or propelling a bicycle reasonable movement of traffic
when it interferes or impedes the or pedestrians.
normal and reasonable movement H. Hitching on Vehicles. No
of traffic or pedestrians. Ridin person, while riding a bicycle
abbe st a Class W N,iE)I 4o shall in any way attaches
H. Hitching on Vehicles. No themselves or the bicycle to
person, while riding a bicycle any other moving vehicle.
shall in any way attaches L Bicycle Parking. No person
themselves or the bicycle to any shall park a bicycle upon a
other moving 144ehing other than in the
on vehieles a Glass rr vigil roadway and against the curb,
Ordinance - Exhibit A Page 35 of 52
L II. III. IV.
Code Provision Code Section Original with Changes Final Version
1. Bicycle Parking. No person or against a lamppost
shall park a bicycle upon a street, designated for bicycle parking,
other than in the roadway and or in a rack provided for the
against the curb, or against a purpose of supporting bicycles,
lamppost designated for bicycle or on the curb in a manner so
parking, or in a rack provided for as to afford the least
the purpose of supporting obstruction to pedestrian
bicycles, or on the curb in a traffic.
manner so as to afford the least J. Any person who violates any
obstruction to pedestrian traffic. provision of this Chapter is
Bieyele pat: ing is a !`1 subject to Section 1.08.020 of
vie' r the Ashland Municipal Code.
J. Any person who violates any Any violation of this section is
provision of this Chapter is a Class IV violation, except for
subject to Section 1.08.020 of H, which is a Class II
the Ashland Municipal Code. violation.
Any violation of this section is a K. Bicycle Impoundment. In
Class IV violation, except for addition to any other penalty,
H, which is a Class II violation. the court may order
K. Bicycle Impoundment. In impoundment of a bicycle used
addition to any other penalty, the in an offense committed under
court may order impoundment of this chapter until such time as
a bicycle used in an offense may appear just and
committed under this chapter reasonable.
until such time as may appear just
and reasonable.
11.52 Bicycles 11.52.050 SECTION 11.52.050 SECTION 11.52.050
Responsibility Responsibility of Parent or Responsibility of Parent or
of Parent or Guardian Guardian
Guardian A. The parent or guardian of any A. The parent or guardian of
child shall not authorize or any child shall not authorize or
knowingly permit any child to knowingly permit any child to
violate any of the provisions of violate any of the provisions of
this Chapter. Vielatior of t is this Chapter.
,r is „ riass W yielatf' H B. Any person who violates
B. Any person who violates any any provision of this Chapter is
provision of this Chapter is subject to Section 1.08.020 of
subject to Section 1.08.020 of the Ashland Municipal Code.
the Ashland Municipal Code. Any violation of this section is
Any violation of this section is a a Class III violation.
Class III violation.
11.52 Bicycles 11.52.060 SECTION 11.52.060 SECTION 11.52.060
Failure to Report Accidents Failure to Report Accidents
Ordinance - Exhibit A Page 36 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
Failure to A. The operator of any bicycle A. The operator of any bicycle
Report involved in an accident resulting involved in an accident
Accidents in injury, death, or damage to resulting in injury, death, or
personal property shall within damage to personal property
seventy-two (72) hours file a shall within seventy-two (72)
written report of such accident hours file a written report of
with the Police Department. such accident with the Police
Fai!UFO t" r-OP014 a6Ci e tnDepartment.
Class 11 vielatie B. Any person who violates
1. Any person who violates any any provision of this Chapter is
provision of this Chapter is subject to Section 1.08.020 of
subject to Section 1.08.020 of the Ashland Municipal Code.
the Ashland Municipal Code. Any violation of this section is
Any violation of this section is a a Class II violation.
Class II violation.
11.52 Bicycles 11.52.070 SECTION 11.52.070 SECTION 11.52.070
Bicycle License Bicycle License Required Bicycle License Required
Required A. No persons shall operate a A. No persons shall operate a
bicycle upon the streets, lanes or bicycle upon the streets, lanes
routes of the City unless such or routes of the City unless
bicycle has been licensed as such bicycle has been licensed
provided for in this Chapter. as provided for in this Chapter.
B. A non-resident who has B. A non-resident who has
complied with the bicycle complied with the bicycle
registration provisions of the city registration provisions of the
or county in which they are a city or county in which they
resident may operate a bicycle are a resident may operate a
without having first acquired an bicycle without having first
Ashland bicycle license. Bieyele acquired an Ashland bicycle
license fequit:e is a Glass TAI license.
vier C. Any person who violates
C. Any person who violates any any provision of this Chapter is
provision of this Chapter is subject to Section 1.08.020 of
subject to Section 1.08.020 of the Ashland Municipal Code.
the Ashland Municipal Code. Any violation of this section is
Any violation of this section is a a Class IV Violation.
