INDEPENDENCE MUNICIPAL CODE
Annotated 1998 COMPILED BY Richard D. Rodeman, City Attorney Title 1 GENERAL PROVISIONS 1 Chapter 1.1 CODE ADOPTION 1 §1.1.1 Title-Citation-Reference. 1 §1.1.2 Contents. 1 §1.1.3 Ordinances passed prior to adoption of code. 1 §1.1.4 Reference to amendments. 1 §1.1.5 Title, chapter and section headings. 1 §1.1.6 Reference to specific ordinances. 2 §1.1.7 Effect of code on past actions and obligations. 2 §1.1.8 Effective date. 2 §1.1.9 Constitutionality. 2 Chapter 1.2 GENERAL PROVISIONS 2 §1.2.1 Definitions. 2 §1.2.2 Title of office. 4 §1.2.3 Interpretation of language. 4 §1.2.4 Grammatical interpretation. 4 §1.2.5 Acts by agents. 4 §1.2.6 Prohibited acts include causing and permitting. 4 §1.2.7 Computation of time. 4 §1.2.8 Construction. 4 §1.2.9 Repeal shall not revive any ordinances. 5 §1.2.10 Publication requirements. 5 §1.2.11 Adoption of parliamentary procedure. 5 §1.2.12 Quorum. 5 §1.2.13 Resolutions. 5 §1.2.14 Ordinance introduction and reading. 5 §1.2.15 Ordinance second reading. 5 §1.2.16 Ordinance amendment. 6 §1.2.17 Ordinance numbering. 6 §1.2.18 Adopting city seal. 6 Chapter 1.3 GENERAL ENFORCEMENT MATTERS 6 §1.3.1 General penalty. 6 §1.3.2 Right to jury trial. 6 §1.3.3 Demand for jury trial. 7 §1.3.4 Contempt for failure to appear for jury service - Penalty. 7 §1.3.5 Right to counsel. 7 §1.3.6 Appointment of counsel. 7 §1.3.7 Payment of counsel. 7 Chapter 1.4 Administrative Search Warrants 8 §1.4.1 Authorizing Municipal Judge. 8 §1.4.2 Grounds for issuance. 8 §1.4.3 Procedure for issuing search warrant. 8 §1.4.4 Execution of search warrant. 8 Title 2 ADMINISTRATION AND PERSONNEL 9 Chapter 2.1 CITY COUNCIL 9 §2.1.1 City council-Meetings. 9 §2.1.2 Special meetings. 9 §2.1.3 Method of Nomination. 9 §2.2.1 Delegation powers. 9 §2.3.1 Adoption of personnel system. 10 §2.3.2 Personnel Director. 10 §2.3.3 Adoption and amendment of the rules. 10 §2.3.4 Abolition of position. 10 §2.3.5 Improper political activity. 11 Chapter 2.5 BOARDS, COMMITTEES AND COMMISSIONS GENERALLY 11 §2.5.1 Purpose. 11 §2.5.2 Establishment of commissions. 11 §2.5.3 Organization. 11 §2.5.4 Residency. 12 §2.5.5 Number and place of meetings. 12 §2.5.6 Term of office. 12 §2.5.7 Vacancy and appointment. 12 §2.5.8 Quorum, votes and abstentions. 12 §2.5.9 Reporting requirements. 12 §2.5.10 Removal of members. 12 Chapter 2.7 CONTRACT REVIEW BOARD 13 §2.7.1 Established. 13 §2.7.2 Designation. 13 §2.7.3 Powers of purchasing agent. 13 §2.7.4 Competitive bids - exemptions. 14 §2.7.5 Prohibition of interest. 14 §2.7.6 Gifts and rebates 14 §2.7.7 Unauthorized purchases. 14 §2.7.8 Additional authority of the board. 14 Chapter 2.8 Reserved for Expansion 14 Chapter 2.10 LIBRARY AND LIBRARY BOARD 15 §2.10.1 Library board-Established. 15 Chapter 2.11 PARKS AND RECREATION BOARD 16 §2.11.1 Established. 16 Chapter 2.12 CULTURAL AWARENESS COMMISSION 16 §2.12.1 Established. 16 Chapter 2.13 INDEPENDENCE CITIZENS TRAFFIC COMMISSION 17 §2.13.1 Established. 17 Chapter 2.14 MUSEUM COMMISSION 17 §2.14.1 Established. 17 Chapter 2.15 PLANNING COMMISSION 17 §2.15.1 Established. 17 Chapter 2.16 HISTORIC PRESERVATION COMMISSION* 18 §2.16.1 Established. 18 Chapter 2.18 HOUSING ADVISORY AND APPEALS BOARD 18 §2.18.1 Housing Advisory and Appeals Board Created. 18 §2.18.2 Residency Requirements. 19 §2.18.3 Meeting Requirements.* 19 §2.18.4 Jurisdiction of the Board. 19 §2.18.5 Appeals. 19 §2.18.6 Appointment of a Hearings Officer. 19 Chapter 2.21 ABANDONED, UNCLAIMED, SURPLUS PROPERTY 19 §2.21.1 Chapter applicability. 19 §2.21.2 Definitions. 20 §2.21.3 Surrender of found property to city. 20 §2.21.4 Records and reports. 20 §2.21.5 Surplus property. 21 §2.21.6 Unclaimed property. 21 §2.21.7 Property to be held at expense of owner. 22 §2.21.8 Towing of vehicles. 22 §2.21.9 Appraisal of unclaimed vehicles. 23 §2.21.10 Notice to owner. 23 §2.21.11 Owner reclaiming vehicle. 23 §2.21.12 Delegation of authority. 23 Title 3 REVENUE AND FINANCE 23 Title 4 (Reserved) 24 Title 5 BUSINESS LICENSES AND REGULATIONS 24 Chapter 5.7 ALCOHOLIC LIQUOR SALES 24 §5.7.1 Open containers of alcoholic liquors in public places prohibited. 24 §5.7.2 Open container of alcoholic liquors in public park prohibited. 24 Chapter 5.11 AUCTIONS AND AUCTIONEERS 25 §5.11.1 Definitions. 25 §5.11.2 Auction license required. 25 §5.11.3 Classifications. 25 §5.11.4 License-Application. 26 §5.11.5 License-Fees. 26 §5.11.6 Revocation of license. 27 §5.11.7 Violation-Penalty. 27 Chapter 5.15 ENTERTAINMENT BUSINESSES AND AMUSEMENT DEVICES 27 §5.15.1 Amusement business licenses required. 27 §5.15.2 Definitions. 27 §5.15.3 License fees. 28 §5.15.4 License fees-Exceptions. 28 §5.15.5 License duration-False statements in application. 28 §5.15.6 Public dances. 28 §5.15.7 Transfer of licenses. 29 §5.15.8 Requirements for approval of transfer. 29 §5.15.9 Revocation of license. 29 Chapter 5.19 GAMBLING AND SOCIAL GAMES 29 §5.19.1 Gambling prohibited. 29 §5.19.2 Social games-License requirement. 30 Chapter 5.23 PEDDLERS AND SOLICITORS 30 §5.23.1 Definitions. 30 §5.23.2 Peddling established as nuisance. 30 §5.23.3 Abatement of nuisance. 31 §5.23.4 Unlawful to engage unlicensed persons. 31 §5.23.5 License required-Application. 31 §5.23.6 Crew license-Application-Fees. 31 §5.23.7 Investigation of applicant. 32 §5.23.8 Investigation of applicant- Report. 32 §5.23.9 Denial of license or renewal. 32 §5.23.10 Appeal-Stay of suspension. 33 §5.23.11 Term of license. 33 §5.23.12 Use of streets by licensee. 33 §5.23.13 Evening solicitation. 34 §5.23.14 Violation-Penalty. 34 Chapter 5.27 PUBLIC DANCES 34 §5.27.1 Public dance license required. 34 §5.27.2 Definitions. 34 §5.27.3 License-Application. 34 §5.27.4 License-Fee. 34 §5.27.5 Closing time. 35 §5.27.6 Inspection. 35 §5.27.7 Temporary police officer required. 35 §5.27.8 Liquor not allowed. 35 §5.27.9 Revocation of license. 35 Chapter 5.31 SECONDHAND DEALERS AND JUNK DEALERS 35 §5.31.1 Definitions. 35 §5.31.2 Exception. 36 §5.31.3 License required. 36 §5.31.4 License application. 36 §5.31.5 License application-False statements. 36 §5.31.6 License-Fees and duration. 36 §5.31.7 Record of purchases and sales required. 36 §5.31.8 Purchase of goods from minors- Stolen property. 37 §5.31.9 Revocation of license. 37 Chapter 5.38 TAXICABS 37 §5.38.1 License required. 37 §5.38.2 License application. 37 §5.38.3 Rates established. 38 §5.38.4 Grounds for denial of application. 38 §5.38.5 Duration of license- Investigation. 38 §5.38.6 Transfer of license. 38 §5.38.7 Proper repair of vehicles. 38 §5.38.8 Insurance required. 38 §5.38.9 Operators of taxicabs-Deliveries. 39 §5.38.10 Driver's permit required. 39 §5.38.11 Permits denied when. 39 §5.38.12 Denial of driver's permit- Appeal. 40 §5.38.13 Suspension and revocation of driver's permit. 40 §5.38.14 Suspension and revocation of taxicab license-Notice. 40 Chapter 5.42 - Mobile Vending Devices on Public or Private Property 40 §5.42.1 Definitions. 40 §5.42.2 Permit required. 41 §5.42.3 Permit fee. 42 §5.42.4 Application. 42 §5.42.5 Inspection. 43 §5.42.6 Location review. 43 §5.42.7 Form and conditions of permit. 44 §5.42.8 Sanitary standards. 44 §5.42.9 Exemptions. 44 §5.42.10 Restrictions. 44 §5.42.11 Denial or revocation of permit. 46 §5.42.12 Violation. 46 §5.42.13 Mobile Vendors on private property - additional requirements and restrictions. 46 §5.42.14 Prohibited solicitation. 46 §5.42.15 Appeal. 47 Title 6 ANIMALS 47 Chapter 6.1 ANIMALS GENERALLY 47 §6.1.1 Vehicles injuring animals. 47 Chapter 6.3 Reserved for Expansion 47 Chapter 6.4 Reserved for Expansion 47 Chapter 6.6 DOGS 47 §6.6.1 Definitions. 47 §6.6.2 Dog license required. 48 §6.6.3 Dog license fees and exceptions. 49 §6.6.4 Number of dogs permitted. 49 §6.6.5 Maintenance. 49 §6.6.6 Dogs as a public nuisance when. 49 §6.6.7 Impounding and disposal. 49 §6.6.8 Redemption of impounded dogs- Cost. 50 §6.6.9 Dangerous dogs. 50 §6.6.10 Dangerous dogs-Sale prohibited. 50 §6.6.11 Biting dogs-City to be notified. 50 §6.6.12 Kennel permit-Conditions for issuance. 51 §6.6.13 Kennel permits-Requests treated as a land use action. 51 §6.6.14 Kennel permits-Standards for granting, denying or revoking. 51 §6.6.15 Commercial kennels prohibited when. 52 §6.6.16 Appeal. 52 Title 7 (Reserved) 52 Title 8 HEALTH AND SAFETY 52 Chapter 8.4 NUISANCES 53 §8.4.1 Definitions. 53 §8.4.2 Animals afflicted with a communicable disease. 53 §8.4.3 Dangerous animals. 53 §8.4.4 Livestock and poultry. 53 §8.4.5 Removal of carcasses. 53 §8.4.6 Rats. 53 §8.4.7 Designated. 54 §8.4.8 Abandoned iceboxes. 54 §8.4.9 Attractive nuisances. 54 §8.4.10 Snow and ice removal. 54 §8.4.11 Weeds, grass and noxious vegetation. 55 §8.4.12 Scattering rubbish. 56 §8.4.13 Accumulation of objects. 56 §8.4.14 Fences. 57 §8.4.15 Surface waters and drainage. 57 §8.4.16 Radio and television interference. 57 §8.4.17 Unnecessary noise. 57 §8.4.18 Loud, disturbing and unnecessary noises designated. 57 §8.4.19 Notices and advertisements. 58 §8.4.20 Nuisances subject to abatement. 59 §8.4.21 Abatement notice-Posting. 59 §8.4.22 Notice to owner. 59 §8.4.23 Notice-Contents. 59 §8.4.24 Certificate of mailing and posting. 60 §8.4.25 Sufficiency of posted notice. 60 §8.4.26 Abatement by owner. 60 §8.4.27 Abatement by the city. 60 §8.4.28 Assessment of costs. 60 §8.4.29 Objections to assessment. 61 §8.4.30 City liens. 61 §8.4.31 Lien enforcement. 61 §8.4.32 Assessment error. 61 §8.4.33 Summary abatement. 61 §8.4.34 Violation-Penalty. 61 Chapter 8.6 Reserved for Expansion 62 Chapter 8.8 OZONE-DEPLETING COMPOUNDS 62 §8.8.1 City policy. 62 §8.8.2 Use prohibited. 62 §8.8.3 CFC coolant prohibited. 62 §8.8.4 Conservation of fossil fuels and use of alternative fuels encouraged. 62 §8.8.5 Tree-planting and conservation program to be implemented. 62 Chapter 8.12 PRIVATE ALARM SYSTEMS 63 §8.12.1 Definitions. 63 §8.12.2 False alarm response-Fees. 63 §8.12.3 Customer response time. 63 Chapter 8.16 RATPROOFING 63 §8.16.1 Definitions. 64 §8.16.2 Requirement of rat-free buildings. 64 §8.16.3 Rat eradication upon notice of health officer. 64 §8.16.4 Time limitation. 65 §8.16.5 Maintenance of buildings. 65 §8.16.6 Removal of ratproofing unlawful. 65 §8.16.7 Removal of harborage required. 65 §8.16.8 Storage of food for animals. 65 §8.16.9 Accumulation of garbage and wastes unlawful. 65 §8.16.10 Accumulation of objects unlawful. 65 §8.16.11 Inspections. 66 §8.16.12 Adoption of rules, regulations and standards. 66 §8.16.13 New buildings. 66 Chapter 8.20 SOLID WASTE MANAGEMENT* 66 §8.20.1 Short title. 66 §8.20.2 Purpose, policy and scope. 66 §8.20.3 Exemptions. 68 §8.20.4 Franchise, nonexclusive. 69 §8.20.5 Practices prohibited without a franchise. 69 §8.20.6 Franchise fee. 69 §8.20.7 Franchise term. 69 §8.20.8 Franchisee responsibilities. 70 §8.20.9 Administration and enforcement-Inspection of facilities-Franchise report. 71 §8.20.10 Suspension, modification or revocation of franchise. 72 §8.20.11 Termination of customer service allowed when. 72 §8.20.12 Subcontracts. 73 §8.20.13 Rates. 73 §8.20.14 Public responsibility. 73 §8.20.15 Violation-Penalty. 74 §8.20.16 Chapter enforcement authority. 74 Title 9 PUBLIC PEACE AND WELFARE 75 Chapter 9.2 Reserved for Expansion 75 Chapter 9.3 Reserved for Expansion 75 Chapter 9.4 OFFENSES GENERALLY 75 §9.4.1 Criminal Code. 75 §9.4.2 Failure to appear. 75 Chapter 9.8 OFFENSES AGAINST PUBLIC PEACE AND DECENCY 75 §9.8.1 Urinating in public. 76 §9.8.2 Interference with Police and Police Equipment. 76 76 Chapter 9.12 OFFENSES RELATING TO PROPERTY 76 §9.12.1 Creation of hazards not allowed. 76 §9.12.2 Obstruction of building entrances not allowed. 76 §9.12.3 Obstruction of passageways not allowed. 77 §9.12.4 Lodging. 77 Chapter 9.16 OFFENSES BY OR AGAINST MINORS 77 §9.16.1 Curfew. 77 Chapter 9.20 DRUG-FREE ZONES 78 §9.20.1 Drug-free zone designated. 78 §9.20.2 Civil exclusion. 78 §9.20.3 Issuance of exclusion notices. 79 §9.20.4 Procedure. 79 §9.20.5 Appeal and variance. 79 Chapter 9.24 WEAPONS AND FIREWORKS 80 §9.24.1 Possession of firearms. 80 §9.24.2 Discharging a weapon. 80 §9.24.3 Concealed weapons. 81 §9.24.4 Fireworks. 81 Chapter 9.28 CRIMINAL PROPERTY FORFEITURES 81 §9.28.1 Prohibited conduct defined. 81 §9.28.2 Forfeiture counsel. 81 §9.28.3 Proceeds to be credited to general fund. 82 Chapter 9.30 Criminal History Record Check Policies Concerning Applicants for Employment and Appointed Volunteers 82 §9.30.1 Authority. 82 §9.30.2 Purpose. 82 §9.30.3 Procedure. 82 Title 10 VEHICLES AND TRAFFIC 83 Chapter 10.4 GENERAL PROVISIONS 83 §10.4.1 Short title. 83 §10.4.2 Motor Vehicle Code adopted. 84 §10.4.3 Definitions. 84 §10.4.4 Words and phrases. 84 Chapter 10.8 ADMINISTRATION AND ENFORCEMENT 84 §10.8.1 City council-Powers and authority. 85 §10.8.2 City council-Delegation of powers. 85 §10.8.3 City council regulations- Standards. 85 §10.8.4 Temporary control devices allowed when. 86 §10.8.5 10.08.050 Police and fire officers- Authority. 86 §10.8.6 Obedience to and alteration of control devices. 86 §10.8.7 Existence of device evidence of lawful installation. 86 §10.8.8 Vehicle impoundment. 86 Chapter 10.10 Towing Process 87 §10.10.1 Authority to Tow. 87 §10.10.2 Post tow notice 87 §10.10.3 Exemption from notice 87 §10.10.4 Request for a hearing 87 §10.10.5 Request for a hearing 88 §10.10.6 Deadline for hearing. 88 §10.10.7 Judicial waiver. 88 §10.10.8 Basis for hearing request 88 §10.10.9 Judicial hearing 88 §10.10.10 Burden of Proof 88 §10.10.11 Rulemaking authority 88 §10.10.12 Order 89 §10.10.13 Order of improper tow. 89 §10.10.14 Final decision. 89 §10.10.15 Storage charges 89 §10.10.16 Release of vehicle. 89 Chapter 10.12 TRAFFIC RULES GENERALLY 89 §10.12.1 Rules of the road. 90 §10.12.2 Crossing private property. 90 §10.12.3 Emerging from vehicle. 90 §10.12.4 Unlawful riding. 90 §10.12.5 Clinging to vehicles. 90 §10.12.6 Sleds on streets. 91 §10.12.7 Damaging sidewalks and curbs. 91 §10.12.8 Obstructing streets. 91 §10.12.9 Removing glass and debris. 91 §10.12.10 Speed limits in public parks. 91 §10.12.11 Vehicles discharging flames. 91 §10.12.12 Illegal cancellation of traffic citations. 91 §10.12.13 Vehicle weight restrictions. 91 Chapter 10.16 PEDESTRIANS 92 §10.16.1 Use of sidewalks. 92 §10.16.2 Pedestrians must use crosswalks. 92 §10.16.3 Crossing the street. 92 §10.16.4 Obedience to traffic lights and bridge and railroad signals. 92 Chapter 10.20 STOPPING, STANDING AND PARKING 92 §10.20.1 Exemption. 93 §10.20.2 Parking-Method. 93 §10.20.3 Parking-Time limits. 93 §10.20.4 Parking-Extension of time. 93 §10.20.5 Lights on parked vehicle. 93 §10.20.6 Prohibited parking and standing. 93 §10.20.7 Use of loading zone. 94 §10.20.8 Unattended vehicle. 95 §10.20.9 Unattended vehicle-Action by police officer. 95 §10.20.10 Standing or parking of buses and taxicabs. 95 §10.20.11 Restricted use of bus and taxicab stands. 95 §10.20.12 Illegally parked vehicle-Citation. 95 §10.20.13 Illegally parked vehicle- Citation-Failure to comply. 95 §10.20.14 Owner responsibility. 96 §10.20.15 Registered owner presumption. 96 Chapter 10.24 TRAFFIC REGULATIONS FOR OTHER PROPERTY OPEN TO PUBLIC TRAVEL 96 Chapter 10.28 ABANDONED VEHICLES GENERALLY 96 §10.28.1 Definitions. 96 §10.28.2 Vehicles affected. 97 §10.28.3 Vehicles for private use. 97 §10.28.4 Abandoned vehicles for commercial use. 97 §10.28.5 Nuisance - duty to remove. 97 §10.28.6 Vehicle service on public streets. 97 §10.28.7 Junked motor vehicles used in a business allowed when. 98 §10.28.8 Nuisance-Duty to remove. 98 §10.28.9 Vehicle service on public thoroughfare. 98 Chapter 10.32 ABANDONED VEHICLES ON CITY STREETS 98 §10.32.1 Definitions. 98 §10.32.2 Application of chapter. 99 §10.32.3 Notice of nuisance. 99 §10.32.4 Impoundment. 99 §10.32.5 Immediate custody and removal of vehicle constituting hazard. 100 §10.32.6 Hearing to contest validity of removal and custody. 101 §10.32.7 Determination on removal and custody. 101 §10.32.8 Inventory of unclaimed vehicles. 102 §10.32.9 Disposition of motor vehicles valued at greater than five hundred dollars. 102 §10.32.10 Disposition of motor vehicle appraised at five hundred dollars or less. 102 §10.32.11 Notice prior to removal; methods; contents. 103 §10.32.12 Notice after removal; method; contents. 104 §10.32.13 Procedure for vehicles that have no identification markings. 105 §10.32.14 Inventory. 105 Chapter 10.36 10.36 BICYCLES 105 §10.36.1 Application. 106 §10.36.2 Registration required. 106 §10.36.3 Inspection of bicycle required. 106 §10.36.4 Transfer of ownership. 106 §10.36.5 Bicycle dealers. 106 §10.36.6 Rental agencies. 106 §10.36.7 Bicycle operating rules. 106 §10.36.8 Impoundment. 107 Title 11 (Reserved) 107 Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES 107 Chapter 12.1 PUBLIC WORKS PROJECTS GENERALLY 107 §12.1.1 Specifications and Standards for Public Works Construction adopted. 107 §12.1.2 Construction bids. 107 §12.1.3 Bids-Advertisement. 108 §12.1.4 Bid requirements. 108 §12.1.5 Contracts. 108 §12.1.6 Bid refusals. 108 §12.1.7 Contract breach. 108 §12.1.8 Excess of estimates. 108 §12.1.9 Compliance with state statutes. 109 Chapter 12.2 ASSESSMENTS FOR LOCAL IMPROVEMENTS 109 §12.2.1 Initiating a local improvement. 109 §12.2.2 Methods and procedures. 109 §12.2.3 City engineer survey and report. 109 §12.2.4 Survey and report-Council action. 110 §12.2.5 Council approval-Notice. 110 §12.2.6 Contracts for public improvements. 110 §12.2.7 Order of abandonment of improvement-Determined by council. 110 §12.2.8 Assessment ordinance passed when. 111 §12.2.9 Method of assessment. 111 §12.2.10 Preassessment. 111 §12.2.11 Final report; notice of public hearing; installment applications. 112 §12.2.12 Public hearing; ordinance confirming assessments; lien recording. 113 §12.2.13 Writs of review and suits in equity. 113 §12.2.14 Notice of assessment. 114 §12.2.15 Lien docket. 114 §12.2.16 Interest rate. 115 §12.2.17 Assessment errors. 115 §12.2.18 Deficit assessment. 115 §12.2.19 Assessment credits. 115 §12.2.20 Improvement proceedings- Abandonment and rescission. 115 §12.2.21 Foreclosure. 116 §12.2.22 Assessment validity. 116 §12.2.23 Reassessment. 116 §12.2.24 Written consent-Notice not required. 116 §12.2.25 Improvements in progress. 116 §12.2.26 Land use report. 116 §12.2.27 Notice for land use decision. 117 §12.2.28 Land use hearing and findings. 117 §12.2.29 Segregation. 117 Chapter 12.5 SIDEWALK CONSTRUCTION AND REPAIR 118 §12.5.1 Definitions. 118 §12.5.2 Sidewalk specifications. 118 §12.5.3 Location. 118 §12.5.4 Width. 119 §12.5.5 Sidewalk beds. 119 §12.5.6 Construction permit required- Sidewalks. 119 §12.5.7 Curb specifications. 119 §12.5.8 Construction permit required- Curbs. 120 §12.5.9 Driveway specifications. 120 §12.5.10 Planting wells. 120 §12.5.11 Sidewalk eating areas. 120 §12.5.12 Repair and maintenance-Owner responsible. 121 §12.5.13 Duty to report defective sidewalks. 121 §12.5.14 Defective walks declared nuisance. 121 §12.5.15 Notice to owner. 122 §12.5.16 Repairs to city specifications. 122 §12.5.17 Failure of owner to repair. 122 §12.5.18 Assessment of costs of repair. 122 Chapter 12.6 CURBLINES 122 §12.6.1 Distance from property lines. 122 §12.6.2 Space between curblines and sidewalks. 124 Chapter 12.11 OFF-STREET PUBLIC PARKING FACILITIES 125 §12.11.1 Initiation of proceedings- Resolution of intent. 125 §12.11.2 Survey and written report. 125 §12.11.3 Survey and written report- Council review. 126 §12.11.4 Notice of hearing. 126 §12.11.5 Additional notice to owners. 127 §12.11.6 Publication and posting of notice deemed sufficient. 127 §12.11.7 Hearing. 127 §12.11.8 Manner of doing work. 127 §12.11.9 Purchase of property-Contract bids. 127 §12.11.10 Cost of property acquisition and improvement-Report. 128 §12.11.11 Assessments. 128 §12.11.12 Compliance with chapter provisions. 128 Chapter 12.12 PARADES AND PROCESSIONS 128 §12.12.1 Permit-Required. 128 §12.12.2 Permit-Application-Issuance. 129 §12.12.3 Permit denied-Appeal to council. 129 §12.12.4 Permit revocable. 129 §12.12.5 Funeral procession-Permit not required. 129 §12.12.6 Interference with parade not permitted. 130 Chapter 12.13 STREET TREES AND SHRUBS 130 §12.13.1 Enforcement of chapter provisions. 130 §12.13.2 Planting or removal-Permission required. 130 §12.13.3 New trees and shrubs to conform. 130 §12.13.4 Prohibited species. 130 §12.13.5 Removal-Authority. 130 §12.13.6 Trees and shrubs a nuisance when. 130 §12.13.7 Appeal of order. 131 §12.13.8 Damage prohibited. 131 Chapter 12.21 CITY PARKS 131 §12.21.1 Definitions. 131 §12.21.2 Use of parks encouraged. 132 §12.21.3 Park operating policy. 132 §12.21.4 Activities prohibited-Exceptions. 134 §12.21.5 Permits subject to ordinances and regulations. 135 §12.21.6 Permits to be exhibited. 135 §12.21.7 Exclusion from parks. 136 §12.21.8 Definitions. 136 Chapter 12.40 TELECOMMUNICATIONS 137 §12.40.1 Purpose. 137 §12.40.2 Jurisdiction and Management of the Public Rights of Way 138 §12.40.3 Regulatory Fees and Compensation Not a Tax 138 §12.40.4 Definitions 139 §12.40.5 Purpose 141 §12.40.6 Registration Required 142 §12.40.7 Registration Fee 142 §12.40.8 Exceptions to Registration 143 §12.40.9 Responsibility of Owner 143 §12.40.10 Construction Codes 143 §12.40.11 General 143 §12.40.12 Construction Permits 143 §12.40.13 Permit Applications 143 §12.40.14 Engineer's Certification 144 §12.40.15 Construction Schedule 144 §12.40.16 Traffic Control Plan 144 §12.40.17 Construction Permit Fee 144 §12.40.18 Issuance of Permit 144 §12.40.19 Notice of Construction 144 §12.40.20 Locates 145 §12.40.21 Compliance with Permit 145 §12.40.22 Display of Permit 145 §12.40.23 Noncomplying Work 145 §12.40.24 Completion of Construction 145 §12.40.25 As-Built Drawings 145 §12.40.26 Restoration of Public Rights of Way and City Property 145 §12.40.27 Landscape Restoration 146 §12.40.28 Performance and Completion Bond 146 §12.40.29 Location of Facilities 147 §12.40.30 Interference with the Public Rights of Way 148 §12.40.31 Relocation or Removal of Facilities 148 §12.40.32 Removal of Unauthorized Facilities 148 §12.40.33 Coordination of Construction Activities 149 §12.40.34 Telecommunications Franchise 149 §12.40.35 Application 149 §12.40.36 Application and Review Fee 151 §12.40.37 Determination by the City 151 §12.40.38 Rights Granted 152 §12.40.39 Term of Grant 152 §12.40.40 Franchise Territory 152 §12.40.41 Franchise Fee 152 §12.40.42 Amendment of Grant 152 §12.40.43 Renewal Applications 152 §12.40.44 Renewal Determinations 153 §12.40.45 Obligation to Cure As a Condition of Renewal 153 §12.40.46 Assignments or Transfers of System or Franchise 153 §12.40.47 Revocation or Termination of Franchise 154 §12.40.48 Notice and Duty to Cure 155 §12.40.49 Public Hearing 155 §12.40.50 Standards for Revocation or Lesser Sanctions 155 §12.40.51 Other City Costs 155 §12.40.52 Facilities 156 §12.40.53 Damage to Grantee's Facilities 156 §12.40.54 Duty to Provide Information 156 §12.40.55 Nondiscrimination 156 §12.40.56 Service to the City 156 §12.40.57 Compensation for City Property 156 §12.40.58 Cable Franchise 157 §12.40.59 Leased Capacity 157 §12.40.60 Grantee Insurance 157 §12.40.61 General Indemnification 158 §12.40.62 Performance Surety 158 §12.40.63 Governing Law 158 §12.40.64 Written Agreement 158 §12.40.66 Severability and Preemption 159 §12.40.67 Penalties 159 §12.40.68 Other Remedies 159 §12.40.69 Captions 159 §12.40.70 Compliance with Laws 159 §12.40.71 Consent 160 §12.40.72 Application to Existing Ordinance and Agreements 160 §12.40.73 Confidentiality 160 Title 13 PUBLIC SERVICES 160 Chapter 13.1 PUBLIC UTILITIES GENERALLY 160 §13.1.1 Public utility defined. 160 §13.1.2 Alteration of services-Permit required. 160 §13.1.3 Permit application-Fee. 160 §13.1.4 Indemnification agreements. 160 §13.1.5 Application approval by city council. 161 §13.1.6 Relocation of facilities. 161 §13.1.7 Annual fee. 161 Chapter 13.5 WATER SERVICE SYSTEM 161 §13.5.1 Definitions. 161 §13.5.2 Construction to conform to standards. 162 §13.5.3 Construction inspection and approval. 162 §13.5.4 Tampering with pipes unlawful. 162 §13.5.5 Valves and appurtenances- Unlawful to operate. 163 §13.5.6 Public fire protection. 163 §13.5.7 Contamination of water unlawful. 163 §13.5.8 Special contracts to sell water. 163 §13.5.9 Application for water service. 163 §13.5.10 Service lines and meters-Sizing. 164 §13.5.11 Meters to be owned by city. 164 §13.5.12 Users to be individually metered. 164 §13.5.13 Meter accuracy. 164 §13.5.14 Meter-Change in size. 165 §13.5.15 Connection of service. 165 §13.5.16 Access to premises. 165 §13.5.17 Damage to facilities-User responsible. 165 §13.5.18 Private booster pumps prohibited. 165 §13.5.19 Interruption of service- Notification. 166 §13.5.20 Plumbing to be kept in repair. 166 §13.5.21 Electrical grounding. 166 §13.5.22 Temporary service agreement. 166 §13.5.23 Abandonment of service lines and water mains. 167 §13.5.24 Temporary water pump station-Installation. 167 §13.5.25 Temporary water pump station- Payment. 167 §13.5.26 Sprinkling and irrigation restricted. 167 § 13.5.27 Fees, rates and charges-Council authority. 168 §13.5.28 Water service billing. 168 § 13.5.29 Application for service. 168 §13.5.30 Applicant and owner responsible for bills. 169 §13.5.31 Deposits. 169 § 13.5.32 Restoration of service charge. 169 § 13.5.33 Computation and collection of charges. 169 § 13.5.34 Billing-Mailing address. 170 §13.5.35 Fraud prevention devices. 170 §13.5.36 Damage to meter equipment- User responsible. 170 §13.5.37 Equal payment plan. 170 §13.5.38 Denial of service. 170 §13.5.39 Disputed bills-Hearings. 171 §13.5.40 Adjustment of bills. 171 §13.5.41 Rate schedule. 171 §13.5.42 Service connections-Charges. 172 §13.5.43 Discontinuance of service. 173 § 13.5.44 Delinquent accounts. 174 § 13.5.45 Pretermination Notice Charge. 174 § 13.5.46 Utility charge 175 §13.5.47 Extensions. 175 Chapter 13.10 SEWER SERVICE USE REGULATIONS 177 §13.10.1 Definitions. 177 §13.10.2 Chapter provisions not exclusive. 180 §13.10.3 Waste deposited on public or private property unlawful. 180 §13.10.4 Privy, septic tank and cesspool not allowed for disposal of wastewater. 180 §13.10.5 Connection required. 180 §13.10.6 Connection permit required. 180 §13.10.7 Connection fee. 180 §13.10.8 Connection standards. 181 §13.10.9 Connection to be made by city. 181 §13.10.10 Excavations for sewer installation-Barricades and lights required. 181 §13.10.11 Connection cost-Owner responsibility. 181 §13.10.12 Operation and maintenance of facilities-Owner responsibility. 181 §13.10.13 Private system allowed when. 182 §13.10.14 Private system fee. 182 §13.10.15 Connection required when sewer available. 182 §13.10.16 Separate sewers required for each building. 182 §13.10.17 Old building sewers allowed when. 182 §13.10.18 Sewer construction-Standards. 182 §13.10.19 Sewer construction-Elevation. 182 §13.10.20 Prohibited connections. 183 §13.10.21 Discharge of untreated sewage to natural outlet unlawful. 183 §13.10.22 Discharge of certain unpolluted waters to sewer not permitted. 183 §13.10.23 Discharge of water and wastes to sewer-Restrictions. 183 §13.10.24 Storm sewers. 185 §13.10.25 Superintendent authority. 185 §13.10.26 Interceptors required when- Location and maintenance. 185 §13.10.27 Pretreatment. 185 §13.10.28 Industrial cost recovery system. 186 §13.10.29 Observation and testing. 186 §13.10.30 Determination of compliance- Information required. 187 §13.10.31 Tests and measurements. 187 §13.10.32 Special agreement allowed. 187 §13.10.33 Damage to wastewater facilities prohibited. 187 §13.10.34 Entry for inspection authorized. 187 §13.10.35 Information to be confidential. 188 §13.10.36 Lien on property. 188 CHAPTER 13.11 CROSS CONNECTION REQUIREMENTS 188 §13.11.1 Definitions: 188 §13.11.2 Inspection of premises for compliance. 189 §13.11.3 Backflow-prevention device-Required when. 189 §13.11.4 Backflow-prevention device-Types required. 189 §13.11.5 Backflow-prevention device-Specifications. 190 §13.11.6 Tests and certified inspections. 191 §13.11.7 Existing protection devices-Permitted when. 191 §13.11.8 Existing protection devices-Discontinuance when. 191 §13.11.9 Conflicting regulations. 191 §13.11.10 Mobile units. 192 §13.11.11 Fire Systems. 192 Chapter 13.12 SEWER SERVICE RATES AND CHARGES 192 §13.12.1 Definitions. 192 §13.12.2 Use of city sewage disposal system outside city limits-Surcharge. 194 §13.12.3 Sewer fund created. 194 §13.12.4 Sewer user charges. 194 §13.12.5 Review and revision of rates. 195 §13.12.6 Notification. 195 §13.12.7 Handling of funds. 195 §13.12.8 Appeals. 196 §13.12.9 Entering property. 196 Chapter 13.20 UTILITY BILLING AND COLLECTION PROCEDURES 196 §13.20.1 Definitions. 196 §13.20.2 Utility service billing. 197 §13.20.3 Application for utility service. 197 §13.20.4 Customer responsible for bills. 197 §13.20.5 Deposits. 198 §13.20.6 Interest and refund of deposits. 198 §13.20.7 Discontinuance of utility service. 198 §13.20.8 Notice and termination of service for delinquent bills. 199 §13.20.9 Reinstatement of service. 199 §13.20.10 Refusal of service. 200 §13.20.11 Adjustment of water bills. 200 §13.20.12 Hearings on disputed bills. 200 §13.20.13 Nonrefundable cleaning fee. 200 §13.20.14 Utility charges considered a debt. 201 Chapter 13.24 SYSTEM DEVELOPMENT CHARGES 201 §13.24.1 Definitions. 201 §13.24.2 Purpose. 202 §13.24.3 Chapter provisions not exclusive. 202 §13.24.4 System development charge established. 203 §13.24.5 Fees and charges-Methodology. 203 §13.24.6 Compliance with state law. 204 §13.24.7 Expenditure restrictions. 204 §13.24.8 Capital improvement plan. 204 §13.24.9 System development charge- Collection. 204 §13.24.10 Exemptions. 205 §13.24.11 Credits. 205 §13.24.12 Segregation and use of revenue. 206 §13.24.13 Appeal procedure. 206 §13.24.14 Prohibited connection. 207 Title 14 (Reserved) 207 Title 15 BUILDINGS AND CONSTRUCTION 208 Chapter 15.1 GENERAL PROVISIONS 208 §15.1.1 Definitions. 208 §15.1.2 Mobilehome placement permit. 208 §15.1.3 Modular homes. 208 §15.1.4 Sidewalks required. 208 §15.1.5 Premise identification. 209 §15.1.6 Gasoline storage restricted. 209 §15.1.7 Siding of garages, hangars and outbuildings. 209 §15.1.8 Compliance with zoning and subdivision ordinances. 209 §15.1.9 State electrical inspections. 210 §15.1.10 Enforcement. 210 §15.1.11 Amendments. 210 §15.1.12 Fees. 210 §15.1.13 Application of title. 210 Chapter 15.2 CONSTRUCTION CODES ADOPTED 210 §15.2.1 Building code adopted. 210 §15.2.2 Structural Specialty Code and Fire and Life Safety Code adopted. 211 §15.2.3 Plumbing code adopted. 211 §15.2.4 Mechanical Specialty Code and Mechanical Fire and Life Specialty Code adopted. 211 §15.2.5 Electrical code adopted. 211 §15.2.6 Sign code adopted. 212 §15.2.7 Dangerous building abatement code adopted. 212 §15.2.8 Fire code adopted. 213 §15.2.9 Housing code adopted. 213 §15.2.10 Solar Specialty Code adopted. 213 §15.2.11 Agricultural buildings. 213 §15.2.12 Excavation and grading. 213 §15.2.13 Reroofing. 213 Chapter 15.7 ZERO LOT LINE CONSTRUCTION 214 §15.7.1 Zero lot line construction defined. 214 §15.7.2 Existing zero lot line construction. 214 §15.7.3 New zero lot line construction. 214 Chapter 15.8 HISTORIC PRESERVATION 214 §15.8.1 Purpose. 214 §15.8.2 Chapter applicability. 215 §15.8.3 Definitions. 215 §15.8.4 Historic preservation commission-Powers and duties. 216 §15.8.5 Certificate of appropriateness- Application and review. 216 §15.8.6 Designation of historic resources-Application and review. 217 §15.8.7 Rerating or removal of historic resource designation. 218 §15.8.8 Review of exterior alterations. 219 §15.8.9 New construction within a historic district-Application and review. 220 §15.8.10 Review of demolitions. 221 §15.8.11 Maintenance and repair of architectural features. 222 §15.8.12 Public projects. 222 §15.8.13 Violation-Penalty. 222 Chapter 15.9 MULTIPLE-UNIT HOUSING TAX INCENTIVE PROGRAM 222 §15.9.1 Generally. 222 §15.9.2 Property tax exemption-Eligible property. 223 §15.9.3 Preapplication conference. 223 §15.9.4 Application procedure. 224 §15.9.5 Public benefits. 225 §15.9.6 Change of use. 225 §15.9.7 Application-Review. 225 §15.9.8 Termination of exemption. 226 §15.9.9 Extensions. 226 Title 16 PLANNING AND ZONING 227 Chapter 16.1 COMPREHENSIVE PLAN* 227 §16.1.1 Comp Plan Adopted. 227 Chapter 16.2 REGULATIONS AND MAPS 227 §16.2.1 Zoning Regulations and Zoning Maps. 227 titles are formatted "very large", chapters are formatted "large", sections are formatted "bold" new text from book publishing is formatted in Redline, deleted text is formattted in strikeout ORS references should be italicsdefine paragraphs here Titles are level 1 table contents, chapters are level 2, and sections are level 3 Title 1 GENERAL PROVISIONS Chapter 1.1 CODE ADOPTION There is adopted the Independence Municipal Code” as published by the City of Independence, and as compiled and codified by the Independence City Attorney, Richard D. Rodeman. Adoption of this code supersedes and replaces all general ordinances of the City, except those pertaining to the Independence Zoning Ordinance, as amended. §1.1.1 Title-Citation-Reference. This code shall be known as the “Independence Municipal Code” and it shall be sufficient to refer to the code as the “Independence Municipal Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the code. Further reference may be had to the titles, chapters, sections and subsections of the code, and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code. §1.1.2 Contents. This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the city of Independence, Oregon. [Ord. 98-1369 §1, 1998)] §1.1.3 Ordinances passed prior to adoption of code. The last ordinance included in the original code is Ordinance No.98-1363, passed July 28, 1998. §1.1.4 Reference to amendments. Whenever a reference is made to this code as the “Independence Municipal Code” or to any portion thereof, or to any ordinance of the city, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. §1.1.5 Title, chapter and section headings. Title, chapter and section headings contained in this code shall not govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. §1.1.6 Reference to specific ordinances. The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. §1.1.7 Effect of code on past actions and obligations. Neither the adoption of this code nor the repeal or amendments hereby of any ordinance or part or portion of any ordinance of the city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee or penalty at the effective date due and unpaid under such ordinance, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. §1.1.8 Effective date. This code shall become effective on the date the ordinance adopting this code as the “Independence Municipal Code” shall become effective. §1.1.9 Constitutionality. If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. Chapter 1.2 GENERAL PROVISIONS §1.2.1 Definitions. The following words and phrases, whenever used in the ordinances of the city, shall be construed and defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases: A. “City” and “town” each mean the city of Independence, Oregon, or the area within the territorial limits of the city of Independence, Oregon, and such territory outside Independence, over which the city has jurisdiction or control by virtue of any constitutional or statutory provision. B. “Council” means the city council of the city of Independence. “All its members” or “all councilmembers” means the total number of councilmembers holding office. C. “County” means the county of Polk. D. “Law” denotes applicable federal law, the Constitution and statutes of the state of Oregon, the ordinances of the city of Independence, and, when appropriate, any and all rules and regulations which may be promulgated thereunder. E. “May” is permissive. F. “Month” means a calendar month. G. “Must” and “shall” are each mandatory. H. “Oath” includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.” I. “Owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land. J. “Person” includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization or the manager, lessee, agent, servant, officer or employee of any of them. K. “Personal property” includes money, goods, chattels, things in action and evidences of debt. L. “Preceding” and “following” means next before and next after, respectively. M. “Property” includes real and personal property. N. “Real property” includes lands, tenements and hereditament. O. “Sidewalk” means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians. P. “State” means the state of Oregon. Q. “Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property as designated in any law of this state. R. “Tenant” and “occupant,” applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others. S. “Written” includes printed, typewritten, mimeographed, multigraphed or otherwise reproduced in permanent visible form. T. “Year” means a calendar year. [Ord. 1277 § 1, 1993] §1.2.2 Title of office. Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the City. [Ord. 1277 § 2, 1993] §1.2.3 Interpretation of language. All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. [Ord. 1277 § 3, 1993] §1.2.4 Grammatical interpretation. The following grammatical rules shall apply in the ordinances of the city, unless it is apparent from the context that a different construction is intended: A. Gender. Each gender includes the masculine, feminine and neuter genders. B. Singular and Plural. The singular number includes the plural and the plural includes the singular. C. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. [Ord. 1277 § 4, 1993] §1.2.5 Acts by agents. When an act is required by an ordinance, the same being such that it may be done as well by an agent as the principal, such requirement shall be construed to include all such acts performed by an authorized agent. [Ord. 1277 § 5, 1993] §1.2.6 Prohibited acts include causing and permitting. Whenever in the ordinances of the city, an act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. [Ord. 1277 § 6, 1993] §1.2.7 Computation of time. Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded. [Ord. 1277 § 7, 1993] §1.2.8 Construction. The provisions of the ordinances of the city, and all proceedings under them are to be construed with a view to effect their objects and to promote justice. [Ord. 1277 § 8, 1993] §1.2.9 Repeal shall not revive any ordinances. The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed hereby. [Ord. 1277 § 9, 1993] §1.2.10 Publication requirements. All notices and other matters required by the ordinances of the City of Independence to be published in the City official newspaper may be published in any newspaper printed and in general circulation in the City of Independence, Oregon, and it shall be unnecessary that such notices or other matters shall be published in a newspaper officially designated as the City official newspaper. §1.2.11 Adoption of parliamentary procedure. Sturgis Standard Code of Parliamentary Procedure is hereby adopted to govern the proceedings of Council, its committees, and advisory boards and commissions for all procedures not expressly addressed by City Charter, ordinance, or resolution. §1.2.12 Quorum. When a quorum is not present at the time set for a meeting or when a quorum has been present and a meeting has commenced but a quorum is no longer present, any member may move for a call of the house. The motion shall be put in the following form: "I move for a call of the house." That motion shall take precedence over all other business. The motion need not be seconded, but it is subject to discussion. At least three Councilors present must concur for the call of the house motion to pass. If the motion is passed, then all unexcused absent Councilors shall be escorted back to the meeting. §1.2.13 Resolutions. Resolutions may be proposed by the Mayor, any Councilor, or the City Manager for adoption by Council. Resolutions shall be submitted in writing to all Councilors. §1.2.14 Ordinance introduction and reading. A proposed ordinance is introduced by its first reading. The first reading shall be by reading by title and reference to the full text of the ordinance in the Council chambers but, upon request of three Councilors, the first reading of a proposed ordinance shall be a reading of the ordinance in its entirety. A motion for the adoption of the ordinance shall constitute a call for the reading of the ordinance. The ordinance shall not be read in full if a copy of the ordinance is provided to the Mayor and each Councilor prior to the meeting and a copy is available for the public to review in the meeting. §1.2.15 Ordinance second reading. According to the Independence Charter, each proposed ordinance shall receive two readings unless a unanimous vote of the Councilors present approves the ordinance after the first reading. If there is a dissenting vote, the second reading shall not take place until the next official Council meeting. Voting on the question of passage of the ordinance may follow immediately after the second reading. §1.2.16 Ordinance amendment. A proposed ordinance may be amended after any reading. Amendment of an ordinance does not require the repeating of any reading. §1.2.17 Ordinance numbering. The City Recorder shall number each of the ordinances passed in the order of their passage. §1.2.18 Adopting city seal. It is ordained and declared that the seal which is on file in the city clerk's office for public inspection, shall be and the same is adopted as the seal of the city and that the same shall be used in all things and matters whatsoever in which the seal of the city is and should be used. [Prior code § 11.110] Chapter 1.3 GENERAL ENFORCEMENT MATTERS §1.3.1 General penalty. A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of any ordinance of the city is guilty of a violation. Except in cases where a different punishment is prescribed by any ordinance of the city, any person convicted of a violation under the ordinance of the city shall be punished by a fine not to exceed one thousand dollars. B. Each such person is guilty of a separate offense for each and every day during any portion of which any violation any provision of the ordinances of the city is committed, continued or permitted by any such person, and the person is punishable accordingly. [Ord. 1278 § 1, 1993)] §1.3.2 Right to jury trial. Every person charged with an offense defined and made punishable by a jail term shall have the right to trial by jury in the Municipal Court. This Section shall not be construed to deny a right or jury trial in those matters that have been deemed as requiring a jury trial by the State or Federal courts. §1.3.3 Demand for jury trial. The right to a jury trial shall be exercised by giving notice in writing to the Municipal Judge that a trial by jury is demanded. Such notice shall be signed by the defendant or the defendant's attorney and shall be effective only if given not less than seven days before the date set for trial of the case. §1.3.4 Contempt for failure to appear for jury service - Penalty. Any person summoned to jury service as provided in this ordinance who fails to appear as directed in said summons is in contempt of court and shall be punished, upon conviction, by a fine not exceeding $25.00. §1.3.5 Right to counsel. If a defendant appears in the Municipal Court for arraignment on a misdemeanor without counsel, the defendant shall be informed by the Court that it is his or her right to have counsel before being arraigned and shall be asked if she or he desires the aid of counsel. §1.3.6 Appointment of counsel. If, upon arraignment of a person accused in the Municipal Court of a violation of an ordinance of this City, the person being arraigned appears without counsel, the Court shall appoint suitable counsel to represent the person if: 1) The accused requests aid of counsel. 2) The accused makes a verified financial statement and provides other information in writing under oath showing his or her lack of ability to obtain counsel and provides any other information required by the Court as to his or her inability to obtain counsel. 3) It appears to the Court that the accused is without means and is unable to obtain counsel. §1.3.7 Payment of counsel. 1) Counsel appointed for representation in the Independence Municipal Court shall, if the Court so orders, be paid necessary disbursements and fee for services as per rule of the Municipal Court Judge. 2) Counsel appointed for representation in the Circuit Court for the State of Oregon shall, if the Court so orders, be paid necessary disbursements and fee for services of $150.00 per case. 3) Upon completion of all services by the attorney or attorneys appointed under this ordinance, the attorney or attorneys shall submit to the Court an affidavit containing an accurate statement of all reasonable expenses of investigation and preparation paid or incurred, supported by appropriate receipts or vouchers. The Court shall thereupon enter an order directing the City Manager to pay to the attorney or attorneys the amount of those expenses and the appropriate fees provided in this ordinance as may be approved by the Court. Chapter 1.4 Administrative Search Warrants §1.4.1 Authorizing Municipal Judge. The Municipal Judge is hereby authorized to issue administrative search warrants upon application by the City Attorney, Building Official or Fire Chief, or their duly authorized representatives, acting in the course of their official duties, whenever an inspection or investigation of any place is required or authorized by any municipal ordinance or regulation. The warrant is an order authorizing the inspection or investigation at a designated location. §1.4.2 Grounds for issuance. 1) A search warrant shall be issued only upon cause, supported by affidavit, particularly describing the applicant's status in applying for the warrant hereunder, the ordinance or regulation requiring or authorizing the inspection or investigation, the location to be inspected or investigated, and the purpose for which the inspection or investigation is to be made, including the basis upon which cause exists to inspect. In addition, the affidavit shall contain either a statement that entry has been sought and refused or facts or circumstances reasonably showing that the purposes of the inspection or investigation might be frustrated if entry were sought without a warrant. 