HomeMy WebLinkAbout3025 Amending AMC Chapter 9
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES,
AMENDING AMC CHAPTER 9, HEALTH AND SANITATION AND
REMOVING UNNECESSARY REGULATIONS
Annotated to show deletiens and additions to the code sections being modified. Deletions are
bold Iined-tbreuo and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of.those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop, 20 Or. App. 293,
531 P 2d 730, 734 (1975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for City
ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class II, unless
otherwise specified; this Chapter is being amended to specify classifications where appropriate.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 9.04.030 [Weed Abatement - Penalty] is hereby amended to read as
follows:
9.04.030 Violation - Penalty
Any violation of this chapter, including creating or maintaining a nuisance, shall be punishable
as a Class I Class violation and each day the nuisance is maintained shall constitute a
separate offense.
SECTION 2. Sections 9.08.020 [Dangerous Animals] through 9.08.190 [Declaration of
Nuisance - General Nuisance] are hereby amended to read as follows:
9.08.020 Dangerous Animals
No owner or person in charge of an animal shall permit an animal which is dangerous to
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the public health or safety to be exposed in public. Dangerous anima s is a Glass
Violation
9.08.030 Animals at Large
No owner or person in charge of any dog, livestock, or poultry ef4be feNerving
animals shall permit the animal to run at large; animals at large is a Class IV violation.
A. A female dog in heat.
B A .....1...1....during the months of Aprilf May, 1...... and ul..
C. Livestoeli or- poultr-y.
9.08.040 Keeping of Animals
A. Except as otherwise permitted by ordinance, no person shall keep or maintain more
than three (3) dogs over the age of three (3) months on any one (1) parcel or tract of land.
B. No person shall keep or maintain swine. Notwithstanding the preceding sentence or
the provisions of section 18.20.020, keeping or maintaining swine commonly referred to
as Miniature Vietnamese, Chinese, or Oriental pot-bellied pigs (sus scrofa vittatus) is
allowed, subject to the following:
1. Such pigs shall not exceed a maximum height of 18 inches at the shoulder or weigh
more than 95 pounds.
2. No more than one such pig shall be kept at any one parcel or tract of land.
3. Such pigs shall:
a. Be confined by fence, leash or obedience training to the property of the person keeping
or maintaining them or to the property of another if such other person has given express
permission;
b. Be confined to a car or truck when off property where otherwise confined; or
c. Be on leash not longer than six feet in length.
4. Such pigs shall be kept in accordance with the standards of minimum care for
domestic animals as set forth in ORS 167.310. have ° s to ° nelesed str-netur-e
SlIffleieHt tO PF0*PPt th-PIN &AM A.Wind, min, snow eF sun and- whiph- has adequate
bedding to pr-oteet against eeld and dampness. Confinement Fir-paq must be kep
5. Notwithstanding any of the above, no such pig shall be allowed in any park.
C. No person shall keep or maintain poultry within seventy-five (75) feet of another
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dwelling.
D. No person shall keep or maintain rabbits within one hundred (100) feet of another
dwelling or within seventy-five (75) feet of a street or sidewalk.
E. No person shall keep or maintain a bee hive, bees, apiary, comb, or container of any
kind or character wherein bees are hived, within one hundred fifty (150) feet of another
dwelling or within one hundred fifty (150) feet of a street or sidewalk.
F. No person shall keep or maintain a stable within one hundred (100) feet of another
dwelling.
G. Where the conditions imposed by subsections (B) to (F) of this section differ from
those imposed by another ordinance, the provision which is more restrictive shall control.
H. The applicable minimum care requirements of ORS 167.310 shall apply to all
animals identified in this section.
1. Keeping of animals is a Class III violation.
9.08.050 Removal of Carcasses
No person shall permit an animal carcass under their ownership or control to remain upon
public property, or to be exposed on private property, for a period of time longer than is
reasonably necessary to remove or dispose of the carcass. Removal of carcasses is a
Class IV violation.