Class II Violation. D. In addition to any other
D. In addition to any other penalty, the court may order
penalty, the court may order impoundment of a bicycle used
impoundment of a bicycle used in in an offense until such time as
an offense until such time as may may appear just and
appear just and reasonable. reasonable.
13.02 Public 13.02.040 SECTION 13.02.040 SECTION 13.02.040
Rights of Way Right-of-Way Encroachment
Ordinance - Exhibit A Page 37 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
Permissions Per-missions Right-of- A. Prohibition. Except as
Required Way Encroachment provided in AMC 13.02.040.C,
A. Prohibition. Except as no person or entity may
provided in AMC 13.02.040.C, occupy or encroach on a public
no person or entity may occupy right-of-way without the
or encroach on a public right-of- permission of the city. The city
way without the permission of grants permission to use public
the city. The city grants rights-of-way, by franchises,
permission to use public rights- licenses, concessions and
of-way, by franchises, licenses, permits.
concessions and permits. B. Standard forms. Franchises,
B. Standard forms. Franchises, licenses, concessions and
licenses, concessions and permits permits for use of public
for use of public rights-of-way, rights-of-way, shall comply
shall comply with all applicable with all applicable
requirements for occupancy or requirements for occupancy or
encroachment of such areas as set encroachment of such areas as
forth in Chapter 13.03 and other set forth in Chapter 13.03 and
applicable provisions of the other applicable provisions of
Ashland Municipal Code. the Ashland Municipal Code.
Franchises, licenses concessions Franchises, licenses
and permits shall be submitted on concessions and permits shall
a City standard form franchise, be submitted on a City
license, concession, or permit standard form franchise,
template, together with required license, concession, or permit
fees, if any. Such standard form template, together with
templates and fees may be required fees, if any. Such
adopted and amended by the City standard form templates and
Council by Resolution. fees may be adopted and
C. City Functional Items. The amended by the City Council
City of Ashland is not required to by Resolution.
obtain permits or other City C. City Functional Items. The
authorizations to place City City of Ashland is not required
utilities, facilities or other to obtain permits or other City
structures, in the right-of -way, authorizations to place City
including "functional items" utilities, facilities or other
intended for public usage. City structures, in the right-of -way,
functional items include, but are including "functional items"
not limited to, a City standard intended for public usage. City
bench, water fountain, planter functional items include, but
box, garbage receptacle, ash can, are not limited to, a City
bike rack, bollard, publication standard bench, water fountain,
box, or other functional items planter box, garbage
identified by Resolution of the receptacle, ash can, bike rack,
City Council. The City Council bollard, publication box, or
Ordinance - Exhibit A Page 38 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
Resolution shall identify other functional items
functional items and establish identified by Resolution of the
minimum standards for such City Council. The City Council
items. Resolution shall identify
D. Donated or Loaned Functional functional items and establish
Items. An abutting property minimum standards for such
owner together with the occupant items.
may donate or loan to the City of D. Donated or Loaned
Ashland a City standard Functional Items. An abutting
functional item for use in an property owner together with
adjacent sidewalk permit area. the occupant may donate or
Other persons or entities may loan to the City of Ashland a
also donate or loan functional City standard functional item
items, for use in non-adjacent for use in an adjacent sidewalk
public areas. Items accepted on permit area. Other persons or
loan require insurance and a entities may also donate or
maintenance / hold harmless / loan functional items, for use
indemnity agreement in the in non-adjacent public areas.
standard approved form. Donated Items accepted on loan require
items do not require insurance or insurance and a maintenance /
a maintenance agreement but the hold harmless / indemnity
donations must be accepted by agreement in the standard
the City to be eligible for approved form. Donated items
placement. The City do not require insurance or a
Administrator is delegated maintenance agreement but the
authority to accept or reject donations must be accepted by
donations and loans for purposes the City to be eligible for
of this Chapter, in the placement. The City
Administrator's sole discretion. Administrator is delegated
After demonstrated compliance authority to accept or reject
with this section, the City Public donations and loans for
Works Director may authorize in purposes of this Chapter, in the
writing the placement of a Administrator's sole
donated or loaned city standard discretion. After demonstrated
functional item, in locations compliance with this section,
meeting, at a minimum, the six the City Public Works Director
foot or eight foot clearance may authorize in writing the
requirement of AMC 10.64.0 10 placement of a donated or
or in approved locations shown loaned city standard functional
on an adopted Downtown item, in locations meeting, at a
Sidewalk Usage Map. Items not minimum, the six foot or eight
strictly complying with minimum foot clearance requirement of
standards for such City functional AMC 10.64.010 or in
items, (e.g. - a decorative art approved locations shown on
bench) may be permitted through an adopted Downtown
Ordinance - Exhibit A Page 39 of 52
L IL III. IV.