2) Cause shall be deemed to exist if reasonable legislative or administrative standards for conducting a routine, periodic or area inspection are satisfied with respect to the location or there is probable cause to believe that a condition of nonconformity with a health, public protection or safety ordinance, regulation, rule, standard or order exists with respect to the particular location, or an investigation is reasonably believed to be necessary in order to determine or verify the condition of the location. §1.4.3 Procedure for issuing search warrant. 1) Before issuing any search warrant, the Municipal Judge shall examine under oath the applicant and any other witness and shall be satisfied of the existence of grounds for granting such application. 2) If the Municipal Judge is satisfied that cause for the inspection or investigation exists and that the other requirements for granting the warrant are satisfied, she or he may issue the warrant, particularly describing the same and title of the person or persons authorized to execute the warrant, the place to be entered and the purpose of the inspection or investigation. The warrant shall contain a direction that it be executed on any day of the week between the hours of 8:00 a.m. and 6:00 p.m., or where the Municipal Judge has specially determined upon a showing that it cannot be effectively executed between those hours, that it be executed at any additional or other time of the day or night. §1.4.4 Execution of search warrant. 1) Except as provided in subsection 2) of this Section, in executing a search warrant, the person authorized to execute the warrant shall, before entry, make a reasonable effort to present credentials, authority and purpose to an occupant or person in possession of the location designated in the warrant and show her or him the warrant or a copy thereof upon request. 2) In executing a search warrant, the person authorized to execute the warrant need not inform anyone of his or her authority and purpose, as prescribed in subsection 1) of this Section, but may promptly enter the designated location if it is at the time unoccupied or not in the possession of any person or at the time reasonably believed to be in such condition. 3) A peace officer may be requested to assist in the execution of the warrant. 4) A warrant must be executed and returned to the Municipal Judge by whom it was issued within 10 days from its date, unless such Municipal Judge before the expiration of such time, by endorsement thereon, extends the time for five days. After the expiration of the time prescribed by this subsection, the warrant unless executed is void. Title 2 ADMINISTRATION AND PERSONNEL Chapter 2.1 CITY COUNCIL §2.1.1 City council-Meetings. The time of all regular meetings of the city council of the city is fixed as the second and fourth Tuesday in each month at seven thirty p.m. and seven thirty a.m. (7:30 a.m.) respectively. The place of all regular meetings of the city council is established as the council chamber in the Independence City Hall. [Prior code § 10.110; Ord. 1305§1 Ord. 1340 §1)] §2.1.2 Special meetings. Special meetings shall be held at the time and place designated in the call for such special meetings. [Prior code § 10.150] §2.1.3 Method of Nomination. Nomination for office shall be by A. Petition [Ord. 1294] Chapter 2.2 City Manager's Delegation §2.2.1 Delegation powers. That the City Manager of the City of Independence be and that she or he is hereby authorized to delegate to any employee of the City who is under the direct supervision and control of the City Manager any and all administrative duties imposed upon the City Manager by ordinances, resolutions, or policies of the City of Independence. This ordinance shall be liberally construed to the end that the City Manager shall not be required to personally perform the administrative duties and functions for which she or he is held responsible under the terms of the ordinances, resolutions, and policies of the City. Any acts done by any employee who is under the direct supervision and control of the City Manager and done pursuant to a delegation of authority given by the City Manager to said employee shall be deemed to be done by the City Manager of the City of Independence as required by the ordinances, resolutions, and policies thereof. This ordinance shall not be construed to make the City Manager liable for any damage or injury caused by a negligent or wilful act or omission of any such employee. Chapter 2.3 Personnel §2.3.1 Adoption of personnel system. In order to establish an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service the best and most competent persons available; to assure that appointments and promotions of employees will be based on merit and fitness; and to provide a reasonable degree of security for qualified employees, the following personnel system is hereby adopted. §2.3.2 Personnel Director. The City Manager shall be the Personnel Director. The City Manager may delegate any of the powers and duties to any other officer or employee of the City or may recommend that such powers and duties be performed under contract. §2.3.3 Adoption and amendment of the rules. The personnel rules and regulations as prepared and published by the Personnel Director, on January 1, 1999, are approved. The Personnel Director shall review and revise the personnel rules and regulations from time to time and shall report any revisions of these rules to Council. §2.3.4 Abolition of position. Whenever in the judgment of Council it becomes necessary, Council may abolish any position or employment in the competitive service. Employees transferred, demoted, or laid off because of the abolishment of positions shall not be subject to written charges, nor shall they have the right of appeal in such cases. §2.3.5 Improper political activity. The political activities of City employees shall conform to pertinent provisions of State law. Chapter 2.4 Reserved for Expansion Chapter 2.5 BOARDS, COMMITTEES AND COMMISSIONS GENERALLY §2.5.1 Purpose. The purpose of this chapter is to establish organizational requirements for all commissions, boards and committees, whether permanent or temporary in nature. For purposes of this chapter, the terms “commission,” “board” or “committee” shall all mean the same thing and may be used interchangeably. [Ord. 1248 § 1 (part), 1993: prior code § 19.005] §2.5.2 Establishment of commissions. A. All permanent boards, commissions or committees shall be created by ordinance. Temporary or ad hoc boards shall be created by resolution. The creating legislation shall specify the number of members, the powers and duties of the members, any enabling or regulatory authority required by each particular appointed body and, if temporary, the duration of the Board. [Ord. 1248 § 1 (part), 1993: prior code § 19.010] §2.5.3 Organization. A. Each commission shall consist of an odd number of members appointed by the mayor and approved by the council. There shall also be appointed to those boards so specified by ordinance a city council liaison who shall have no vote and who shall not be counted for quorum requirements. B. Each commission shall elect from the voting members a chair, vice-chair and secretary, all of whom shall serve a term of one year. Officers may be reelected for up to three successive terms. The secretary shall keep accurate written minutes of all proceedings of the commission, copies of which shall be submitted to the city council. C. Members shall receive no salary or compensation in any form for their work in connection with the activities of a board, committee or commission. [Ord. 1248 § 1 (part), 1993: prior code § 19.020] §2.5.4 Residency. All members shall be residents of Independence unless specifically permitted by ordinance. In no case shall nonresident members comprise a majority or more of appointed members. [Ord. 1248 § 1 (part), 1993: prior code § 19.025] §2.5.5 Number and place of meetings. Each board shall meet at least once a month, unless specified by ordinance. Each meeting shall be held at a regular day, time and public place. [Ord. 1248 § 1 (part), 1993: prior code § 19.030] §2.5.6 Term of office. Each member shall be appointed to a term of office for a period of three years or until their successors are appointed and qualified, and their terms shall be staggered so that the term of office of not more than a majority will expire in the same year. [Ord. 1248 § 1 (part), 1993: prior code § 19.035] §2.5.7 Vacancy and appointment. Upon the death, resignation or removal by disqualification or expiration of the term of office of any member of the commission, his or her successor shall be appointed in the manner of the original appointment by the mayor, subject to ratification by the city council, and such member shall hold his or her membership on the commission for the unexpired term to which he or she is appointed. [Ord. 1248 § 1 (part), 1993: prior code § 19.040] §2.5.8 Quorum, votes and abstentions. A. A quorum consists of a majority of the members of the board and a final decision may be made by an affirmative or negative vote of a majority of the members present. B. Abstentions. The reason for an abstention from voting must be publicly stated and recorded in the minutes. When a member abstains from voting, that vote does not count as either an affirmative or negative vote. [Ord. 1248 § 1 (part), 1993: prior code § 19.045] §2.5.9 Reporting requirements. At the request of the city council a board shall file with the council a report of that board's activities for the previous year. [Ord. 1248 § 1 (part), 1993: prior code § 19.050] §2.5.10 Removal of members. Any member of any board or commission who shall fail to attend a total of thirty-three percent of the regular meetings of the board or who shall miss three consecutive meetings in any one calendar year shall be disqualified from service on the commission and shall be replaced in the manner prescribed above. [Ord. 1248 § 1 (part), 1993: prior code § 19.055] Chapter 2.6 Reserved for Expansion Chapter 2.7 CONTRACT REVIEW BOARD §2.7.1 Established. Pursuant to ORS 279.055, the council is continued as the city contract review board. The board shall have all the powers granted it by ORS 279.055. The board shall adopt rules by resolution to carry out its powers and duties. [Ord. 1284 §1, 1993: prior code Ch. 23] §2.7.2 Designation. The City Manager is, by Charter provision, designated as the purchasing agent of the City of Independence. The City Manager may delegate any of the powers and duties to any other officers or employees of the City. §2.7.3 Powers of purchasing agent. The City purchasing agent shall have the power and duty to: 1) Purchase or contract for all supplies and contractual services needed by any using agency which derives its support wholly or in part from the City, in accordance with purchasing procedures as prescribed in this ordinance and such rules and regulations as the City Manager shall adopt for the internal management and operation of the City. 2) Establish and amend rules and regulations which are necessary and proper to fulfill the intent of this ordinance. In the event of delegated responsibility, all changes will be subject to the approval of the City Manager. 3) Prescribe and maintain such forms as may be reasonably necessary in the operation of this ordinance. 4) Have the authority to declare vendors in default in their quotations, irresponsible bidders, and to disqualify them from receiving any business from the City for a stated period of time. 5) Make without further authorization from Council all expenditures reasonably necessary for the orderly, uniform operation of the City of Independence as long as the same are within the budget allowances allotted for said operations for the fiscal year in which the expenditures are made, and also within said budget provisions, to make, without further authorization from Council, such expenditures as are reasonably necessary for goods, wares, merchandise, services, or in payment of obligations ordinarily and reasonably needed or incurred by cities in the State of Oregon of comparable size and engaging in like pursuits as the City of Independence, together with authority to make all expenditures incidentally and reasonably needed in connection therewith. 6) Sell or dispose of all personal property which has become obsolete and unusable. §2.7.4 Competitive bids - exemptions. 1) All contracts shall be based upon competitive bids except those exempted by state law, by intergovernmental purchasing, or by the Council as provided herein. 2) The contract review board may, by resolution, exempt other contracts from competitive bidding if it finds: a) The lack of bids will not result in favoritism or substantially diminished competition in awarding the contract; and b) The exemption will result in substantial cost savings. In making such findings, the board may consider the type, cost, amount of the contract, number of persons available to bid, and such other factors as the board may deem appropriate. 3) A contract may also be exempted from competitive bidding if the board determines that emergency conditions require prompt execution of the contract. A determination of such an emergency shall be entered into the record of the meeting at which the determination was made. The board shall adopt rules allowing the governing body to declare that an emergency exists. Any contract awarded under this subsection must be awarded within 60 days following declaration of the emergency, unless the board grants an extension. §2.7.5 Prohibition of interest. Any purchase or contract within the purview of this ordinance in which the agent or any officer or employee of the City has a financial interest, directly or indirectly, shall be void. §2.7.6 Gifts and rebates The agent and every officer and employee of the City are expressly prohibited from accepting, directly or indirectly, from any person, company, firm, or corporation to which any purchase order or contract is or might be awarded, any rebate, gift, money, or anything of value whatsoever, except where given for the use and benefit of the City. §2.7.7 Unauthorized purchases. Any purchase order or contract made contrary to the provisions hereof shall not be approved by the City officials, and the City shall not be bound thereby. §2.7.8 Additional authority of the board. In addition to the powers and duties established by this ordinance, the board shall have such additional powers as authorized by State law. Chapter 2.8 Reserved for Expansion Chapter 2.9 Reserved for Expansion Chapter 2.10 LIBRARY AND LIBRARY BOARD §2.10.1 Library board-Established. A. The Independence public library continues to be established pursuant to ORS 357.400 through 357.621. The library board shall consist of seven members and a nonvoting council liaison who shall be residents of the city or residents of the county area surrounding the city who have Independence as their post office address. The city librarian shall serve as secretary to the board and keep the record of its actions. The board may establish and alter rules relating to its government and procedure, subject to the approval of the council. Each member shall be appointed to a term of office for a period of four years or until their successors are appointed and qualified, and their terms shall be staggered so that their term of office of not more than a majority will expire in the same year. [Ord. 1339)] B. Duties. The library board shall: 1. Keep informed about current trends in library administration; 2. Study library growth and needs in Independence and its vicinity; 3. Develop and recommend to the council long-range plans for library services and facilities consistent with city priorities and with state, regional and national goals pertinent to libraries; 4. Recommend sites for library facilities to the council; 5. Participate in the planning for library facilities; 6. Recommend to the council types of library services for the city and its vicinity; 7. Investigate sources of funding for library services and facilities; 8. Recommend to the council policies for the acceptance and use of gifts for library purposes; 9. Participate in the annual budget process of the city as that process pertains to the library; 10. Recommend to the council policies conducive to efficient and effective operation of the library; 11. Review and recommend to the council terms for contracts and working relations with other public agencies regarding library service; 12. Submit reports as requested by the council. C. Internal Administrative Policies and Procedures. The City Manager shall be the fiscal and internal administrative agent for the library which shall operate in conformance with city administrative procedures including the following: 1. Personnel, including recruitment, selection, classification and pay for department staff; 2. Personnel matters including discipline and grievances; 3. Receipts, disbursements and accounting for moneys; 4. Maintenance of general books, cost accounting records and other financial documents; 5. Purchasing; 6. Budget administration; 7. Operation and maintenance of equipment and buildings. [Ord. 1284 § 2, 1993: Ord. 1113 §§ 1-10, 1983: prior code Ch. 25] Chapter 2.11 PARKS AND RECREATION BOARD §2.11.1 Established. A. A city parks and recreation board is continued. B. The board shall consist of seven members and a non-voting city council liaison. C. Duties. The board shall make regular inspections of the park facilities of the city and shall make recommendations to the council with respect to the development, improvement, extension and promotion of all park facilities. [Ord. 1284 § 3, 1993: Ord. 1145 § 1, 1986; prior code Ch. 26] Chapter 2.12 CULTURAL AWARENESS COMMISSION §2.12.1 Established. A. The Independence cultural awareness commission is continued. B. The commission shall consist of nine members and a nonvoting city council liaison. Three members may reside outside the city, although priority for appointment of new members shall be given to those qualified applicants living within the city. The membership of the commission shall be reflective of the ethnic, racial and cultural diversity of the community. Members of the commission shall be persons who have actively demonstrated an interest in promoting the goals of cultural awareness. C. Duties. The duties of the commission are to foster a community spirit which promotes human dignity, harmony and understanding within and among the various ethnic groups which make up the citizenry of the greater Independence community. The commission shall serve in an advisory capacity to the mayor and city council on matters relating to cultural interface with the community. The commission shall also be responsible for ongoing programs and activities to promote the enhancement of cultural awareness and cross-cultural communication for the community. [Ord. 1284 § 4, 1993] Chapter 2.13 INDEPENDENCE CITIZENS TRAFFIC COMMISSION §2.13.1 Established. A. Independence citizens traffic commission is continued and renamed to the Independence traffic commission. B. The commission shall consist of five members. Two members shall be residents of the city, and one each shall be from the Independence police department, the public works department and the planning department. The commission shall meet as the need arises but not less than twice a year. C. Duties. It is the duty of the commission to research, develop and recommend implementation of coordinated traffic safety programs to meet local needs, to act in an advisory capacity to the city council and the City Manager in the coordination of traffic safety activities in the city and to foster public knowledge in support of traffic law enforcement and traffic engineering problems. [Ord. 1284 § 5, 1993: Ord. 1149 § 2, 1986: prior code Ch. 22] Chapter 2.14 MUSEUM COMMISSION §2.14.1 Established. Pursuant to ORS 358.315 and 358.320 a museum commission is continued. The commission shall consist of seven members and a non-voting city council liaison. The commission shall have all the powers granted it by ORS 358.365. [Ord. 1284 § 6, 1993: prior code Ch. 24] Chapter 2.15 PLANNING COMMISSION §2.15.1 Established. A. There is continued a city planning commission for the city of Independence. B. Membership. The commission shall consist of seven members, not more than two of whom may be nonresidents of the city. C. Qualifications. No more than two voting members of the commission shall be engaged principally in the buying, selling or developing of real estate for profit as individuals, or be members of any partnership, or officers or employees of any corporation, that is engaged principally in the buying, selling or developing of real estate for profit. No more than two voting members shall be engaged in the same kind of business, trade, occupation or profession. D. Conflicts of Interest. A member of the commission shall not participate in any commission proceeding or action in which any of the following has a direct or substantial financial interest: the member or the spouse, brother, sister, child, parent, father-in-law, mother-in-law, any business in which the member is then serving or has served within the previous two years, or any business with which the member is negotiating for as has an arrangement or understanding concerning prospective partnership or employment. Any actual or potential interest shall be disclosed at the meeting of the commission where the action is being taken. E. Duties. The commission has all the powers that are now or hereafter granted to it by ordinances of the city or by laws of the state. The commission shall control the subdivision of land and land use actions and may make recommendations to the council, to public officials, and to individuals regarding land use, location of thoroughfares, public buildings, parks and other public facilities and regarding any other matter relating to the planning and development of the city and the surrounding area. The commission may make studies, hold hearings, and prepare reports and recommendations on its own initiative or at the request of the council. All recommendations and suggestions made to the council shall be in writing. [Ord. 1284 § 7, 1993: prior code Ch. 21] Chapter 2.16 HISTORIC PRESERVATION COMMISSION* §2.16.1 Established. A city historic preservation commission is continued. The commission shall consist of seven members and one nonvoting city council liaison. The duties of the commission shall be as set forth in Chapter 0 of this Code. [Ord. 1284 § 8, 1993] * Editor's Note: See Ch. 0 for additional information about historic preservation. Chapter 2.17 Reserved for Expansion Chapter 2.18 HOUSING ADVISORY AND APPEALS BOARD §2.18.1 Housing Advisory and Appeals Board Created. (a) There is hereby created a permanent Housing Advisory and Appeals Board consisting of five members who are qualified by experience and training to pass upon matters pertaining to health, livability, building safety and construction. At least three members shall be qualified by experience and training to pass upon matters pertaining to building construction. The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. (b) One member shall initially be appointed for a period of one year, two members initially appointed for a period of two years and two members initially appointed for three years. Thereafter each member shall be appointed to a term of office for a period of three years. Members may be reappointed for subsequent terms. [Ord. 1326] §2.18.2 Residency Requirements. Three of the five members must be residents of the city. [Ord. 1326] §2.18.3 Meeting Requirements.* There shall be no regular monthly meetings of the Board. The secretary of the Board shall call meetings, send notices and hold hearings pursuant to the applicable uniform code under which the action is being administered. [Ord. 1326] §2.18.4 Jurisdiction of the Board. The Housing Advisory and Appeals Board shall have jurisdiction to hold hearings and hear appeals on all matters arising under the provisions of the State of Oregon Uniform Building Code, Uniform Housing Code, Dangerous Building Abatement Code and all construction codes adopted in Chapter 15.08 of the Independence City Code. [Ord. 1326] §2.18.5 Appeals. Appeals shall be made, heard and decided in accordance with the applicable provisions of the applicable construction codes adopted in Chapter 15.08cross reference here**** of the Independence City Code. [Ord. 1326] §2.18.6 Appointment of a Hearings Officer. The city has the authority to appoint a Hearings Officer to hear any or all contested cases. If a hearings officer is so appointed, he or she shall follow the procedural requirements specified in the pertinent construction code under which the matter was filed. [Ord. 1326] Chapter 2.19 Reserved for Expansion Chapter 2.20 Reserved for Expansion Chapter 2.21 ABANDONED, UNCLAIMED, SURPLUS PROPERTY §2.21.1 Chapter applicability. This chapter shall apply to abandoned, unclaimed and surplus property now in the possession of the city as well as to abandoned, unclaimed and surplus property hereinafter coming into the custody of the city or any of its officers or employees. [Prior code § 51.180] §2.21.2 Definitions. A. “Found property” means money or personal property of any description other than contraband, firearms used in commission of a crime, other property being held as evidence in any civil or criminal proceeding, animals or motor vehicles, the true owner of which cannot be readily ascertained, and which is: 1. Found by any officer or employee of the city in or about any vehicle, structure, park, lot, street or other place or premises owned by or under control of the city; or 2. Surrendered to an officer or employee of the city by any person reporting it to have been found at any place. B. “Surplus property” means any personal property belonging to and owned by the city, which has been determined by the City Manager to be of no further use to the city. C. “Unclaimed motor vehicle” means any motor vehicle taken into custody of the city for any reason and not claimed after notice under Section 0. D. “Unclaimed property” means money or personal property of any description other than contraband, firearms used in the commission of a crime, animals, motor vehicles and which has, for any reason, come into the custody, actual or constructive, of the city and is no longer required to be held by the city for any purpose, and remains unclaimed for thirty days after notice to owner or other interested person under Section 0. [Prior code § 51.110] §2.21.3 Surrender of found property to city. Any person who surrenders found property to the custody of any officer or employee of the city thereby surrenders and waives any claim of right, title or interest therein which the person might otherwise assert. [Prior code § 51.115] §2.21.4 Records and reports. The officer or employee of the city into whose custody found property first comes shall deliver to the custody of the police department the property together with a report. Such report shall set forth such of the following information as is known to the author: the date, time and place of the finding; the date and time the property came into the custody of the city; a description of the property; the location where the property is kept. A. When found property comes into the custody of the police department, the police department shall cause an identification tag to be attached to the property. B. Such property shall be held by the city for a minimum period of thirty days after the property comes into the custody of the city, during which time the owner may redeem the property by satisfactorily establishing ownership thereof, and payment of any costs under Section 0 C. Found property which remains unclaimed and not redeemed after the redemption period set forth in subsection B of this section shall be disposed of as unclaimed property pursuant to Section 0 . [Prior code § 51.120] §2.21.5 Surplus property. A. Determination that personal property is surplus and of no further use to the city is within the exclusive jurisdiction of the City Manager. B. Disposition of surplus property is within the exclusive jurisdiction of the City Manager and shall be disposed of in the same manner as unclaimed property under Section 0 . [Prior code § 51.125] §2.21.6 Unclaimed property. A. Any officer or employee of the city who has, for any reason, the actual or constructive custody of unclaimed property shall deliver such property to be held under the jurisdiction of the department head. The property shall then immediately be delivered to the custody of the police department. B. Within ten days of the property coming into the custody of the police department, the department shall make diligent inquiry, including, but not limited to, an examination of the property for identifying markings, to discover the name and address of the owner, conditional vendor, mortgagee or any person interested therein. C. If the owner or other interested person can be readily ascertained, or has been ascertained within ten days of the police department custody, the department shall cause notice to be sent by certified mail to the owner or interested person so that the person may claim such property within thirty days of the date on which such notice is sent. D. Unclaimed property shall be held for at least 30 days following the notice to the owner or other interested person, during which time the owner may redeem the property by satisfactorily establishing the claimant's ownership thereof and payment of costs under Section 0. E. The chief of police, whenever the Chief deems necessary, shall transmit to the City Manager a list of all found and unclaimed property in the Chief's possession. After the Chief's transmittal, such property shall come into the custody and control of the City Manager. F. Unclaimed property valued at twenty-five dollars or more and which remains unclaimed and not redeemed after the redemption period set forth in subsections (C) and (D) of this section shall be disposed of by the City Manager as follows: 1. At a time set by the City Manager, all unclaimed property shall be sold at a public auction to the highest bidder for cash. 2. In default of bids from others, the City Manager may dispose of the property in the Manager's discretion without necessity of taking further bids. 3. Notice of the time and place of such auction shall be given by one publication in a newspaper of general circulation in the city not less than two days nor more than ten days before the date of the sale. Such notice shall contain a general description of the property to be sold. 4. At the time of the payment of the purchase price for property sold under this section, the City Manager shall make, execute and deliver, on behalf of the city, a bill of sale, in duplicate, the original to be delivered to the purchaser and the copy to be kept on file in the city recorder's office. Such bill of sale shall include the name and address of the purchaser, the date of the sale, the consideration paid, a brief description of the property, and a stipulation that the city does not warrant the condition of title of such property. 5. The sale and conveyance of such unclaimed property shall be without redemption. 6. The city shall reserve the right to reject any or all bids. 7. Property sold pursuant to this section shall be delivered to the purchaser upon presentation of the bill of sale, therefore, issued pursuant to subsection (4) of this section. G. Found and unclaimed property valued at less than twenty-five dollars and not redeemed may be disposed of by the City Manager in a manner most advantageous to the city. H. The proceeds of any sale under this section shall be applied as follows: first, to the payment of the cost of such sale and expenses incurred in the preservation and custody of the property; and second, the balance if any, shall be paid to the city recorder of the city and shall be credited to the general fund. [Prior code § 51.130] §2.21.7 Property to be held at expense of owner. A. Found property, unclaimed property, which come into the custody, actual or constructive, of the city for any reason, shall be held at the expense of the owner and any costs incurred by the city in finding, transportation, giving of notice, storage, care and custody of such property shall be paid by the owner or other person lawfully entitled to possession thereof before such property may be released. B. Costs incurred for the impound, transportation, notice, storage and custody of motor vehicles stored by the city shall be as established by resolution of the city council. Costs for found or unclaimed property other than motor vehicles shall be actual costs incurred by the city. [Ord. 1221 § 1, 1990: prior code § 51.135] [ §2.21.8 Towing of vehicles. The city may contract the services of one or more competent towing service firms for the removal and storage of motor vehicles taken into custody of the city for any reason. The contract shall provide for a schedule for towing and storage charges of such motor vehicles. [Prior code § 51.140)]] [ §2.21.9 Appraisal of unclaimed vehicles. Within ten days of any motor vehicle coming into the custody of the city for any reason, the chief of police shall cause such vehicle to be appraised by a person possessing a valid appraisal permit under state law. [Prior code § 51.160)]] [§2.21.10 Notice to owner. A. If a motor vehicle is not claimed within three days after having been taken into custody of the city, the chief of police shall make reasonable efforts to ascertain the names and addresses of the registered owner and legal owner, if any, and the person entitled to possession. B. If the names and addresses of such owners or persons entitled to possession or either of them can be ascertained, except as to vehicles mentioned in subsection C of this section, the chief of police shall cause notice to be sent forthwith by certified mail addressed to the registered owner of the vehicle and a similar letter addressed to the legal owner, if any. Such notice shall include the following information: the location where the vehicle may be redeemed by the owner or person entitled to possession upon satisfactory proof of ownership or right to possession; the amount of towing and storage charges accrued to the date of such notice, and the amount of any fines or bail which must be paid or posted and the date after which the vehicle will be subject to public sale. C. With respect to vehicles which have been taken as evidence, or are recovered after having been stolen, the notice set forth in subsection B of this section shall be given within three days of the date of recovery, or of release by the prosecuting attorney if the vehicle is held for evidence. D. In any event, notice under this section shall be given at least twenty days before sale under Section 00 . [Prior code § 51.145)]] [ §2.21.11 Owner reclaiming vehicle. The legal owner, registered owner or person entitled to possession of an unclaimed vehicle may reclaim such vehicle any time after it is taken into custody, and before it is sold upon presentation of satisfactory proof of ownership or right to possession to the chief of police or the City Manager, whoever has custody of the vehicle at the time of the claiming, and payment of towing and storage charges required under this chapter. [Prior code § 51.155)]] [§2.21.12 Delegation of authority. The City Manager may delegate any or all of the Manager's powers under this Chapter to the chief of police. [Prior code § 51.175)]] Title 3 REVENUE AND FINANCE (Reserved) Title 4 (Reserved) Title 5 BUSINESS LICENSES AND REGULATIONS Chapter 5.1 Reserved for Expansion Chapter 5.2 Reserved for Expansion Chapter 5.3 Reserved for Expansion Chapter 5.4 Reserved for Expansion Chapter 5.5 Reserved for Expansion Chapter 5.6 Reserved for Expansion Chapter 5.7 ALCOHOLIC LIQUOR SALES §5.7.1 Open containers of alcoholic liquors in public places prohibited. A. No person shall drink or consume any alcoholic liquor in or upon any street, sidewalk, alley, public grounds or other public place unless such place has been licensed for that purpose by the Oregon Liquor Control Commission. B. No person shall possess any open container of alcoholic liquor in or upon any street, sidewalk, alley, public grounds or other public place unless such place has been licensed for that purpose by the Oregon Liquor Control Commission. C. “Public place” for the purpose of this section includes schools, places of amusement, parks, playgrounds, parking lots and premises used in connection with public passenger transportation. [Ord. 1274 § 1, 1993: prior code § 44.525] §5.7.2 Open container of alcoholic liquors in public park prohibited. A. No person shall have in the person's possession, while in any public park within the city, any bottle, can or other receptacle containing any alcoholic liquor, which has been opened, or the seal broken, or the contents of which have been partially removed. B. For the purposes of this section “public park” means any area open to the public designated by a sign as a park, including but not limited to, Polk Marine Park, Pioneer Park and Henry Hill Park. [Prior code § 44.570] Chapter 5.8 Reserved for Expansion Chapter 5.9 Reserved for Expansion Chapter 5.10 Reserved for Expansion Chapter 5.11 AUCTIONS AND AUCTIONEERS §5.11.1 Definitions. As used in this chapter: “Auctions” means every person who shall at public outcry offer for sale, either as principal or agent and whether full time or for relief of another, to the highest bidder on the spot, any article of merchandise or property, shall be deemed an auctioneer, and every such sale shall be deemed an auction. Nothing in this chapter shall apply to judicial sales or to sales by executors, administrators or trustees under court order, or to the state, any political subdivision thereof, municipal corporation or quasimunicipal corporation auctioning its own property. [Ord. 1111 § 1 (part), 1983: prior code § 60.110] §5.11.2 Auction license required. It is unlawful for any person to conduct or carry on a public auction within the corporate limits of the city for the sale of any goods or merchandise without having first procured a license from the city to do so, and without complying with all of the provisions of this chapter concerning auctions and auctioneers, and each and every day during any part of which any such public auction shall be carried on or conducted without the license or without complying with each and all of the provisions of this chapter shall constitute a separate violation of this Chapter. [Ord. 1111 § 1 (part), 1983: prior code § 60.120] §5.11.3 Classifications. For the purpose of this chapter, the following classifications of auctions and auctioneers shall apply: A. Class 1. “Regular auctions” are those conducted in a fixed place of business which shall be known and advertised as an auction house. It is unlawful for regular auction houses to conduct temporary auction sales, whether the same shall be their own property or whether they sell the same as agents or employees of others. B. Class 2. “Temporary auctions” are auctions temporarily conducted for the sale of bankrupt or damaged goods sold by pawnbrokers under the provisions of the state law, goods sold for storage or transportation, capital goods and equipment or livestock. Notwithstanding the provisions of this subsection, persons conducting auctions for the sale of goods sold for storage or transportation charges may, at their option, be classified under subsection D of this section; provided, that an auction of the owner's household furnishings, goods and effects of such owner's residence by a licensed auctioneer shall also deemed and considered a temporary auction. C. Class 3. “Closing out auctions” are auctions of stock on hand conducted by persons retiring from business. No license shall be issued for a closing out auction unless the persons applying for such license shall have been continuously in business in the city as a retail or wholesale merchant for the three-year period proceeding such sale. D. Class 4. “Storage or transportation auctions” are auctions conducted for the sale of goods sold for storage or transportation charges at regular or irregular intervals. This classification shall not be applicable to such auctions unless application for an annual license to conduct such auctions is made. E. Class 5. “Temporary benefit auctions” are those conducted by private nonprofit organizations having tax-exempt status under state and federal law, for the sale of objects donated to the organization to be sold at auction, it being understood that the proceeds of the auction shall go to defray the expenses of the tax-exempt organization or for another tax-exempt purpose. F. Class 6. “Regular auctioneers” are those who are regularly engaged in the business of auctioneering in the city. G. Class 7. “Special auctioneers” are those not classified in subsection F of this section. [Ord. 1111 § 1 (part), 1983: prior code § 60.140] §5.11.4 License-Application. A. Any person desiring to engage in business as an auction house, shall make application for license to the city recorder at least thirty days prior to the opening of such place of business. Any person desiring to conduct a temporary auction or closing out auction, shall make application for license to the city recorder at least ten days prior to such temporary auction or closing out auction; provided, however, that the council may waive such requirement as to a temporary auction or closing out auction. B. Applications for licenses to conduct Class 1, 2, 3 or Class 4 auctions in addition to general requirements, shall contain a certified itemized inventory of the stock of goods or property to be sold at auction with description and identifying marks, if any. [Ord. 1111 § 1 (part), 1983: prior code § 60.150] §5.11.5 License-Fees. A. License fees for auctions and auctioneers shall be as follows: Auctions. Class 1, Regular auction Annually $200.00 Class 2, Temporary auction Per day 25.00 Class 3, Closing out auction Per day 25.00 Class 4, Storage or transportation auction Annually 200.00 Class 5, Temporary benefit auctions Per day 5.00 B. No licenses shall be issued for less than full rate applicable to its classification. [Ord. 1111 § 1 (part), 1983: prior code § 60.130] §5.11.6 Revocation of license. The chief of police or the Chief's agent may at any time, during the continuance of the auction, stop the same upon being satisfied that the auction is being conducted in violation of any of the provisions of the ordinances of the city. The auction shall not continue unless permitted to do so by the council. The council upon hearing may revoke the license of any person found guilty of violating this chapter, and no new license shall be issued to such licensee or to any copartnership or association of which the person is a member or to any corporation of which the person is an officer within three years hereafter. [Ord. 1111 § 1 (part), 1983: prior code § 60.160] §5.11.7 Violation-Penalty. In addition to such other remedies as are provided under this code, violation of any of the provisions of this chapter shall be punishable upon conviction by a fine not exceeding two hundred dollars or imprisonment for a period not exceeding thirty days, or both such fine and imprisonment. [Ord. 1111 § 1 (part), 1983: prior code § 60.170] Chapter 5.12 Reserved for Expansion Chapter 5.13 Reserved for Expansion Chapter 5.14 Reserved for Expansion Chapter 5.15 ENTERTAINMENT BUSINESSES AND AMUSEMENT DEVICES §5.15.1 Amusement business licenses required. It is unlawful for any person or persons within the limits of the city to conduct or engage in any of the businesses or to operate or conduct any of the amusement devices or forms of entertainment enumerated in this chapter without having first obtained a license therefor, as hereinafter set forth. [Prior code § 63.110] §5.15.2 Definitions. As used in this chapter: “Coin-in-the-slot amusement device” means any device intended to offer or give entertainment or amusement to its patrons upon insertion into the device of a coin or a token having a value, except vending machines. “Dance floor” means any area designated for dancing in connection with a business that sells for consumption on the premises liquor, wine, malt beverages, other alcoholic beverages or food. “Licensed forms of entertainment” means any card room, card table, pool table, billiard table or shuffleboard, maintained by a business for use by its patrons. “Regular closing time” means the latest time occurring at regular intervals at which the subject business will permit a patron to remain upon the premises. “Vending machine” means any device whose primary intended function is to automatically exchange goods for coins or tokens inserted in the machine. [Ord. 1191 § 1 (part), 1988: prior code § 63.120(a)] §5.15.3 License fees. Except as otherwise provided, the following fees shall be charged for licenses required pursuant to this chapter: A. Forms of Entertainment. Three hundred dollars per year for such business which maintains one or more licensed forms of entertainment as defined in Section 0 B. Coin-in-the-Slot Amusement Device. Thirty dollars per year if two or less are maintained. If more than two are maintained by the business, three hundred dollars per year per business less any other fee paid under subsection A of this section. C. Dance Floor. One hundred fifty dollars per business per year, if the business has a regular closing time at or before one a.m.; two hundred dollars if the business has a regular closing time after one a.m. D. Cigarette Vending Machines. Thirty dollars per year per machine. [Ord. 1191 § 1 (part), 1988: prior code § 63.120(b)] §5.15.4 License fees-Exceptions. Fraternal