9.08.060 Nuisances Affecting the Public Health
No person shall cause, or permit on property under their ownership or control, a nuisance
affecting public health. The following are nuisances affecting the public health and may
be abated and/or cited as provided in this ehapte~ the AMC:
A. Privies. An open vault or privy constructed and maintained within the City, except
those constructed or maintained in connection with construction projects in accordance
with the Oregon State Board of Health regulations;
B. Debris. Accumulations of debris, rubbish, manure, and other refuse that are not
removed within a reasonable time and that affect the health of the City;
C. Stagnant Water. Stagnant water which affords a breeding place for mosquitoes and
other insect pests;
D. Water Pollution. Pollution of a body of water, well, spring, stream, or drainage ditch
by sewage, industrial wastes, or other substances placed in or near the water in a manner
that will cause harmful material to pollute the water;
E. Food. Decayed or unwholesome food which is offered for human consumption;
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F. Odor. Premises which are in such a state or condition as to cause an offensive odor or
which are in an unsanitary condition;
G. Surface Drainage. Drainage of liquid wastes from private premises;
H. Cesspools. Cesspools or septic tanks which are in an unsanitary condition or which
cause an offensive odor;
1. Slaughterhouses and Tanneries. A slaughterhouse or tannery.
J. Dust and Trackout. No person shall trackout mud, dirt, or other debris from private or
public lands onto public roads without taking reasonable precautions to prevent mud, dirt,
or debris from becoming airborne or washing off the site. These precautions shall include
prompt removal of such material from the paved road surfaces and such other precautions
including, but not necessarily limited to, the conditions listed below. The City may
require the imposition of building permit conditions for the prevention of trackout.
Conditions imposed may include, but are not limited to the following:
The posting of a bond sufficient to assure available funds for roadway cleanup by the
City if the contractor or permittee is negligent in cleanup of adjacent public roadways.
1. Street sweeping, vacuuming or other means of removing trackout material from public
roadways.
2. Installation of wheel washers at exits of major construction sites.
3. Use of temporary or permanent barricades to keep traffic off unpaved areas.
4. Require graveling of access roads on site.
5. Limit the use of public roadways by vehicles.
6. Issue stop work order if trackout occurs and is not promptly corrected. A violation of a
stop work order shall be considered a violation of this section. A stop 0work order issued
pursuant to this section shall be posted at the work site and delivered personally or by
certified mail to an alleged violator.
7. For access to property, paving of the entry way or driveway for its entire length or a
distance of 50 feet, whichever is shorter.
Nuisances affecting public health are considered Class I violations.
9.08.070 Abandoned Refrigerators
No person shall leave, in a place accessible to children, an abandoned or discarded
icebox, refrigerator, or similar container without first removing the door, unless the same
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has a magnetic catch or similar catch which can easily be opened from the inside.
Abandoned refrigerators is a Class I violation.
9.08.080 Attractive Nuisances
A. No owner or person in charge of property shall permit thereon:
1. Unguarded machinery, equipment, or other devices which are attractive, dangerous,
and accessible to children.
2. Lumber, logs, or piling placed or stored in a manner so as to be attractive, dangerous,
and accessible to children.
3. An open pit, quarry, cistern or other excavation which is substantially below the level
of the adjacent street without safeguards or barriers to prevent such places from being
used by children.
B. This section shall not apply to authorized construction projects with reasonable
safeguards to prevent injury or death to playing children.
C. Attractive nuisances are Class II violations.
9.08.090 Snow and Ice - Removal
A. No owner or person in charge of property, improved or unimproved, abutting on a
public sidewalk shall permit:
1. Snow to remain on the sidewalk for a period longer than the first two (2)
hours of daylight after the snow has fallen.
2. W. Ice to remain on the sidewalk for more than two (2) hours of daylight after
the ice has formed unless the ice is covered with sand, ashes, or other suitable
material to assure safe travel.
B. Snow and ice removal is a Class IV violation.
8.100 Noxious Growth
No owner or p in charge of property shall permit we er noxious vegetation
to grow upon such pro t shall be the d n owner or person in charge of the
property to cut down or to destro shrubbery, brush, bushes, weeds, or other
noxious vegetation as as needed to prev m from becoming unsightly, from
becoming a azard, or, in the case of weeds or other s vegetation, from
V` ma g, or from going to seed. Noxious rowth is a Class III vio
9.08.110 Scattering Rubbish
No person shall deposit upon public or private property any kind of rubbish, trash, debris,
refuse, or any substance that would mar the appearance, create a stench or fire hazard,
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detract from the cleanliness or safety of the property, or would be likely to injure a
person, animal, or vehicle traveling upon a public way. Scattering rubbish is a Class II
violation.