Code Provision Code Section Original with Changes Final Version
the public art process in AMC Sidewalk Usage Map. Items
Chapter 2.17. not strictly complying with
aPenalty. Knewingl y ee--11. ing minimum standards for such
„r eneF aching upon a pub City functional items, (e.g. - a
right of tvay withet t the decorative art bench) may be
Pessie of the Gity hall be permitted through the public
nsider-e a Glass -C art process in AMC Chapter
miS t to 2.17.
1T1TJC[~~iL` .2I17f Vt~ 1~°e
tie-li m i t at e n s vrz~z1"v-rG !.OS-.
Viel do of any eede
agfeeffient, permit,
7
nV of Y1f,-J[y 10118 Cher-ee
including any 7 7
r°~i.r°m art er effllditieH Shall be
7
ceps Jere Class A "iel t
IA(may
/1f__
punishable as prev1ded in 1 11Y1~
~
1 .Vn~ Z V .
13.02 Public 13.02.080 SECTION 13.02.080.13.02.200 SECTION 13.02.200
Rights of Way Appeals Appeals Appeals
The Uniform Administrative The Uniform Administrative
Appeals Process outlined in Appeals Process outlined in
AMC 2.30 shall apply to all AMC 2.30 shall apply to all
protests of encroachment permits. protests of encroachment
Failure to strictly comply with permits. Failure to strictly
the applicable appeal comply with the applicable
requirements, including but not appeal requirements, including
limited to the required elements but not limited to the required
for the written notice of appeal, elements for the written notice
time for filing of the notice of of appeal, time for filing of the
appeal, and payment of the notice of appeal, and payment
applicable appeal fee, shall of the applicable appeal fee,
constitute jurisdictional defects shall constitute jurisdictional
resulting in the summary defects resulting in the
dismissal of the appeal. The summary dismissal of the
Hearing Officer's decision is appeal. The Hearing Officer's
final and not appealable by any decision is final and not
party through any land use appealable by any party
process. The Hearing Officer's through any land use process.
decision may only be appealed The Hearing Officer's decision
through a writ of review may only be appealed through
proceeding in Jackson County a writ of review proceeding in
Circuit Court. Jackson County Circuit Court.
Ordinance - Exhibit A Page 40 of 52
I. IL III. N•
Code Provision Code Section Original with Changes Final Version
13.02 Public 13.02.120 1 3.02.1 20 EfifeTeemeni 12.02.120 Eft fo..^
Rights of Way Enforcement A. installation ^r mnintenanee- e f [Repealed]
an enereae meat in viol tion e~ [See 13.02.900 below.]
AMC 13.02.010, of failure to
obtain an enefe ehmant permit as
uJ
02. 0 ,
to eemp y ,i»+h the tefms a*
J uiiu
eonditions of an eneFeae merit
Y1eNmit issued tner-e11nder is
1
7 7 7 iii is
to A N4G Chapter 1.09.
R instnll tion or rnninterinnne 9
a enefeaehmeNt in ielatie„ e
or a ener-e ehent
^ N4G 1J2.n7, iiivii~
71TO iCT
13.02.020 hereby deelafed to
ivu
may be abated pursuant to AMC
Chaptef 1.08.
13.02 Public 13.02.900 SECTION 13.02.900 SECTION 13.02.900
Rights of Way Penalties Penalties. Penalties.
Any person who violates any Any person who violates any
provision of this Chapter is provision of this Chapter is
subject to Section 1.08.020 of subject to Section 1.08.020 of
the Ashland Municipal Code. the Ashland Municipal Code.
In addition to other legal and In addition to other legal and
equitable remedies available to equitable remedies available to
the City of Ashland: the City of Ashland:
A. Unless otherwise provided A. Unless otherwise provided
herein, violation of any section herein, violation of any section
of this chapter AMC 13.02 is a of this chapter AMC 13.02 is a
Class II violation. Class II violation.
B. A knowing violation of B. A knowing violation of
13.02.040 is punishable of not 13.02.040 is punishable of not
more than 30 days iail and/or more than 30 days jail and/or
S500 fine. $500 fine.