organizations and other nonprofit organizations maintaining any of the amusement devices or forms of entertainment described in this chapter, exclusively for the use of their members shall not be required to pay the license fees hereby provided. [Prior code § 63.160] §5.15.5 License duration-False statements in application. Licenses required by this chapter shall be issued annually for the fiscal year beginning on July 1st of each year at the rates set forth in Section 0, and the rates so established shall become effective on July 1, 1956. All licenses shall be for one year, and no reduction shall be made for a license for less than one year. It is unlawful for any person or persons to make any false statement in an application for a license under this chapter regardless of the materiality thereof. [Prior code § 63.130] §5.15.6 Public dances. All public dances other than licensed dance floors shall continue to be licensed at the rates provided in Chapter 0 of the city; and all other parts of said chapter shall continue in full force, except that Sections 0 and 0 of said chapter and the part of Section 00 thereof prohibiting the sale or consumption of alcoholic liquor on the dance premises shall not apply to dance floors licensed under this chapter. [Prior code § 63.150] §5.15.7 Transfer of licenses. The licenses may be transferred by the licensee in the event of a sale of the business for which or in connection with which the license is issued; provided, that no license shall be transferred without application in writing and approval by the city recorder. [Prior code § 63.170] §5.15.8 Requirements for approval of transfer. Before approving the transfer of any license, the city recorder shall satisfy herself that the proposed new licensee is a responsible and qualified person. In connection with such transfer the city recorder shall have the right to demand and receive of such licensee information as may be reasonably required to establish the financial responsibility, and other qualifications of the proposed licensee. [Prior code § 63.180] §5.15.9 Revocation of license. Any license granted under this chapter may be revoked by resolution of the city council for good cause shown and after notice to the licensee and reasonable opportunity for such licensee to be heard upon the proposed resolution for such revocation; provided, however, that if such license is revoked without the licensee having been convicted of any violation of this chapter, the person shall be entitled to a proportionate refund of the person's license fee. Upon such revocation, the chief of police shall hand to the licensee a written notice of such revocation; or if the licensee is not found, the chief of police shall post a notice of such revocation on the premises where the business was located or conducted. [Prior code § 63.140] Chapter 5.16 Reserved for Expansion Chapter 5.17 Reserved for Expansion Chapter 5.18 Reserved for Expansion Chapter 5.19 GAMBLING AND SOCIAL GAMES §5.19.1 Gambling prohibited. A. No person shall participate in, operate or assist in operating a gambling game or activity, excluding those activities authorized by state law as set forth in ORS 167.117 through ORS 167.153. No person shall have in the person's or her possession any property, instrument or device designed or adapted for use in any type of gambling activity. Any such property, instrument or device is a nuisance and may be summarily seized by any police officer. Property so seized shall be placed in the custody of the chief of police of the city. Upon conviction of the person owning or controlling such property for a violation of this section, the municipal judge shall order such property confiscated and destroyed. B. Any coins or moneys taken along with a gambling device shall be delivered to the City Manager, who shall deposit them in the general fund of the city. [Ord. 1158 § 1, 1986: prior code § 67.110] §5.19.2 Social games-License requirement. A nonprofit society, club, religious, fraternal or charitable organization shall obtain a license for social games at an annual fee of fifty dollars per organization. The license may be granted only if the primary reason for the existence of the nonprofit organization is not the playing of social games. A failure to apply for a license is a violation of this chapter. [Prior code § 67.120] Chapter 5.20 Reserved for Expansion Chapter 5.21 Reserved for Expansion Chapter 5.22 Reserved for Expansion Chapter 5.23 PEDDLERS AND SOLICITORS §5.23.1 Definitions. As used in this chapter: “Peddler” means any person who, as a business or vocation or both, travels from place to place, house to house, or street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who without traveling from place to place sells or offers the same for sale from a wagon, automobile, truck, railroad car, airplane, boat or other vehicle or conveyance. Such definition shall not apply to any person selling products actually harvested from the person's own farm or orchard; nor shall such definition apply to vendors of newspapers upon the street. “Solicitor” means any individual who, as or in connection with a business or vocation or both, travels from place to place, house to house, or street to street, taking or attempting to take orders for the sale of goods, wares, merchandise or other personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not the person is collecting advance payments on such sales. Such definition shall include any person who, for theirself or for another, hires, leases, uses or occupies any place or premises or any railroad car, boat, wagon, automobile, truck, airplane or portion of any of them on a temporary basis for the sole purpose of exhibiting samples and taking orders for future delivery. [Prior code § 62.125] [§5.23.2 Peddling established as nuisance. The practice of persons going in and upon private residences in the city by solicitors, peddlers, hawkers, itinerant merchants, transient vendors of merchandise and transient photograph solicitors, not having been requested or invited so to do by the owner or owners, occupant or occupants of such private residences, for the purpose of soliciting orders for the sale of goods, wares and merchandise, and/or for the purpose of disposing of and/or peddling or hawking the same, or soliciting orders for photographs, is prohibited and declared to be a nuisance and punishable as such nuisance as a misdemeanor. [Prior code § 62.110)] [§5.23.3 Abatement of nuisance. The chief of police and police officers of the city are required and directed to suppress the same and to abate any such nuisance as is described in Section 0. [Prior code § 62.115)]] §5.23.4 Unlawful to engage unlicensed persons. A. It is unlawful for any person to engage whether by employment, offer of commission, participation in proceeds or otherwise, any person as a solicitor or peddler as defined in this chapter unless and until such person so engaged has obtained a license therefor as provided in this chapter. B. It is unlawful for any person to cause or permit any other person who has been engaged as described in subsection A of this section to conduct the business, trade or occupation of a solicitor or peddler after the person knows or has good reason to know that such person's license therefor has expired, or has been suspended or revoked. [Prior code § 62.120] §5.23.5 License required-Application. Applications for solicitors and peddlers licenses required by this chapter shall contain: A. The date and place of birth of the applicant; B. The physical description of the applicant, including height, weight, color of hair and eyes and identifying scars and marks; C. Every alias, assumed name and any previous legal name which has ever been used by the applicant or by which the person has been known; D. Every residence address of the applicant for the five years immediately preceding such application; E. A list of all criminal offenses other than Class B, C or D traffic infractions but including Class A traffic infractions and traffic crimes of which the applicant has ever been convicted, together with the dates and places of such convictions; F. Every vocation, and the name and address of each employer, at which the applicant has worked for the five years immediately preceding the application; G. If the vocation for which the license is sought is to be carried on an employee, the name and address of the employer; H. Whether or not the applicant has ever been discharged from a position of trust, or has ever been bonded in connection with a business or vocation and such bond has been revoked, forfeited or executed upon by reason of such applicant's conduct, together with an explanation of the dates and circumstances surrounding such discharge or action on such bond, and the name and address of the surety on such bond; I. The names of at least three persons residing within the state of Oregon who can give informed account of the business and moral character of the applicant; J. Any other information specifically required by any provisions of this chapter in connection with an application for a license to engage in particular vocation. [Prior code § 62.130] §5.23.6 Crew license-Application-Fees. A. In lieu of an application being filed by each solicitor, the employer of any solicitors may file separate application for each solicitor employed by the solicitor; and upon approval of any such application, a crew license shall be issued to the employer, which license shall designate the names of the employers and the solicitors whose applications have been so approved. Separate vocation licenses shall be issued to each such solicitor at no additional cost. The employer may make substitutions of solicitors or add additional solicitors or canvassers from time to time within the limits of such crew license, and may have the City Manager transfer such licenses from one solicitor employed by the solicitor to another so employed without paying any additional license fee upon filing the appropriate applications. B. The employer shall pay the application fee set forth below for each solicitor named in the application for such license or the application for substitutes or additional solicitors not previously licensed. The City Manager may, in the Manager's sole discretion, in lieu of an investigation and the payment of an investigation fee, accept a corporate surety bond, approved as to form by the city attorney, in the sum of two thousand dollars, conditioned upon the observance by the employer and each solicitor covered by the crew license of all ordinances of the city and all laws of the state of Oregon, and upon the truth of all the representations made in connection with the application for a license, and as a guarantee that the purchase price or any portion thereof of any thing, service or subscription purchased or ordered will be returned to any purchaser or person ordering the same upon return of the article purchased or relinquishment of the order where proof is furnished that any false or misleading statement or representation has been made concerning any thing, service or subscription sold or offered for sale to the purchaser by the employer or any solicitor covered by the crew license. C. License Fees: 1. Individual solicitor/peddler license: twenty-five dollars; 2. Crew license: fifty dollars plus five dollars each solicitor/peddler. [Prior code § 62.135] §5.23.7 Investigation of applicant. Upon receipt of an application for any license required by this chapter, the chief of police may conduct an investigation of the applicant's business and moral character and of the statements contained in the application as may be necessary for the protection of the public health, safety and welfare, and to determine whether any cause exists for denial of the license. Such investigation may include the finger-printing of any natural person whose name is required to be furnished in the application. [Prior code § 62.140] §5.23.8 Investigation of applicant- Report. The chief of police shall, upon concluding any investigation pursuant to the provisions of this chapter, prepare a report of the Chief's findings and submit the same to the City Manager, recommending either issuance or denial of the license. Such recommendation shall be considered by, but shall not be binding upon the City Manager. [Prior code § 62.145] §5.23.9 Denial of license or renewal. A. The following shall be grounds for denial of any license or renewal: 1. Any untrue or incomplete statement made by the applicant on the person's application form; provided, however, that in the event that such untrue or incomplete application is the result of excusable neglect, the applicant may, without prejudice, resubmit an application in which such defect is corrected; 2. Conviction within the ten years immediately preceding the date of application of any felony; 3. Conviction within the ten years immediately preceding the date of application of any offense, including violations of any local law or ordinance, involving fraud, theft, misrepresentation or moral turpitude; 4. Commission, within the ten years immediately preceding the date of application, of any act involving misconduct in connection with any business or vocation engaged in by the applicant, and which would be punishable as a criminal offense under the provisions of any federal, state or local law or ordinance in effect at the time and place of the commission of such act; 5. Any history of conduct by the applicant in connection with any business or vocation which, if continued by the applicant in connection with the business or vocation subject of the license being sought, would constitute grounds for suspension of a license to engage in or conduct such business or vocation. B. The City Manager may, if the Manager is satisfied that the public interest would be best served thereby, waive any of the grounds set forth in subsection A of this section. [Prior code § 62.150] §5.23.10 Appeal-Stay of suspension. A. Any person aggrieved by the decision of the City Manager in regard to the denial of the application for license pursuant to the provisions of this chapter shall have the right of appeal to the council. Such appeal shall be taken by filing with the city recorder within fourteen days after notice of the action complained of, a written notice describing with certainty the action of the City Manager from which the appeal is taken and a declaration that such person takes appeal to the council from such action. The council shall set a time and place for a hearing on such appeal, causing notice thereof to be given to the appellant. The decision and order of the council on such appeal shall be final and conclusive. B. Upon proper filing of notice of appeal as provided in this section, the order of the City Manager suspending a license is stayed automatically, provided that the council may, upon application of the City Manager and for cause shown, order that the suspension be reinstated pending determination on the appeal. [Prior code § 62.165] §5.23.11 Term of license. All licenses issued under the provisions of this chapter shall be for an annual term unless otherwise specified, and shall be valid and effective from the date of issuance set forth upon such license until the expiration of the specified term. License for terms of less than one year shall take effect on the date of issuance set forth thereon. [Prior code § 62.170] §5.23.12 Use of streets by licensee. No peddler or solicitor licensed under this chapter shall have any exclusive right to any location in the public streets, nor shall the licensee be permitted a stationary location, nor shall the licensee be permitted to operate in any congested area where the person's operation might impede or inconvenience the public. For the purpose of this section, the judgement of a police officer exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. [Prior code § 62.155] §5.23.13 Evening solicitation. It is unlawful for any person to peddle or solicit as defined in this chapter between the hours of nine p.m. of any day and eight a.m. of the following day. [Prior code § 62.160] §5.23.14 Violation-Penalty. A. B. Violation of any of the provisions of Sections 0, 0 through 0 shall be punishable by a fine not to exceed five hundred dollars or imprisonment in the municipal jail for six months, or both. [Prior code §§ 62.195, 62.196] Chapter 5.24 Reserved for Expansion Chapter 5.25 Reserved for Expansion Chapter 5.26 Reserved for Expansion Chapter 5.27 PUBLIC DANCES §5.27.1 Public dance license required. From and after the effective date of the ordinance codified in this chapter no person shall conduct or operate a public dance or public dance hall within the corporate limits of the city without first having obtained a license as provided for under this chapter. [Prior code § 61.110] §5.27.2 Definitions. For the purposes of this chapter the term “public dance” means any dance open to the public for an admission charge and the term “public dance hall” means any building or premises in or on which a public dance is conducted. [Prior code § 61.120] §5.27.3 License-Application. The licenses required by the chapter shall be issued only upon a written application on a form supplied by the city recorder. The application shall contain such information about the applicant as may be necessary to determine the character and responsibility of the applicant and the character of the premises on which the applicant proposes to conduct a public dance. If the premises on which the dance is to be held comply with the zoning, safety and other applicable regulations of the city and the applicant is found to be eligible , a license shall be issued to the applicant upon payment of the fees as herein provided. [Prior code § 61.130] §5.27.4 License-Fee. The license fee for conducting a public dance shall be fifty dollars as a minimum payable in advance, which shall permit the licensee to conduct ten dances. Thereafter, so long as the licensee continues to conduct regular dances at the same location, the license shall continue subject to the payment of five dollars in advance for each additional dance conducted. [Prior code § 61.140] §5.27.5 Closing time. All public dances shall be discontinued and all dance halls closed by twelve-thirty a.m. [Prior code § 61.150] §5.27.6 Inspection. All public dances shall be open for inspection at any time by any police officer. [Prior code § 61.160] §5.27.7 Temporary police officer required. The licensee of each public dance shall furnish a man acceptable to the chief of police at no expense to the city to be appointed a temporary police officer and to be on duty at all times the public dance is in progress. [Prior code § 61.170)]] §5.27.8 Liquor not allowed. Every licensee shall comply with the terms of the ordinances of the city and the laws of the state of Oregon and shall not permit the keeping, sale, giving away or consumption of alcoholic liquor on the dance premises. [Prior code § 61.180] §5.27.9 Revocation of license. In the event that any licensee shall permit any fighting, brawling or disorderly conduct of any kind upon the dancehall premises or, if the licensee violates any of the terms or provisions of this chapter, the license granted under the terms of this chapter shall be subject to revocation immediately by the city council and, upon such revocation, all rights to conduct a public dance shall cease and the licensee shall have no right to a refund for any fees paid. [Prior code § 61.190] Chapter 5.28 Reserved for Expansion Chapter 5.29 Reserved for Expansion Chapter 5.30 Reserved for Expansion Chapter 5.31 SECONDHAND DEALERS AND JUNK DEALERS §5.31.1 Definitions. As used in this chapter: A. Junk Dealer. Any person who, within the city, shall, as a business, engage in the purchase, sale, trade, barter or exchange of old metals, ropes, rags, glass or paper, or other discarded materials or junk or shall keep any store, shop, room, lot or place where such materials are bought, sold, traded, bartered or exchanged is defined to be a junk dealer, within the meaning of this chapter. B. Secondhand Dealer. Any person who, within the city, shall, as a business, engage in the purchase, sale, trade, barter or exchange of secondhand goods, other than “junk” as defined in this chapter or any person who shall keep any store, shop, room or place where secondhand goods of any kind or description, other than “junk” as defined in this chapter, are bought, sold, traded, bartered or exchanged is defined to be a secondhand dealer, within the meaning of this chapter. [Prior code §§ 62.210, 62.215] §5.31.2 Exception. Any person within the city engaged in the business of selling new goods or merchandise, either by retail or wholesale, and who accepts on trade or exchange used goods or merchandise toward the purchase price of new goods or merchandise sold, shall not be considered a secondhand dealer within the meaning and terms of Section 00 and any such person may accept trade-in goods and merchandise of any and all kinds and may sell or otherwise dispose of such merchandise without being deemed a secondhand dealer as defined in Section 0. [Prior code § 62.255] §5.31.3 License required. It is unlawful for any person within the city to engage in the business of secondhand dealer or junk dealer without first having obtained a license as hereinafter set forth. [Prior code § 62.220] §5.31.4 License application. Licenses shall be issued only upon the signed, written application of the owner of the business and shall contain such information respecting the owner of the business as the city recorder shall determine. Upon receipt of the application and the fee, the city recorder shall make such investigation as shall seem adequate to determine the financial responsibility of the applicant. The city recorder shall issue a license to the applicant within ten days from receipt of the application unless the investigation shows that the applicant is ineligible. [Prior code § 62.230] §5.31.5 License application-False statements. It is unlawful for any person to make any false statement in any application for any license under this ordinance regardless of the materiality thereof. [Prior code § 62.235] §5.31.6 License-Fees and duration. Licenses required by this chapter shall be issued by the city recorder annually for the fiscal year beginning on the first day of July of each year, upon payment of an annual fee of ten dollars. All licenses shall be for one year, and no reduction shall be made for a license for less than one year. [Prior code § 62.225] §5.31.7 Record of purchases and sales required. Every secondhand dealer and junk dealer doing business within the city shall keep a complete record of all purchases and sales showing the date of transaction, the purchase or sale price, the description of the article and the name and address of the person from whom purchased or to whom sold. [Prior code § 62.240] §5.31.8 Purchase of goods from minors- Stolen property. It is unlawful for any secondhand dealer or junk dealer doing business within the city to purchase any goods or materials from any child under the age of twenty-one years or to purchase stolen property. [Prior code § 62.245] §5.31.9 Revocation of license. Upon the conviction of any person licensed under this chapter for the violation of any of the terms of this chapter, the license granted under this chapter may be permanently revoked or temporarily suspended for such period as the court shall see fit in addition to such fine or imprisonment as the court may impose. [Prior code § 62.250)] Chapter 5.32 Reserved for Expansion Chapter 5.33 Reserved for Expansion Chapter 5.34 Reserved for Expansion Chapter 5.35 Reserved for Expansion Chapter 5.36 Reserved for Expansion Chapter 5.37 Reserved for Expansion Chapter 5.38 TAXICABS §5.38.1 License required. A. No person shall operate the business of a taxicab within this city without first being licensed as provided in this chapter. “Operate the business of a taxicab,” as used in this chapter means the regular solicitation and acceptance of fares and the carrying of packages for a fee within the city. B. This chapter shall apply to those who operate taxicabs from another city and who regularly solicit and do business within this city, but shall not apply to those who operate taxicabs from another city and who only occasionally solicit and do business within this city. [Prior code § 66.110] §5.38.2 License application. An applicant for taxicab license shall make application and shall provide the following information: A. Name, business address and residence of the owner or owners of the business; B. Make, year, type and passenger seating capacity of each taxicab for which application is made; C. A statement whether the owner or owners of the business have ever been convicted of any crime, misdemeanor or violation of municipal ordinance, other than minor traffic and parking offenses; D. Such other information as the city council may deem necessary for the proper protection of the public. [Prior code § 66.115] §5.38.3 Rates established. Prior to granting of the license, the city council shall establish, by resolution, rates which shall be charged for transport of persons and packages by taxicab. Such rates shall be posted in plain view of occupants of the passenger compartment, and no other rate than that so established shall be charged. [Prior code § 66.135] §5.38.4 Grounds for denial of application. The city council, upon receiving the report, shall approve or disapprove the request for license, by roll call vote, which vote shall be recorded in the minutes of the council. The council may deny any application for license if it finds that: A. The applicant's financial responsibility and experience would be such that the person's operation of a taxicab business would pose a reasonable hazard to public health, safety and welfare; B. The applicant or officers thereof having prior criminal convictions; [ C. There is insufficient demand for additional taxicab service. [Prior code § 66.125)]] §5.38.5 Duration of license- Investigation. Such license shall be for a period of not more than two years. Before any license is granted, the City Manager shall direct the chief of police to conduct an investigation of the applicant, and in connection therewith may require the applicant to be fingerprinted. The chief of police shall, within thirty days of the receipt by the city council of the request for license, make the Chief's report as to the applicant's financial ability and whether applicant has prior convictions for violation of the laws of this or any other state or municipal ordinances. [Prior code § 66.120] §5.38.6 Transfer of license. No license to operate the business of a taxicab may be sold, assigned, mortgaged or otherwise transferred without prior approval of the city council. [Prior code § 66.130] §5.38.7 Proper repair of vehicles. No person shall operate the business of a taxicab in this city unless each vehicle so used is in proper repair and equipped in accordance with the Motor Vehicle Code of this state. [Prior code § 66.140] §5.38.8 Insurance required. No person shall drive or operate any taxicab unless there first is filed with the city recorder a certificate of insurance to a policy issued by an insurance company licensed to conduct business in this state attesting that such insurance company will assume responsibility for injuries to persons and property caused by the operation of the taxicab in the following amounts: A. For death or injury to any one person in any one accident, fifty thousand dollars; B. For death or injury to two or more persons in any one accident, one hundred thousand dollars; C. For damage to property of others resulting from any one accident, ten thousand dollars. Such policy of insurance shall contain a provision against cancellation except upon thirty days' prior written notice to the city council. [Prior code § 66.145] §5.38.9 Operators of taxicabs-Deliveries. No person driving or operating a taxicab licensed under this chapter shall make delivery of any package, bottle or other container containing any alcoholic beverage, drug or other thing whose sale is forbidden by statute, ordinance or charter within the corporate limits of this city. This section shall not forbid the carrying of such beverage, drug or thing as an incident to the carrying of a passenger in whose lawful possession such thing is held. [Prior code § 66.150] §5.38.10 Driver's permit required. No person shall be regularly employed, either full-time or part-time, as a taxicab driver by any person or firm licensed under this chapter unless such person has first been issued a permit as such taxicab driver by the chief of police. [Prior code § 66.155] §5.38.11 Permits denied when. No driver's permit shall be issued to: A. A person who does not have a valid chauffeur's license issued by the state of Oregon, Motor Vehicles Division; B. A person who has been convicted of aggravated murder or murder as those crimes are defined in ORS Chapter 163; C. A person who has been convicted of: 1. A crime or offense against a person included in ORS Chapter 163 or its counterpart in another jurisdiction, or 2. A crime of offense involving theft and related offenses, burglary and criminal trespass, criminal mischief, or robbery as those crimes are defined in ORS Chapter 164 or their counterpart in another jurisdiction, within the time periods specified, as follows: Years Immediately Preceding Application for Permits Crime(s) 10 Class A or B felony 5 Class C felony or Class A misdemeanor, excluding major traffic offenses 2 Class B or C misdemeanor; D. A person who has been convicted of a major traffic offense as defined in ORS 153.500 or its counterpart in another jurisdiction within one year immediately preceding application for a permit; E. A person who has been convicted of four Class A, B or C traffic infractions within one year immediately preceding application for a permit; F. An applicant who fails to supply information so required or who submits false or misleading information. [Ord. 1139 § 1, 1985: prior code § 66.160] §5.38.12 Denial of driver's permit- Appeal. A. An applicant whose application for a driver's permit has been refused by the chief of police may appeal that decision to the city council. B. Such appeal shall be taken by filing with the city recorder, within fourteen days after notice of the action complained of, a written notice describing with certainty the action of the chief of police from which the appeal is taken and a declaration that such person takes an appeal to the council from such action. C. The City Manager shall fix the time for the appeal to be heard by the city council, place the hearing of the appeal upon the calendar of the council and notify the appellant and the chief of police of the time fixed, no less than five days prior to that time. D. The council shall take such action upon the appeal and such action by the council shall be final. [Ord. 1139 § 2, 1985: prior code § 66.165] §5.38.13 Suspension and revocation of driver's permit. The city council, upon recommendation of the chief of police, may suspend or revoke a driver's permit upon occurrence of any condition which would make such person ineligible to obtain such a license. [Prior code § 66.170] §5.38.14 Suspension and revocation of taxicab license-Notice. A. The city council may, after notice of hearing, suspend or revoke the taxicab license of any holder upon finding that such holder has knowingly and wilfully violated any provision of this chapter. B. Written notice of the suspension or revocation hearing shall be mailed by certified mail to the licensee not more than thirty or less than ten days prior to the date of the hearing. [Prior code § 66.175] Chapter 5.39 Reserved for Expansion Chapter 5.40 Reserved for Expansion Chapter 5.41 Reserved for Expansion 1 Chapter 5.42 - Mobile Vending Devices on Public or Private Property §5.42.1 Definitions. The following definitions apply to this chapter: "Approved". Approved by the Oregon Health Division. "Catering". The preparation of food in an approved food service facility and the transportation of such food for service and consumption at some other site. "Commissary". A catering establishment, restaurant, or any other place in which food, containers, or supplies are kept, handled, prepared, packaged, or stored, and from which vending machines and mobile units are serviced. "Community event" Activity specifically approved by the council granting use of street and sidewalk areas within a specifically defined area for a period of time not exceeding ten days to a community based organization. Also included in this definition is the annual Western Days Festival and Farmers Market. "Conduct business". Carrying, conveying, transporting, selling or offering for sale food or beverage of any type of any type or fresh cut flowers, balloons, souvenirs, other merchandise for immediate delivery, or service either from a mobile vending device or as a pedestrian. "Limited Service Restaurant." A restaurant serving only pre-wrapped sandwiches, or a single dish or food product, and non-perishable beverages. "Mobile Vending Device" shall include pedestrians, carts as defined in Section 0, motorized vehicles, trailers, recreational vehicles, any device in, upon or by which any person or property is or may be transported, moved or drawn any structure or enclosure, which because of its size, construction or use of materials is not regulated by the Uniform Building Code. "Non-Perishable Foods." Food which is not readily perishable and includes beverages including, but not limited to, soft drinks and fruit juices served in sealed pre-packaged containers; pasteurized alcoholic beverages served in original containers; and coffee or tea. "Packaged". Bottled, canned, cartoned or securely wrapped. "Pushcart." A wheeled vehicle of such size and weight that it may be easily moved by no more than two people, and which is serviced daily from its commissary or warehouse for cleaning and supply. "Sidewalk" means that portion of the street between the curb lines or the lateral lines of a roadway and the adjacent property line intended for the use of pedestrians. [Ord. 1338)] §5.42.2 Permit required. No person may conduct any mobile vending business (including operation of a mobile food unit) in the city without first obtaining a permit from the City Manager or designee. Site design review is required according to Chapter 80 of the Zoning Code. Any existing facilities at this time are required to come into compliance with the regulations in this Chapter within 60 days of the passage of this ordinance. [Ord. 1338)] §5.42.3 Permit fee. Each application for a permit to conduct business on a street or sidewalk shall be accompanied by a nonrefundable fee established by council resolution. (1) Permits issued under this Chapter are not transferable. (2) A late payment fee shall be charged to all accounts for each 30 days in which the license fees are not paid after the original bill is mailed. The amount of the fee shall be established by council resolution. The unpaid fees, including late payment charges, constitute a debt to the city which the City Manager may imitate legal action to collect. If license fees are not paid within 90 days of the date the original statement is mailed, an eviction notice will be sent. [Ord. 1338)] §5.42.4 Application. Applications for a permit to conduct business from mobile vending devices shall be made by a form approved by the City Manager. A separate application shall be required for each mobile container or device to be used for transportation or display. The application shall include, but not be limited to, the following information: (1) Name and address of applicant; (2) Type of merchandise to be sold; (3) A valid copy of all necessary permits required by state or local health authorities; (4) A signed statement that the permittee shall hold harmless the city, its officers and employees, and shall indemnify the city, its officers and employees for any claims for damage to property of injury to persons occasioned by any activity carried on under the terms of the permit. Permittee shall furnish and maintain public liability, food products liability and property damage insurance to protest the permittee and the city from all claims for damage to property or bodily injury, including death, which may arise from operations under the permit or in connections with it. The insurance shall provide coverage of not less that $100,00 for bodily injury for each person, $300,00 for each occurrence and not less than $300,00 for property damage per occurrence. The insurance shall be without prejudice to coverage otherwise existing therein, and shall name as additional insureds the city, its officers and employees, and shall further provide that the policy shall not terminate or be canceled prior to the completion of the contract without 30 days written notice to the City Manager. (5) Means to be used in conducting business including, but not limited to, a description of any mobile container or device, to be used for transport or to display merchandise. (6) A written inspection approved from the City Building Official and the District Fire Marshall certifying the provisions of 5.44.065 have been met. (7) The location from which business will be conducted and the written consent of the owners of the property adjacent thereto or located thereon. No application shall apply for a total of more than three locations. If consent can not be obtained, the applicant shall specify attempts made to obtain consent, and the City Manager shall determine whether such attempts have been adequate, in the Manager's sole discretion. (8) If requested permission to remain on the premises for more than 12 hours in any 24-hour period, written plans showing lawful connection to city sewer and water facilities must be provided except in the case of limited service restaurants and as provided for in Section 0(2). [Ord. 1338)] §5.42.5 Inspection. (1) Prior to the insurance of any permit, the Building Official and Fire Marshall shall inspect and approve any mobile device to be used. The building official shall certify that the device is structurally and mechanically sound, the design will not create a nuisance or hazard to the public, and the size of the structure meets the requirements of Section 0 Any pushcart shall be constructed with wheels and brakes or good working order. The Fire Marshall shall certify that a cooking or heating apparatus is in conformance with the provisions of the Uniform Fire Code. (2) If the mobile vending device is allowed to remain in a permanent or semi-permanent locations in accordance with the provisions of Section 0, the public works department shall certify that the mobile device is properly connected to city sewer and water facilities. Except that, mobile food units, pushcarts, or limited service restaurants serving only food packaged in individual servings, transported, and stored under conditions meeting the requirements of the Food Sanitation Rules of the Oregon Health Division need not comply with the requirements of the rules pertaining to the necessity of water and sewage systems. Although connection to City sewer and water facilities may not be required, if liquid waste results from the operation of a mobile food unit, the waste shall be stored in a permanently installed retention tank that is of sufficient capacity to hold the liquid waste produced by the mobile food unit. Those wastes shall be drained only into an approved disposal system. [Ord. 1338)] §5.42.6 Location review. (1) Upon receipt of a application for a permit, the City Manager shall review each location applied for to determine whether such location is within a commercial stays in area and that the use of such location is compatible with the public interest in use of street and sidewalk areas as public right-of-way. In making the determination, the City Manager may consider the width of sidewalk, the proximity and locations of existing street furniture, including but not limited to signposts, lampposts, parking meters, bus shelter, benches, phone booths, and newsstands as well as the presence of bus stops, truck loading zones, taxi stands or hotel zones to determine whether that proposed use would result in pedestrian, traffic, or street congestion. (2) If the City Manager determines the proposed location is unsuitable, the City Manager shall inform the applicant in writing who may appeal the decision to the planning commission and then to the city council as provided in IZC 90.30.045. [Ord. 1338)] §5.42.7 Form and conditions of permit. Permits shall be in a form prescribed by the City Manager and shall contain the following conditions: (1) Each permit shall be issued for a one year period. [Ord. 98-1358] (2) The permit issued shall be personal only and not transferable in any manner. (3) The permit is valid only when used at the location designed on the permit. (4) The permit is subject to the conditions and restrictions of this Chapter. (5) The permit as it applies to a given location may be suspended by the council for a period up to ten days when council actions providing for a "community event" shall so provide. [Ord. 1338)] (6) The City Manager must find that the mobile vending device will not detract from the appearance of the city and that it will be harmonious with the area in which it will do business. [Ord. 1338)] §5.42.8 Sanitary standards. All utensils and equipment used by a licensed vendor shall be maintained in a clean and sanitary condition and shall conform to all standards prescribed by state and county law and regulations promulgated pursuant thereto. [Ord. 1338)] §5.42.9 Exemptions. This chapter shall not apply to those mobile vendors conducting business only during the annuals Wester Days festival and Saturday Farmers Market, in which case said mobile vendors shall be regulated by the Western Days Committee and Chamber of Commerce respectively. [Ord. 1338)] §5.42.10 Restrictions. (1) Carts on public property. Any person conducting business on city streets or sidewalks with a permit issued may transport and display food or flowers or balloons or other merchandise upon any mobile device or pushcart, provided that the device occupies no more that 16 square feet of the sidewalk area, and does not exceed three feet in width, excluding wheels, six feet in length, including any handle, and not more than five feet in height, excluding canopies, umbrellas, or transparent enclosure. In area where the sidewalk measures 15 feet or more between the property line and curb, a width of four feet may be allowed. No person may use any device, chair, stand, box container, or table that does not comply with the requirements of this section or place such a device on the street or sidewalk, unless that have a business immediately adjacent to the sidewalk. (2) No person may conduct business on a sidewalk in any of the following places: (a) Within 20 feet of the intersection of two street right-of-ways: (b) Within 8 feet of the neighboring property owner adjacent to the property line; (c) Within 10 feet of the extension of any building entrance or doorway, to the curb line. (3) All persons conducting business on a street or sidewalk shall display in a prominent and visible manner the permit issued by the City Manager under the provisions of this article and conspicuously post the price of all items sold. (4) All person conducting a mobile vending business shall pick up any paper, cardboard, wood or plastic containers, wrappers, or any litter in any form deposited by any person within 25 feet of the place of conducting business. Each person conducting a mobile vending business hall carry a suitable container for the placement of litter by customers or other persons. (5) All persons conducting business on a sidewalk shall obey any lawful order or a police officer to move to a different permitted location to avoid congestion or obstruction of the street of sidewalk or to remove his or her vending cart entirely from the street or sidewalk if necessary to avoid such congestion or obstruction. (6) No person may conduct business as defined in this article at a location other than that designated on the permit. (7) No permittee may make any loud or unreasonable noise of any kind by vocalization or otherwise for the purpose of advertising or attracting attention to the wares. (8) No permitted cart or device shall be left unattended on a street or sidewalk nor remain on the street or sidewalk between midnight and 6:00 a.m., unless otherwise specifically permitted under the provisions of Subsection 5.44.100. (9) No permittee may conduct business in violation of the council action providing for a community event. (10) No vendor shall operate from a motor vehicle in any residential zone of the city. The mobile ice cream vendor is exempt from this Chapter. (11) No vendor may operate in a residential area of the city between the hours of 8 p.m. and 8 a.m. Vendors in residential zones shall be subject to all applicable parking, noise and vehicle regulations. (12) No licensee shall: (a) Operate in a manner which creates a danger to persons or property; (b) Deliberately hinder or impede pedestrian traffic; (c) Obstruct the clear vision of the driver of any vehicle approaching or entering an intersection; (d) Operate in a manner which will hinder emergency or utility services; or (e) Operate in violation of any of the city's land use regulations.