9.08.120 Trees - Hedges
A. No owner or person in charge of property that abuts upon a street or public sidewalk
shall permit trees, bushes, or hedges on such property to interfere with street or sidewalk
traffic. In addition, it shall be the duty of such owner or person to remove, from any tree
on such property, all branches that overhang the sidewalk or street to a height of not less
than eight feet above the sidewalk and not less than twelve feet above the street. For
purpose of the preceding sentence, the duty to remove branches extends to trees on any
parking strip adjoining the street or sidewalk that abuts such property.
B. No owner or person in charge of property shall allow to stand a dead or decaying tree
that is a hazard to the public or to persons or property on or near the property.
C. No owner or person in charge of property shall place or maintain thereon, along a
street or public sidewalk, a thorn-bearing hedge or a hedge in excess of four (4) feet in
height.
D. Trees-Hedges are a Class III Violation.
9.08.130 Parking Strips
It shall be the duty of the owner or person in charge of abutting property to grade the area
between the sidewalk and the curb to the level of the sidewalk and curb and to maintain
the area as a grass plot; provided, however, that the area may be used also for ornamental
plants and shrubbery in a manner not in conflict with this chapter or any ordinances.
Parking strips is a Class III violation.
9.08.140 Fences
A. No owner or person in charge of property shall construct or maintain a barbed-wire
fence thereon, or permit barbed wire to remain as part of a fence, along a sidewalk or
public way, except such wire may be placed above the top of other fencing not less than
six (6) feet, six (6) inches high.
B. No owner or person in charge of property shall construct, maintain, or operate an
electric fence along a sidewalk or public way or along the adjoining property line of
another person.
C. Fences is a Class II violation.
9.08.150 Surface Waters - Drainage
A. No owner or person in charge of a building or structure shall suffer or permit
rainwater, ice, or'snow to fall from the building or structure on to a street or public
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sidewalk or to flow across the sidewalk.
B. The owner or person in charge of property shall install and maintain in a proper state
of repair adequate drainpipes or a drainage system so that any overflow water
accumulating on the roof or about the building is not carried across or upon the sidewalk.
C. Surface Waters - Drainage is a Class II violation.
9.08.160 Radio and Television - Interference
A. No person shall operate or use an electrical, mechanical, or other device, apparatus,
instrument, or machine that causes reasonably preventable interference with radio or
television reception by a radio or television receiver of good engineering design.
B. This section does not apply to devices licensed, approved, and operated under the rules
and regulations of the Federal Communications Commission.
C. Radio and television interference is a Class II violation.
9.08.170 Unnecessary Noise
A. No person shall make, assist in making continue, or cause to be made any loud,
disturbing, or unnecessary noise which either annoys, disturbs, injures, or endangers the
comfort, repose, health, safety, or peace of others.
B. The standard for judging loud, disturbing and unnecessary noises shall be that of an
average, reasonable person with ordinary sensibilities after taking into consideration the
character of the neighborhood in which the noise is made and the noise is heard. Such
noises which are in violation of this section include but are not limited to the following:
1. The keeping of any bird or animal, including specifically any dog, which by causing
frequent or long-continued noise disturbs the comfort and repose of any person in the
vicinity;
2. The attaching of a bell to an animal or allowing a bell to remain on an animal;
3. The use of a vehicle or engine, either stationary or moving, so out of repair, loaded, or
operated as to create any loud or unnecessary grating, grinding, rattling, or other noise;
4. The sounding of a horn or signaling device on a vehicle on a street, public place, or
private place, except as a necessary warning of danger;
5. The blowing of a steam whistle attached to a stationary boiler, except to give notice of
the time to begin or stop work, as a warning of danger, or upon request of proper City
authorities;
6. The use of a mechanical device operated by compressed air, steam, or otherwise,
unless the noise thereby created is effectively muffled;
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7. The erection, including excavation, demolition, alteration, or repair of a building in
residential districts, other than between the hours of seven (7:00) a.m. and six (6:00) p.m.