13.03 Sidewalk 13.03.110 SECTION 13.03.110 SECTION 13.03.110
Cafe, Special Sidewalk Cafe, Sidewalk Cafe, Special Event Sidewalk Cafe, Special Event
Event and Special Event and Publication Boxes Penalties and Publication Boxes
Publication Box and Publication A. Knowingly oeeu yirn OF A. No person shall occupy or
Regulation Box Penalties °„^r„^ehin~--No person shall encroach upon a public right-
occupy or encroach upon a
Ordinance - Exhibit A Page 41 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
public right-of-way without the of-way without the permission
permission of the City. shall of the City.
eensidefed a Cla` s G B. Penalties. Any person who
mT1Tisdei"1-"Iea~Vffense, subject to violates any provision of this
+'~lim=t-atiensef ^ N4C 1.0c. Chapter is subject to Section
B Any yiela+io of the 1.08.020 of the Ashland
L%,4"irements of4-T Municipal Code.
t S sed ire^ abO A, shall be a cc 1. Unless otherwise provided
C,a` s 1 'ie atie as defined -by herein, violation of any section
AN4G 09 and punishable- as se of this chapter AMC 11.03 is a
f-^rth in that sea+ie Class I violation.
The City n dmir+i.-+rater of 2. A knowing violation of or
designee is authofize to issue ss11e a failure to comply with
u
eitati„„ to any pffsen vie atii g 13.03.050 is punishable of not
the pr-eyisions of this e a„tor more than 30 days jail and/or
iss ianee of a eitation shall trigger $500 fine.
r-e V Vea „ of the permit -E)
agr-eeme t 11ndef Ceetio
v C1V11
13.03.100 and in the even4
convietiO 7 r~ permit shall ~p
eY1tity
issued- the name per-sen, entity
o Ness, for- a pet:iei'l of at learn
B. Penalties. Any person who
violates any provision of this
Chapter is subject to Section
1.08.020 of the Ashland
Municipal Code.
1. Unless otherwise provided
herein, violation of any section
of this chapter AMC 11.03 is a
Class I violation.
2. A knowing violation of or
failure to comply with
13.03.050 is punishable of not
more than 30 days fail and/or
$500 fine.
13.04 13.04.090 SECTION 13.04.090 SECTION 13.04.090
Construction, Penalties Penalties Penalties
Repair and A. unowingl y altering a Any person who violates any
Alteration of si&e A,al-k, (inelu i„n Con provision of this Chapter is
Sidewalks r-eeenstfuE ' ..epair er o+subject to Section 1.08.020 of
alteration) without a permit the Ashland Municipal Code.
issued by the Gity • an`C~T'llCCCl1TCG In addition to other legal and
Ordinance - Exhibit A Page 42 of 52
L II. III. IV.
Code Provision Code Section Original with Changes Final Version
with this Chapter- shall be equitable remedies available to
eansider-e a Class G the City of Ashland, including
fflisdeme~tief offense, subjeet to revocation of permits:
the limitations of n N4G 1. A. Unless otherwise provided
^ ny vielatio of the herein, violation of any section
1o%I -fne +ts of this ehapter- not of this chapter AMC 11.03 is a
ads d in ^ ahE)V- ineluding Class I violation.
viela4ion of the terms and B. A knowing violation of or
en itions of a peffn;t of failt fe failure to comply with
to maintansia , shall be 13.04.040 is punishable of not
GlaSS 1 ViOl t;„R defined-by more than 30 days jail and/or
AMC 1.09 and ptinishable as se $500 fine.
fefth in that see ~rAny person
who violates any provision of
this Chapter is subject to
Section 1.08.020 of the Ashland
Municipal Code. In addition to
other legal and equitable
remedies available to the City
of Ashland, includinp_
revocation of permits:
A. Unless otherwise provided
herein, violation of any section
of this chapter AMC 11.03 is a
Class I violation.
B. A knowing violation of or
failure to comply with
13.04.040 is punishable of not
more than 30 days jail and/or
$500 fine.
13.12 Street 13.12.130 SECTION 13.12.130 SECTION 13.12.130
Excavations Penalties Penalties Penalties
A Kne:wifigl i exeavatingF Any person who violates any
e-ttting, bfeakT digging tip, provision of this Chapter is
Elafflaging to any fflantler-, subject to Section 1.08.020 of
flelu ing undo .mirror or- the Ashland Municipal Code.
tunneling and r a publie street or In addition to other legal and
equitable remedies available to
the Git~, in with this the City of Ashland, including
Chapter shall be eenside feuu a revocation of permits:
i~
Class G misdemeaner- offense A. Unless otherwise provided
sjeEt-to the 'i ita ' ns of A C herein, violation of any section
i.08. of this chapter AMC 13.12 is a
Class I violation.