(Ord. 1338)] §5.42.11 Denial or revocation of permit. (1) The City Manager may deny, revoke or suspend the permit of any person to conduct a mobile vending business if the City Manager finds: (a) That the person has violated any of the provisions of this chapter; (b) The written consent of the property owners consenting to the permittee conducting business has been withdrawn; (c) Any necessary health or other permit has been suspended, revoked or canceled; or (d) The permittee does not has a currently effective insurance policy in the minimum amount provided in Section 00 (5). (e) The permittee has not paid license fees as provided in Section 05 (2). (f) Criminal conduct in relation to service provided is determined. (2) Upon denial or revocation, the City Manager shall give notice of the action to the permit holder in writing stating the action taken and the reasons for it. If the action of the City Manager is a revocation based on 5.44.090(1)(b)(c) or (d), the action shall be effective upon giving the notice in the permittee; otherwise the notice shall contain the further notice that the action becomes final within 10 days unless appealed to the council by filing a written notice of appeal with the City Manager. Any revocation effective immediately may also be appealed to the council by filing a written notice of appeal within 10 days. [Ord. 1338)] §5.42.12 Violation. The placement of any cart or device on any street or sidewalk in violation of the provisions of this article is declared to be a public nuisance. The City Manager may after the following nuisance procedures in Section 0, Article VI of the Independence Municipal Code cause the removal of any cart of device found on a street or sidewalk in violation of this chapter and may store the cart or device until the owner redeems it by paying the removal and storage charges established by the manager.(Ord. 1338)] §5.42.13 Mobile Vendors on private property - additional requirements and restrictions. No mobile vendor may be located on private property in any residential zone. [Ord. 1338)] §5.42.14 Prohibited solicitation. It is unlawful for any person to solicit or demand any pecuniary benefit from any vendor in return for the vendor locating a mobile device on any public street or sidewalk in front of any particular business. [Ord. 1338)] §5.42.15 Appeal. Any decision of the City Manager may be appealed to the City Council upon filing a written appeal with the City Recorder. The appeal must specify the grounds where the Manager failed to follow the terms of this ordinance. The appeal must be filed within 30 days of the decision on the permit. The appeal must be filed by a resident of the City or the applicant. the appeal may be accompanied by any other information the appellant deems appropriate. The Council shall make a decision on the appeal by reviewing the record of the Manager's decision and the appeal. [Ord. 1338)] Title 6 ANIMALS Chapter 6.1 ANIMALS GENERALLY §6.1.1 Vehicles injuring animals. Any person operating a vehicle within the city who shall run over, strike, injure, maim or kill any domestic animal shall immediately stop and render aid to such animal, if injured; or provide for the disposition of the carcass, if such animal is killed. In either case, such person shall make due and diligent inquiry to determine the owner of such animal; and if the owner be found, the person shall notify the owner of the occurrence. Whether or not the owner is found, the operator of the vehicle shall report the accident immediately to the chief of police or the Chief's assistant. [Prior code § 44.385] Chapter 6.2 Reserved for Expansion Chapter 6.3 Reserved for Expansion Chapter 6.4 Reserved for Expansion Chapter 6.5 Reserved for Expansion Chapter 6.6 DOGS §6.6.1 Definitions. As used in this chapter, unless the context otherwise indicates: “Commercial kennel” means any establishment or premises: 1. Operating for profit, where animals are boarded, kept or maintained for any purpose whatsoever; except where the resulting offspring are sold for resale to commercial outlets, or for the further purpose of research, testing or laboratory experimentation; 2. Operating as a nonprofit animal facility whose primary function is to bring aid and comfort to animals, and which has facilities for more then seven permitted animals. “Dangerous dog” means, other than an official police dog: 1. Any dog with a propensity, tendency or disposition to attack, to cause injury to, or to otherwise endanger the safety of humans or other domestic animals without provocation; or 2. Any dog which attacks a human being or other domestic animal one or more times without provocation; or 3. Any dog which has the propensity to attack or bite any person or other domestic animal without provocation and the capacity to inflict serious harm on that person or animal. “Dog” means a male or female dog including a dog which has been neutered or spayed. “Leash” means leash, cord, chain, rope or other such physical restraint. “Muzzle” means a device constructed of strong, soft material or a metal muzzle such as that used commercially with greyhounds. The muzzle must be made in a manner which will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal. “Owner” means any person or persons, firm, association or corporation owning, keeping or harboring a dog. “Private hobby kennel” means any premises where permitted animals are bred for personal use and enjoyment and kept for the exclusive purpose of show, hunting, racing, herding or breeding, where the resulting offspring are neither sold for resale to commercial outlets, nor for the purpose of research, testing or laboratory experimentation. “Running at large” means any dog shall be considered running at large when it is off or outside of the premises belonging to the owner of such dog, and not in the company of and under the control of the owner by a leash, except in the case of a dangerous dog, in which case the term shall also include a dog unconfined in accordance with the requirements set forth in this section. “Unconfined” means a dangerous dog, if such dog is not securely confined indoors, or leashed and muzzled, or confined in a securely enclosed and locked pen or structure upon the premises of the owner. Such pen or structure must have secure sides and a secure top. If the pen or structure has no bottom secured in the sides, the sides must be embedded into the ground no less than one foot. [Ord. 1214 § 1, 1990: Ord. 1147 (part), 1986: prior code § 42.110] §6.6.2 Dog license required. A. It is unlawful for any owner or custodian of a dog kept within the city to fail to obtain a license for such dog as required pursuant to this section and thereafter to securely fasten a license tag issued by the city to the dog's collar or harness and insure that it is kept on the dog at all times when the dog is not in the immediate physical custody and control of the owner or custodian. B. Every person owning or having custody of a dog which has a set of permanent canine teeth or is six months old, whichever comes first, shall immediately obtain a license for the dog by paying to the city a license fee as provided by Section 0. [Ord. 1201 § 1 (part), 1989: prior code § 42.375] §6.6.3 Dog license fees and exceptions. A. The dog license fee which is due and payable upon the issuance of a license shall be as set forth by resolution of the city council. Persons applying for the neutered or spayed dog license fee must present to the permit application center a certificate from a licensed veterinarian stating that the dog to be licensed has been so neutered or spayed. B. Licenses shall be valid for one year from the date of issuance or until the sale or gift of the dog, whichever first occurs. At the time of issuing a license the city shall supply a suitable identification tag, which shall be fastened to the dog as required by Section 0 C. No license shall be issued until a certificate of vaccination for rabies, valid for the license year, is presented to the permit application center. D. No license fee shall be required to be paid for any dog owned by a blind or deaf person who uses such dog as a guide. [Ord. 1201 § 1 (part), 1989: prior code § 42.380] §6.6.4 Number of dogs permitted. No household or member thereof is allowed to own, harbor or keep more than two dogs which are over four months of age. This subsection shall not apply to any holder of a private hobby kennel permit or owner of a commercial animal kennel. [Ord. 1214 § 3, 1990: prior code § 42.200] §6.6.5 Maintenance. All dogs in the city shall be maintained in a humane condition and provisions shall be made for adequate food, shelter, exercise and sanitary conditions. [Ord. 1214 § 8, 1990: prior code § 42.140A] §6.6.6 Dogs as a public nuisance when. It is unlawful for any person to allow any dog to: A. Unreasonably or for prolonged periods of time bark, howl or make noises common to their species; B. Bite a person; C. Chase vehicles or person(s); D. Damage or destroy property of person other than the owner of the dog; E. Scatter garbage; F. Trespass on private property of person other than the owner of the dog; G. Run at large while a female in heat; H. Be kept or maintained in such a manner as to disturb by noxious or offensive odors, or otherwise endanger the health and welfare of the inhabitants of the city; I. Run at large. [Ord. 1214 § 7, 1990: Ord. 1147 (part), 1986: prior code § 42.135] §6.6.7 Impounding and disposal. A. When any dog is found running at large in the city, or when a dog is a public nuisance described by Section 0, the chief of police or the Chief's designate shall impound it or cite the owner or keeper to court or do both. B. When a dog is impounded under subsection A of this section, the chief of police shall post in a conspicuous place at the city hall a notice giving the description of the dog, time and location where the dog was found running at large. The notice shall be posted for three days for unlicensed dogs and for five days for licensed dogs. If the impounded dog was licensed, reasonable efforts shall be made to notify the owner during the five-day period. C. If the dog has been impounded for any reason other than being a dangerous dog, and the owner of the dog does not claim it within the time-frames set forth in subsection B of this section, the dog may be sold to another for the sum of the charges mentioned in Section 0. If no owner appears to redeem a dog within the allotted time, or if the dog has been impounded as a public nuisance for killing or injuring a person, it shall be killed in a humane manner. D. Notwithstanding the provisions of subsection C of this section, any dog impounded for biting or killing a person shall be held for not less than ten days before destruction to determine if the dog is rabid. E. A dangerous dog running at large, which because of its disposition or diseased condition is too hazardous to apprehend, may be destroyed by a peace officer, dog control officer or by a person acting in defense of self, family or another person. [Ord. 1147 (part), 1986: prior code § 42.115] §6.6.8 Redemption of impounded dogs- Cost. Should the owner of a dog impounded for running at large desire its release, the owner shall pay an impound fee as is established from time to time by resolution of the city council. Any owner redeeming an impounded dog shall pay in addition to the impound fee, the total of the daily care expenses accrued during the impound period plus any other expenses incurred in the keeping of the dog. [Ord. 1147 (part), 1986: prior code § 42.120] §6.6.9 Dangerous dogs. A. No person owning or harboring or having the care of a dangerous dog shall suffer or permit such animal to go unconfined on the premises of such person. B. No person owning or harboring or having the care of a dangerous dog shall suffer or permit such dog to go beyond the premises of such person unless such dog is securely leased and muzzled or otherwise securely restrained and muzzled. [Ord. 1147 (part), 1986: prior code § 42.125] §6.6.10 Dangerous dogs-Sale prohibited. It is unlawful for any person to sell to any other person a dangerous dog within the city limits. [Ord. 1147 (part), 1986: prior code § 42.130] §6.6.11 Biting dogs-City to be notified. A. The owner of a dog which bites a human being shall immediately notify the city of such bite, giving the name and address of the person bitten, if known. B. Any person who is bitten by a dog shall forthwith notify the city of such bite, giving a description of the dog and the name and address of the owner, if known. C. When a doctor, veterinarian or hospital employee has information that a person has been bitten by a dog, such person shall forthwith notify the city. [Ord. 1147 (part), 1986: prior code § 42.140] §6.6.12 Kennel permit-Conditions for issuance. A household or member thereof is allowed to keep between three to seven dogs which are over four months of age only after obtaining a kennel license from the city. In addition to a finding that there will be no material impact on the surrounding neighborhood, an applicant shall provide proof that the following conditions have been met prior to issuance of a license: A. Payment of an annual regulatory license fee, in addition to the license fees established for each individual dog, such fee to be established by resolution of the city council; B. Submission of the person's premises used for the keeping of dogs to an annual inspection by the city or city designee; C. Maintenance of humane conditions of shelter, exercise, food, water and sanitary standards in accordance with Humane Society standards, such standards to meet the following minimum requirements: 1. Housing structures shall be dry and adequately sealed to prevent cold air and moisture from entering the enclosure; shall be sound and maintained in good repair to protect the animals from injury and to prevent entry of other animals that may be dangerous to the dogs. 2. Outdoor facilities shall provide protective shading and adequate shelter areas designed to minimize harmful exposure to weather conditions. 3. The primary enclosure for dogs shall be of sufficient size to permit each dog to stand freely, sit, turn about and lie in a comfortable normal position. 4. When restraining devices are used in connection with a primary enclosure intended to permit movement outside the enclosure, such device shall be installed in a manner to prevent entanglement with the devices or other animals or objects and shall be fitted to the dog by a harness or well-fitted collar, other than a choke type collar, and shall not be shorter than six feet or less than three times the length of the animal as measured from the tip of its nose to the base of its tail, whichever length is greater. 5. Excrement shall be removed from primary enclosures and areas as often as necessary to prevent contamination, reduce disease hazards and minimize odors. Storage of food supplies and bedding materials shall be designed to prevent vermin infestation. D. The license granted above is personal in nature to the grantee and shall not be transferable. [Ord. 1224 § 3, 1991: Ord. 1214 § 4, 1990: prior code § 42.210] §6.6.13 Kennel permits-Requests treated as a land use action. Requests to grant, deny, revoke or modify any kennel permits authorized by this chapter shall be treated as a land use action, shall be administered by the city planner, and shall be acted upon in accordance with the provisions of Subchapter 11 of the Independence Zoning Code pertaining to application, notice, hearing and appeal, with the exception that a hearings officer appointed by the City Manager shall hear and decide the requests rather than the planning commission. Appeals shall be made first to the planning commission and then to the city council in the same manner as appeals of land use matters. [Ord. 1224 § 1, 1991: prior code § 42.190] §6.6.14 Kennel permits-Standards for granting, denying or revoking. A. A kennel license shall be issued only upon a finding that the dogs will not materially impact the neighborhood in which the kennel would be located. Requests to grant, deny or revoke or modify kennel permits shall be evaluated by considering impacts on the surrounding neighborhood, including, but not limited to, the number of dogs in relation to the density and number of people surrounding the applicant's property, the size of the space in which the animals will be contained, provisions for the health and safety of the animals, the size and type of dogs, and prior complaints about or convictions of applicants relating to animal husbandry. B. Receipt by the city of two or more signed complaints from persons in separate premises regarding violation of any of the provisions of this chapter or of the city's nuisance ordinance within any six-month period prior to application for a kennel permit shall be grounds for denial of the permit, in addition to any other remedy authorized by law. C. Receipt by the city of two or more signed complaints from persons in separate premises regarding violation of any of the provisions of this chapter or the city's nuisance ordinance within any six-month period shall be grounds for the city or any interested person to file an application to revoke or modify a kennel permit, in addition to any other remedy authorized by law. D. The city shall maintain records of all dog complaints for a period of five years. [Ord. 1224 § 2, 1991: prior code § 42.200] §6.6.15 Commercial kennels prohibited when. No person may maintain a commercial kennel in a residential zone or in any location except a commercial zone which lists as a permitted use an animal kennel and which is at least one thousand feet from the nearest residential use of land. Commercial kennel permit fees shall be set by resolution of the city council. [Ord. 1214 § 5, 1990: prior code § 42.220] §6.6.16 Appeal. Any dog owner, believing him or herself aggrieved by the seizure and impounding of his or her dog, may apply to the municipal judge for the release of such dog, provided such appeal is filed within three days of the date of the seizure and impound, and the municipal judge shall thereupon set a time and place for hearing such application and notify the chief of police; and upon a summary hearing at such time and place, the municipal judge shall have full power to determine whether the dog has been wrongfully impounded and whether it shall be returned to its owner and upon what terms. [Ord. 1214 § 11, 1990: Ord. 1147 (part), 1986: prior code § 42.145] Title 7 (Reserved) Title 8 HEALTH AND SAFETY Chapter 8.1 Reserved for Expansion Chapter 8.2 Reserved for Expansion Chapter 8.3 Reserved for Expansion Chapter 8.4 NUISANCES Article I. Definitions §8.4.1 Definitions. “Person in charge of property” means an agent, occupant, lessee, contract purchaser or person, other than the owner, having possession or control of the property. “Public place” means a building, place or accommodation, whether publicly or privately owned, open and available to the general public. [Prior code § 41.110) Article II. Animals and Fowl §8.4.2 Animals afflicted with a communicable disease. No person may permit an animal or bird owned or controlled by the person to be at large within the city if the animal or bird is afflicted with a communicable disease. [Prior code § 41.210] §8.4.3 Dangerous animals. No person may permit a wild or domesticated dangerous animal to run at large. [Prior code § 41.220] §8.4.4 Livestock and poultry. A. No person may maintain a pigsty, slaughterhouse or tannery, or permit livestock or poultry owned by the person to run at large within the city. The provisions of this section shall not apply to persons keeping cats, dogs or other household pets. B. Livestock, poultry or other animals or fowls running at large in the city shall be taken up and impounded by a police officer and disposed of in accordance with the procedure provided by ordinance for the disposition of abandoned vehicles. [Prior code § 41.230] §8.4.5 Removal of carcasses. No person may permit any fowl or animal carcasses owned by the person or under the person's control to remain upon the public streets or places, or to be exposed on private property, for a period of time longer than is reasonably necessary to remove or dispose of such carcass. [Prior code § 41.240] §8.4.6 Rats. No person owning or occupying property within the city shall allow a condition to exist upon the property which condition attracts wild rats, gives wild rats access to food, or creates shelter accessible to wild rats. Such prohibited conditions shall include, but are not limited to the following: A. Keeping of any animal so that feces, refuse, food or shelter associated with the keeping of the animal affords food or shelter to wild rats. B. Allowing any accumulation of rubbish, trash, junk or other material which by reason of its decayed or unused condition affords shelter to wild rats. [Prior code § 41.250] Article III. Nuisances Affecting Public Health §8.4.7 Designated. No person may permit or cause a nuisance affecting public health. The following are nuisances affecting the public health and may be abated as provided in this chapter: 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 Dept. of Environmental Quality regulations. B. Debris on Private Property. Accumulations of debris, rubbish, manure and other refuse located on private property that are not removed within a reasonable time and that affect the health, safety or welfare of the city. 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 such 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. 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. [Prior code § 41.310] Article IV. Nuisances Affecting Public Safety §8.4.8 Abandoned iceboxes. No person may leave in a place accessible to children an abandoned, unattended or discarded icebox, refrigerator or similar container which has an airtight door with a lock, snap lock or other mechanism which may not be released for opening from the inside, without first removing such lock or door from such icebox, refrigerator or similar container. [Prior code § 41.410] §8.4.9 Attractive nuisances. No owner or person in charge of property may permit: A. Unguarded machinery, equipment or other devices on such property which are attractive, dangerous and accessible to children; B. Lumber, logs or piling placed or stored on such property in a manner so as to be attractive, dangerous and accessible to children; C. An open pit, quarry, cistern or other excavation without erecting adequate safeguards or barriers to prevent such places from being used by children; D. This section shall not apply to authorized construction projects, if during the course of construction reasonable safeguards are maintained to prevent injury or death to playing children. [Prior code § 41.420] §8.4.10 Snow and ice removal. No owner or person in charge of property, improved or unimproved, abutting on a public sidewalk may permit: A. Snow to remain on the sidewalk for a period longer than the first two hours of daylight after the snow has fallen; B. Ice to cover or remain on a sidewalk, after the first two hours of daylight after the ice has formed. Such person shall remove ice accumulating on the sidewalk or cover the ice with sand, ashes or other suitable material to assure safe travel. [Prior code § 41.430] §8.4.11 Weeds, grass and noxious vegetation. A. Definitions. For purposes of this section the following definitions apply: “Noxious vegetation” means: 1. Poison oak; 2. Poison ivy; 3. Blackberry bushes that extend into public property or across a property line; 4. Vegetation that is: a. A health hazard, b. A fire hazard, c. A traffic hazard because it impairs the view of a public thoroughfare or otherwise makes use of the thoroughfare hazardous; 5. Weeds or grass more than ten inches high; 6. Weeds or grass going to seed; 7. Noxious vegetation does not include agricultural crop grown on property zoned for agricultural purposes, unless that crop is a health, traffic or fire hazard. “Person in charge of property” means an agent, occupant, lessee, contract purchaser or person, other than the owner, having possession or control of the property. B. Noxious vegetation is declared to be a nuisance. C. Owner Responsibility. No owner or person in charge of property may allow noxious vegetation to be on the person's or her property or on the parking strip or sidewalk area abutting the property. It is the duty of an owner or person in charge of property to cut down or to destroy noxious vegetation. D. Notice to Abate. 1. Upon determination by the City Manager or the person's or her designate that noxious vegetation exists on any property, the City Manager shall cause a notice to be mailed to the owner or the person in charge of the property. 2. The notice to abate shall contain: a. A statement that noxious vegetation exists on the property; b. A description of the real property, by street address or otherwise, on which or adjacent to which the noxious vegetation exists; c. A direction to abate the noxious vegetation within seven days from the date of the notice; d. A statement that unless the vegetation is removed within seven days from the date of the letter the city will abate the nuisance and will charge the costs of abatement to the property owner; e. A statement that the owner or person in charge of the property may protest the abatement by giving notice to the City Manager within five days from the date of the notice. 3. An error in the name or address of the owner or person in charge of the property shall not make the notice void if the error was caused by the owner or person in charge of the property failing to notify the city of their correct name and address. 4. Abatement by the Owner. a. Within the time allowed in this section the owner or person in charge of the property shall remove the noxious vegetation or show that no nuisance exists. b. The owner or person in charge of property protesting that no noxious vegetation in fact exists shall file with the City Manager a written statement which shall specify the basis for so protesting. Based upon a physical inspection of the property the City Manager or designate shall make a written determination of whether or not the noxious vegetation exists. Should the City Manager determine that a nuisance does exist, the owner or person in charge of the property may either abate the vegetation within five days after notice of the City Manager's decision or may appeal the decision to the city council by filing a written notice of appeal with the City Manager within five days from the date of the decision. If the council determines that noxious vegetation does in fact exist, the owner or person in charge of the property shall, within five days after the council determination, abate the noxious vegetation. 5. Abatement by the City. a. If the noxious vegetation has not been removed within the time permitted, the City Manager shall cause the vegetation to be removed. The officer charged with abatement shall have the right to enter into or investigate or cause the removal of the noxious vegetation. b. The cost of abatement shall be charged at the actual costs incurred by the city, including but not limited to costs of removal of the noxious vegetation, administrative costs and certified or registered letter mailing costs. 6. Assessment of Costs. The City Manager, by registered or certified mail shall forward to the owner or person in charge of the property a notice stating the total amount of the cost of abatement. If the costs of the abatement are not paid by the owner or person in charge of the property within thirty days from the date of the notice of costs, the city may take whatever lawful means available to collect the costs. [Ord. 1283 § 1, 1993: prior code § 41.440] §8.4.12 Scattering rubbish. No person may throw, dump or deposit upon public or private property an injurious or offensive substance or any kind of rubbish, trash, debris, refuse or any substance that would mar the appearance, create a stench, detract from the cleanliness or safety of such property, or would be likely to injure an animal, vehicle or person traveling upon a public way. [Prior code § 41.450] §8.4.13 Accumulation of objects. It is unlawful for any person to place, leave, store, dump or permit the accumulation on any open lot or other premises, any lumber, yard debris, boxes, barrels, bricks, stones, scrap metal, motor vehicle bodies or parts, or similar materials, rubbish or any articles of junk, which are not removed within fourteen days and that affect the health, safety or welfare of the city. Excepted from this prohibition are construction materials for ongoing construction projects, neatly stacked firewood and compost piles consisting of vegetable matter. [Prior code § 41.455] §8.4.14 Fences. A. No person may construct or maintain a barbed-wire fence or allow barbed wire to remain as a part of a fence along a sidewalk or public way, unless such wire is placed not less than six inches above the top of a board or picket fence which is not less than six feet high. B. No person may install, maintain or operate an electric fence along a street or sidewalk, or along the adjoining property line of another person. [Prior code § 41.470] §8.4.15 Surface waters and drainage. A. No owner or person in charge of any building or structure may suffer or permit rainwater, ice or snow to fall from such building or structure on to a street or public sidewalk or to flow across such 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 such building is not carried across or upon the sidewalk. [Prior code § 41.480] Article V. Nuisances Affecting the Public Peace §8.4.16 Radio and television interference. A. No person may operate or use an electrical, mechanical or other device, apparatus, instrument or machine that causes reasonably preventable interference with radio or television reception; provided, that the radio or television receiver interfered with is of good engineering design. B. This section does not apply to electrical and radio devices licensed, approved and operated under the rules and regulations of the Federal Communications Commission. [Prior code § 41.510] §8.4.17 Unnecessary noise. No person may 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. [Prior code § 41.520] §8.4.18 Loud, disturbing and unnecessary noises designated. Loud, disturbing and unnecessary noises in violation of 0 include but are not limited to the following: A. The keeping of any bird or animal which, by causing frequent or long-continued noise, shall disturb the comfort and repose of any person in the vicinity; B. The attaching of a bell to an animal or allowing a bell to remain on an animal; C. 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; E. 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; F. The use of a mechanical device operated by compressed air, steam or otherwise, unless the noise thereby created is effectively muffled; G. The erection, including excavation, demolition, alteration or repair of a building in residential districts, other than between the hours of seven a.m. and six p.m., except in case of urgent necessity in the interest of public welfare and safety and then only with a permit granted by the city recorder for a period not to exceed ten days. Such permit may be renewed for periods of five days while such emergency continued 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 any building between the hours of six p.m. and seven a.m. and if the council shall further determine that loss or inconvenience would result to any person unless such work were permitted within those hours, the council may grant permission for such work to be done within the hours of six p.m. and seven a.m. upon application therefor being made at the time the permit for the work is awarded or during the progress of the work. The actual owner of property may do work on property actually occupied by the person between the hours of six p.m. and ten p.m. without obtaining a permit as herein required; H. The use of a gong or siren upon a vehicle, other than police, fire or other emergency vehicle; I. 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; J. The discharge in the open air of the 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; K. The use or operation of an automatic or electric piano, phonograph, gramophone, victrola, radio, television, 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 council, permits may be granted 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 outstanding events of a noncommercial nature. The broadcast or amplification shall not be audible for a distance of more than one thousand feet from the instrument, speaker or amplifier and in no event shall a permit be granted where any obstruction to the free and uninterrupted traffic, both vehicular and pedestrian, will result; L. The making of a noise by crying, calling or shouting or by means of a whistle, rattle, 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; M. The conducting, operating or maintaining of a garage within one hundred feet of a private residence, apartment, roominghouse or hotel in such manner as to cause loud or disturbing noises to be emitted therefrom between the hours of eleven p.m. and seven a.m. [Prior code § 41.525] §8.4.19 Notices and advertisements. A. No person may affix or cause to be distributed any placard, bill, advertisement or poster upon real or personal property, public or private property, without first securing permission from the owner or person in control of the property. This section shall not be construed as an amendment to or a repeal of any regulation now or hereafter adopted by the city regarding the use of and the location of signs and advertising. B. No person, either as principal or agent, may scatter, distribute or cause to be scattered or distributed on public or private property any placards, advertisements or other similar material. C. This section does not prohibit the distribution of advertising material during a parade or approved public gathering. [Prior code § 41.530] §8.4.20 Nuisances subject to abatement. A. The acts, conditions or objects specifically enumerated and defined in Sections 0 through 0 are declared to be public nuisances and such acts, conditions or objects may be abated by any of the procedures set forth in Sections 0 through 0 of this chapter. B. In addition to those 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 to be a nuisance and may be abated as provided in this chapter. [Prior code § 41.540] Article VI. Abatement Procedure §8.4.21 Abatement notice-Posting. Upon determination by the council that a nuisance as defined in this or any other ordinance of the city exists, the council shall forthwith cause a notice to be posted on the premises where the nuisance exists, directing the owner or person in charge of the property to abate such nuisance. [Prior code § 41.610] §8.4.22 Notice to owner. At the time of posting, the city recorder shall cause a copy of such notice to be forwarded by registered or certified mail, postage prepaid, to the owner or/and person in charge of the property at the last-known address of such owner or other person. At a minimum, the City shall utilize the records of the Polk County Assessor or the City utility department to determine the last known address.(Prior code § 41.615] §8.4.23 Notice-Contents. The notice to abate shall contain: A. A description of the real property, by street address or otherwise, on which such nuisance exists; B. A direction to abate the nuisance within five days from the date of the notice; C. A description of the nuisance; D. A statement that unless such nuisance is removed the city may abate the nuisance and the cost of abatement shall be a lien against the property; E. A statement that the owner or other person in charge of the property may protest the abatement by giving notice to the city recorder within five days from the date of the notice. [Prior code § 41.620] §8.4.24 Certificate of mailing and posting. Upon completion of the posting and mailing, the person posting and mailing the notice shall execute and file a certificate stating the date and place of such mailing and posting. [Prior code § 41.625] §8.4.25 Sufficiency of posted notice. An error in the name or address of the owner or person in charge of the property or the use of a name other than that of the owner or other person shall not make the notice void and in such a case the posted notice shall be sufficient. [Prior code § 41.630] §8.4.26 Abatement by owner. A. Within five days after the posting and mailing of the notice as provided in Section 0, the owner or person in charge of the property shall remove the nuisance or show that no nuisance exists. B. The owner or person in charge protesting that no nuisance exists shall file with the city recorder a written statement which shall specify the basis for so protesting. C. The statement shall be referred to the council as a part of the council's regular agenda at the next succeeding meeting. At the time set for consideration of the abatement, the owner or other person may appear and be heard by the council and the council shall thereupon determine whether or not a nuisance in fact exists and such determination shall be entered in the official minutes of the council. Council determination shall be required only in those cases where a written statement has been filed as provided. D. If the council determines that a nuisance does in fact exist, the owner or other person shall, within five days after such council determination, abate such nuisance. [Prior code § 41.640] §8.4.27 Abatement by the city. A. If within the time allowed the nuisance has not been abated by the owner or person in charge of the property, the council may cause the nuisance to be abated. B. The officer charged with abatement of such nuisance shall have the right at reasonable times to enter into or upon property to investigate or cause the removal of a nuisance. C. The city recorder shall keep an accurate record of the expense incurred by the city in abating the nuisance and shall include therein a charge of twenty percent of the expense for administrative overhead. [Prior code § 41.650] §8.4.28 Assessment of costs. The city recorder, by registered or certified mail, postage prepaid, shall forward to the owner or person in charge of the property a notice stating: A. The total cost of abatement including the administrative overhead; B. That the cost as indicated will be assessed to and become a lien against the property unless paid within thirty days from the date of the notice; C. That if the owner or person in charge of the property objects to the cost of the abatement as indicated, the objector may file a notice of objection with the city recorder not more than ten days from the date of the notice. [Prior code § 41.660] §8.4.29 Objections to assessment. Upon the expiration of ten days after the date of the notice, the council in the regular course of business shall hear and determine the objections to the costs to be assessed. [Prior code § 41.665] §8.4.30 City liens. If the costs of the abatement are not paid within thirty days from the date of the notice, an assessment of the costs as stated or as determined by the council shall be made by resolution and shall thereupon be entered in the docket of city liens, and, upon such entry being made, shall constitute a lien upon the property from which the nuisance was removed or abated. [Prior code § 41.670] §8.4.31 Lien enforcement. The lien shall be enforced in the same manner as liens for street improvements are enforced, and shall bear interest at the maximum rate allowed by law, or such lesser rate as the City Manager may from time to time provide. Such interest shall commence to run from the date of entry of the lien in the lien docket. [Prior code § 41.675] §8.4.32 Assessment error. An error in the name of the owner or person in charge of the property shall not void the assessment nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against the property. [Prior code § 41.680] §8.4.33 Summary abatement. The procedure provided by this chapter is not exclusive but is in addition to procedure provided by other ordinances. The City Manager, or such other persons as the City Manager may designate, may proceed to abate a health or other nuisance which unmistakably exists and from which there is an imminent danger to human life or property. The cost of such summary abatement shall be assessed against the owner of the real property on which the nuisance exists, shall be a lien against the real property and may be enforced and collected by the same procedures as set forth in this chapter for abatement and assessment. [Prior code § 41.710] Article VII. Violations §8.4.34 Violation-Penalty. A. Each day's violation of a provision of this chapter constitutes a separate offense. B. The abatement of a nuisance is not a penalty for violating this chapter, but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate a nuisance. [Prior code § 41.720] Chapter 8.5 Reserved for Expansion Chapter 8.6 Reserved for Expansion Chapter 8.7 Reserved for Expansion Chapter 8.8 OZONE-DEPLETING COMPOUNDS §8.8.1 City policy. The city council finds and declares that it is the policy of the city to reduce the use of ozone-depleting compounds, to recycle them and to encourage the substitution of less harmful substances. [Ord. 1209 § 1, 1990] §8.8.2 Use prohibited. The use of any ozone-depleting compound in the manufacture, production, cleansing, degreasing or sterilizing of any substance or product is prohibited effective on or before January 1, 1991. [Ord. 1209 § 2, 1990] §8.8.3 CFC coolant prohibited. The sale of CFC coolant for motor vehicles in containers weighing less than fifteen pounds, handheld halon fire extinguishers for home use, party streamers and noisemakers containing CFCs, disposable containers of chilling agents containing CFCs, food containers or other food packaging made of polystyrene foam containing CFCs, and CFC-containing fluids used in motor vehicle air conditioners, is prohibited effective on or before January 1, 1991. [Ord. 1209 § 3, 1990)8.08.040Recycling, recovery and proper disposal] The city will enter into timely negotiations with the recycling franchisee and other interested parties to institute and promote a program for recycling, recovery and proper disposal of plastics and ozone-depleting compounds. [Ord. 1209 § 4, 1990] §8.8.4 Conservation of fossil fuels and use of alternative fuels encouraged. The city council finds and declares that it is the policy of the city to encourage the conservation of fossil fuels, such as coal, oil and natural gas, and encourage the use of alternative fuels and renewable energy sources such as solar, wind, geothermal, biomass and hydroelectric power. [Ord. 1209 § 5, 1990] §8.8.5 Tree-planting and conservation program to be implemented. The city will implement, by separate ordinance, a program of tree-planting and conservation of existing trees to counteract greenhouse gas buildup. [Ord. 1209 § 6, 1990] Chapter 8.9 Reserved for Expansion Chapter 8.10 Reserved for Expansion Chapter 8.11 Reserved for Expansion Chapter 8.12 PRIVATE ALARM SYSTEMS §8.12.1 Definitions. As used in this chapter, the following definitions shall apply: “Alarm” means any mechanical or electrical device or assembly of equipment, designed or arranged to signal the occurrence of an illegal entry or other activity requiring urgent attention and to which the police are expected to respond. “Alarm user” means any person, firm, partnership or corporation of any kind in control of any building, premises, structure or facility upon which an alarm is maintained. “False alarm” means an alarm signal to which the city police respond with any emergency service personnel or equipment when a situation requiring a response by the police does not in fact exist and which signal is caused by the inadvertence, negligence or intentional act or omission of an alarm user, or a malfunction of the alarm. The following shall not be considered false alarms: 1. Alarms caused by the testing, repair or malfunction of telephone equipment or lines, where the Independence police department has been notified in advance of the testing or repair; 2. Alarms caused by an Act of God, including earthquakes, floods, windstorms, thunder or lightning; 3. Alarms caused by an attempted illegal entry of which there is visible evidence; 4. Alarms caused by the testing, repair or malfunction of electrical utility equipment or lines, where the Independence police department has been notified in advance of the testing or repair. [Ord. 1208 § 1, 1990] §8.12.2 False alarm response-Fees. Alarm users shall pay a fee for each false alarm response by the city police during a calendar year according to a fee schedule established by resolution of the city council from time to time. [Ord. 1208 § 2, 1990] §8.12.3 Customer response time. The chief of police, at the person's or her discretion, is authorized to charge, in addition to the false alarm fee, actual costs incurred by the Independence police department for all time spent by the Independence police department fifteen minutes after notification, or attempted notification, of the owner or authorized representative of the premises. [Ord. 1208 § 3, 1990] Chapter 8.13 Reserved for Expansion Chapter 8.14 Reserved for Expansion Chapter 8.15 Reserved for Expansion Chapter 8.16 RATPROOFING §8.16.1 Definitions. For the purposes of this chapter the following definitions apply: Building. The term “building” means any structure or dwelling, whether public or private, which is devoted to or designed for occupancy, or for the transaction of business, for the rendering of professional service, for amusement, for the display, sale or storage of goods, wares or merchandise, or for the performance of work or labor, including hotels, apartment buildings, roominghouses, motels, office buildings, public buildings, stores, theaters, markets, restaurants, grain elevators, abattoirs, warehouses, workshops, factories and all other houses, outhouses, sheds, barns and other structures on premises used for business or dwelling purposes, whether the same be occupied or not. Health Officer. The term “health officer” means the city health officer, commissioner, director of health or any duly authorized representative. Occupant. The term “occupant” means the individual, partnership or corporation using or occupying any building or part thereof, whether owner or lessee. In the case of a vacant building, the term “occupant” means the owner or the person who as agent of the owner undertakes to care for the same for the owner. Owner. The