weekdays, and on weekends and Holidays between the hours of eight (8:00) a.m. and six
(6:00)p.m., except in case of urgent necessity in the interest of the public welfare and
safety and then only with a permit granted by the City Administrator for a period not to
exceed ten (10) days. The permit may be renewed for periods of five (5) days while the
emergency continues to exist. If the Council determines that the public health, safety and
welfare will not be impaired by the erection, demolition, alteration, or repair of a building
between the hours of six (6:00) p.m. and seven (7:00) a.m., and if the Council further
determines that loss or inconvenience would result to any person unless the work is
permitted within these hours, the Council may grant permission for such work to be done
within specified hours between six (6:00) p.m. and seven (7:00) a.m. upon application
therefore being made at the time the permit for the work is awarded or during the
progress of the work. (Ord. 2580, 1990)The actual owner of property may do work on
property which is actually owner occupied between the hours of six (6:00) p.m. and ten
(10:00) p.m. without obtaining a permit as herein required;
8. The use of a gong or siren upon a vehicle, other than police, fire, or other emergency
vehicle;
9. The creation of excessive noise on a street adjacent to a school, institution of learning,
church, or court of justice, while the same are in use, or on a street adjacent to a hospital,
nursing home, or other institution for the care of the sick or infirm, which unreasonably
interferes with the operation of such institution or disturbs or unduly annoys patients;
10. The discharge in the open air of exhaust of a steam engine, internal combustion
engine, motorboat, or motor vehicle except through a muffler or other device which will
effectively prevent loud or explosive noises and the emission of annoying smoke;
11. The use or operation of an automatic or electric piano, musical instrument, stereo
phonograph, gramephone, , radio, or similar device, television, computer,
loudspeaker, or any instrument for sound producing or any sound-amplifying device so
loudly as to disturb persons in the vicinity thereof or in such a manner as renders the use
thereof a nuisance. However, upon application to the City Administrator, or designee and
a report from the Chief of Police, the City Administrator or designee may grant permits
to responsible persons or organizations for the broadcast or amplification of programs of
music, news, speeches, or general entertainment as a part of a national, state or City
event, public festivals, or special events of a noncommercial nature. If the City
Administrator or designee disapproves such a permit, the matter may be appealed
pursuant to the AMC 2.30, and the decision of the Hearings Officer, who shall not
be the City Administrator, to the Gity Counei1 whose decision shall be final. The
broadcast or amplification shall not be audible for a distance of more than one thousand
(1,000) feet from the instrument, speaker, or amplifier, and in no event, shall a permit be
granted where any obstruction to free and uninterrupted traffic, both vehicular and
pedestrian, will result.
12. The making of a noise by crying, calling, or shouting or by means of a whistle, rattle,
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bell, gong, clapper, horn, hammer, drum, musical instrument, or other device for the
purpose of advertising goods, wares, or merchandise, attracting attention, or inviting
patronage of a person to a business. However, newsboys may sell newspapers and
magazines by public outcry;
13. The conducting, operating, or maintaining of a garage within one hundred (100) feet
of a private residence, apartment, rooming house, or hotel in such manner as to cause
loud or disturbing noises to be emitted there from between the hours of eleven (11:00)
p.m. and seven (7:00) a.m.)
C. Any source of noise which exceeds the following standards is considered a public
nuisance:
1. Decibel Noise Standards
Allowable Statistical Noise Levels in any One Hour
7 a.m. to 9 p.m. 9 p.m. to 7 a.m.
L50--50 DBA L50-45 DBA
L10--55 DBA L10--50 DBA
L1--60 DBA L1--55 DBA
where:
L50 = noise level exceeded 50% of the time
L10 = noise level exceeded 10% of the time
Ll = noise level exceeded I% of the time
2. Standards for measurement. Standards for measurement of noise sources shall be
described in "Sound Measurement Procedures Manual," current revision, as adopted by
the State Department of Environmental Quality.
3. Where measured. Measurement of a noise source shall be made from the closest
residential structure in a residential zone.
4. Construction activities exempted. Noise from temporary construction activities is
exempted from the noise performance standards from 7:00 a.m. to 9 p.m.
5. Variances. The Council may grant variance to the Decibel Noise Standards when it
finds that strict compliance with the ordinance would cause an unusual and unreasonable
hardship to a commercial or industrial use.
a. The Council shall notify all adjacent residential structures within 200 ft. of the
proposed variance and shall hold the public hearing on the variance prior to making any
decisions on the request for a variance.
b. The variance shall be the minimum necessary to alleviate the unreasonable hardship.