Ordinance - Exhibit A Page 43 of 52
L II. Ill. IV.
Code Provision Code Section Original with Changes Final Version
B Any yiel do of the B. A knowing violation of or
the
roninr~m ontcof this ehaptor, fie failure to comply with
7Zq Q-[ j -1,1 1 ~.1 IJ V 1
addfessed ^ nbove inn,iiding 13.12.010 is punishable of not
viol tier of the terms and more than 30 days jail and/or
eenditiens of it ;nee iding $500 fine.
fail Rre e res efe the erVP17 4i-SCCe-7
shall be n Class T viol tie as
a&Piqed by A N4G 1.09 and
punishable as set Perth in that
T.11 -lIl 1.11C1L
Mien. Any person who
violates any provision of this
Chapter is subject to Section
1.08.020 of the Ashland
Municipal Code. In addition to
other legal and equitable
remedies available to the City
of Ashland, including
revocation of permits:
A. Unless otherwise provided
herein, violation of any section
of this chapter AMC 13.12 is a
Class I violation.
B. A knowing violation of or
failure to comply with
13.12.010 is punishable of not
more than 30 days jail and/or
$500 fine.
14.04 Water 14.04.060 SECTION 14.04.060 SECTION i n n4 ooh
System - Rates Water Water Connections Outside
and Regulations Connections City the Limits
Outside City
the Limits F. A viol tion of any pr-ovision_o£
this ehaptef shall be punishable
as n Cass 1 `viol tion as coot ~aftl
in AMC 1.09.
14.04 Water 14.04.090 SECTION 14.04.090 SECTION 14.04.090
System - Rates Penalties Penalties Penalties
and Regulations E. ^ viol do of any pfevi ion e In addition to any other
this ehaptor shall be punishable remedies set forth in Ashland
as Glass 1 Viel tier as set fet4h Municipal Code, any person
in A N4G 1.08. who violates any provision of
In addition to any other this Chapter is subject to
remedies set forth in Ashland Section 1.08.020 of the
Ordinance - Exhibit A Page 44 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
Municipal Code, any person Ashland Municipal Code. Any
who violates any provision of violation of this section is a
this Chapter is subject to Class II violation.
Section 1.08.020 of the Ashland
Municipal Code. Any violation
of this section is .a Class II
violation.
14.05 Water 14.05.120 SECTION 14.05.120 SECTION 14.05.120
Regulation and Penalties Penalties Penalties
Cross Connection n v;,,l.,+;,,n of any PrON,;-;on 0~ Any person who violates any
this ehapter shali~ ptinishable provision of this Chapter is
as a Class 1 Violation set fat4 subject to Section 1.08.020 of
in n N4C 08 the Ashland Municipal Code.
Any person who violates any In addition to other legal and
provision of this Chapter is equitable remedies available to
subject to Section 1.08.020 of the City of Ashland, including
the Ashland Municipal Code. restriction or termination of
In addition to other legal and service:
equitable remedies available to A. Violation of any section of
the City of Ashland, including this chapter AMC 14.05 is a
restriction or termination of Class I violation.
service:
A. Violation of any section of
this chapter AMC 14.05 is a
Class I violation.
14.06 Water 14.06.080 SECTION 14.06.080 Excess SECTION 14.06.080
Curtailment Excess water water consumption surcharge! Excess water consumption
consumption flow restrictor installation surcharge; flow restrictor
surcharge For any full billing period that installation
begins after the City For any full billing period that
Administrator's determination is begins after the City
made and ratified as provided in Administrator's determination
section 14.06.0060: is made and ratified as
A. Any customer who exceeds provided in section 14.06.060:
the maximum volumes A. Any customer who exceeds
established in the Water the maximum volumes
Allocation Table for Stages 1,2 or established in the Water
3 shall pay a surcharge of four Allocation Table for Stages 1,2
times the rate for water delivered or 3 shall pay a surcharge of
in excess of the established four times the rate for water
maximum volume. delivered in excess of the
B. During Stage 4. any customer established maximum volume.
who exceeds the maximum B. During Stage 4, any
volumes established in the Water customer who exceeds the
Ordinance - Exhibit A Page 45 of 52
I. IL III. IV.
Code Provision Code Section Original with Changes Final Version
Allocation Table shall pay a maximum volumes established
surcharge of ten times the rate for in the Water Allocation Table
water delivered in excess of the shall pay a surcharge of ten
established maximum volume. times the rate for water
C. Notwithstanding the above, delivered in excess of the
at any time the City may install established maximum volume.