term “owner” means the actual owner or owners of a building within the city, whether individuals, partnerships or corporations and the agent thereof, and also the lessee or lessees thereof when, under the terms of a lease, the lessee is responsible for maintenance and repairs. Rat Eradication. The term “rat eradication” means the elimination or extermination of rats within buildings of any kind by any or all measures such as poisoning, fumigation, trapping or clubbing. Rat Harborage. The term “rat harborage” means any condition which provides shelter or protection for rats, thus favoring their multiplication and continued existence in, under or outside a building of any kind. Ratproofing. The term “ratproofing,” as used in this chapter applies to a form of construction to prevent the ingress of rats into buildings from the exterior or from one building to another. It consists essentially of the closing of all actual or potential openings in the exterior walls, ground or first floors, basements, roofs and foundations, that may be reached by rats from the ground by climbing or by burrowing, with material or equipment impervious to rat gnawing. [Prior code § 40.110] §8.16.2 Requirement of rat-free buildings. It is ordained and required that all buildings or structures in the city shall be freed of rats and maintained in a rat-free condition to the satisfaction of the health officer. [Prior code § 40.120] §8.16.3 Rat eradication upon notice of health officer. That whenever the health officer notifies the occupant or occupants of a building in writing that there is evidence of rat infestation of the building, the occupant or occupants shall immediately institute rat eradication measures and shall continuously maintain such measures in a satisfactory manner until the premises are declared by the health officer to be free of rat infestation. Unless such measures are undertaken within five days after receipt of notice, it shall be construed as a violation of the provisions of this chapter and occupant shall be held responsible therefor. [Prior code § 40.125] §8.16.4 Time limitation. Whenever the health officer notifies the owner of any building in writing that there is evidence of the need of ratproofing the building, the owner shall take immediate measures for ratproofing the building, and unless such work and improvements have been completed by the owner in the time specified in the written notice, in no event to be less than fifteen days, or within the time to which a written extension may have been granted by the health officer, then the owner shall be deemed guilty of an offense under the provisions of this chapter. [Prior code § 40.130] §8.16.5 Maintenance of buildings. The owner, agent or occupant in charge of all rat-freed and/or ratproofed buildings or structures shall maintain them in a rat-free and/or ratproof condition and repair all breaks or leaks that may occur in the ratproofing without a specific order of the health officer. [Prior code § 40.135] §8.16.6 Removal of ratproofing unlawful. It is unlawful for the owner, occupant, contractor, public utility company, plumber or any other person to remove the ratproofing from any building or structure for any new openings that are not closed or sealed against the entrance of rats. [Prior code § 40.140] §8.16.7 Removal of harborage required. Whenever conditions inside or under any building or structure provide such extensive harborage for rats that the health officer deems it necessary to eliminate such harborage, the health officer may require the owner or occupant in charge of any such building or structure to install suitable cement floors in basements, or require such owner or occupant to correct such rat harborage as may be necessary in order to facilitate the eradication of rats. [Prior code § 40.145] §8.16.8 Storage of food for animals. All food and feed within the city for feeding chickens, cows, pigs, horses and other animals shall be stored in rat-free and ratproof containers, compartments or rooms unless stored in a ratproof building. [Prior code § 40.150] §8.16.9 Accumulation of garbage and wastes unlawful. It is unlawful for any person to place, leave, dump or permit to accumulate any garbage or trash in any building, structure or premises so that the same shall afford food or harborage for rats, or to dump or place on any premises, land or waterway any dead animals or waste vegetable or animal matter of any kind. [Prior code § 40.155] §8.16.10 Accumulation of objects unlawful. It is unlawful for any person to accumulate or permit the accumulation on any open lot, or other premises, any lumber, boxes, barrels, bricks, stones, scrap metal, motor vehicle bodies or parts, or similar materials, rubbish or any articles of junk, which provide rat harborage, unless the same shall be placed on open racks that are elevated not less than eighteen inches above the ground, evenly piled or stacked. [Prior code § 40.160] §8.16.11 Inspections. The health officer is empowered to make such inspections of the interior and exterior of any building or structure as, in the person's opinion, may be necessary to determine full compliance with this chapter, and the health officer may make periodic inspections at intervals of not more than forty-five days of all ratproofed buildings to determine evidence of rat infestation and the existence of new breaks or leaks in the ratproofing. When any evidence is found indicating the presence of rats or openings through which rats may enter such buildings again, the health officer shall serve the owner or occupants with written notice to abate the conditions found. [Prior code § 40.165] §8.16.12 Adoption of rules, regulations and standards. The health officer is empowered to adopt rules, regulations and standards in aid of the construction and enforcement of this chapter which are not inconsistent with the terms and provisions thereof. [Prior code § 40.170] §8.16.13 New buildings. Every building hereafter constructed in the city shall be ratproof. A ratproof building is one constructed to such a manner and of such material as to prevent the ingress of rats. [Prior code § 40.175] Chapter 8.17 Reserved for Expansion ` Chapter 8.18 Reserved for Expansion Chapter 8.19 Reserved for Expansion Chapter 8.20 SOLID WASTE MANAGEMENT* *Prior history: Prior code §§ 69.010-69.180. §8.20.1 Short title. The ordinance codified in this chapter shall be known as the “Solid Waste Management and Recycling Ordinance” and may be so cited and pleaded and shall be cited as “this chapter.” [Ord. 1246 § 1 (part), 1992] §8.20.2 Purpose, policy and scope. This chapter is adopted under the municipal authority of the city and for and on behalf of the state of Oregon to carry out the purposes of ORS Chapter 459 and the State Solid Waste Management Plan in order to protect the health, safety, welfare and environment and to conserve energy and natural resources within the city; to provide the opportunity to recycle; to protect against improper and dangerous handling of hazardous wastes; and to otherwise provide for solid waste management. It is declared to be the public policy of the city to regulate solid waste management to: A. Establish priorities on managing solid waste to reduce the amount of solid waste generated; reuse material for the purpose for which it was originally intended; recycle the material that cannot be reused; compost material that cannot be reused or recycled; to otherwise recover material where possible; and to assure that the remaining wastes will be disposed of in a manner that fully meets all requirements of state law and the Department of Environmental Quality; B. Provide the opportunity to recycle as part of the overall solid waste collection system by taking advantage of coordinated area-wide service, promotion, education and marketing; C. Encourage research and demonstration projects in recycling, reuse, composting, resource recovery and solid waste management generally by and through the franchisee with technical assistance of other persons; D. Ensure safe, economical and comprehensive solid waste service; E. Ensure rates that are just, fair, reasonable and adequate to provide necessary public service and to prohibit rate preferences and other discriminatory practices; F. Provide for technologically and economically feasible reuse, recycling and other resource recovery; G. Provide standards for solid waste service and public responsibilities; H. Prevent overlapping service to reduce truck traffic, street wear, air pollution and noise; I. Insure maintenance of a financially stable, reliable solid waste collection, disposal and resource recovery service. [Ord. 1246 § 1 (part), 1992)8.20.030Definitions] A. For the purposes of this chapter, the words set out in this section shall have the following meanings: “Council” means the city council of the city. “Franchisee” is any person or persons granted a franchise to do any activity regulated by this chapter. “Hazardous waste” means any wastes defined as hazardous wastes by or pursuant to ORS Chapter 466; or defined as hazardous wastes by another governmental unit having jurisdiction; or found by the franchisee and the city to be hazardous to service workers, to service equipment or to the public. “Person” means an individual, partnership, association, corporation, trust, firm, estate or other private legal entity. “Resource recovery” means the process of obtaining useful material or energy resources from solid waste, including energy recovery, materials recovery, composting, recycling or reuse of solid waste. “Service” means the collection, transportation, reuse, recycling, composting or other resource recovery from or disposal of solid waste. “Service area” means the city and, subject to ORS 459A.055, any area annexed after the effective date of this chapter. “Solid waste” means all putrescible and nonputrescible waste, including, but not limited to, garbage, rubbish, refuse, ashes and swill; waste paper, corrugated or cardboard; grass clippings and yard debris; compost; residential, commercial, industrial, demolition and construction wastes; discarded residential, commercial and industrial appliances, equipment and furniture; discarded, inoperable or abandoned vehicles or vehicle parts and vehicle tires; manure, vegetable or animal solid or semisolid waste, dead animals, infectious waste as defined in ORS 459.386 and all other wastes not excepted by this subsection. Solid waste does not include: 1. Hazardous waste as defined in this section; 2. Sewer sludge and septic tank and cesspool pumping or chemical toilet waste; 3. Reusable beverage containers as defined in ORS 459A.725. “Waste” means material that is no longer usable by or that is no longer wanted by the source of the material, which material is to be disposed of or to be reused, recycled, composted or otherwise resource recovered by another person. B. The fact that all or any part of the materials which would otherwise come within the definition of “waste” may have value and thus be reused, recycled or otherwise recovered does not remove them from this definition. C. The fact that the source, generator or producer of materials has separated or segregated such material from other waste does not remove the materials from this definition. [Ord. 1246 § 1 (part), 1992] §8.20.3 Exemptions. Nothing in this chapter requires a franchise from the following persons for the following businesses or practices: A. The collection, transportation and reuse of repairable or cleanable discards by a private charitable organization regularly engaged in such business or activity including, without limitation; Salvation Army, St. Vincent De Paul, Goodwill and similar organizations; B. Any religious, charitable, nonprofit, governmental, educational, benevolent or fraternal organizations including a church, school or youth organization which organization was not organized for any solid waste purpose and which organization is using the activity for fund raising. Any such organization who has not applied for a permit from the City Manager within one year may, after applying for and receiving a permit from the City Manager collect, transport and reuse or recycle totally source-separated materials for a limited duration for a limited activity provided such activity has no significant impact on any franchisee under this chapter. Containers for deposit of waste maintained by a charitable, civic or benevolent activity for the purpose of receiving material for recycling or reuse shall be designed and maintained so that no such material may be deposited outside the containers at any time, the immediate site must be kept free of materials intended to be within the container; the container must be clearly identified with the name of the sponsoring organization and a telephone number to be contacted if problems arise regarding the container; C. The collection, transportation or redemption of returnable beverage containers under ORS Chapter 459 and that portion thereof commonly known as the Bottle Bill; D. The generator or producer who transports and disposes of waste created as an incidental part of regularly carrying on the business of service of auto wrecking, to the extent licensed by the state of Oregon; demolition, land clearing or construction; janitorial service; gardening, park maintenance or landscaping service; street sweeping; auto body recovery; or septic tank pumping and sludge collection. “Janitorial service” does not include cleanup of accumulated or stored wastes. This subsection does not include the collection, transportation or disposal of accumulated or stored wastes generated or produced by other persons; E. The transportation by a person of solid waste generated or produced by such persons directly to an authorized disposal site, resource recovery site or market, from the site at which it is produced in a vehicle with a gross vehicle axle weight rating of no more than ten thousand pounds. In the case of nonowner-occupied property, the waste is generated or produced and is owned by the occupant and not the landlord, property owner or association of property owners, or the agent of such landlord, property owner or association. [Ord. 1246 § 1 (part), 1992] §8.20.4 Franchise, nonexclusive. The city shall grant nonexclusive franchises to the providers of service as defined in this chapter. The rights and privileges of a franchisee to provide all or a portion of the service within the city limits shall include areas hereafter annexed to the city and for the purpose of the franchise, the right to use the streets and alleys of the city to the extent necessary to enjoy the beneficial use of the franchise. [Ord. 1246 § 1 (part), 1992] §8.20.5 Practices prohibited without a franchise. Unless exempted by Section 00 of this chapter or franchised pursuant to this chapter, no person shall: A. Solicit customers for service; B. Advertise the providing of service; or C. Provide service in the city. [Ord. 1246 § 1 (part), 1992] §8.20.6 Franchise fee. In consideration of the franchise granted by this chapter, the franchisee shall pay to the city five percent of gross receipts for the rights, privileges and licenses to operate upon and use the city streets, alleys and public ways, such sums to be paid semiannually based upon reports required by 8.20.090(A) (5). The franchise fee established in this section shall be reviewed every five years. Portions of the franchise fee may be returned to franchisee based upon preauthorized, documented amounts spent by franchisee for promotion of recycling. [Ord. 1246 § 1 (part), 1992] §8.20.7 Franchise term. The rights, privileges and franchise granted in this chapter shall be considered as a continuing five-year franchise subject to termination as follows: A. Unless grounds exist for suspension, modification or revocation of the franchise under Section 0, this franchise shall be considered as a continuing five-year term. That is, beginning on January 1st of each year, the franchise will be considered renewed for an additional five-year term, unless at least thirty days prior to January 1st of each year the city notifies the franchisee of intent to terminate the franchise. Upon the giving of such notice of termination, the franchisee shall have a franchise which will terminate five years from the date of notice of termination. B. In the event the franchisee desires to terminate service given under the terms of this franchise, then it shall give not less than two years notice of the intent to terminate service and obligations under the franchise. In the event of a voluntary termination of service by the franchisee, the city shall have a right and option to purchase all of the equipment of the franchisee at a price which will be agreed upon between the parties. If the parties cannot agree to a purchase price, then the same shall be submitted to arbitration. Each party shall select one arbitrator, and the two arbitrators selected shall select a third party. The three arbitrators shall determine a fair and equitable price to be paid by the city to the franchisee for all equipment to be purchased. C. The maximum term of any franchise agreement granted under the authority of this chapter shall be for a period of twenty years. [Ord. 1246 § 1 (part), 1992] §8.20.8 Franchisee responsibilities. A. The franchisee shall: 1. Dispose of solid wastes not reused, recycled, composted or resource recovered at a site approved by the city in compliance with city ordinance and Chapter 459 of the Oregon Revised Statutes and regulations promulgated thereunder; 2. Provide the level of recycling and reuse service required by city ordinance and Chapter 459 of the Oregon Revised Statutes and regulations promulgated thereunder, including, but not limited to: a. Provide at least once-a-week collection of recyclable materials for all single-family residential dwelling units within the city. What materials are recyclable materials shall be periodically determined by resolution of the city council, b. Provide collection of recyclable materials from commercial, industrial, institutional, governmental and multifamily residential resources at least monthly or as otherwise directed, c. Provide effective notice to potential and actual recycling and reuse sources and actively sponsor educational and promotional activities to increase public participation in recycling, d. Provide any additional recycling or reuse service as directed by the city council when the council finds that it is now or is hereafter required by state laws or regulations or by recycling or reuse plans adopted by the city council; 3. Provide sufficient collection vehicles, containers, facilities, personnel and finances to provide all types of necessary service or subcontract with others to provide such service pursuant to this chapter; 4. Contract for the right to dispose of collected wastes that are not reused, recycled, composted or otherwise resource recovered under and during the term and renewals of the franchise and further for self-hauling by citizens of the city for so long as that is permitted by the city or by regulatory agencies; 5. Reports. a. Franchisee shall submit a written report to the city on a semi-annual basis of all resource recovery activity conducted, including volume by type and weight and cost recovery. b. No later than one-hundred-twenty days following the close of franchisee's fiscal year, the franchisee shall submit a written report to the City Manager which shall include: i. A summary of the previous year's activities in a format provided by the city, of all resource recovery activity conducted, including volume by type and weight and cost recovery; ii. A verified financial statement including a statement of income, a balance sheet and a statement of sources and applications of funds; iii. A summary of complaints, identifying the number and nature of complaints and their disposition; c. Franchisee shall furnish to the city copies of all reports submitted to the Department of Environmental Quality or any other county, state or federal governmental agency at the same time that the reports are submitted to the agency. d. Franchisee shall furnish to the city any other information as to the sources of revenue, receipts, expenditures and financial condition of the franchisee as the city at any time may reasonably require; 6. Provide and keep in force public liability insurance in the amount of not less than one hundred thousand dollars for injury to a single person, three hundred thousand dollars to a group of persons and twenty-five thousand dollars property damage, all relating to a single occurrence which shall be evidenced by a certificate of insurance filed with the city recorder; 7. The franchisee shall be liable for all damages or injuries to persons or property caused by the negligence of or mismanagement by the franchisee or any of its employees while engaged in the business under the terms of this franchise. Should the city, or any of its officers, agents or employees in the scope of their employment be sued for damages caused in whole or in part by the operations of the franchisee, under the terms of this franchise, the franchisee shall be notified of such suit and it thereupon shall be its duty to defend or settle the suit and should judgment go against the city, its officers, agents or employees; and in any such case the city, its officers, agents or employees shall recover the amount thereof with costs and attorneys fees from the franchisee. The record of judgment against the city or any of its officers, agents or employees, in any such case, shall be conclusive evidence to entitle the city, its officers, agents or employees to recover against the franchisee. B. The franchisee shall not: 1. Give any rate preference to any person, locality or type of solid waste stored, collected, transported, disposed of or resource recovered. This paragraph shall not prohibit uniform classes of rates based upon length of haul, type or quality of solid waste handled and location of customers so long as such rates are reasonably based upon costs of the particular service and are approved by the city council in the same manner as other rates, nor shall it prevent any person from volunteering service at reduced cost for a charitable, community, civic or benevolent purpose, in accordance with the provisions of Section 0 (B) of this chapter; 2. Transfer this franchise or any portion thereof to other persons without the prior written approval of the city council, which consent shall not be unreasonably withheld. The city council shall approve the transfer if the transferee meets all applicable requirements met by the original franchisee. A pledge of this franchise as financial security shall be considered as a transfer for the purposes of this subsection. The city council may attach whatever conditions it deems appropriate to guarantee maintenance of service and compliance with this chapter. [Ord. 1246 § 1 (part), 1992] §8.20.9 Administration and enforcement-Inspection of facilities-Franchise report. The City Manager shall be responsible for the administration and enforcement of this chapter. The franchisee shall, at reasonable times, permit inspection of the person's facilities, equipment and personnel providing service. The franchisee shall provide, in addition to the annual report, a report of resource recovery activity, a verified financial statement, a summary of complaints or any other information as to the sources of revenue, receipts, expenditures and financial condition of the franchisee as the city may reasonably require. [Ord. 1246 § 1 (part), 1992] §8.20.10 Suspension, modification or revocation of franchise. A. Failure to comply with a written notice from the city to provide necessary service or otherwise comply with the provisions of this chapter shall be grounds for modification, revocation or suspension of the franchise. B. After written notice from the city council that such grounds exist, the franchisee shall have twenty days from the date of mailing of the notice in which to comply or to request a public hearing before the city council. C. If the franchisee fails to comply and does not request a public hearing or else fails to comply within twenty days with the order of the city council entered upon the basis of findings at the public hearing, the city council may suspend, modify or revoke the franchise or make such action contingent upon continued noncompliance. D. At a public hearing, the franchisee and other interested persons shall have an opportunity to present oral, written or documentary evidence to the city council. [Ord. 1246 § 1 (part), 1992)8.20.120Preventing interruption of service] The franchisee agrees as a condition to the franchise that whenever the city council determines that the failure of service or threatened failure of service would result in creation of an immediate and serious health hazard or serious public nuisance, the council may, after a minimum of twenty-four hours' actual notice to the franchisee, authorize another person to temporarily provide the service or use and operate the land, facilities or equipment of the franchisee through leasing to provide emergency service. The council shall return any seized property and business upon abatement of the actual or threatened interruption of service. The action taken shall be temporary until a public hearing shall be held in accordance with the provisions of Section 0 . [Ord. 1246 § 1 (part), 1992] §8.20.11 Termination of customer service allowed when. The franchisee shall not terminate service to all or a portion of the person's customers unless: A. The street or road access is blocked and there is no alternate route; B. Excessive weather conditions render providing service unduly hazardous to persons providing service or such termination is caused by accidents or casualties caused by an Act of God or a public enemy; C. A customer has not paid for service provided after a regular billing and after a fifteen-day written notice to pay; or D. In matters other than a customer's failure to pay for service, ninety days' written notice is given to the council and to affected customers and written approval is obtained from the council; E. Ordered by a legislative, administrative or judicial body having jurisdiction. [Ord. 1246 § 1 (part), 1992] §8.20.12 Subcontracts. A. The franchisee may subcontract with others to provide a portion of the service where the franchisee does not have the necessary equipment or service. Such a subcontract shall not relieve the franchisee of total responsibility for providing and maintaining service and from compliance with this chapter. B. The franchisee may subcontract all or a portion of the services required by Section 0) (2) of this chapter with written permission of the city, which permission shall not be unreasonably withheld. [Ord. 1246 § 1 (part), 1992] §8.20.13 Rates. Rates for service shall be approved by resolution. In establishing or modifying rates, the council shall give due consideration to ORS 459A.085; current and projected revenues and expenses; actual and overhead expense; the cost of acquiring and replacement of equipment; the services of management; the cost of providing for future, added or different service; a reasonable return to the franchisee for doing business; the revenue from resource recovery; the cost of resource recovery together with the cost of notice, promotion and education of and for recycling and reuse; research and development; and, such other factors as the council deems relevant. The council may consider rates established by other jurisdictions for similar service under the same or similar service conditions. [Ord. 1246 § 1 (part), 1992] §8.20.14 Public responsibility. In order to protect the health, safety and welfare of the public as well as the franchisee and solid waste collectors, the following regulations apply to all persons within the city: A. Those participating in source separation programs shall comply with reasonable requirements established by the franchisee to ensure quality control necessary to assure successful processing and marketing. Such requirements shall be filed in writing with and be approved by the City Manager prior to implementation. B. Solid waste containers shall meet the following requirements: 1. No solid waste container provided by a customer shall exceed sixty pounds gross loaded weight nor thirty-two gallons in size. Cans should be tapered with a smaller bottom than top opening. 2. Sunken containers shall not be used in new construction. A franchisee is not required to service an underground container unless the person responsible for it places the container above ground prior to collection. 3. All containers shall be rigid, rodent-proof and fireproof. 4. The user shall provide safe access to the pick-up point so as not to jeopardize the safety of the driver of a collection vehicle or the motoring public or to create a hazard or risk to the person providing service. When the council finds that a private bridge, culvert or other structure or road is incapable of safely carrying the weight of the collection vehicle, the collector shall not enter on such structure or road. The user shall provide a safe alternative access point or system. C. To protect the privacy, safety, pets and security of customers and to prevent unnecessary physical and legal risk to the collectors, a residential customer shall place the container to be emptied outside of any locked or latched gate and outside of any garage or other building. D. No stationary compactor or compacting device shall exceed the safe loading design limit or operation limit of the collection vehicles provided by the franchisee serving the service area. All stationary compactors or compacting devices shall comply with applicable federal and state safety regulations. Upon petition of a group of customers reasonably requiring special service, the council may, where economically feasible, require the franchise to provide subcontract provisions for vehicles capable of handling specialized loads. E. Any vehicle or equipment used by any person to transport solid wastes shall be so loaded and operated to prevent the wastes from dropping, sifting, leaking, blowing or otherwise escaping from the vehicle onto any public right-of-way or lands adjacent thereto. Any and all wastes escaping from any container, vehicle or equipment during waste collection shall be collected and properly disposed of by the person transporting the waste. F. Any person who receives service shall be responsible for payment for such service. G. No person shall place hazardous waste out for collection by the franchisee nor place hazardous waste in any container, box or vehicle owned or operated by the franchisee or by the city without the prior permission of the office of the franchisee and of the City Manager, respectively. H. No person shall place material in or remove material from a solid waste collection container without permission from the owner of the container. I. No unauthorized person shall remove solid waste placed out for collection or resource recovery. J. Where a customer requires an unusual volume of service or a special type of service requiring substantial investment in equipment, a franchisee may require a contract with the customer as necessary to finance and assure amortization of such equipment. The purpose of this provision is to assure that such equipment not become a charge against other rate payers who are not benefitted. K. No person shall block access to any container or drop box or roll off box supplied by a franchisee. A franchisee may charge extra, if applicable, for return service to such blocked container or drop box or roll off box. L. Every person who generates or produces wastes shall remove or have removed all putrescible wastes at least every seven days. More frequent removal may be required to protect the public health. All wastes shall be removed at sufficient frequency as to prevent health hazards, nuisances or pollution. M. The producer or generator of waste shall clean both cans and containers and shall keep the area around such cans or containers free from accumulated wastes. A franchisee shall provide periodic maintenance to containers owned or used by a franchisee. [Ord. 1246 § 1 (part), 1992] §8.20.15 Violation-Penalty. Any person who violates any provision of this chapter shall incur a civil penalty not to exceed one thousand dollars a day for each day of the violation. Penalties in this section are not in lieu of other remedies as provided in this chapter. Each day in violation is a separate offense, provided, however, that two or more such continuing offenses may be joined in the same action. [Ord. 1246 § 1 (part), 1992] §8.20.16 Chapter enforcement authority. The city shall enforce the provisions of this chapter by administrative, civil or criminal action as necessary to obtain compliance with this chapter. The franchisee may institute proceedings necessary to obtain compliance. [Ord. 1246 § 1 (part), 1992] Title 9 PUBLIC PEACE AND WELFARE Chapter 9.1 Reserved for Expansion Chapter 9.2 Reserved for Expansion Chapter 9.3 Reserved for Expansion Chapter 9.4 OFFENSES GENERALLY §9.4.1 Criminal Code. The 1999 Criminal Code of the state of Oregon, as printed and published by the Legislative Counsel Committee, including selective laws relating to juvenile court proceedings, alcohol, liquors and controlled substances, including the penalties therefor, is hereby adopted in its entirety, save and exept any sections thereof pertaining to felonies. In addition, any amendments and/or additions to the Criminal Code adopted and made laws by the 1993, 1995, 1997 or 1999 Legislature are also adopted and made a part of the ordinance codified in this section. [The 1997 Criminal Code of the state of Oregon, as printed and published by the Legislative Counsel Committee, including selective laws relating to juvenile court proceedings, alcohol, liquors and controlled substances, including the penalties therefor, is hereby adopted in its entirety, save and except any sections thereof pertaining to felonies. In addition, any amendments are also adopted and made a part of the ordinance codified in this section.] [Ord. 1280 § 1, 1993: prior code § 44.110) Ord. 97-1354 99-1377]] §9.4.2 Failure to appear. A. No person, having been by municipal court order released from custody upon a release agreement or security release on the condition that the person subsequently appear personally in connection with a charge against the defendant, shall intentionally or knowingly fail to appear. B. No person shall intentionally or knowingly fail to appear before the municipal court pursuant to a citation issued and served under the authority of this code or ORS 133.065. C. No person shall intentionally or knowingly fail to appear before the municipal court pursuant to an order issued by the municipal judge. D. Failure to appear on a criminal offense is a Class A misdemeanor. E. Failure to appear on a civil infraction is a Class C misdemeanor. [Ord. 1244 § 1, 1991: prior code § 44.940] Chapter 9.5 Reserved for Expansion Chapter 9.6 Reserved for Expansion Chapter 9.7 Reserved for Expansion Chapter 9.8 OFFENSES AGAINST PUBLIC PEACE AND DECENCY §9.8.1 Urinating in public. No person shall, while in or in view of a public place, urinate or defecate, except in toilets provided for that purpose. [Ord. 1279 § 1 (part), 1993; Ord. 1227 § 2, 1993: prior code § 44.1005] §9.8.2 Interference with Police and Police Equipment. (1) No person shall interfere with a police officer in performance of his or her duty. (2) "Interfere" includes, but is not limited to: (a) Physical contact with a police officer, vehicle, animal, or item of police equipment, when the contact affects the officer's performance of duty in an official capacity. (b) Verbal abuse or production of noise intended and sufficient to prevent a police officer from adequately communicating when communication is necessary for the duty being performed. (c) Electronic interruption or blocking of police communications. (d) Mechanical or electronic disruption of effective use of police equipment, including, but not limited to, vehicle speed detection devices. (3) Violation of this section is a violation. [Ord. 1352] §9.8.3 Fighting in Public No person shall engage in mutual physical contact with the intent to cause physical injury to each other while in, or in view of, a public place.[Ord. 99-1378] Chapter 9.9 Reserved for Expansion Chapter 9.10 Reserved for Expansion Chapter 9.11 Reserved for Expansion Chapter 9.12 OFFENSES RELATING TO PROPERTY §9.12.1 Creation of hazards not allowed. No person shall create a hazard by: A. Intentionally maintaining or leaving in a place accessible to children a container with a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot be easily opened from the inside; or B. Being the owner or otherwise having possession of property upon which there is a well, cistern, cesspool, excavation or other hole of a depth of four feet or more and a top width of twelve inches or more, and intentionally failing or refusing to cover or fence it with a suitable protective construction. [Prior code § 44.845] §9.12.2 Obstruction of building entrances not allowed. No person shall obstruct any entrance to any building or loiter unnecessarily about or near any entrance, stairway or hall leading to any building. [Prior code § 44.710] §9.12.3 Obstruction of passageways not allowed. A. No person shall, except as otherwise permitted by ordinance, obstruct, cause to be obstructed or assist in obstructing pedestrian or vehicular traffic on any sidewalk or street. B. The provisions of this section shall not apply to the delivery of merchandise or equipment; provided, that no person may permit such merchandise or equipment to remain on any street or sidewalk beyond a reasonable time. C. No person shall permit any merchandise, equipment or other obstruction to remain on any street or sidewalk. D. No person shall use any street or sidewalk, or any portion thereof, for selling, storing or displaying merchandise or equipment except as may otherwise be provided by ordinance. E. No unauthorized person shall deposit any earth, gravel or debris upon any street or sidewalk. [Prior code § 44.715] §9.12.4 Lodging. No person shall lodge in a car, outbuilding or other place not intended for that purpose without permission of the owner or person entitled to the possession thereof. [Prior code § 44.820] Chapter 9.13 Reserved for Expansion Chapter 9.14 Reserved for Expansion Chapter 9.15 Reserved for Expansion Chapter 9.16 OFFENSES BY OR AGAINST MINORS §9.16.1 Curfew. A. No minor under the age of fifteen years shall be in or upon any street, highway, park, alley or other public place within the city between the hours of nine thirty p.m. and four a.m. of the following morning; provided, that on and during any night immediately preceding a day upon which the public school will be closed such hours shall be ten p.m. to four a.m. of the following morning. B. No minor of the age of fifteen years or over, but under the age of eighteen years, shall be in or upon any street, highway, park, alley or other public places within the city between the hours of ten thirty p.m. and four a.m. of the following morning; provided, that on and during any night immediately preceding a day upon which the public schools will be closed, such hours shall be twelve midnight to four a.m. of the following morning. C. The provisions of subsections A and B of this section shall not apply to any minor accompanied by a parent, guardian, or any other person twenty-one years of age or over and authorized by the parent or by law to have the care and custody of the minor, or to any minor who is then engaged in a lawful pursuit or activity which required the person's presence in such public places during the hours specified in this section. [Prior code § 44.360] D. Exemption. It shall be a defense to any prosecution under this ordinance if the court finds that a minor was in violation at such time as the minor had received a Permit for Expressive Activity from the City. [Ord. 97-1355)] E. Permit for Expressive Activity. A minor who desires to engage in "expressive activity" at such times as would otherwise be prohibited by the "curfew" ordinance may do so by first obtaining a permit from the City. The application for the permit shall describe the type of expressive activity. It shall also describe the time(s) when such activity shall be undertaken. A permit shall be obtained at least 48 hours prior to the activity. The application for the permit shall be signed by the minor, and countersigned by the minor's parents/guardians. There shall be no fee for the permit. As used in this ordinance, the term "expressive activity" shall include those forms of religious, associational, or speech activity that are beyond the ability of the City to prohibit by virtue of the federal and state constitutions. This definition shall not be construed to expand the scope of the term "expressive activity". The permit shall be issued for a period not to exceed 24 hours. The permit shall be issued for a period not to exceed 24 hours and shall be carried about the person at all times that they are within the term "expressive activity". [Ord. 97-1355)] Chapter 9.17 Reserved for Expansion Chapter 9.18 Reserved for Expansion Chapter 9.19 Reserved for Expansion Chapter 9.20 DRUG-FREE ZONES §9.20.1 Drug-free zone designated. A. The following described property is designated as a drug-free zone: From the west side of Second Street east to the Willamette River, between Ash creek and the south side of D Street, including Riverview Park. B. Such designation shall be valid for an initial period of two years. Thereafter, the council may extend the designation as it deems appropriate. The removal of the designation shall be by ordinance. [Ord. 1275 § 1 (part), 1993] §9.20.2 Civil exclusion. A. A person is subject to exclusion for a period of ninety days from the public streets, sidewalks, public property and other public ways in the designated drug-free zone if that person has been arrested or otherwise taken into custody for either the unlawful distribution of a controlled substance pursuant to ORS 475.992 or for the unlawful delivery of an imitation controlled substance pursuant to ORS 475.991 within that drug-free zone. B. If a person excluded from a drug-free zone is found therein during the exclusion period, that person is subject to immediate arrest for criminal trespass in the second degree pursuant to ORS 164.245. [Ord. 1275 § 1 (part), 1993] §9.20.3 Issuance of exclusion notices. The chief of police is designated as the person in charge of the public streets, sidewalks, public property and public ways in drug-free zones for purposes of issuing exclusion notices in accordance with this chapter. The chief of police may authorize employees of the police department to issue exclusion notices in accordance with this chapter. [Ord. 1275 § 1 (part), 1993] §9.20.4 Procedure. At the time a person is arrested for violation of either the unlawful distribution of a controlled substance or the delivery of an imitation controlled substance as provided by ORS 475.991 or ORS 475.992 within a drug-free zone, the officer making such arrest may deliver to the person a written notice excluding the person from the drug-free area. The notice shall specify the area from which the person is excluded and contain information concerning the right to appeal the exclusion notice to the City Manager or the person's or her designate. The person to whom the exclusion notice is issued shall sign a written acknowledgement of receipt of the exclusion notice. If that person refuses to do so, the arresting officer shall make a written record of the refusal. [Ord. 1275 § 1 (part), 1993] §9.20.5 Appeal and variance. The person to whom an exclusion notice is issued shall have a right to an appeal from the issuance of the notice. A. 1.*An appeal of the exclusion must be filed, in writing, within five calendar days of the notice's issuance. A hearing on the appeal shall be held within five calendar days after receipt of the appeal. 2. If no appeal is taken the exclusion shall take effect on the day after the notice's issuance. If an appeal is taken, the expulsion shall be stayed during the pendency of the appeal. 3. The city shall have the burden to show by a preponderance of evidence that the exclusion is based on conduct proscribed by ORS 475.991 or ORS 475.992. Copies of documents in its control and which are intended to be used by the city at the hearing shall be made available to the appellant at least two days prior to the hearing. B. 1.*A determination by a court having jurisdiction of the matter, that the officer who issued the exclusion notice, at that time had probable cause to arrest the person to whom the exclusion notice was issued for violation of ORS 475.991 or 475.992, shall be prima facie evidence that the exclusion was based on conduct proscribed by those statutes. 2. Variances from an exclusion may be granted at any time during the exclusion period by either the City Manager or designate, only for reasons relating to the health or well-being of the person excluded. 3. All variances shall be in writing, for a specific period of time and only to accommodate a specific purpose, all of which shall be stated on the variance. The person shall keep the variance on the person's or her person at all times the person is within the drug-free zone. In the event a person having a variance is found to be outside the scope of the variance's terms, the variance shall immediately become void and that person is thereupon subject to arrest for trespass. 