D. Unnecessary noise is a Class I violation.
9.08.175 Heat Pumps or Mechanical Devices
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No person shall cause or permit to exceed, on property under their ownership or control,
the standards set forth in Section 15.04.185 of the Municipal Code. Heat Pumps or
Mechanical Devices is a Class II violation.
9.08.180 Notices -Advertisements
A. No person shall scatter, litter, or cause to be scattered, or littered any placards,
advertisements, or other similar materials on public or private property. Notices -
advertisements is a Class III violation.
9.08.190 Declaration of Nuisance - General Nuisance
A. The acts, conditions, or objects specifically enumerated and defined in Section
9.08.020 through Section 9.08. 180 and in Section 13.16.065 are declared public
nuisances and such acts, conditions, or objects may be abated by any of the procedures
set forth in AMC 2.31 and this Chapter. Seption 9.08.300 through Seetion .
Abatement procedures in AMC 9.08 are non-exclusive remedies for identified
nuisances and general nuisances.
B. In addition to the nuisances specifically enumerated within this chapter, every other
thing, substance, or act which is determined by the Council to be injurious or detrimental
to the public health, safety, or welfare of the City is declared a nuisance and may be
abated as provided in this chapter.
C. General nuisance under 9.08.190.B. is a Class II violation.
SECTION 3. Sections 9.08.270 [Prohibiting the Sale of Coal] is hereby amended to read as
follows:
9.08.270 Prohibiting the Sale of Coal
No person, firm or corporation shall sell, trade, deliver or give away coal within the City
of Ashland. This shall apply to coal that is intended or suitable for use in stoves for
heating and does not include charcoal. Violation of this Section is subject to the penalties
set forth in section 9.08.250. Coal Sale is a Class III violation.
SECTION 4. Sections 9.12.020 [Keeping Junk - Unlawful Out of Doors] through 9.12.035
[Storage and Disposal of Junk on Calle Guanajuato] is hereby amended to read as follows:
9.12.020 Keeping Junk - Unlawful Out of Doors
It is determined and declared that the keeping of any junk out of doors on any street or
other public property, lot, or premises within the City, or in a building that is not wholly
or entirely enclosed except doors for use for ingress and egress, is a nuisance and is
unlawful. Keeping Junk - Unlawful out of doors is a Class II violation.
9.12.030 Keeping Junk - Exposed to View Unlawful
It is unlawful for any owner, lessee, or occupant to keep any junk on any lot or premises
within the City, or in a building that is not wholly or entirely enclosed except doors used
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for ingress and egress. It is unlawful for any person, their agent or employee, to keep any
junk on any street or other public property. Keeping funk - exposed to view unlawful is
a Class II violation.
9.12.035 Storage and Disposal of Junk on Calle Guanajuato
A. The regulations in this section shall apply to properties that have access to Calle
Guanajuato, that area of Lithia Park that is between Winburn Way and North Main Street,
and between the Plaza and Granite Street.
B. In addition to the regulations on junk contained in this chapter, junk shall only be
stored within a building; in an area completely enclosed from view that is closed tightly
so that flies, odors, junk, liquids, and vermin cannot escape from the junk and affect Calle
Guanajuato.
C. The Council may approve a storage device which may be used on private land that is
not entirely enclosed in a building, if, in the Council's opinion, it provides sufficient
protection from odors, waste materials, waste liquids, oils, fats, and flies.
D. The Council may set aside a common area for storage of junk and recyclable materials
for the use of businesses located on properties that have access to Calle Guanajuato. The
Council shall assess each business its pro-rata share of the costs of disposal of junk from
the common area. Every business shall be assumed to benefit from the disposal area
unless it has an area for its own use that is entirely enclosed within a building, and of
sufficient size to accommodate the junk and other waste produced by the business.
E. In assessing the pro-rata share of disposal costs to a business, the Council may use
average waste produced or expected to be produced by that type of business. The costs
shall be assessed on the normal electric utility bill, and be the responsibility of the person
to whom the electric utility account is registered.
F. It is a violation of this ordinance for a person to use the common area for disposal if
they are not being assessed for the costs of the disposal of junk from that area.