a flow restricting device upon a C. Notwithstanding the above,
service exceeding the maximum at any time the City may install
volume for more than one a flow restricting device upon
billing period. For services up a service exceeding the
to one and one-half inch size maximum volume for more
the City may install a flow than one billing period. For
restricting device of two gallon- services up to one and one-half
per-minute capacity, and for inch size the City may install a
larger services, comparatively flow restricting device of two
sized restricting devices for gallon-per-minute capacity,
larger services, for a period of and for larger services,
seven days. Before normal comparatively sized restricting
service will be restored, a flow devices for larger services, for
restrictor installation and a period of seven days. Before
removal charge of $100 shall be normal service will be
paid by the person who restored, a flow restrictor
subscribes for the water installation and removal charge
service. Appeals are as of $100 shall be paid by the
provided in section 14.06.060 person who subscribes for the
herein. water service. Appeals are as
provided in section 14.06.060
herein.
14.06 Water 14.06.090 SECTION 14.06.090 Penalties SECTION 14.06.090
Curtailment Penalties and and Enforcement Penalties and Enforcement
Enforcement The pena t1es fef viola ions of Any person who violates any
ve ~
this ehapt°r shall be ffitu luti v provision of this Chapter is
1Tfthat they may be in addition t^ subject to Section 1.08.020 of
not in lie of ethef Pena ti°-+ the Ashland Municipal Code.
remedies ^r sufe aFg In addition to other legal and
established by this-°hapt°r. equitable remedies available to
A n perse shall not ..;elate e vi the City of Ashland, including
pfoeur-e aid or abet in the 7 restriction or termination of
y iel/ltio of any pr-ey sie e(~ this service.
A. Violation of any section of
this chapter AMC 14.06 is a
G-mss rT Violation an is subject Class 11 violation.
L
Ordinance - Exhibit A Page 46 of 52
I. IL III. IV.
Code Provision Code Section Original with Changes Final Version
teseet.e 1 09 020 of the
Mllnieip l Code.
B. If n etiStOmor eveee S tl+e
m Im volume fer mere than
7 the City may
install a flew r-estrietin`t device at
lT 1.11L uv ♦ vv
the Ser-Vice Metef ~t ~hieh ror'l HeeS
CI~J~ I Y GZ-ITiG 1Z'GT~G P7TTZTT~i u a.+v v v
cw~ntor f4ew and pressuir.7T.Tre. Pe
inch size the GIty May install n
f4 ow IJl.l,il1 U
TI/11w festfiet1nlY device of t -
II,y, and
yely
fi r lat:g%1r 13%1 V `.S, eampar-uti v v,)
size restrietlnn !-eyiees f6f lafge
ui ~v,
13e'7 VT , io of seven
days. Before nofmal seB,iee will
n flow r-estriIntC~ Er
rTestefe , GTITv i
be ~JLUT
inst llntien and romoy l ehafge
llui by
of $100 shall be paid by tl+e
peFsen fi'l'e subseribes for tha
l 111V
i atef se,
l
SefyI~j ee FAay be +ormin
•-1-V - u to
willfully yielntes any nr-iririo n 0~
t
F- V
this chapter- Any person who
violates any provision of this
Chapter is subject to Section
1.08.020 of the Ashland
Municipal Code. In addition to
other lel4al and equitable
remedies available to the City
of Ashland, including
restriction or termination of
service:
A. Violation of any section of
this chapter AMC 14.06 is a
Class II violation.
14.08 Sewer 14.08.050 SECTION 14.08.050 SECTION 14.08.050
System - Rates Penalties pas+l penal Penalty
Any person b PEON Any person who violates any
of this ehapter- inelu inn failure provision of this Chapter is
to onneet to an available sewef subject to Section 1.08.020 of
"yOLA1'i B n„ilti' ^f a Gl„SJ I the Ashland Municipal Code.
11, Ordinance - Exhibit A Page 47 of 52
I. IL III. W.
Code Provision Code Section Original with Changes Final Version
Viet tie if eenviete and shall In addition to other legal and
be StibjOet +E) the PenaltieS Set equitable remedies available to
fet4h in Seel e 1.08.020. the City of Ashland, including
Any person who violates any restriction or termination of
provision of this Chapter is service:
subiect to Section 1.08.020 of A. Violation of any section of
the Ashland Municipal Code. this chapter AMC 14.08 is a
In addition to other legal and Class I violation.
equitable remedies available to
the City of Ashland, including
restriction or termination of
service:
A. Violation of any section of
this chapter AMC 14.08 is a
Class I violation.