4. In the event a person holding a variance is arrested for conduct prohibited by state or federal law involving controlled substances, the variance shall immediately become void and that person shall be ineligible for any new variances for a period of one year from the date of the arrest. [Ord. 1275 § 1 (part), 1993] Chapter 9.21 Reserved for Expansion Chapter 9.22 Reserved for Expansion Chapter 9.23 Reserved for Expansion Chapter 9.24 WEAPONS AND FIREWORKS §9.24.1 Possession of firearms. A. As used in this chapter, “firearm” means a pistol, revolver, gun, rifle, including a miniature weapon, spring gun, air gun, BB gun or other weapon which projects a missile or shot by force of gunpowder or any other explosive, by spring or by compressed air, jet or rocket propulsion. B. It is unlawful for any person to possess or carry a firearm, loaded or unloaded, in a park, public building, school, school premises, school parking lot or school premises used in connection with public passenger transportation. This prohibition does not apply to hunters using the Riverview Park dock facility as access for boat hunting. C. It is unlawful for any person to fire or discharge a firearm within the boundaries of the city. D. The prohibitions in this section do not apply to: 1. A peace officer acting within the scope of duty, to any government employee authorized or required by their employment or office to carry or use firearms or to any person authorized by permit of the chief of police to possess or discharge a firearm; 2. Any person justified in using deadly physical force under the provisions of Oregon Revised Statutes, Chapter 161; 3. The discharge of an arrow in an archery range duly established and supervised as a part of a formal program of education by any recognized institution of learning; or 4. Persons authorized by written permit of the chief of police to discharge blank ammunition for a lawful purpose. [Ord. 1249 § 1, 1991: prior code § 44.186] §9.24.2 Discharging a weapon. A. A person commits the offense of discharging a weapon if he or she discharges a firearm, air rifle, pellet gun, bow and arrow, sling shot, catapult or other device capable of propelling a shot, arrow or other projectile with force sufficient to cause risk of injury to person or property, within the limits of the city. B. This section shall not apply to a peace officer who shall discharge a firearm in the line of the person's or her official duty, nor to the discharge of an arrow in an archery range duly established and supervised as a part of a formal program of education by any recognized institution of learning. [Ord. 1207 § 1, 1990: prior code § 44.185] §9.24.3 Concealed weapons. Except as provided in ORS 166.260 and 166.291, as now constituted and hereafter amended, no person shall carry concealed about the person's person or carry concealed in a vehicle a revolver, pistol or other firearm; any knife other than an ordinary pocket knife; any dirk, dagger or stiletto; any metal knuckles; or any other weapon by the use of which injury could be inflicted upon the person or property of another. For purposes of this section, an “ordinary pocket knife” is one with a maximum blade length of three and one-half inches, which is not a switchblade or spring-blade knife. [Prior code § 44.180] §9.24.4 Fireworks. The following sections of the Oregon Fireworks Law, together with all acts and amendments applicable to cities which are now in effect are adopted by reference and made a part of this chapter: ORS 480.110, 480.120, 480.130, 480.140(1), 480.150 . [Prior code § 44.190] Chapter 9.25 Reserved for Expansion Chapter 9.26 Reserved for Expansion Chapter 9.27 Reserved for Expansion Chapter 9.28 CRIMINAL PROPERTY FORFEITURES §9.28.1 Prohibited conduct defined. As used in this chapter, “prohibited conduct” includes violation of, solicitation to violate, attempt to violate or conspiracy to violate any provisions of ORS Chapter 475, except that “prohibited conduct” does not include violation of, solicitation to violate, attempt to violate or conspiracy to violate ORS 475.992(4)(f) and also does not include solicitation, attempt or conspiracy to deliver for no consideration less than five grams of the dried leaves, stems and flowers of the plant Cannabis family Moraceae. [Ord. 1204 § 1, 1989] §9.28.2 Forfeiture counsel. The Independence city attorney is designated as forfeiture counsel for purposes of representing the city in forfeiture actions or proceedings under Chapter 791, Oregon Laws 1989. [Ord. 1204 § 2, 1989] §9.28.3 Proceeds to be credited to general fund. In accordance with Section 10, Chapter 791, Oregon Laws 1989, the balance of the proceeds from property forfeited, after other distributions, shall be credited to the general fund and used as directed by the City Manager. [Ord. 1204 § 3, 1989] Chapter 9.29 Reserved for Expansion Chapter 9.30 Reserved for Expansion Chapter 9.30 Criminal History Record Check Policies Concerning Applicants for Employment and Appointed Volunteers §9.30.1 Authority. ORS 181.555 and OAR 257-1O-O25 establish procedures for access to criminal record information possessed by the Oregon State Police (OSP) through the Law Enforcement Data system (LEDS), and ORS 181.555(1) provides access to criminal offender information by criminal justice agencies and by other state and local agencies, and OAR 257-10-025(1)(a) permits a Criminal Justice Agency access to OSP criminal offender information required to implement a local ordinance, and OAR 166-40-080 provides for retention of employment selection information for a period of three years, and the City of Independence finds that for the reasons recited below in the ordaining section of this ordinance that it is in the public interest to access OSP criminal offender information through the LEDS system, for all applicants for employment and public service volunteers with the City of Independence. §9.30.2 Purpose. In order for Independence city government to operate effectively, persons selected for employment or as a public service volunteer with Independence must have the highest degree of citizen and public trust and confidence. All Independence employees and public service volunteers represent the City to its citizens. Many City employees and volunteers have responsibilities to regulate and maintain public health and safety. Most City employees have the ability and authority to bind the City contractually, have access to public funds and property, and possess access to privileged and proprietary information submitted to the City in confidence. §9.30.3 Procedure. All applicants for employment and appointed volunteers with Independence will be required to authorize the City to conduct a criminal offender information check through the OSP LEDS system The criminal history authorization form will be maintained by the Police Department who will request that the check be conducted by the Chief of Police. A member of the Police Department trained and authorized to perform criminal history checks through the LEDS system will conduct the check on the prospective employee or volunteer and orally report to the Department Head that the applicant's record indicates "no criminal record" or "criminal record". If the applicant's record is reported as "criminal record", the Department will, under OAR 257 - 10025(l)(c), request a written criminal history report from the OSP Identification Services Section and pay the applicable fee for this service. The Department will make the written criminal history record available to the employment or volunteer selecting official for his or her consideration in making the selection The written criminal history record on persons that are not hired or appointed as a volunteer will be retained in accordance with the requirements of OAR 166-40-080 for a period of three years and thereafter will be destroyed by shredding. The criminal history record of applicants and volunteers with a criminal history that are hired or appointed, will become a part of the confidential personnel file of that employee or volunteer. Access to confidential personnel files is limited to only authorized persons who have an official need to access such files that is sanctioned by law or regulation. Applicants for employment or appointment as a volunteer that have a felony criminal history, or a history of conviction of a misdemeanor involving moral turpitude or theft, will be closely examined by selecting officials to determine if the applicant possesses the required degree of citizen and public trust and confidence. Each employment or volunteer selection will, however, be made on an individual, case-by-case basis, taking into account the applicant's qualifications, the requirements of the particular job or volunteer post applied for, and the results of the criminal history check. Factors such as the age of an offender at the time of the offense, the type of offense and subsequent rehabilitation, and the public sensitivity of the position under consideration, must be taken into account in evaluating a criminal history report. Hiring or appointing a volunteer with a criminal history record will require a positive recommendation by the selecting official and the approval of the City Manager or Department Head after full disclosure and consideration of the criminal history and the applicant. [Ord. 97-1356] Title 10 VEHICLES AND TRAFFIC Chapter 10.1 Reserved for Expansion Chapter 10.2 Reserved for Expansion Chapter 10.3 Reserved for Expansion Chapter 10.4 GENERAL PROVISIONS §10.4.1 Short title. This chapter may be cited as the “Independence Uniform Traffic Ordinance.” [Prior code § 52.110] §10.4.2 Motor Vehicle Code adopted. The 1999 Criminal Code of the state of Oregon, as printed and published by the Legislative Counsel Committee, including selective laws relating to juvenile court proceedings, alcohol, liquors and controlled substances, including the penalties therefor, is hereby adopted in its entirety, save and exept any sections thereof pertaining to felonies. In addition, any amendments and/or additions to the Criminal Code adopted and made laws by the 1993, 1995, 1997 or 1999 Legislature are also adopted and made a part of the ordinance codified in this section. [The 1997 Vehicle Code of the state of Oregon, as printed and published by the Legislative Counsel Committee, including selective laws relating to infraction procedures, administrative procedures for state agencies, and Motor Vehicle and Aircraft Fuel Taxes, including the penalties therefor, is hereby adopted in its entirety, save and except any sections thereof pertaining to felonies. In addition, any amendments and/or additions to the Vehicle Code adopted and made laws by the 1993, 1995, or 1997 Legislature are also adopted and made a part of the ordinance codified in this section.][[ [Ord. 1280 § 2, 1993: prior code § 52.120 Ord. 97-1353) Ord.99-1376] §10.4.3 Definitions. In addition to those definitions contained in the ORS chapters set out in Section 0, the following words or phrases, except where the context clearly indicates a different meaning, mean: “Bus stop” means a space on the edge of a roadway designated by sign for use by buses loading or unloading passengers. “Holiday” means New Year's Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and any other day proclaimed by the council to be a holiday. “Loading zone” means a space on the edge of a roadway designated by sign for the purpose of loading or unloading passengers or materials during specified hours of specified days. “Taxicab stand” means a space on the edge of a roadway designated by sign for use by taxicabs. [ “Traffic control device” means a device to direct vehicular or pedestrian traffic and parking, including but not limited to a sign, signaling mechanism, barricade, button or street or curb marking installed by the city or other authority. “Traffic lane” means that area of the roadway used for the movement of a single lane of traffic. “Vehicle,” as used in subsequent sections of this chapter, includes bicycles. [Prior code § 52.130)]] §10.4.4 Words and phrases. As used in this chapter, the singular includes the plural, and the masculine includes the feminine. [Prior code § 52.135)]] Chapter 10.5 Reserved for Expansion Chapter 10.6 Reserved for Expansion Chapter 10.7 Reserved for Expansion Chapter 10.8 ADMINISTRATION AND ENFORCEMENT §10.8.1 City council-Powers and authority. A. Subject to state laws, the city council shall exercise all municipal traffic authority for the city except those powers specifically and expressly delegated under this title or by another ordinance. B. The powers of the council shall include but not be limited to: 1. Designation of through streets; 2. Designation of one-way streets; 3. Designation of truck routes; 4. Designation of city-owned or leased lots, or property on which public parking will be permitted; 5. Designation of parking meter zones; 6. Restriction of the use of certain streets by any class or kind of vehicle to protect the streets from damage; 7. Authorization of greater maximum weights or lengths for vehicles using city streets than specified by state law; 8. Initiation of proceedings to change speed zones; 9. Revision of speed limits in parks; C. The city council shall, by resolution: 1. Install traffic control devices to implement this title and other traffic control measures. Such installations shall be based on the standards contained in the Oregon Manual on Uniform Traffic Control Devices for Streets and Highways; 2. Establish, maintain, remove or alter the following classes of traffic controls: a. Crosswalks, safety zones and traffic lanes, b. Intersection channelization and areas where drivers of vehicles shall not make right, left or U-turns, and the time when the prohibition applies, c. Parking areas and time limitations, including the form of permissible parking (e.g., parallel or diagonal); 3. Issue oversize or overweight vehicle permits; 4. Establish, maintain, remove or alter traffic control signals; 5. Establish, maintain, remove or alter loading zones and stops for all vehicles; 6. Designate certain streets as bridle paths and prohibit horses and animals on other streets; 7. Temporarily block or close streets. [Prior code § 52.210] §10.8.2 City council-Delegation of powers. The city council may delegate powers set forth in Section 00 at their discretion. Duties exercised thereafter by the City Manager or the person's designate shall be reported to the council at the regular meeting immediately following their implementation, and the council may reject or modify such action. This reporting requirement may be dispensed with when the council so orders. [Prior code § 52.215] §10.8.3 City council regulations- Standards. The regulations of the city council and City Manager or the person's designate shall be based upon: A. Traffic engineering principles and traffic investigations; B. Standards, limitations and rules promulgated by the State Highway Division; C. Other recognized traffic control standards. [Prior code § 52.225] §10.8.4 Temporary control devices allowed when. Under conditions constituting a danger to the public, the City Manager or designee may install temporary control devices deemed by the Manager to be necessary. [Prior code § 52.220] [ §10.8.5 10.08.050 Police and fire officers- Authority. A. It is the duty of police officers to enforce the provisions of this chapter. B. In the event of a fire or other public emergency, officers of the police and fire department may direct traffic as conditions require, notwithstanding the provisions of this chapter. [Prior code § 52.230)]] §10.8.6 Obedience to and alteration of control devices. A. No person shall disobey the instruction of a traffic officer or a traffic control device. B. No unauthorized person shall install, move, remove, obstruct, alter the position of, deface or tamper with a traffic control device. [Prior code § 52.235] §10.8.7 Existence of device evidence of lawful installation. The existence of a traffic control device shall be prima facie evidence that the device was lawfully authorized and installed. [Prior code § 52.240] §10.8.8 Vehicle impoundment. A. Whenever a vehicle is placed in a manner or location that constitutes an obstruction to traffic or a hazard to public safety, a police officer shall order the owner or operator of the vehicle to remove it. If the vehicle is unattended, the officer may cause the vehicle to be towed and stored at the owner's expense. The owner shall be liable for the costs of towing and storing, notwithstanding that the vehicle was parked by another, or that the vehicle was initially parked in a safe manner but subsequently became an obstruction or hazard. B. The disposition of a vehicle towed and stored under authority of this section shall be in accordance with the provisions of Chapter 10.32, relating to impoundment and disposition of vehicles abandoned on the city streets. C. The impoundment of a vehicle will not preclude the issuance of a citation for violation of a provision of this title. D. Stolen vehicles may be towed from public or private property and stored at the expense of the vehicle owner. E. Whenever a police officer observes a vehicle parked in violation of a provision of this title, if the vehicle has four or more unpaid parking violations outstanding against it, the officer may, in addition to issuing a citation, cause the vehicle to be impounded. A vehicle so impounded shall not be released until all outstanding fines and charges have been paid. Vehicles impounded under authority of this subsection shall be disposed of in the same manner as provided in subsection B of this section. [Prior code § 52.910] Chapter 10.9 Reserved for Expansion Chapter 10.10 Towing Process §10.10.1 Authority to Tow. Any police officer may, without prior notice, order a vehicle towed when the police officer reasonably believes that the vehicle's operator is driving uninsured. [Ord. 1301] §10.10.2 Post tow notice After a vehicle has been towed pursuant to this Ordinance, notice shall be provided to the registered owner(s) and any other person(s) who reasonably appears to have an interest in the vehicle. Notice shall be personally served or mailed by the Police Department to such persons within 48 hours after the tow of the vehicle, Saturdays, Sundays and holidays excluded, and shall state: A. The vehicle has been towed, B. The location of the vehicle and that it may be reclaimed only upon evidence that the claimant is the owner or person entitled to possession; C. The address and telephone number of the person or facility that may be contacted for information and the charges that must be paid before the vehicle will be released and the procedures for obtaining the release of the vehicle; D. The vehicle and its contents are subject to a lien for the towing and storage charges and will be subject to sale by the towing and storage facility where the vehicle is located. E. A hearing may be requested to contest the validity of the tow. F. The time in which a hearing must be requested and the method of requesting a hearing. G. That an application for a hearing must be filed with and received by the Municipal Judge not later than 5 business days after the vehicle was towed. [Ord. 1301] §10.10.3 Exemption from notice No notice need be provided pursuant to this ordinance when: A. A vehicle does not display license plates or other identifying markings by which the registration or ownership of the vehicle can be determined, or, B. When the identity of the owner of the vehicle is not available from the appropriate motor vehicle licensing and registration authority and when the identity and address of the owner and/or other persons with an interest in the vehicle cannot otherwise be reasonably determined. [Ord. 1301] §10.10.4 Request for a hearing Written notice of the opportunity to contest the validity of the tow of a vehicle, together with a statement of the time in which a hearing may be requested and the method of requesting a hearing, must be given to each person who seeks to redeem a vehicle which has been to-wed pursuant to this ordinance. This information will be made available by the tow company or other facility holding said vehicle. [Ord. 1301] §10.10.5 Request for a hearing After a vehicle has been towed pursuant to this ordinance the owner(s) and any other persons who reasonably appears to have an interest in the vehicle are, upon timely application filed with the Municipal Judge, entitled to request a hearing to contest the validity of the tow or intended tow of the vehicle. [Ord. 1301] §10.10.6 Deadline for hearing. Application for a hearing must be filed with and received by the Municipal Judge not later than 5 business days after the vehicle was towed. [Ord. 1301] §10.10.7 Judicial waiver. The Municipal Judge may, for good cause shown, grant a request for hearing filed after the foregoing time requirements have expired. [Ord. 1301] §10.10.8 Basis for hearing request The request for hearing must be in writing and shall state the grounds upon which the person requesting the hearing believes the tow or proposed tow invalid, or, for any other reason, unjustified. The request for hearing will also contain such other information, relating to the purposes of this ordinance, as the Municipal Judge may require.(Ord. 1301] §10.10.9 Judicial hearing The Municipal Judge shall set and conduct an administrative hearing on the matter within 14 days from receipt of a proper request filed pursuant to this ordinance. In all cases where a vehicle has been towed and not yet released, however, the Municipal Judge shall set and conduct the hearing on the next regularly scheduled Municipal Court day, whichever is sooner. [Ord. 1301] §10.10.10 Burden of Proof At the hearing, the City shall have the burden of proving by a preponderance of the evidence that there were reasonable grounds to believe that the vehicle was being operated in violation of ORS 806.010. The police officer who ordered the vehicle impounded may submit an affidavit to the Municipal Judge in lieu of making a personal appearance at the hearing. [Ord. 1301] §10.10.11 Rulemaking authority The Municipal Judge shall make any necessary rules and regulations regarding the conduct of such hearings, consistent with this ordinance. [Ord. 1301] §10.10.12 Order If the Municipal Judge finds that the towing and impoundment of the vehicle was proper, the Municipal Judge shall enter an order supporting the removal and shall find that the owner or person entitled to possession of the vehicle is liable for the usual and customary towing and storage costs. The Municipal Judge may also find the owner or person entitled to possession of the vehicle liable for the costs of the hearing. [Ord. 1301] §10.10.13 Order of improper tow. If the Municipal Judge finds that the towing and impoundment of the vehicle was improper, the Municipal Judge shall order the vehicle released to the person entitled to possession and shall enter a finding that the owner or person entitled to possession of the vehicle is not liable for any towing and storage charges resulting from the impoundment. If there is a Hen on the vehicle for towing and storage charges, the Municipal Judge shall order it paid by the City. [Ord. 1301] §10.10.14 Final decision. The decision of the Municipal Judge is final, is not appealable to the City Council, and is only appealable to Circuit Court by Writ of Review. Any person who has a hearing scheduled and fails to appear at such hearing without good cause shown, as determined by the Municipal Judge, shall not be entitled to have such hearing rescheduled. The owner(s) and any other person who have an interest in the vehicle are only entitled to one hearing for each tow of that vehicle. [Ord. 1301] §10.10.15 Storage charges Any private company that tows and stores any vehicle pursuant to this ordinance shall have a lien on the vehicle, in accordance with ORS 87.152, for the just and reasonable charges for the tow and storage services performed. The company may retain possession of that vehicle, consistent with this ordinance and Oregon law until towing and storage charges have been paid. [Ord. 1301] §10.10.16 Release of vehicle. A vehicle towed pursuant to this ordinance shall be immediately released to the person(s) entitled to lawful possession upon proof of compliance [Ord. 1301] Chapter 10.11 Reserved for Expansion Chapter 10.12 TRAFFIC RULES GENERALLY [ §10.12.1 Rules of the road. In addition to state law, the following shall apply to the operation of vehicles upon the streets of the city: A. The operator of a vehicle shall not back the vehicle unless the movement can be made with reasonable safety and without interfering with other traffic, and shall yield the right-of-way to moving traffic and pedestrians. B. The operator of a vehicle in the traffic lane shall have the right-of-way over an operator of a vehicle departing from a parking space. C. No operator of a vehicle shall pull away from a curb or other parking area without giving an appropriate turn signal when other traffic may be affected. D. Where a stop sign is erected at or near the entrance to an intersection, the operator of a vehicle approaching shall bring the vehicle to a stop before crossing a stop line or crosswalk; or, if none, then before entering the intersection. Stopping at a point which does not yield an unobstructed view of traffic on the intersecting street shall not constitute compliance with the requirements of this section. E. Notwithstanding an indication by a traffic control device to proceed: 1. No operator of a vehicle shall enter an intersection unless there is sufficient space on the opposite side of the intersection to accommodate the person's vehicle without obstructing the passage of other vehicles; 2. No operator shall enter a marked crosswalk, whether or not at an intersection, unless there is sufficient space on the opposite side of the crosswalk to accommodate the person's vehicle without obstructing the passage of pedestrians. [Prior code § 52.310)]] §10.12.2 Crossing private property. No operator of a vehicle shall proceed from one street to an intersecting street by crossing private property. This provision shall not apply to the operator of a vehicle who stops on the property for the purpose of procuring or providing goods or services. [Prior code § 52.315] [ §10.12.3 Emerging from vehicle. No person shall open the door of a motor vehicle into a traffic lane without first ascertaining that it can be done in safety. [Prior code § 52.320)]] [ §10.12.4 Unlawful riding. A. No operator shall permit a passenger and no passenger shall ride on a vehicle upon a street except on a portion of the vehicle designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to a person riding within a truck body in space intended for merchandise. B. No person shall board or alight from a vehicle while the vehicle is in motion upon a street. [Prior code § 52.325)]] [ §10.12.5 Clinging to vehicles. No person riding upon a bicycle, motorcycle, coaster, rollerskates, sled or other device shall attach the device or [himself]the person to a moving vehicle upon a street. Nor shall the operator of a vehicle upon a street knowingly allow a person riding on any of the above vehicles or devices to attach [him]self, the vehicle or the device to the person's vehicle. [Prior code § 52.330)]] §10.12.6 Sleds on streets. No person shall use the streets for traveling on skis, toboggans, sleds or similar devices, except where authorized. [Prior code § 52.335] §10.12.7 Damaging sidewalks and curbs. A. The operator of a motor vehicle shall not drive upon a sidewalk or roadside planting strip except to cross at a permanent or temporary driveway. B. No unauthorized person shall place dirt, wood or other material in the gutter or space next to the curb of a street with the intention of using it as a driveway. C. No person shall remove a portion of a curb or move a motor vehicle or device moved by a motor vehicle upon a curb or sidewalk without first obtaining authorization and posting bond, if required. A person who causes damage shall be held responsible for the cost of repair. [Prior code § 52.340] §10.12.8 Obstructing streets. A. No unauthorized person shall obstruct the free movement of vehicles or pedestrians using the streets. B. No person shall park or stand a vehicle in such a manner or location that it constitutes a hazard to public safety or an obstruction on the street. [Prior code § 52.345] §10.12.9 Removing glass and debris. A party to a vehicle accident or a person causing broken glass or other debris to be upon a street shall remove the glass and other debris from the street. [Prior code § 52.350] §10.12.10 Speed limits in public parks. No person shall drive a vehicle upon any street in any public park of this city at a speed exceeding fifteen miles per hour, unless signs erected indicate otherwise. [Prior code § 52.355] §10.12.11 Vehicles discharging flames. No person shall operate any motor vehicle on any street or public property of the city in such a manner or with the vehicle in such condition that fire or flames are discharged from the vehicle. [Prior code § 52.360] §10.12.12 Illegal cancellation of traffic citations. No person shall cancel the cancellation of any traffic citation in any manner except when approved by the municipal judge. [Prior code § 52.365] §10.12.13 Vehicle weight restrictions. No person shall operate upon any street or bridge in this city a vehicle the weight of which exceeds the maximum for such street or bridge, as such maximum may be posted by sign erected by the city. In addition to any penalty provided in this code for the violation of this section, any person convicted of a violation of this section may be required by the court to pay the cost of repairing any street or bridge damaged by reason of such violation, which cost may exceed the cost of repairing the damage proximately caused by the violation. [Prior code § 52.370] Chapter 10.13 Reserved for Expansion Chapter 10.14 Reserved for Expansion Chapter 10.15 Reserved for Expansion Chapter 10.16 PEDESTRIANS §10.16.1 Use of sidewalks. A pedestrian shall not use a roadway for travel when a sidewalk is available. [Prior code § 52.560] §10.16.2 Pedestrians must use crosswalks. No pedestrian shall cross a street other than within a crosswalk in blocks with marked crosswalks. [Prior code § 52.565] §10.16.3 Crossing the street. A pedestrian shall cross a street at a right angle, unless crossing within a crosswalk. [Prior code § 52.570] §10.16.4 Obedience to traffic lights and bridge and railroad signals. A. At an intersection where a pedestrian control light is in operation, no pedestrian shall start to cross the street except when the walk signal is illuminated. Where only vehicle control lights are in operation, no pedestrian shall start to cross the street except when the green light is illuminated. B. No pedestrian shall enter or remain upon a railroad grade crossing, an openable bridge, or the approach thereto beyond a crossing gate or barrier, after an operation signal indication has been given. C. No pedestrian shall pass through, around, over or under a crossing gate or barrier at a railroad grade crossing or bridge while the gate or barrier is closed or is being opened or closed. [Prior code § 52.575] Chapter 10.17 Reserved for Expansion Chapter 10.18 Reserved for Expansion Chapter 10.19 Reserved for Expansion Chapter 10.20 STOPPING, STANDING AND PARKING §10.20.1 Exemption. The provisions of this chapter regulating the parking or standing of vehicles shall not apply to a vehicle of the city, county or state or public utility while necessarily in use for construction or repair work on a street, or a vehicle owned by the United States while in use for the collection, transportation or delivery of mail. [Prior code § 52.460] §10.20.2 Parking-Method. A. No person shall stand or park a vehicle in a street other than parallel with the edge of the roadway, headed in the direction of lawful traffic movement and with the curbside wheels of the vehicle within twelve inches of the edge of the curb, except where the street is marked or signed for angle parking; provided, however, if a vehicle is totally within the markings of a parallel parking area, it shall not be deemed in violation of this subsection, notwithstanding it is more than twelve inches from the curb. B. Where parking space markings are placed on a street, no person shall stand or park a vehicle other than in the indicated direction and, unless the size or shape of the vehicle makes compliance impossible, within a single marked space. C. The operator who first begins maneuvering the person's motor vehicle into a vacant parking space on a street shall have priority to park in that space, and no vehicle operator shall attempt to deprive the first operator of the first's priority or block the person's access. D. Whenever the operator of a vehicle discovers that the person's vehicle is parked close to a building to which the fire department has been summoned, the operator shall immediately remove the vehicle from the area, unless otherwise directed by police or fire officers. [Prior code § 52.410] §10.20.3 Parking-Time limits. The city council may, by resolution establish maximum limits to the number of consecutive units of time during which a vehicle may be parked upon the city streets within areas designated by such resolution. Signs shall be posted in the areas so designated declaring the maximum so established. Except as otherwise provided, no person shall park any vehicle upon any street for a period of time in excess of that maximum permitted for the place where the vehicle is parked, as such maximum time is established, designated and posted as herein provided. [Prior code § 52.416] §10.20.4 Parking-Extension of time. Where maximum parking time limits are designated by sign, movement of a vehicle within a block shall not extend the time limits for parking. [Prior code § 52.455] §10.20.5 Lights on parked vehicle. No lights need be displayed upon a vehicle that is parked in accordance with this chapter upon a street where there is sufficient light to reveal a person or object at a distance of at least five hundred feet from the vehicle. [Prior code § 52.450] §10.20.6 Prohibited parking and standing. In addition to the state motor vehicle laws prohibiting parking, no person shall park or stand: A. A vehicle upon a bridge, viaduct or other elevated structure used as a street or within a street tunnel, unless authorized; B. A vehicle in an alley other than for the expeditious loading or unloading of persons or materials, but in no case for a period in excess of thirty consecutive minutes; C. No person shall park a motor truck, truck tractor or trailer designed to be towed by a truck tractor, or pull trailer on a street or parking strip at any time within the city if the motor truck, truck tractor, trailer or pull trailer, or combination thereof, is longer than twenty-three feet or wider than seven feet, except: 1. When engaged in the delivery or receipt of cargo and when no facilities for the receipt or discharge of the cargo exists except from the street or parking strip, or 2. When the person in charge is immediately engaged in the maintenance or repair of public or private property adjacent to a street or parking strip and no off-street parking is reasonably available, 3. No person in charge of any motor truck, truck tractor, trailer or pull trailer engaged in the delivery or receipt of cargo under the circumstances authorized in subsection A of this section shall park in such a manner that any part thereof shall project or be more than fifteen feet into the street when measured at right angles from the face of the curb nearest to the motor truck, truck tractor, trailer or pull trailer; D. A vehicle upon a parkway or freeway, except as authorized; E. A vehicle upon private property without the consent of the owners or persons in charge of such private property; F. A vehicle alongside any curb which is painted yellow or which has signs indicating that parking or standing is prohibited; G. A vehicle for an amount of time which exceeds the amount of time permitted as indicated by signs restricting the duration of parking or standing; H. A vehicle so that it is not completely within the lines indicating the limits of angle parking spaces where angle parking is allowed; I. Additional Prohibitions. A motor vehicle, motor home, utility trailer, house or vacation trailer, tractor, bus, implement of husbandry, article of machinery, boat, camper or canopy or any parts thereof, upon any street, parking strip, alley or public way for: 1. The display of the vehicle or equipment for sale or trade, 2. The servicing or repair of the vehicle or equipment unless servicing or repairs are necessitated by an emergency situation, 3. The storage of the vehicle or equipment, 4. With reference to subdivision (3) of this subsection, a motor vehicle, motor home, utility trailer, bus, house or vacation trailer, tractor, implement of husbandry, article of machinery, boat, camper or canopy or any part shall be conclusively determined to have been parked for storage if it is permitted to remain in substantially the same position for a continuous period of seventy-two hours or more. [Ord. 1206 § 1, 1989: prior code § 52.415] J. Upon, or over a sidewalk, or upon that portion of a driveway which intersects a sidewalk. (Ord 1330 §1) §10.20.7 Use of loading zone. No person shall stand or park a vehicle for any purpose or length of time, other than for the expeditious loading or unloading of persons or materials, in a place designated as a loading zone when the hours applicable to that loading zone are in effect. In no case, when the hours applicable to the loading zone are in effect, shall the stop for loading and unloading of materials exceed the time limits posted. If no time limits are posted, then the use of the zone shall not exceed thirty minutes. [Prior code § 52.425] §10.20.8 Unattended vehicle. No operator or person in charge of a motor vehicle shall park it or allow it to be parked on a street, on other property open to public travel or on a new or used car lot without first stopping the engine, locking the ignition, removing the ignition key from the vehicle and effectively setting the brake. If the vehicle is attended, the ignition key need not be removed. [Prior code § 52.430] §10.20.9 Unattended vehicle-Action by police officer. Whenever a police officer shall find a motor vehicle parked unattended with the ignition key in the vehicle in violation of Section 0, the police officer is authorized to remove the key from vehicle and deliver the key to the person in charge of the police station. [Prior code § 52.435] §10.20.10 Standing or parking of buses and taxicabs. The operator of a bus or taxicab shall not stand or park the vehicle upon a street in a business district at a place other than a bus stop or taxicab stand, respectively; except, that this provision shall not prevent the operator of a taxicab from temporarily stopping the person's vehicle outside a traffic lane while loading or unloading passengers. [Prior code § 52.440] §10.20.11 Restricted use of bus and taxicab stands. No person shall stand or park a vehicle other than a taxicab in a taxicab stand, or a bus in a bus stop; except that the operator of a passenger vehicle may temporarily stop for the purpose of and while actually engaged in loading or unloading passengers, when stopping does not interfere with a bus or taxicab waiting to enter or about to enter the restricted space. [Prior code § 52.445] §10.20.12 Illegally parked vehicle-Citation. Whenever a vehicle without an operator is found parked in violation of a restriction imposed by this ordinance, the officer finding the vehicle shall take its license number and any other information displayed on the vehicle which may identify its owner, and shall conspicuously affix to the vehicle a traffic citation for the operator to answer to the charge against the operator or pay the penalty imposed within five days during the hours and at a place specified in the citation. [Prior code § 52.810] §10.20.13 Illegally parked vehicle- Citation-Failure to comply. If the operator does not respond to a traffic citation affixed to such vehicle within a period of five days, the municipal court may send to the owner of the vehicle to which the traffic citation was affixed a letter informing the owner of the violation and warning the owner that, in the event the letter is disregarded for a period of five days, a warrant for the person's arrest will be issued. [Prior code § 52.815] §10.20.14 Owner responsibility. The owner of a vehicle placed in violation of a parking restriction shall be responsible for the offense, except where the use of the vehicle was secured by the operator without the owner's consent. [Prior code § 52.820] §10.20.15 Registered owner presumption. In a prosecution of a vehicle owner, charging a violation of a restriction on parking, proof that the vehicle at the time of the violation was registered to the defendant shall constitute a presumption that the defendant was then the owner in fact. [Prior code § 52.825] Chapter 10.21 Reserved for Expansion Chapter 10.22 Reserved for Expansion Chapter 10.23 Reserved for Expansion Chapter 10.24 TRAFFIC REGULATIONS FOR OTHER PROPERTY OPEN TO PUBLIC TRAVEL Chapter 10.25 Reserved for Expansion Chapter 10.26 Reserved for Expansion Chapter 10.27 Reserved for Expansion Chapter 10.28 ABANDONED VEHICLES GENERALLY §10.28.1 Definitions. "Abandoned' means any vehicle which is either unlicensed, inoperative, damaged, junked, partially or completely dismantled, or used for storage purposes. "Building' means a permanent, four-sided, roofed structure built or used for the shelter or enclosure of persons, animals, chattels, or property of any kind. "Vehicle" means every device in upon or by which any person or property is or may be transported or drawn upon a public highway, except devices used exclusively upon stationary rails or tracks. The definition of a vehicle includes wheeled devices which do not require licensing by the State of Oregon [Ord. 1327] §10.28.2 Vehicles affected. It is unlawful to park, store or leave or permit the parking, storing or leaving of any licensed or unlicensed motor vehicle of any kind for a period of time in excess of seventy-two hours, which is in a rusted, wrecked, junked or partially dismantled or inoperative or abandoned condition, whether attended or not, upon any public or private property within the city, unless the same is completely enclosed within a building. Lawfully authorized and operated automobile wrecking yards located in an industrial zone are exempt from the requirements of this section. [Ord. 1259 § 1, 1992: Ord. 1154 § 1, 1986: prior code § 43.110] §10.28.3 Vehicles for private use. For vehicles not used in connection with a valid commercial or industrial activity, it shall be unlawful to park, store or leave or permit the parking storing or leaving of any abandoned vehicle of any kind for a period of time in excess of 72 hours on any public or private property within the city, unless the same is completely enclosed within a building. Exempt from the provisions of this section are unlicensed vehicles which do not otherwise meet the definition of an abandoned vehicle and which are parked on a concrete, asphalt or gravel driveway or pad on private property. In no case, however, shall there be more than one unlicensed vehicle per household at any one time on private property within the city. [Ord. 1327] §10.28.4 Abandoned vehicles for commercial use. When used in connection with a business enterprise properly operated in the appropriate business zone pursuant to the zoning laws of Independence, it is unlawful to park, store or leave or permit the parking, storing or leaving of an abandoned vehicle of any kind for a period of time in excess of fifteen days, unless the same is completely enclosed within a building. Lawfully authorized and operated automobile wrecking yards located in an industrial zone are exempt from the requirements of this Section.