G. Storage and disposal of funk on Calle Guanajuato is a Class II violation.
SECTION 5. Section 9.12.060 [Violation - Penalty] regarding 9.12 [Nuisance Junk] is
hereby amended to read as follows:
9.12.060 Violation - Penalty
If the notice is given as provided in section 9.12.050 and the owner, lessee, or occupant
fails to comply with this chapter, or any person keeps junk on any street or other public
property, then said person is in violation of this chapter and, upon conviction, is
punishable as prescribed in Section 1.08.020. Unless otherwise specified, violation of
this chapter is a Class 11 violation.
SECTION 6. Sections 9.16.010 [Control Required] through 9.16.080 [Penalties for Violation]
are hereby amended to read as follows:
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9.16.010 Control Required
All dogs must be confined by fence, leash, or obedience training to the property of the
person owning, harboring or having the charge, care, control, custody or possession of
such dog; however, it shall be permissible for a dog to be confined by fence, leash or
obedience training to the property of another if such other person has given express
permission. Provided, however, that the City Council may, in its discretion, designate
certain areas within the City where dogs may be permitted to run free while under the
owner's or keeper's control. Control required is a Class IV violation.
9.16.020 Vicious Dogs - Control Required
Any dog that is vicious or dangerous to the safety of persons must be confined by
enclosure or a leash to property of its owner or keeper. Vicious dogs-control required is
a Class I violation.
9.16.030 Dog - Control Required When in Car or Truck
It is permissible for a dog to be confined to a car or truck, which is owned by its owner or
keeper, and such confinement may be either by physical means or by obedience training.
The duration and circumstances of the confinement shall be consistent with
minimum care for the animal under Oregon statutes protecting animals from
mistreatment or abuse.
9.16.040 Leash Required
Any dog not confined to property as set forth above in this chapter and which is on either
public or private property must be on a leash not longer than six (6) feet in length. Leash
required is a Class IV violation.
9.16.050 Unattended Dogs
Dogs not on private property as described above must always be attended by their owner
or person having the custody of such dog; and, it shall be unlawful for any person to tie
or permit to be tied or remain tied a dog or any other animal to any tree, hydrant, railing,
or other object on the public property of the City of Ashland. Unattended dogs are a
Class IV violation.
9.16.055 Removal of Dog Waste
Any person, with the exception of a sightless person, responsible for any dog, shall be in
possession of tools for the removal of, and shall remove, excrement deposited by the dog:
A. In any public area not designed to receive those wastes, including but not limited to
streets, sidewalks, parking strips, the Plaza islands, city parks and trails or roads
paralleling ditches, swales, culverts, canals and similar facilities owned or operated by
the Talent Irrigation District or the City of Ashland, or
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B. On any private property. It is an affirmative defense to a prosecution on any charge
under this subsection that the property owner or person in charge of the property
consented to such use of the property.
Removal of dog waste is a Class IV violation.
d) 9.16.060 Dogs - City Parks or Plaza Islands
Dogs, except for service animals, seeing eye dogs when in the eustody and eontr-ol of a
person legally bli , are not permitted in any of the city parks or the Plaza islands under
any condition except as provided in section 9.16.030; except that the Ashland Park
Commission may designate certain defined area within such parks where dogs may be
allowed on a leash which conforms to the above requirements; and except that a person
may walk a dog on a leash through the Plaza islands if the dog remains on the paved
portions of the Plaza islands. "Service animal" for purposes of this Chapter means an
animal that is trained to perform tasks for an individual with a disability. The tasks
may include, but are not limited to, guiding a person who is visually impaired or
blind, alerting a person who is deaf or hard of hearing, pulling a wheelchair, assisting
with mobility or balance, alerting and protecting a person who is having a seizure,
retrieving objects, or performing other special tasks. A service animal is not a pet or
companion animal. Dogs - City Parks or Plaza islands is a Class IV violation.
9.16.065 Dogs - City Cemeteries
Dogs, except for service animals, with the emeeption of seeing eye dogs are not
permitted in any of the City cemeteries under any condition. Dogs - city cemeteries is a
Class IV violation.
9.16.070 Dogs Noise
it she!! 1...unlawful f..F a n to keep within the City of Ashland any dog
whieh by long eontinued bar-king disturbs or annoys another- person within the City.
9.16.080 Penalties for- Violation
Any per-son who violates any provision of this ehapter- shfkll be punished as set for-th
in Seetion 1.08.020 of the Ashland Municipal Code.