14.09 Sewer 14.09.010 SECTION 14.09.010 SECTION 14.09.010
System Phosphate Ban Phosphate Ban Phosphate Ban
Regulations , . .
E. Penalty. ^ ny personviol ting E. Penalty. Any person who
any of the Pfev siens ef thi violates any provision of this
ehapter- is, F" , Chapter is subject to Section
ga lty of a Class W Viol do and 1.08.020 of the Ashland
civil uiiu
shall be- sujeEt to the penalties as Municipal Code. In addition
set bt -Son 1.08.02-0, . to other legal and equitable
Any person who violates any remedies available to the City
provision of this Chapter is of Ashland, including
subject to Section 1.08.020 of restriction or termination of
the Ashland Municipal Code. service:
In addition to other legal and A. Violation of any section of
equitable remedies available to this chapter AMC 14.09 is a
the City of Ashland, including Class II violation.
restriction or termination of
service:
A. Violation of anv section of
this chapter AMC 14.09 is a
Class II violation.
14.12 Electric 14.12.095 SECTION 14.12.095 SECTION 14.12.095 Penalties
System - Penalties Penalties Any person who violates any
Regulations Any po,„elinn provision of this Chapter is
E)f this ehaptef is g iilty „f „ (;lass subject to Section 1.08.020 of
I .,iE)Iat;E)„ ifeE)n ,iete a and shall the Ashland Municipal Code.
In addition to other legal and
Ordinance - Exhibit A Page 48 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes_ Final Version
be subjeet to the penalties as set equitable remedies available to
f0t4 in seet;o„ 1.09.020. the City of Ashland, including
Any person who violates any restriction or termination of
provision of this Chapter is service:
subject to Section 1.08.020 of A. Violation of any section of
the Ashland Municipal Code. this chapter AMC 14.12 is a
In addition to other legal and Class I violation.
equitable remedies available to
the City of Ashland, including
restriction or termination of
service:
A. Violation of any section of
this chapter AMC 14.12 is a
Class I violation.
15.06 Solid Fuel 15.06.030 SECTION 15.06.030 SECTION 15.06.030
Burning Device Enforcement Enforcement and Penalties Enforcement and Penalties
Regulations and Penalties In addition to those remedies
„nl_, agent: otherwise provided under
whether
vielating Section 1.08.020 of the
Ashland Municipal Code, any
or eatis...E
the iel tie„ of afty of the person who violates any
ns of this efdinanee has provision of this Chapter is
ILL ■ia~v
eengn ia@ a in4aetiori7 „4 subject to and is subject to
Section 15.04.260 of the
thy, Punishableas Ashland Municipal Code.
the Ashland Mtin eipa Go4e-
SuLf.h p n, firm
T~ 1
E)r eE)r„^rnti^„ iS gttiltc' of n
Jepamte violation far eaeh and
~.l
77 11 /~(•~J 1 1 and
e e day der- ng \IN1l~~'1 ai+y
violation of this JV
Title is eemmittod or ee tiwue
u
by sue er-son7 firm yr
In addition to those remedies
otherwise provided under
Section 1.08.020 of the Ashland
Municipal Code, any person
who violates any provision of
this Chapter is subject to and is
subject to Section 15.04.260 of
the Ashland Municipal Code.
Ordinance - Exhibit A Page 49 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
15.08 Moving of 15.08.100 SECTION 15.08.100 SECTION 15.08. 100
Buildings Penalty Penalty Penalty
An n refusing -a In addition to those remedies
ne 1y-aA,ith the otherwise provided under
Section 1.08.020 of the
vi„lnting any Ashland Municipal Code, any
PfE"~Tsthef°i„, i S g" i It ' 4 aR person who violates any
Class H! Vi„lntien, an shall be provision of this Chapter is
` ub eet to the penalties set fet4h subject to and is subject to
Soot-
Section 15.04.260 of the
11.09.020 ef the n sh1nY'd ~~Lnie, . Ce,ao Penalties n~n~l Ashland Municipal Code.
ruii
Ti'I
be assessed iii-zaE6oFdafie- i* ith
Seetieti
15.04.2-40.
In addition to those remedies
otherwise provided under
Section 1.08.020 of the Ashland
Municipal Code, any person
who violates any provision of
this Chapter is subject to and is
subject to Section 15.04.260 of
the Ashland Municipal Code.