(Ord. 1327] §10.28.5 Nuisance - duty to remove. Any vehicle parked, stored, left or permitted to be parked, stored or left in violation of this Chapter shall constitute a nuisance detrimental to the health, safety and welfare of the inhabitants of the city. It is the duty of the owner of the property, and it shall also be the duty of the registered owner of the vehicle or the person in charge of said vehicle, either to remove the same from the city or to have the same housed completely enclosed within a building. [Ord. 1327] §10.28.6 Vehicle service on public streets. It is unlawful to disassemble, construct, reconstruct, repair and/or service vehicles of any kind in or upon any street, road, alley or other public thoroughfare in the city except for emergency service, provided, however, that such emergency service shall not extend over a period of four hours, and the same does not interfere with or impede the flow of traffic. [Ord. 1327] §10.28.7 Junked motor vehicles used in a business allowed when. When used in connection with a business enterprise properly operated in the appropriate business zone pursuant to the zoning laws of Independence, it is unlawful to park, store or leave or permit the parking, storing or leaving of any licensed or unlicensed motor vehicle of any kind for a period of time in excess of fifteen days, which is in a rusted, wrecked, junked or partially dismantled or inoperative or abandoned condition, whether attended or not, upon any public or private property within the city, unless the same is completely enclosed within a building. Lawfully authorized and operated automobile wrecking yards located in an industrial zone are exempt from the requirements of this section. [Ord. 1259 § 2, 1992: Ord. 1154 § 2, 1986: prior code § 43.115] §10.28.8 Nuisance-Duty to remove. Any motor vehicle parked, stored, left or permitted to be parked, left or stored in violation of the provisions of Section 00 hereof, shall constitute rubbish and unsightly debris and a nuisance detrimental to the health, safety and welfare of the inhabitants of the city; and it is the duty of the registered or other owner of such vehicle, and it shall also be the duty of the owner of the private property or of the lessee or other person in possession of the private property upon which such vehicle is located, either to remove the same from the city or to have the same housed in a building where it will not be visible from the street or other private property. [Prior code § 43.120] §10.28.9 Vehicle service on public thoroughfare. It is unlawful to disassemble, construct, reconstruct, repair and/or service motor vehicles of any kind in or upon any street, road, alley or other public thoroughfare in the city except for emergency service; provided, however, that such emergency service shall not extend over a period of four hours, and the same does not interfere with or impede the flow of traffic. [Prior code § 43.170] Chapter 10.29 Reserved for Expansion Chapter 10.30 Reserved for Expansion Chapter 10.31 Reserved for Expansion Chapter 10.32 ABANDONED VEHICLES ON CITY STREETS §10.32.1 Definitions. As used in this chapter, unless the context requires otherwise: “Abandoned” means left unoccupied and unclaimed or in a damaged or dismantled condition upon the streets or alleys of the city. “Costs” means the expense of removing, storing and selling an impounded vehicle. “Chief of police” includes any authorized law enforcement officer of the city. “Owner” means any individual, firm, corporation or unincorporated association with a claim, either individually or jointly, of ownership or any interest, legal or equitable, in a vehicle. [ “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks. [Prior code § 50.110)]] §10.32.2 Application of chapter. This chapter shall apply to all abandoned vehicles now in the possession of the city as well as to abandoned vehicles that are hereafter impounded. [Prior code § 50.140] §10.32.3 Notice of nuisance. A. It is the duty of the police department, whenever a vehicle is found abandoned upon the streets or alleys in the same position for a period of forty-eight hours to: 1. Make a routine investigation to discover the owner and request removal of the vehicle; or 2. Failing to discover the owner by such a process, to make a diligent inquiry as to the name and address of the owner of the vehicle by examining such vehicle for license number, I.D. number, make, style, and any other information which will aid in the identification of the ownership of the vehicle, and transmitting all available information pertaining to such vehicle to the Motor Vehicles Division of this state with an inquiry for the name and address of the owner, whenever such vehicle is required by law to be registered with that office; 3. If the owner is not identified, to place a notice upon the windshield, or some other part of the vehicle easily seen by the passing public. B. The notice shall state that the police department will remove and impound the vehicle under the provisions of this chapter, twenty-four hours after the time of the posting, unless: 1. The owner removes the vehicle; or 2. Good cause is shown, satisfactory to the chief of police, why such vehicle should not be removed by the owner or removed and impounded by the city. [Prior code § 50.120] §10.32.4 Impoundment. A. An abandoned vehicle which remains in the same position for a period of twenty-four hours after an owner has been requested to remove it or after a notice to remove has been posted upon the vehicle, and no person has appeared to show good cause why the vehicle should not be moved, shall constitute a nuisance. B. It is the duty of the police department to remove a vehicle which shall constitute a nuisance, under the provisions of this chapter, store the vehicle and dispose of it pursuant to the provisions of this chapter. C. After impoundment, the chief of police shall cause the vehicle to be appraised. [Prior code § 50.130] §10.32.5 Immediate custody and removal of vehicle constituting hazard. (1) The City may immediately take custody of a vehicle that is disabled, abandoned, parked or left standing unattended on a road or highway right of way and that is in such a location as to constitute a hazard or obstruction to motor vehicle traffic using the road or highway. (2) As used in this section, a "hazard or obstruction" includes, but is not necessarily limited to: (a) Any vehicle that is parked so that any part of the vehicle extends within the paved portion of the travel lane. (b) Any vehicle that is parked so that any part of the vehicle extends within the highway shoulder or bicycle lane: (A) Of any freeway within the city limits of any city in this state during the hours of 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m.; (B) Of any freeway within 1,000 feet of the area where a freeway exit or entrance ramp meets the freeway; or (C) Of any highway during or into the period between sunset and sunrise if the vehicle presents a clear danger. (3) As used in this section, "hazard or obstruction" does not include parking in a designated parking area along any highway or, except as described in subsection (2) of this section, parking temporarily on the shoulder of the highway as indicated by a short passage of time and by the operation of the hazard lights of the vehicle, the raised hood of the vehicle, or advance warning with emergency flares or emergency signs. (4) After taking a vehicle into custody under this section an City taking custody of a vehicle is required to give the notice described under this code and, if requested, a hearing. (5) The authority in this section to remove and take vehicles into custody is in addition to any authority to remove and take vehicles into custody under this code. (6) Subject to state law, vehicles and the contents of vehicles removed and taken into custody under this section are subject to a lien as provided under ORS 819.160. (7) The City removing a vehicle under this section shall cause the vehicle to be appraised within a reasonable time by a person authorized to perform such appraisals under ORS 819.230. (8) Vehicles removed and taken into custody under this section are subject to sale or disposition under this code if the vehicles are not reclaimed or returned to the owner or person entitled thereto. §10.32.6 Hearing to contest validity of removal and custody. A person provided notice under this ordinance or any other person who reasonably appears to have an interest in the vehicle may request a hearing under this section to contest the validity of the removal and custody under this ordinance or proposed removal and custody of a vehicle under this ordinance by submitting a request for hearing with the City not more than five days from the mailing date of the notice. The five-day period in this section does not include holidays, Saturdays or Sundays. Except as otherwise provided under state law a hearing under this section shall comply with all of the following: (1) If the City proposing to remove a vehicle receives a request for hearing before the vehicle is taken into custody and removed, the vehicle shall not be removed unless the vehicle constitutes a hazard. (2) A request for hearing shall be in writing and shall state grounds upon which the person requesting the hearing believes that the custody and removal of the vehicle is not justified. (3) Upon receipt of a request for a hearing under this section, the City shall set a time for the hearing within 72 hours of the receipt of the request and shall provide notice of the hearing to the person requesting the hearing and to the owners of the vehicle and any lessors or security interest holders shown in the records of the Department of Transportation, if not the same as the person requesting the hearing. The 72-hour period in this subsection does not include holidays, Saturdays or Sundays. §10.32.7 Determination on removal and custody. (1) If the City finds, after hearing and by substantial evidence on the record, that the custody and removal of a vehicle was: (a) Invalid, the City shall order the immediate release of the vehicle to the owner or person with right of possession. If the vehicle is released under this paragraph, the person to whom the vehicle is released is not liable for any towing or storage charges. If the person has already paid the towing and storage charges on the vehicle, the City responsible for taking the vehicle into custody and removing the vehicle shall reimburse the person for the charges. New storage costs on the vehicle will not start to accrue, however, until more than 24 hours after the time the vehicle is officially released to the person under this paragraph. (b) Valid, the City shall order the vehicle to be held in custody until the costs of the hearing and all towing and storage costs are paid by the party claiming the vehicle. If the vehicle has not yet been removed, the City shall order its removal. (2) A person who fails to appear at a hearing under this section is not entitled to another hearing unless the person provides reasons satisfactory to the City for the person's failure to appear. (3) An City is only required to provide one hearing under this section for each time the City takes a vehicle into custody and removes the vehicle or proposes to do so. (4) A hearing may be used to determine the reasonableness of the charge for towing and storage of the vehicle. Towing and storage charges set by law, ordinance or rule or that comply with law, ordinance or rule are reasonable for purposes of this subsection. (5) The City shall provide a written statement of the results of a hearing held under this section to the person requesting the hearing. (6) Hearings held under this section may be informal in nature, but the presentation of evidence in a hearing shall be consistent with the presentation of evidence required for contested cases under ORS 183.450. (7) The hearings officer at a hearing under this section may be an officer, official or employee of the City but shall not have participated in any determination or investigation related to taking into custody and removing the vehicle that is the subject of the hearing. (8) The determination of a hearings officer at a hearing under this section is final and is not subject to appeal. §10.32.8 Inventory of unclaimed vehicles. The chief of police shall, from time to time, transmit to the City Manager an inventory of all unclaimed motor vehicles subject to sale as provided in Sections # 0 and #0. After this transmittal, such vehicles shall come into the custody and control of the City Manager. [Prior code § 51.150] §10.32.9 Disposition of motor vehicles valued at greater than five hundred dollars. Any motor vehicle appraised at a value greater than five hundred dollars under Section 0, and not redeemed for a period of sixty days after the date of mailing notice pursuant to Section 0, or the taking of the vehicle into the custody of the city, whichever is later, may be disposed of by the City Manager in accordance with Section 00 (F) and (H). [Prior code § 51.165] §10.32.10 Disposition of motor vehicle appraised at five hundred dollars or less. Any motor vehicle appraised at a value of five hundred dollars or less under Section 0, and which remains unclaimed and not redeemed for a period of thirty days after the date of mailing notice pursuant to Section 0, or the taking of the vehicle into the custody by the city, whichever is later, may be disposed of as follows: A. The chief of police shall transmit to the City Manager an affidavit describing the vehicle, including the license plates, if any, stating the location and appraised value of the vehicle, that the vehicle will be junked or dismantled, and that: 1. Notice of intent to junk or dismantle the vehicle has been sent with the notification required under Section 0; or 2. The owner has signed a release under oath, disclaiming any further interest in the vehicle, which release shall be forwarded with the affidavit; or 3. No legal owner, owner, or person entitled to possession has been located after reasonable efforts under Section 0. B. If any of the persons notified under Section 0, has not signed a release, and has not, within thirty days after the date notice is mailed, reclaimed the vehicle, such action shall constitute a waiver of the interest of such person. C. Upon receipt by the City Manager of the affidavit described in subsection A of this section, the City Manager may, without further notice of public auction dispose of the vehicle by sale in accordance with the provisions of any contract authorized by the council and pertaining thereto, and execute a bill of sale as provided by Section 0(F)(4). D. If there is not such contract, the City Manager shall sell such vehicle by: 1. Sale to a wrecker licensed under ORS 481.355; or 2. Sale to any other person after first requiring that such person comply with the provisions of, and execute the forms required by ORS 481.430, and include such forms with the certificate of sale as provided by Section 0(F)(4). [Prior code § 51.170] §10.32.11 Notice prior to removal; methods; contents. If the City proposes to take custody of a vehicle under this ordinance, the City shall provide notice and shall provide an explanation of procedures available for obtaining a hearing under 0. Except as otherwise provided under state law, notice required under this section shall comply with all of the following: (1) Notice shall be given by affixing a notice to the vehicle with the required information. The notice shall be affixed to the vehicle at least 24 hours before taking the vehicle into custody. The 24-hour period under this subsection includes holidays, Saturdays and Sundays. (2) Notice shall state all of the following: (a) That the vehicle will be subject to being taken into custody and removed by the City if the vehicle is not removed before the time set by the City. (b) The statute, ordinance or rule violated by the vehicle and under which the vehicle will be removed. (c) The place where the vehicle will be held in custody or the telephone number and address of the City that will provide the information. (d) That the vehicle, if taken into custody and removed by the City, will be subject to towing and storage charges and that a lien will attach to the vehicle and its contents. (e) That the vehicle will be sold to satisfy the costs of towing and storage if the charges are not paid. (f) That the owner, possessor or person having an interest in the vehicle is entitled to a hearing, before the vehicle is impounded, to contest the proposed custody and removal if a hearing is timely requested. (g) That the owner, possessor or person having an interest in the vehicle may also challenge the reasonableness of any towing and storage charges at the hearing. (h) The time within which a hearing must be requested and the method for requesting a hearing. §10.32.12 Notice after removal; method; contents. (1) If the City takes custody of a vehicle, the City shall provide, by certified mail within 48 hours of the removal, written notice with an explanation of procedures available for obtaining a hearing under this ordinance to the owners of the vehicle and any lessors or security interest holders as shown in the records of the Department of Transportation. The notice shall state that the vehicle has been taken into custody and shall give the location of the vehicle and describe procedures for the release of the vehicle and for obtaining a hearing. The 48-hour period under this subsection does not include holidays, Saturdays or Sundays. (2) Any notice given under this section after a vehicle is taken into custody and removed shall state all of the following: (a) That the vehicle has been taken into custody and removed, the identity of the City that took the vehicle into custody and removed the vehicle and the statute, ordinance or rule under which the vehicle has been taken into custody and removed. (b) The location of the vehicle or the telephone number and address of the City that will provide the information. (c) That the vehicle is subject to towing and storage charges, the amount of charges that have accrued to the date of the notice and the daily storage charges. (d) That the vehicle and its contents are subject to a lien for payment of the towing and storage charges and that the vehicle and its contents will be sold to cover the charges if the charges are not paid by a date specified by the City. (e) That the owner, possessor or person having an interest in the vehicle and its contents is entitled to a prompt hearing to contest the validity of taking the vehicle into custody and removing it and to contest the reasonableness of the charges for towing and storage if a hearing is timely requested. (f) The time within which a hearing must be requested and the method for requesting a hearing. (g) That the vehicle and its contents may be immediately reclaimed by presentation to the City of satisfactory proof of ownership or right to possession and either payment of the towing and storage charges or the deposit of cash security or a bond equal to the charges with the City. §10.32.13 Procedure for vehicles that have no identification markings. If there is no vehicle identification number on a vehicle and there are no registration plates and no other markings through which the Department of Transportation could identify the owner of the vehicle, then the City is not required to provide such notice and the vehicle may be removed and disposed of as though notice and an opportunity for a hearing had been given. §10.32.14 Inventory. All impounded vehicles shall be inventoried by a police officer as soon as reasonably possible after the impoundment. The officer conducting the inventory shall make a written record of the condition of the vehicle and of any personal property located therein, including all self-contained items. Locked containers shall be inventoried as a singular item and shall not be forced open unless special circumstances exist which justify the opening of the container under the policy reasons set forth above. The glove box, the trunk, and all other closed compartments of the vehicle shall be inspected, provided they are unlocked or a key is available to unlock said compartments. Objects found within the vehicle shall be scrutinized only to the extent necessary to identify them. Once the inventory is completed, the vehicle shall be secured in a safe place. [Ord. 1315] Chapter 10.33 Reserved for Expansion Chapter 10.34 Reserved for Expansion Chapter 10.35 Reserved for Expansion [ Chapter 10.36 10.36 BICYCLES §10.36.1 Application. A. No parent of any minor child, and no guardian of any minor ward, shall authorize or knowingly permit any such minor child or ward to violate any of the provisions of this chapter. B. Provisions of this chapter relating to bicycles shall apply whenever a bicycle is operated upon any street or public path set aside for the exclusive use of bicycles, subject to those exceptions stated herein. [Prior code § 52.510] §10.36.2 Registration required. No person who resides within the city shall ride or propel a bicycle on any street or public property unless such bicycle has been registered with the chief of police. The chief of police shall register a bicycle, providing the applicant submits satisfactory proof of ownership of the bicycle and evidences reasonable knowledge of safety rules. No fee shall be charged for registering bicycles. [Prior code § 52.515] §10.36.3 Inspection of bicycle required. The chief of police shall inspect each bicycle before registering, and shall refuse to register any bicycle which the Chief determines is in unsafe mechanical condition. [Prior code § 52.520] §10.36.4 Transfer of ownership. Upon the sale or other transfer of a registered bicycle, the registered owner may, upon proper application and without payment of a fee, have the registration assigned to the purchaser or to another bicycle owned by the applicant. [Prior code § 52.525] §10.36.5 Bicycle dealers. Every person engaged in the business of buying secondhand bicycles shall maintain a record of every bicycle purchased, giving the name and address of the person from whom purchased, a description of such bicycle by name or make, the frame number thereof and the registration number, if any, found thereon. [Prior code § 52.530] §10.36.6 Rental agencies. A rental agency shall not rent or offer any bicycle or rent unless the bicycle is registered and such bicycle is equipped with all equipment required by this chapter. [Prior code § 52.535] §10.36.7 Bicycle operating rules. In addition to observing all other applicable provisions of this chapter and state law, a rider of a bicycle upon a street shall: A. Not ride upon a sidewalk within the area specifically designated by resolution of the city council; B. On a two-way street, ride to the extreme right, except when preparing for a left turn. On a one-way street, ride to the extreme curbside of the traffic lane and with the direction of travel designated for that lane. If the curb lane is designated for left-turn or right-turn only, and the operator is not intending to turn, the bicyclist shall operate in the through lane; C. Not operate a bicycle in a careless or reckless manner which endangers or would be likely to endanger [him]self, another or any property. Racing or trick riding shall be included in this offense; D. Not leave a bicycle, except in a bicycle rack. If no rack is provided, the cyclist shall leave the bicycle so as not to obstruct any roadway, sidewalk, driveway or building entrance. Nor shall the cyclist leave the bicycle in violation of the provisions relating to the parking of motor vehicles. E. Any person riding a bicycle upon a sidewalk shall yield the right-of-way to any pedestrian, and shall give audible signal before overtaking and passing such pedestrian. [Prior code § 52.540] §10.36.8 Impoundment. A. It is unlawful to leave a bicycle on public or private property without the consent of the person in charge or the owner thereof. B. A bicycle left on public property for a period in excess of twenty-four hours may be impounded by the police department. C. In addition to any citation issued, a bicycle parked in violation of this chapter may be immediately impounded by the police department. D. If a bicycle impounded under this chapter is licensed, or other means of determining its ownership exist, the police shall make reasonable efforts to notify the owner. An impounding fee of one dollar shall be charged to the owner. No impounding fee shall be charged to the owner of a stolen bicycle which has been impounded. E. A bicycle impounded under this chapter which remains unclaimed shall be disposed of in accordance with the city's procedures for disposal of abandoned or lost personal property. [Prior code § 52.545)]] Title 11 (Reserved) Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES Chapter 12.1 PUBLIC WORKS PROJECTS GENERALLY §12.1.1 Specifications and Standards for Public Works Construction adopted. The document entitled “City of Independence Specifications and Standards for Public Works Construction” is adopted for use on all public works construction within the city. [Ord. 1134 § 1, 1985] §12.1.2 Construction bids. The council may, in its discretion, direct the city recorder to advertise for bids for construction of all or any part of the improvement project on the basis of the council-approved engineer's report and before the passage of the resolution, or after the passage of the resolution and before the public hearing on the proposed improvement, or at any time after the public hearing; provided, however, that no contract shall be let until after the public hearing has been held to hear remonstrances and oral objections to the proposed improvement. [Prior code § 32.210] §12.1.3 Bids-Advertisement. The city shall invite bid proposals for doing work by giving notice of such work by publication of notice in two successive issues, one week apart, in a newspaper of general circulation in the city, and such notice shall state where the specifications for such work can be obtained and the bid requirements and conditions as provided by this chapter. The first notice shall not be more than thirty nor less than ten days prior to the date of bid opening. [Prior code § 32.220] §12.1.4 Bid requirements. Every proposal of a bid shall be accompanied by a check, certified by a responsible bank, and made payable to the order of the city, in an amount equal to five percent of the aggregate bid. Such certified check shall be held by the city as security for the performance of the bid, and should any successful bidder fail or refuse, within ten days of notice of acceptance of notice as the person's bid, to enter into a contract and furnish an acceptable performance bond as herein provided, the certified check of such bidder shall be forfeited to the city as liquidated damages. Upon acceptance of the bid proposal, execution of the contract for doing such work or improvement, and upon the filing of a surety bond for the faithful performance of the contract, the certified check shall be returned to the bidder. [Prior code § 32.240] §12.1.5 Contracts. Contracts shall be let to the lowest responsible bidder; provided, that the council shall have the right to reject any and all bids when the council shall deem such bids unreasonable, unsatisfactory, or not in conformance with the conditions and specifications of the work. [Prior code § 32.230] §12.1.6 Bid refusals. If any successful bidder shall neglect or refuse to enter into the contract that is herein provided, the city council shall immediately advertise for proposals covering the portions of the work or improvements as may have been awarded to such contractor. [Prior code § 32.250] §12.1.7 Contract breach. If a contractor does not complete the person's contract within the time limited in the contract, or with such further time as the council may grant, the council may relet the unfinished portion of the work in the same manner as described in this chapter, reletting the work in the first instance; and the delinquent contractor shall forfeit the cost of subletting the unfinished work, and shall be liable for the excess cost, if any there be, for such unfinished work over and above the original bid proposal made. [Prior code § 32.260] §12.1.8 Excess of estimates. If the council finds, upon opening bids for the work of such improvement, that the lowest responsible bid is substantially in excess of the engineer's estimates, it may, in its discretion, provide for holding a special hearing of objection to the proceeding with the improvement on the basis of such bid; and it may direct the city recorder to publish one notice thereof in a newspaper of general circulation in the city. [Prior code § 32.270] §12.1.9 Compliance with state statutes. Provisions of Oregon Revised Statutes Chapter 279, which relate to public contracts, together with all amendments that are now or may have been enacted to any of these sections, are incorporated as part of this chapter; and all bid proposals, contracts and performance bonds, for which provision is made by this chapter; must conform to these statutory provisions. [Prior code § 32.280] Chapter 12.2 ASSESSMENTS FOR LOCAL IMPROVEMENTS §12.2.1 Initiating a local improvement. Council may consider the initiation of a local improvement district upon a petition by affected property owners, upon staff's recommendation, or upon its own motion. §12.2.2 Methods and procedures. The following sections are the methods and procedures for making public improvements in the city; for levying and collecting special assessments therefor; and for the creation and apportionment of assessment liens. [Prior code § 32.110] §12.2.3 City engineer survey and report. Whenever the council shall deem it necessary, upon its own motion or upon the petition of the owners of one-half of the property to benefit specially from the improvement, to make any street, sewer, sidewalk, drain or other public improvement to be paid for in whole or in part by a special assessment according to benefits, then the council shall, by motion, direct the city engineer to make a survey and written report for such project and file the same with the city recorder. Unless the council shall direct otherwise, such report shall contain the following matters: A. A map or plat showing the general nature, location and extent of the proposed improvement and the land to be assessed for the payment of any part of the cost thereof; B. Plans, specifications and estimates of the work to be done; provided, however, that where the proposed project is to be carried out in cooperation with other governmental agency, the engineer may adopt the plans, specifications and estimates of such agency; C. An estimate of the probable cost of the improvement, including any legal, administrative and engineering costs attributable thereto; D. An estimate of the unit cost of the improvement to the specially benefitted properties; E. A recommendation as to the method of assessment to be used to arrive at a fair apportionment of the whole or any portion of the cost of the improvement to the properties specially benefitted; F. The description and assessed value of each lot, parcel of land, or portion thereof, to be specially benefitted by the improvement, with the names of the record owners thereof and, when readily available, the names of the contract purchasers thereof; G. A statement of outstanding assessments against property to be assessed. [Prior code § 32.120] §12.2.4 Survey and report-Council action. After the city engineer's report shall have been filed with the city recorder, the council may thereafter by motion approve the report, modify the report and approve it as modified, require the engineer to supply additional or different information for such improvement, or it may abandon the improvement. [Prior code § 32.130] §12.2.5 Council approval-Notice. After the council shall have approved the engineer's report as submitted or modified, the council shall, by resolution, declare its intention to make such improvement, provide the manner and method of carrying to the improvement, and shall direct the recorder to give notice of such improvement by two publications, one week apart, in a newspaper of general circulation within the city, and by mailing copies of such notice by certified mail to the owners to be assessed for the costs of such improvement, which notice shall contain the following matters: A. That the report of the city engineer is on file in the office of the recorder and is subject to public examination; B. That the council will hold a public hearing on the proposed improvement on a specified date, which shall not be earlier than ten days following the first publication of notice, at which objections and remonstrances to such improvement will be heard by the council; and that if, prior to such hearing, there shall be presented to the recorder valid, written remonstrances of the owners of fifty-one percent of the property to be specially affected by such improvement, then the improvement will be suspended for at least six months. Owners of property to be specially affected shall include those persons who are purchasing property under contract if, under the terms of their contract, they are required to pay such assessments; and in all other cases, owners shall be those persons who appear on the records of the county clerk for the county of Polk and records of the Polk County assessor's office or the assessor's office in which the property is located; C. A description of the property to be specially benefitted by the improvement, the owners of such property and the engineer's estimate of the unit cost of the improvement to the property to be specially benefitted, and the total cost of the improvement to be paid for by special assessments to benefitted properties. [Prior code § 32.140] §12.2.6 Contracts for public improvements. The council may provide in the improvement resolution that the construction work may be done in whole or in part by the city, by a contract, or by any other governmental agency, or by any combination thereof; provided, all contracts for public improvements of a total amount of more than one thousand dollars shall be bid according to Section 39 of the Charter of Independence. [Prior code § 32.150] §12.2.7 Order of abandonment of improvement-Determined by council. At the time of the public hearing on the proposed improvement, if the written remonstrances shall represent less than the amount of property required to defeat the proposed improvement, then, on the basis of the hearing of written remonstrances and oral objections, if any, the council may, by motion, at the time of the hearing or within sixty days thereafter, order the improvement to be carried out in accordance with the resolution; or the council may, on its own motion, abandon the improvement. [Prior code § 32.160] §12.2.8 Assessment ordinance passed when. After the aforesaid public hearing on the proposed improvement, and after the council has moved to proceed with the improvement, it may pass an ordinance assessing the various lots, parcels of land, or parts thereof, to be specially benefitted, with their apportioned share of the cost of the improvement; but the passage of such an assessment ordinance may be delayed until the contract for the work is let, or until the improvement is completed and the total cost thereof is determined. [Prior code § 32.310] §12.2.9 Method of assessment. The council, in adopting a method of assessment of the costs of the improvement, may: A. Use any just and reasonable method of determining the extent of any improvement district consistent with the benefits derived; B. Use any method of apportioning the sum to be assessed as is just and reasonable between the properties determined to be specially benefitted; C. Authorize payment by the city of all or any part of the cost of any such improvement when, in the opinion of the council, the topographical or physical conditions, or unusual or excessive public use, or other character of the work involved warrants only a partial payment or no payment by the benefitted property of the costs of the improvement; D. Nothing contained in this chapter shall preclude the council from using any other available means of financing improvements, including federal or state grants-in-aid, sewer charges or fees, revenue bonds, general obligation bonds or any other legal means of finance. In the event that such other means of financing improvements are used, the council may, in its discretion, levy special assessments according to the benefits derived to cover any remaining part of the costs of the improvement. [Prior code § 32.315] §12.2.10 Preassessment. 1) Council may levy an assessment prior to construction of a local improvement as provided herein. When the estimated cost of a local improvement has been ascertained on the basis of a City Engineer's estimate of costs, the award of a contract or any other basis acceptable to Council, the City Engineer shall prepare the proposed assessment roll for the lots within the local improvement district and, after its approval by the City Manager, shall file it in the Office of the City Recorder and submit it to Council. 2) Notice of the proposed assessment shall be given in accordance with this ordinance. The proposed assessment roll shall be considered by Council and processed by staff in accordance with the procedures described in this ordinance. 3) If the initial assessment has been made on the basis of estimated cost and, upon completion of the improvement, the actual cost is found to be greater than the estimated cost, Council may make a definite or supplemental assessment for the additional cost. Proposed assessments upon the respective lots within the local improvement district for the proportionate share of the deficit shall be made, notices sent, a public hearing held and opportunity for objections considered, and determination of the assessment against each particular lot, block, or parcel of land shall be made as in the case of the initial assessment; and the deficit or supplemental assessment spread by ordinance. The deficit assessments shall be entered in the City lien docket, notices published and mailed, and the collection of the assessment made in accordance with the provisions of this ordinance relating to the original assessment. Council may hold the preassessment hearing concurrently with any other hearing required. 4) If assessments have been made on the basis of estimated cost and, upon completion of the improvement project, the cost is found to be less than the estimated cost, Council shall, following public hearing, declare the same by ordinance; and when so declared, the excess amounts shall be entered on the City lien docket as a credit upon the appropriate assessment. Thereafter, the person who paid the original assessment, or his or her legal representative or successor, shall be entitled to repayment of the excess amounts. If the property owner has filed an application to pay the assessment by installment, she or he shall be entitled to such refund only when such installments, together with interest thereon, are fully paid. If the property owner has neither paid such assessment nor filed an application to pay in installments, the amount of such refund shall be deducted from such assessment, and the remainder shall remain a lien on such property until legally satisfied. §12.2.11 Final report; notice of public hearing; installment applications. 1) When the improvement has been completed, the cost shall be determined by adding to the contract price of the work or, if not contracted, the City work crew cost of the work, the cost of right-of-way, condemnation expenses, cost of engineering, supervision, inspection, advertising, legal expenses, and any other necessary and proper expenses, which costs and expenses shall be a part of the amounts to be assessed to the benefitted properties. 2) The final report of the above costs shall be submitted to Council, and when the final report has been approved by motion of Council, the engineering staff of the City of Independence shall prepare a proposed assessment roll ordering and describing each lot to be assessed, with the names of the owners, and shall levy against those lots in a manner directed by Council and provisions of ordinances applicable to special assessments. The proposed assessment roll shall be submitted for the approval of the City Manager. The City Manager may require the engineering staff to make any changes or modifications in the proposed assessment roll. When the proposed assessment roll has been approved by the City Manager, she or he shall file it with the City Recorder and refer it to Council for review, modification, acceptance or rejection by Council. 3) When the proposed assessment roll is received for filing Council shall publish a notice of the time and place of a public hearing in a newspaper or general circulation published in Polk County at least 10 days before the public hearing. The notice shall state that at the public hearing Council will, at a stated time and place, consider oral and written remonstrances to the proposed assessment roll, and that written remonstrances should be filed with the City Recorder prior to the public hearing. This notice shall state that within 30 days after Council passage of the ordinance confirming the assessment roll, the owner of the assessed properties may file with the City Recorder, on a form provided for the purpose, an application to pay the assessment in whole or in part on an installment basis, as provided by the Bancroft Bonding Act, ORS 223.205 to 223.300, which is hereby adopted by reference and made a part of this ordinance. This notice shall also state that, if the assessment is not eligible under the provisions of the Bancroft Bonding Act, or if the owner of the assessed property does not apply to use the installment basis, all or part of the assessment shall be excluded from the installment payment procedure and shall be paid in full by cash within 30 days of the date of entry in the unbonded lien docket. 4) The City Recorder shall, at least 10 days before the public hearing, mail a notice to each owner of property to be assessed, which notice shall be deposited in the Post Office in the City, postage prepaid, addressed to such owners at their last known address. If the address of the owner is unknown to the Recorder, she or he shall mail the notice to the owner or his or her agent at the address where the property to be assessed is located. The mailed notice shall show the amount proposed to be assessed to the addressee, owner or property proposed to be assessed. 5) The contents of the application to pay assessments on the installment basis shall be as provided by ORS 223.215. §12.2.12 Public hearing; ordinance confirming assessments; lien recording. Council shall hold a public hearing on the proposed assessment roll at the time and place stated in the notice of public hearing. Council may continue the hearing. After hearing the remonstrances, if any, Council may refer the proposed assessment roll to the City Manager for correction or adjustment, or may make corrections or adjustments, and shall pass an assessment ordinance confirming the assessment roll, including any corrections or adjustment, providing for the assessment of the benefitted properties, and for the apportionment of the assessment to the individual lots within the local improvement district. Immediately after Council has approved the assessment ordinance, the City Manager shall enter the assessments in the City unbonded lien docket, which assessments shall be a lien and charge upon the respective lots against which they are placed. Such liens shall be first and prior to all other liens or encumbrances insofar as the laws of Oregon allow. After applications have been made by the owners of assessed property to have the assessments bonded under Bancroft Bonding Act to provide for the installment payment procedure, the City Manager shall make proper entry in the unbonded lien docket and transfer such assessments from the unbonded lien docket to the bonded lien docket, as provided by ORS 223.230. If there is no response from a property owner within. 