SECTION 7. Section 9.20.030 [Polystyrene Foam Banned - Food Packaging] is hereby
amended to read as follows:
9.20.030 Polystyrene Foam Banned - Food Packaging
A. , No restaurant, retail food vendor or non-profit food
provider shall serve food, and aft°- March 31, no food packager shall package
eggs, bakery products or other food in polystyrene foam (PSF) containers, manufactured
with chlorofluorocarbons (CFCs) which do not reduce the potential for ozone depletion
by more than ninety-five percent (95%), compared to the ozone depletion potential of
Ordinance Amending AMC Chapter 9 Page 13 of 15
CFC-12 (dychlorodifluorothane). Compounds banned include: CFC-11, CPC-12, CFC-
113, CFC-114, CFC-115, Halon-1211, Halon-1301 and Halon-2402. Food vendors may
be required to furnish a written statement from the manufacturer or supplier of
polystyrene foam products used by that food vendor, indicating that the chemical
compounds used in the manufacture of the vendor's polystyrene foam products meet the
provisions of this ordinance. This section does not apply to meat, including beef, poultry,
seafood or pork, packaged in polystyrene foam containers.
B Effeetiv , 1991, no No restaurant food packager, non-profit food provider
or other person shall serve, sell, give away, deliver or provide in anyway, food in any
polystyrene foam (PSF) products, nor sell polystyrene foam (PSF) products intended for
use as disposable food containers, unless such person has developed a method for
recycling said PSF packaging used on-site. In no case, after ran.. + ,~o+ however,
shall such PSF packaging be used for carry-out service, nor shall such packaging leave
the premises of the vendor or provider.
SECTION 8. Sections 9.20.050 [Enforcement] regarding 9.20.030 [Polystyrene Foam Banned -
Food Packaging] is hereby amended to read as follows:
9.20.050 Enforcement
The Cib, Attorney, n determination that on ol..tiAn of this /-..'-imnee has
°ed..hall issue ..:tt.... Ro-tiee of the violation by eer-ti fie l mail to the .'...do
or food paeliager-whieh will speeif~, the violation and appropriate penalty.
Violations of this ordinance shall be deemed a Class II violation an infraetien, and shall
be punishable as set forth in section 1.08.020 of the Municipal Code. The vendor o
food packager shall, upon reeeipt of a notiee of violation, pay to the City the stated
penalty, or appeal the finding of a vialotinn to the Ashland Munieipal eour4 by
requesting a hearing within fifteen (15) days of reeeipt of the notiee.
SECTION 9. Sections 9.24.060 [Penalty] regarding 9.24.010 - 9.24.060. [Woodstove
Curtailment] is hereby amended to read as follows:
9.24.060 Penalty
Failure to comply with the Disclosure, Removal, Disposal and Certificate
requirements of AMC 9.24.055 is punishable as a Class I violation. In addition, the
cost of Court or Administrative proceedings to enforce the removal requirement
shall be imposed. Any person violating or causing any other the violation of any of the
provisions of this Chapter shall be punishable as a Class II violation prescribed in
Section 1.08.020 of the Ashland Municipal Code.
SECTION 10. Severability. If any section, provision, clause, sentence, or paragraph of this
Ordinance or the application thereof to any person or circumstances shall be held invalid, such
invalidity shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance
which can be given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
Ordinance Amending AMC Chapter 9 Page 14 of 15
SECTION 11. Savings. Notwithstanding this amendment, the City ordinances inexistence at
the time any criminal or civil enforcement actions or other actions as required by state law, were
commenced shall remain valid and in full force and effect for purposes of all cases filed or
commenced during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions or applications commenced and continued under the laws in effect at the time the
matters were originally filed.
SECTION 12. Codification. Provisions of this Ordinance shall be incorporated in the Ashland
Municipal Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter' or another word, and the sections of this Ordinance may be renumbered, or re-lettered,
and typographical errors and cross references may be corrected by the City Recorder, provided
however that Sections 10 thru 12, unincorporated Whereas clauses and boilerplate provisions
need not be codified.
The foregoing ordinance was first read by title only in ac ordance with Article X,
Section 2(C) of the City Charter on the '0 day of 12010,
and duly PASSED and ADOPTED this 3 day of 12010.
k4,4 A404w~
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 2010.
hn Stromberg, Mayor
Reviewed as to form:
Richard Appice o, ttomey
4
Ordinance Amending AMC Chapter 9 Page 15 of 15