15.10 Flood 15.10.100 SECTION 15.10.100 Penalties SECTION 15.10.100
Damage Penalties Any P fi, firm er ee pefatien, Penalties
Prevention :*hethe-r as pfi eipal,-age In addition to those remedies
Regulations employee of ethefwise, vialating otherwise provided under
eausing he violation of any o Section 1.08.020 of the
ui ivv
the ions of this „rdina ee Ashland Municipal Code, any
has eem mitt o d n r i t f7ZCGt ~CTl7 1Z
person who violates any
provision of this Chapter is
punishable as preseribed in co t;! „ 1 nQ mn „f the n st~inr,a subject to and is subject to
Municipal CodA c»eL, person, Section 15.04.260 of the
Muni Ashland Municipal Code.
Afffi E)r e0fPernti^fl is g ii t ' of Tn.I.
separate violation fir eae and
e=land llni~ rliirir~n whin_11 a"
yielntio of this Chapter is
. 7
n~mm4e er co tiflue by duel
per-sen, firm or eofpafatieon. in
add tie vielntio o this
Ordinance hall ee stitN{,e
p ublie nuisa n° and may be
v
regarded as sueh in all ae4ons-,
Ordinance - Exhibit A Page 50 of 52
I. IL III. rv.
Code Provision Code Section Original with Changes Final Version
suits and J
n lis nuisance may be proseeuted4n
the ee ifts of the State of Ofegen
In addition to those remedies
otherwise provided under
Section 1.08.020 of the Ashland
Municipal Code, any person
who violates any provision of
this Chapter is sub ject to and is
subject to Section 15.04.260 of
the Ashland Municipal Code.
15.16 Plumbing 15.16.340 SECTION 15.16.340 SECTION 15.16.340
Code Penalty Penalty Penalty
n r,. „°rse„ r°fi sifig e In addition to those remedies
„°"1°"tin to eemply .A,4~_±be otherwise provided under
°'nent`' of trhSection 1.08.020 of the
viol ting any Ashland Municipal Code, any
person who violates any
conyictio , punishable as provision of this Chapter is
prescribe in Seetio 1.09n20 subject to and is subject to
In addition to those remedies Section 15.04.260 of the
otherwise provided under Ashland Municipal Code.
Section 1.08.020 of the Ashland
Municipal Code, any person
who violates any provision of
this Chapter is subject to and is
subject to Section 15.04.260 of
the Ashland Municipal Code.
15.20 Electrical 15.20.090 SECTION 15.20.090 SECTION 15.20.090
Code Violation Violation Penalty Penalty
Penalty In addition to those remedies
,,;elating any of the provisions of otherwise provided under
this , hapt°r shall be „°°mSection 1.08.020 of the
guilty of-a-H Ashland Municipal Code, any
offense an eae such pefsen person who violates any
shall be deemed n,,,lt , o£ provision of this Chapter is
sepafnt° offense en each a subject to and is subject to
&V'ffly day Of Pefti-o* Section 15.04.260 of the
thereof during „,hi eh any Ashland Municipal Code.
vialatien of any of the pfevisiens
of this or-dinanee is
ee tintie et-
Ordinance - Exhibit A Page 51 of 52
I. II. III. IV.
Code Provision Code Section Original with Changes Final Version
/1 Per -SOB
/ shall be punished as pr-esefibet l 111
Sp~p,n 11
08 n7n an penalties shall be
Seetie 15.04.26-0.
In addition to those remedies
otherwise provided under
Section 1.08.020 of the Ashland
Municipal Code, any person
who violates any provision of
this Chapter is sub ject to and is
subject to Section 15.04.260 of
the Ashland Municipal Code.
16.28 General 16.28.050 SECTION 16.28.050 SECTION 16.28.050 Penalties
Provisions Penalties Penalties Any person who violates any
Any per-son fo nd ga ltt -9 provision of this Chapter is
vielaC'T dse'eyffi Y, II 111~ afif4 g, subject to Section 1.08.020 of
r 'f7'~-
n°~L77 G_et'O~ E)r refll to ~ comply the Ashland Municipal Code.
n. ri CI ~T' L" -
with afty of the N.- ..,.-..s of this In addition to other legal and
title shall be fined not less than equitable remedies available to
$500.00 far-eueh (44;e e. A the City of Ashland, including
separate andistinel offense shall restriction or termination of
be deemed eemmitted eaeh day vl
en which „ .,iola4ion oeeufs. A. Violation of any section of
Any person who violates any this chapter AMC 16.28 is a
provision of this Chapter is Class I violation.
subject to Section 1.08.020 of
the Ashland Municipal Code.
In addition to other legal and
equitable remedies available to
the City of Ashland, including
restriction or termination of
service:
A. Violation of anv section of
this chapter AMC 16.28 is a
Class I violation.
Ordinance - Exhibit A Page 52 of 52