30 days after the notice of assessment is mailed, the City Manager shall verify the ownership of the property with a licensed title company or by any other means and shall mail a copy of the assessment notice to the owner so identified by certified mail. The City Manager shall establish policies regarding the acceptance of applications after 30 days from the date notice is mailed. The City Manager may require a late filing fee from any delinquent applicant. §12.2.13 Writs of review and suits in equity. Subject to the curative provisions of Section 00 and the rights of the city to reassess, as provided in Section 0, proceedings for writs of review and suits in equity may be filed not earlier than thirty days nor later than sixty days after the filing of written objections as provided herein. A property owner who has filed written objections with the city recorder prior to the public hearing may have the right to apply for a writ of review based upon the city council exercising its functions erroneously or arbitrarily or exceeding its jurisdiction to the injury of some substantial right of such owner, if the facts supporting such claim have been specifically set forth in the written objections. A property owner who has filed written objections with the city recorder prior to the public hearing may commence a suit for equitable relief based upon a total lack of jurisdiction on the part of the city; and if notice of the improvement shall not have been sent to the owner, and if the owner did not have actual knowledge of the proposed improvement prior to the hearing, then the owner may file written objections alleging lack of jurisdiction with the city recorder within thirty days after receiving notice or knowledge of the improvement. No provision of this section shall be construed to lengthen any period of redemption or so as to affect the running of any statute of limitation. Any proceeding on a writ of review or suit in equity shall be abated if proceedings are commenced and diligently pursued by the city council to remedy or cure the alleged errors or defects. [Prior code § 32.320] §12.2.14 Notice of assessment. Within ten days after the ordinance levying assessments has been passed, the city recorder shall send by certified mail a notice of assessment to the owner of the assessed property and publish notice of such assessment twice in a newspaper of general circulation in the city, the first publication of which shall be made not later than ten days after the date of assessment ordinance. The notice of assessment shall recite the date of the assessment ordinance and shall state that upon the failure of the owner of the property assessed to make application to pay the assessment in installments within ten days from the date of the first publication of notice, or upon failure of the owner to pay the assessment in full within thirty days from the date of the assessment ordinance, then interest will commence to run on the assessment, and that the property assessed will be subject to foreclosure; and the notice shall further set forth a description of the property assessed, the name of the owner of the property and the amount of each assessment. [Prior code § 32.325] §12.2.15 Lien docket. After passage of the assessment ordinance by the council, the city recorder shall enter in the docket of city liens a statement of the amounts assessed upon each particular lot, parcel of land, or portion thereof, together with a description of the improvement, the name of the owners, and the date of the assessment ordinance. Upon such entry in the lien docket, the amount so entered shall become a lien and charge upon the respective lots, parcels of land, or portions thereof which have been assessed for such improvement. All assessment liens of the city shall be superior and prior to all other liens or encumbrances on property insofar as the laws of the state of Oregon permit. Interest shall be charged at a rate to be established from time to time by ordinance of the city council, such rate approximating the rate of interest available in the market-place for municipal bonds, until paid, on all amounts not paid within thirty days from the date of the assessment ordinance; and after expiration of thirty days from the date of such assessment ordinance, the city may proceed to foreclose or enforce collection of the assessment liens in the manner provided by the general law of the state of Oregon; provided, however, that the city may, at its option, enter a bid for the property being offered at a foreclosure sale, which bid shall be prior to all bids except those made by persons who would be entitled under the laws of the state of Oregon to redeem such property. [Prior code § 32.330] §12.2.16 Interest rate. The maximum rate of interest per annum charged on unpaid public improvement assessments pursuant to Section 00 shall be twelve percent per annum. [Prior code § 32.331] §12.2.17 Assessment errors. Claimed errors in the calculation of assessment shall be called to the attention of the city recorder, who shall determine whether there has been an error in fact. If the recorder shall find that there has been an error in fact, the recorder shall recommend to the council an amendment to the assessment ordinance to correct such error; and upon enactment of such amendment, the city recorder shall make the necessary correction in the docket of city liens and send a correct notice of assessment by certified mail. [Prior code § 32.335] §12.2.18 Deficit assessment. In the event that an assessment shall be made before the total cost of the improvement is ascertained, and if it is found that the amount of the assessment is insufficient to defray the expenses of the improvement, the council may, by motion, declare such deficit and prepare a proposed deficit assessment. Council shall set the date for hearing of objections to the deficit assessment, and direct the city recorder to publish one notice thereof in a newspaper of general circulation in the city. After such hearing, the council shall make a just and equitable deficit assessment by ordinance, which shall be entered in the docket of city liens as provided by this ordinance; and notices of the deficit assessment shall be published and mailed, and the collection of the assessment shall be made in accordance with Sections 0 and 0. [Prior code § 32.340] §12.2.19 Assessment credits. If, upon the completion of the improvement project, it is found that the assessment previously levied upon any property is more than sufficient to pay the costs of such improvements, then the council must ascertain and declare the same by ordinance; and when so declared, the excess amounts must be entered on the lien docket as a credit upon the appropriate assessment. In the event that any assessment has been paid, the person who paid the same, or the person's legal representative, shall be entitled to the repayment of such rebate credit, or the portion thereof which exceeds the amount unpaid on the original assessment. [Prior code § 32.345] §12.2.20 Improvement proceedings- Abandonment and rescission. The council shall have full power and authority to abandon and rescind proceedings for improvements made under this chapter at any time prior to the final completion of such improvements; and if liens have been assessed upon any property under such procedure, they shall be canceled, and any payments made on such assessments shall be refunded to the person paying the same, the person's assigns or legal representatives. [Prior code § 32.350] §12.2.21 Foreclosure. The City may proceed to foreclose or enforce any lien to which it shall be entitled pursuant to any method provided by law. The City shall impose a penalty in the amount of ten (10) percent of the outstanding principal and interest of the lien to recover the costs associated with foreclosure if the account is not paid within 30 days after mailing a certified notice of delinquency to the owner. §12.2.22 Assessment validity. No improvement assessment shall be rendered invalid by reason of a failure of the engineer's report to contain all of the information required by Section 0, or by reason of a failure to have all of the information required to be in the improvement resolution, the assessment ordinance, the lien docket or notices required to be published and mailed, nor by any property as required by this chapter, or by reason of any other error, mistake, delay, omission, irregularity or other act, jurisdictional or otherwise, of any of the proceedings or steps herein specified, unless it appears that the assessment is unfair or unjust in its effect upon the person complaining; and the council shall have the power and authority to remedy and correct all such matters by suitable action and proceedings. [Prior code § 32.355] §12.2.23 Reassessment. Whenever any assessment, deficit, or reassessment for any improvement which has been made by the city has been or shall be set aside, annulled, declared or rendered void, or its enforcement restrained by any court of this state, or any federal court having jurisdiction thereof, or when the council shall be in doubt as to the validity of such assessment, deficit assessment or reassessment, or any part thereof, then the council may make a reassessment in the manner provided by the laws of the state of Oregon. [Prior code § 32.360] §12.2.24 Written consent-Notice not required. Other provisions of the chapter notwithstanding, the provisions of Section 0, insofar as they require publication and mailing of notice of intent to improve, shall not be required where owners of all assessable property within the proposed improvement have consented in writing to such improvement, and by such written consent have waived the requirements of notice thereof. [Prior code § 32.410] §12.2.25 Improvements in progress. Any street, sewer or other public improvement properly commenced and in process under any of the ordinances repealed hereby shall be specifically excluded from the provisions of this chapter, and shall be completed under the ordinance under which they were commenced. [Prior code § 32.510] §12.2.26 Land use report. Whenever the construction of a public improvement will have a significant impact on present or future land uses and the local improvement has not been considered in connection with a land use decision made pursuant to the Land Development Code, the City Manager shall cause to be prepared a land use report discussing the land use impacts of the improvement and considering the policies and findings of the Comprehensive Plan and Land Development Code. The report shall be transmitted to Council and considered for adoption at the time of the public hearing specified in this ordinance. §12.2.27 Notice for land use decision. When a land use decision must be made by Council in connection with an assessment district, a notice of the hearing shall be sent by mail to any owner of property within 150 feet of the proposed improvement. The notice shall specify the time and place of the hearing, the nature and location of the proposed improvement, and the department of the City from which additional information can be obtained. This notice shall be in addition to the requirements of this ordinance. §12.2.28 Land use hearing and findings. Council may hold a hearing on the land use impacts of a proposed improvement concurrently with the public hearing for the assessment of the property. Council shall determine whether the improvement is consistent with the policies and findings of the comprehensive Plan and Land Development Code. Council shall adopt findings in support of its determination. §12.2.29 Segregation. When property which is subject to a lien for local improvements is partitioned or a lot line is adjusted, the property owner may apply to the City to segregate the original liens to the new parcels of property. The property owner shall submit an application developed by the City Manager to the City Engineer. The City Engineer shall calculate new assessment figures for the partitioned properties utilizing the original assessment formula employed by Council when it levied the original assessments. No lien shall be placed against any parcel that does not constitute a valid buildable lot in accordance with the Land Development Code. No application for segregation shall be considered by the City Engineer if the original liens are delinquent. The application shall be accompanied by a fee in an amount equal to two (2) percent of the assessments to be segregated not to exceed the sum of $1, 000. No segregation of an assessment shall be approved which impairs the security of the municipal lien. No segregation shall be approved which results in the placement of a lien whose amount is greater than twice the assessed value of the new parcels. The City Engineer shall notify the City Manager of all segregation applications which have been approved by the City Engineer. The City Manager shall immediately make any adjustments to the municipal lien dockets. Chapter 12.3 Reserved for Expansion Chapter 12.4 Reserved for Expansion Chapter 12.5 SIDEWALK CONSTRUCTION AND REPAIR §12.5.1 Definitions. As used in Sections 0 and 0 through 0 the masculine includes the feminine and neuter, and the singular includes the plural. The following words mean: A. “Owner” means the person in whose name real property is assessed for tax purposes according to the latest assessment roll in the office of the county assessor for Polk County, Oregon; [Prior code § 33.141] §12.5.2 Sidewalk specifications. A. All sidewalks hereafter constructed within the city shall be constructed of concrete cement compounded of portland cement, clean sand, clean gravel and water in sufficient quantities to achieve a twenty-eight-day compressive strength of at least two thousand five hundred pounds per square inch when tested in accordance with applicable standards of the American Society for Testing Materials. B. All sidewalks shall be three and five-eights inches minimum thickness and five and three-eighths inches minimum thickness across driveways. C. Sidewalks shall have a fall of .025 inches per foot from the property line toward the curb, and shall be so laid that the street side of the walk shall be at an elevation equal to that of the curb of the street, unless the City Manager shall otherwise authorize. D. Sidewalks shall be divided into square blocks of no greater dimension than seven feet, by joints running across the walk at right angles to their length. Each joint shall be plainly marked with a deep cutter two inches in width. The edges of all blocks shall be smoothly marked with a three-inch edger and be free from broom marks. All walks and driveways shall receive a broom finish. E. Driveway portions of sidewalks shall be scribed in a like fashion, and shall be poured independent of walks and curbs, and shall be separated from such walks and curbs by a cold joint or one-half inch expansion joint. F. Sidewalks may be surfaced with brick, quarry-tile or other similar material upon satisfaction of the following conditions: 1. The city building official files with the City Manager a written declaration of the person's or her opinion that the proposed surface will not result in a significant increase in cost to the city of maintenance. 2. The city building official files with the City Manager a written declaration of the person's or her opinion that the proposed surface will not result in a significant increase in hazard to the public. 3. The owner of the property abutting the sidewalk files with the city an instrument, recordable in the deed records of Polk County and running with the land, covenanting to keep the sidewalk in good repair at the owner's own expense, and promising to make all needed repairs on demand from the City Manager. [Prior code § 33.110] §12.5.3 Location. All sidewalks shall be laid adjacent the street curb, except: A. Where an existing portion of sidewalk already exists within the block on or near the property line, all sidewalks upon that side of the street and within the block where the existing property line sidewalk exists shall be constructed adjacent the property line; B. Where the city council by resolution shall provide otherwise. [Prior code § 33.120] §12.5.4 Width. All sidewalks hereafter constructed or repaired shall be of the following minimum width, exclusive of any curb: A. If within a C-2 commercial zone as defined by the zoning ordinance of this city, or adjacent any property owned, used or to be used for school or public education purposes - eight feet; B. Elsewhere - five feet, except curb line walks shall be five feet inclusive of curb surface. [Prior code § 33.130] §12.5.5 Sidewalk beds. A. Where the earth is in an undisturbed condition, no bed other than the earth needs to be used. B. Where the earth has been disturbed, either through leveling or clearing, then a sidewalk bed of sand or small gravel not less than three inches shall be placed before the sidewalk cement is poured. [Prior code § 33.140] §12.5.6 Construction permit required- Sidewalks. A. No person, firm, corporation or unit of government other than the city shall construct any sidewalk without first applying for and receiving a permit to so construct such sidewalk from the City Manager. B. No sidewalk shall be constructed by any person, firm, corporation or unit of government other than the city without the construction thereof being inspected by the City Manager and approved by the Manager as conforming to the standards of the city. [Prior code § 33.150] §12.5.7 Curb specifications. A. All curbs hereinafter constructed upon public streets within the city shall be of concrete cement and shall be set so that their top and the alignment and distance from the established street grades and centers are as prescribed in the approved project plans or as approved by the City Manager. B. Curbs shall be constructed sixteen inches high, perpendicular on the back, six inches wide at the top, not less than eight inches wide at the bottom, and shall be sloped at the front. The back of the curbs at the top shall be finished with not greater than a one-half inch radius tool. The front edge shall be finished with a one-inch radius tool. Each curb shall be fitted with an expansion joint filled with suitable material every fifteen feet. C. No curb cut or driveway approach through a curb shall be permitted except that the cut shall be smoothed and the portion of curb remaining shall be no less than one inch nor more than two inches above the level of the adjoining paving. [Prior code § 33.160] §12.5.8 Construction permit required- Curbs. A. No person, firm, corporation or unit of government other than the city or state of Oregon Highway Division shall construct any curb or make any cut or alteration in any existing curb without first obtaining from the City Manager a permit for such construction, cut or alteration. B. No curb shall be constructed, nor shall any cut or alteration be made in any existing curb without the construction thereof being inspected by the City Manager and approved by the Manager as conforming to the standards of the city. [Prior code § 33.170] §12.5.9 Driveway specifications. No driveway shall be used or maintained unless the traveled portion thereof, exclusive of that portion used as sidewalk, shall be paved between the property line and the curb line with concrete cement or asphaltic cement. [Prior code § 33.180] §12.5.10 Planting wells. A. Planting wells on sidewalks for trees or other vegetation are permitted on sidewalks provided that: 1. The well measures no more than three feet in any lateral direction; 2. No less than one foot of sidewalk is constructed between the curb and edge of the planting well; 3. No less than four feet of sidewalk is constructed between the planting well and the property line; and 4. The planting well shall be so constructed as to provide protection against growth of weeds or wild grass. B. Planters on sidewalks are permitted on sidewalks provided that: 1. The planter measures no more than four feet in any lateral direction and no more than three feet in height; 2. The planter is placed no more than one foot from any building; 3. If the planter is placed adjacent to the curb; such planter is placed in no parking areas; and 4. A minimum passageway of six feet is available for pedestrian traffic at all times. C. Approval by the city of any sidewalk planting well or planter shall not obligate the city to maintain the same, and maintenance of the well and any plantings therein shall be the obligation of the owner of the adjoining property. [Ord. 1150 § 1, 1986: prior code § 33.185] §12.5.11 Sidewalk eating areas. A. As an exception to the obstruction prohibitions set forth in Section 0 of this code pertaining to obstructing passageways, cafe and restaurant owners or proprietors who wish to operate a sidewalk eating area shall obtain a permit for the sidewalk eating area. The sidewalk eating area shall meet the following requirements: 1. The sidewalk eating area's boundaries shall be the business' property lines and an outer line not less than five feet from all streets, curbs or permanent landscaping; 2. The sidewalk eating area shall only be used from May 14th until October 1st of each year and daily from store opening until dusk; 3. All tables, chairs and accessories shall be removed from public property during seasons when the sidewalk eating area is not in use; 4. The owner or proprietor shall accept liability for any damage claims arising from the existence of the sidewalk eating area or for any costs arising from the abatement of any public nuisance arising from the existence of the sidewalk eating area. B. An owner or proprietor who wishes to obtain a permit for a sidewalk eating area shall submit to the City Manager an application containing: 1. The dimensions of the proposed eating area and distances to applicable streets, curbs and permanent landscaping; 2. The specific beginning and ending dates of planned seasonal use and the planned hours of daily operation; 3. Any information requested by the City Manager concerning care and management of the area; 4. A statement that the applicant accepts liability and holds the city harmless for damage claims arising from the existence of the sidewalk eating area or for any costs arising from the abatement of any public nuisance arising from the existence of the sidewalk eating area; 5. A certificate of liability insurance in an amount not less than one hundred thousand dollars. C. The City Manager shall review each application and the site of the requested permit for a sidewalk eating area. The City Manager shall issue the permit if the request meets the requirements of subsection A of this section and the sidewalk eating area does not violate any city ordinance. The permit shall state the area boundaries, date of termination and hours of operation. D. As used in this section the term “sidewalk eating area” means an area of city sidewalk in front of a restaurant or cafe for which provision is made for consumption of food or nonalcoholic beverages. The term does not include preparation or sale of food or alcoholic beverages. [Ord. 1150 § 2, 1986: prior code § 33.190] §12.5.12 Repair and maintenance-Owner responsible. The person owning the real property adjacent to or abutting on a public sidewalk, shall, at the person's sole cost and expense, keep the sidewalk in good repair and free of hazards to persons lawfully on or adjacent to such sidewalk. The person owning the real property adjacent to or abutting on a public sidewalk shall be liable for any injuries or other damages resulting from a defective sidewalk which he or she is obligated to repair under this section, and the person shall, furthermore, hold harmless and indemnify the city for any costs the city may incur as a result of the defective sidewalk. [Prior code § 33.142] §12.5.13 Duty to report defective sidewalks. Whenever a public sidewalk is found to be defective, out of repair, or hazardous by any officer of the city, or by any other person, a report thereof shall be made to the City Manager. The City Manager shall thereafter report such defective, out of repair, or hazardous sidewalk to the city council. [Prior code § 33.143] §12.5.14 Defective walks declared nuisance. After receiving the report of the City Manager referred to in Section 0, the city council, by resolution, may declare the defective, out of repair or hazardous sidewalk a nuisance, and direct that the defect or hazardous condition be eliminated or that the sidewalk be placed in a state of good repair. [Prior code § 33.144] §12.5.15 Notice to owner. Within five days after the passage of the resolution referred to in Section 0, the City Manager shall give notice to the owner of the real property adjacent to or abutting on the sidewalk of the defect therein, the state of disrepair thereof, or of the hazard resulting therefrom, and of the determination that such condition constitutes a nuisance, by sending to such owner, by certified mail, at the person's address as shown on the last tax assessment roll in the office of the county assessor of Polk County, Oregon, a copy of such resolution and a copy of this chapter. [Prior code § 33.145] §12.5.16 Repairs to city specifications. All repairs undertaken pursuant to this chapter shall be according to city specifications as set forth in the provisions of this chapter, a copy of which shall at all times be available for public inspection in the office of the city recorder. [Prior code § 33.146] §12.5.17 Failure of owner to repair. If the owner does not correct the defect, or eliminate the hazard in, or make repairs to the sidewalk as required by the resolution within the time specified therein, the City Manager may cause such defect or hazard to be eliminated or such repair to be made by the city and assess the cost thereof against the property abutting thereon and adjacent thereto. [Prior code § 33.147] §12.5.18 Assessment of costs of repair. The assessment of the costs of eliminating the defect or hazard or making the repair to the sidewalk shall be declared by ordinance, and it shall be entered into the docket of city liens and shall thereupon become a lien against the property. The collection and enforcement of the lien shall be accomplished in the same manner as in the case of the collection and enforcement of the street liens, but irregularities or informalities in the procedure shall be disregarded. [Prior code § 33.148] Chapter 12.6 CURBLINES §12.6.1 Distance from property lines. A. All curblines on the west side of Second Street from the north line of Monmouth Street to the south line of B Street shall be ten feet from the abutting property line, and all curblines on the east side of Second Street from the north line of C Street to the south line of B Street shall be ten feet from the abutting property line and shall conform to the official grades of the street and shall be uniform as to material, dimensions and distances from the property lines along which they are built and shall be composed of cement concrete and shall be six inches at the top and eight inches at the bottom and fourteen inches in height and depth; and the spaces between the curblines and the sidewalk shall be filled with earth on a level with the sidewalk and in the space may also be planted flowers and ornamental shrubbery for the purpose of beautifying the city. B. All curblines on the west side of Second Street from the south line of Monmouth Street to the north line of E Street shall be ten feet from the property line abutting thereto, and all curblines on the east side of Second Street from the south line of C Street to the south line of E Street shall be ten feet from the abutting property line and shall conform to the official grade of the street and shall be uniform as to material, dimensions and distances from the property lines along which they are built and shall be composed of cement concrete and shall be eight inches at the bottom and six inches at the top and fourteen inches in height and depth; and the spaces between the curblines and the sidewalk may be filled with earth on a level with the sidewalk and in the spaces may be planted shrubbery, ornamental, and flowers for the purpose of beautifying the city. C. All curblines on B Street between First and Second Streets in the city shall be ten feet from the property line; and on E and D Streets in the city they shall be built fourteen feet from the property lines abutting thereon and shall conform to the official grades of the streets and shall be uniform as to material, dimensions and distances from the property lines along which they are built and shall be composed of cement concrete and shall be eight inches at the bottom, six inches at the top and fourteen inches in height and depth; and the spaces between the sidewalk and the curbline shall be filled in with earth to a level with the sidewalk and planted to rose bushes and ornamental shrubbery for the purpose of beautifying the city. D. All curblines on Main Street shall be fourteen feet from the abutting property lines. All curblines on Log Cabin and Sag Streets shall be fourteen feet from the abutting property lines. On Marsh Street the curblines on the west side thereof shall be ten feet from the abutting property lines and on the east side thereof the curblines shall be fourteen feet from the abutting property lines thereto. All curblines on Jew, Williams, Picture, Boatlanding, Grand and Oak Streets shall be fourteen feet from the abutting property lines, and all of such curblines shall be uniform as to materials, dimensions and distances from the property lines and shall conform to the official grades of the streets along which they are built and shall be constructed of cement concrete, and shall be six inches at the top and eight inches at the bottom and fourteen inches in height and depth; and the space between the curblines and the sidewalks shall be filled with earth on a level with the sidewalks and shall be seeded to yard grass and kept well sprinkled during the dry season by the abutting property owners in front of their respective abutting property to keep the grass thereon green and may be set to rose bushes or other ornamental shrubbery for the purpose of beautifying the city, and such grass shall be kept mowed and shrubbery well trimmed. E. All curblines in the city, on all streets lying south of E. A. Thorp's Town of Independence, west of Second Street, and south of E Street on east side of Second Street shall be fourteen feet from the abutting property lines, and all such curblines shall be of uniform size and dimension, also as to materials used therein, and shall be concrete curblines and shall be fourteen inches in height, eight inches wide at the bottom and six inches wide at the top; and the spaces between the sidewalk and such curblines shall be filled with earth on a level with the sidewalk and shall be seeded to yard grass and kept sprinkled during the dry season by the abutting property owners in front of their respective abutting property to keep the grass green thereon during such dry season, and may also be set to rose bushes or other ornamental shrubbery for the beautifying of the city; and such grass shall be kept mowed and shrubbery well trimmed at proper times and season; provided, however, C Street and E Street are excepted from the operations of this chapter. F. All curblines in the city, on all streets lying south of E. A. Thorp's Town of Independence west of Second Street and south of E Street on east side of Second Street shall be fourteen feet from the abutting property lines, excepting the curblines on Third Street between A and B Streets in the city, which shall be eighteen feet from the abutting property lines; and all such curblines shall be of uniform size and dimensions, also as to lines, and shall be fourteen inches in height, eight inches wide at the bottom and six inches wide at the top, and be of concrete material; and the spaces between the sidewalk and such curblines shall be filled with earth on a level with the sidewalk and shall be seeded to yard grass and kept sprinkled during the dry season in each year by the abutting property owners in front of their respective abutting property, and may also be set to rose bushes, or other ornamental shrubbery, for the purpose of beautifying the same, and such grass shall be kept mowed and the shrubbery well trimmed at proper times and seasons, provided, however, curblines on C Street shall be eighteen feet from property lines abutting thereon. [Prior code § 30.110] §12.6.2 Space between curblines and sidewalks. A. All abutting property owners within the corporate limits of the city shall keep the space between the curblines built in the street abutting to their property and the sidewalk built on the street and adjacent to their property, lots or blocks filled with rich soil or earth to a level with such sidewalk and shall sow the same to lawn grass and may plant flowering shrubbery thereon and shall at all times keep such parking in a neat and attractive condition by keeping such grass mown and shrubbery trimmed so as to make the same an ornament to such parking and, during the dry summer and fall months of each year, shall keep such parkings well sprinkled with water so as to keep such grass green, all of which shall be done at the expense of such property owner. B. In case any such property owner shall neglect to comply with the provisions of subsection A of this section or any part thereof, the city marshal shall give such delinquent property owner five days' notice to proceed to comply with the provisions of subsection A of this section and, if such property owner has not so complied therewith at the expiration of such time, then the city marshal shall proceed to carry out the provisions of subsection A of this section, keeping a strict account of all expenses incurred by reason thereof, and report the same to the city council at its next regular meeting thereafter; and such expenses shall become a lien upon such abutting property, lots or blocks, or parts thereof liable therefor and shall be collected in the same manner street improvement assessments are collected. [Prior code § 30.210] Chapter 12.7 Reserved for Expansion Chapter 12.8 Reserved for Expansion Chapter 12.9 Reserved for Expansion Chapter 12.10 Reserved for Expansion Chapter 12.11 OFF-STREET PUBLIC PARKING FACILITIES §12.11.1 Initiation of proceedings- Resolution of intent. A. Whenever the common council of the city shall deem it necessary to acquire or develop an off-street public parking facility to be paid for in whole or in part by special assessment according to the benefits, then the common council shall, by resolution, declare the necessity for such an off-street and public parking facility and direct the City Manager to make a survey and written report for such project and file the same with the city recorder. That resolution may be adopted upon the council's own initiative, or upon the petition of the owners of one-half of the area of property to benefit specially from a proposed off-street motor vehicle parking facility. The benefitted area shall not include any property upon which is located an existing public commercial off-street parking lot or facility operated for revenue and which is not operated for convenience of customers. B. The resolution of intent shall contain a preliminary description of the land to be acquired or improved for the off-street parking district, or a preliminary description of a general area within which the land shall be acquired or improved. C. The resolution of intent shall contain a preliminary description of the land proposed to be assessed for special benefits for such off-street public parking facility. D. The resolution of intent shall contain a preliminary description of the type of improvement to be made on the land in question. [Prior code § 31.110] §12.11.2 Survey and written report. Upon direction by the city council, the City Manager shall make a survey and written report for the off-street public parking facility and file the same with the city recorder. Unless the council shall direct otherwise, such report shall contain, when applicable, the following matters: A. A map or plat showing the general nature, location and extent of the proposed off-street parking facility and the lands to be assessed for the payment of all or any part of the cost thereof; B. The plans, specifications and estimates of the work to be done; C. An estimate of the probable cost of the acquisition and improvement, including any legal, administrative and engineering costs attributable thereto; D. A recommendation as to the method of assessment to be used to arrive at a fair apportionment of the whole or any portion of the costs of the improvement to the properties specially benefitted; E. A legal description of the land to be acquired, together with the names of all persons claiming an interest of record in and to the land in question and individual parcels thereof and, when readily available, the names of any contract purchasers of the land and tenants and parties in possession thereof; F. The description and assessed value of each lot, parcel of land, or a portion thereof to be specifically benefitted by the off-street parking facility, with the names of the persons claiming an interest therein of record and, when readily available, the names of contract purchasers thereof; G. A statement of outstanding assessments, if any, against property to be assessed for such improvements; H. An estimate of the unit cost of the improvement to the specially benefitted properties by applying the recommended assessment procedure; I. The amount of city participation, if any, recommended by the City Manager; J. A proposed time table for the completion of the project; K. A proposed method of interim financing. [Prior code § 31.120] §12.11.3 Survey and written report- Council review. After the City Manager's report shall have been filed with the city recorder, the council shall thereafter, by motion, give preliminary approval to the report, modify the report and give preliminary approval to it as modified, require the City Manager to supply additional or different information for such improvements, and give preliminary approval to the report as supplemented, or it may abandon the improvement. [Prior code § 31.125] §12.11.4 Notice of hearing. After the council shall have given preliminary approval to the City Manager's report as submitted, modified or supplemented, the council shall, by resolution, declare its intention to proceed with the off-street parking facility improvement and provide the proposed manner and method of carrying out the improvement. The council shall, thereupon, set a time and place for a public hearing to be held on the improvement, and shall direct the recorder to give notice of such improvement and of such public hearing by publishing, in a newspaper published in and of general circulation in the city, a notice of its intention to establish an off-street motor vehicle parking facility. The notice shall be published once a week for two consecutive weeks, making three publications in all, and will also be posted in three public places in the city for not less than two consecutive weeks prior to the hearing. The notice shall contain the following matters: A. A statement that the city council has declared its intention to make an off-street parking facility improvement in the city and to assess the cost or portion thereof to benefitted properties; B. A statement that a tentatively approved report of the City Manager, setting forth the detail of the proposed improvement, is on file in the office of the city recorder and is subject to public examination; C. A statement that the city council will hold a public hearing on the proposed off-street parking facility improvement, and a statement of the time and place at which the hearing will be held; D. A statement that at the hearing the city council will hear objections and remonstrances to the proposed improvement, and a further statement that if, prior to such hearing, there shall be presented to the recorder written objections by more than one-half of the owners of property proposed to be assessed, based either upon percentage of area or upon the percentage of assessed valuation within the proposed assessment and benefitted area, then the improvement will be abandoned for at least one year; E. A description of the property to be specially benefitted by the improvement, including the names of the owners of such property as are contained in the City Manager's report, and the City Manager's estimate of the unit cost of the improvement to the property to be specially benefitted, and the estimate of the total cost of the improvement to be paid for by special assessment to benefitted properties; F. A statement that the matters set forth in the notice are the best available estimates only and are not necessarily exact and permanent, and that all matters in the basic plan are subject to change by the city council at or subsequent to the hearing. [Prior code § 31.130] §12.11.5 Additional notice to owners. The City Manager is authorized to give additional notice to the owners of property within the area of the proposed assessment by mailing copies of the notice to the owners at the last address had for them by the city. That additional notice is not mandatory, and shall not be considered as a part of the necessary service of process herein. [Prior code § 31.135] §12.11.6 Publication and posting of notice deemed sufficient. The publication in the newspaper and the posting of the notice as provided in this chapter is deemed notice to the owners of all parcels of land described in the notice of the pendency of the proceedings for the establishment of the off-street motor vehicle parking facility and the proposed assessment therefor, regardless of whether or not those individuals are named in the notice. Any person who has actual notice of any proposed action or assessment hereunder, and fails to object to the proceedings, shall be deemed to have waived any absence or defect in the notice of method of service thereof. [Prior code § 31.160] §12.11.7 Hearing. At the time and place of the public hearing on the proposed improvement, the council shall hear written and oral objections and remonstrances to the proposed improvement and procedure. If written objections shall be received by the council from more than one-half of the owners of property proposed to be assessed, based either upon percentage of area or upon the percentage of the assessed valuation within the proposed assessment and benefitted area, then improvement shall be abandoned for at least one year. If the written objections shall represent less than the amount of property required to defeat the proposed improvement, then, on the basis of the hearing of written and oral objections, if any, the council may, by motion, at the time of the hearing or at any time thereafter, order the improvement to be carried out in accordance with the terms of an ordinance provided therefor; or the council may, on its own motion, abandon the improvement. The ordinance may adopt the plan set forth in the manager's report either in whole or in part, or it may adopt the plan in whole or in part as amended or supplemented by the council after the hearing. [Prior code § 31.140] §12.11.8 Manner of doing work. The council may provide in the improvement ordinance for the acquisition of necessary property for the improvement and that the construction work may be done in whole or in part by the city, by a contract or by any other governmental agency, or by any combination thereof. [Prior code § 31.145] §12.11.9 Purchase of property-Contract bids. A. The council may, at its discretion, at any time either before or during the initiation of proceedings to provide public off-street parking facilities as herein contemplated, obtain options for the purchase of specific property for such purposes or enter into binding agreements for the purchase of property for such purposes, and may obtain preliminary bids for the improvement of such property. The costs of such property may be taken into consideration in determining the assessment to benefitted properties, regardless of whether or not the same was purchased or optioned prior to the initiation of the procedure. Preliminary bids shall be based upon the tentatively approved City Manager's report. If, after the ordinance to improve is passed, there has been no substantial change in the tentatively approved manager's report, then the preliminary bids may be accepted by the city; and a contract for the improvement may be entered into with low preliminary bidder. Nothing herein contained shall be construed to prevent the council from waiting until after the ordinance to improve in order to make its first call for bids or in order to obtain its first options or contract for the purchase and acquisition of property. B. In the event that any part of the work of the improvement is to be done under contract bids, then the council shall determine the time and manner of advertising for bids; and the contract shall be let to the lowest responsible bidder; provided, that the council shall have the right to reject all bids when they are deemed unreasonable or unsatisfactory. The city shall provide for the bonding of all contractors for the faithful performance of any contract let under its authority; and the provisions thereof, in case of default, shall be enforced by an action in the name of the city. [Prior code § 31.150] §12.11.10 Cost of property acquisition and improvement-Report. Upon completion or substantial completion of the project, the City Manager shall make a report to the city council showing the actual cost of the acquisition of properties and improvement thereof. [Prior code § 31.155] §12.11.11 Assessments. The procedure for levying, collecting and enforcing special assessments for public improvements or other services to be charged against property specially benefitted by any of such improvements or repair under the provisions of this chapter shall be made as provided by the charter and ordinances of the city and by the provisions of the Oregon Bancroft Bonding Act (ORS 223.205-223.295) together with existing or future amendments thereto and thereof. [Prior code § 31.170] §12.11.12 Compliance with chapter provisions. The provisions of this chapter are advisory and are not mandatory and are not meant to require any dispensable jurisdictional requirements not required by an applicable constitutional provision or the charter of the city; and a substantial compliance with the terms of this chapter is sufficient compliance, regardless of the subject matter to which the requirements apply. [Prior code § 31.165] Chapter 12.12 PARADES AND PROCESSIONS §12.12.1 Permit-Required. No person shall organize or participate in a parade which may disrupt or interfere with traffic without obtaining a permit. A permit shall always be required of a procession of people utilizing the public right-of-way and consisting of fifteen or more persons or five or more vehicles. [Prior code § 52.610] §12.12.2 Permit-Application-Issuance. A. Application for parade permits shall be made to the chief of police at least fifteen days prior to the intended date of the parade, unless the time is waived by the Chief. B. Applications shall include the following information: 1. The name and address of the person responsible for the proposed parade; 2. The date of the proposed parade; 3. The desired route, including assembling points; 4. The number of persons, vehicles and animals which will be participating in the parade; 5. The proposed starting and ending time; 6. The application shall be signed by the person designated as chairman. C. If the chief of police, upon receipt of the application, determines that the parade can be conducted without endangering public safety and without seriously inconveniencing the general public, the chief shall approve the route and issue the permit. D. If the chief of police determines that the parade cannot be conducted without endangering public safety or seriously inconveniencing the general public, the chief may: 1. Propose an alternate route; 2. Propose an alternate date; 3. Refuse to issue a parade permit. E. The chief of police shall notify the applicant of the person's decision within five days of receipt of the application. F. If the chief of police proposes alternatives or refuses to issue a permit, the applicant shall have the right to appeal the person's decision to the city council. [Prior code § 52.615] §12.12.3 Permit denied-Appeal to council. A. An applicant may appeal the decision of the chief of police by filing a written request of appeal with the city recorder within five days after the chief of police has proposed alternatives or refused to issue a permit. B. The council shall schedule a hearing date following the filing of the written appeal with the city recorder, and shall notify the applicant of the date and time that the applicant may appear either in person or by a representative. [Prior code § 52.620] §12.12.4 Permit revocable. The chief of police may revoke a parade permit if circumstances clearly show that the parade can no longer be conducted consistent with public safety. [Prior code § 52.630] §12.12.5 Funeral procession-Permit not required. A permit shall not be required to conduct a funeral procession. A. The procession shall proceed to the place of interment by the most direct route which is both legal and practicable. B. The procession shall be accompanied by adequate escort vehicles for traffic control purposes. C. All motor vehicles in the procession shall be operated with their lights turned on. D. No person shall unreasonably interfere with a funeral procession. E. No person shall operate a vehicle that is not part of the procession between the vehicles of a funeral procession. [Prior code § 52.635] §12.12.6 Interference with parade not permitted. A. No person shall unreasonably interfere with a parade of parade participant. B. No person shall operate a vehicle that is not part of a parade between the vehicles or persons comprising a parade. [Prior code § 52.625] Chapter 12.13 STREET TREES AND SHRUBS §12.13.1 Enforcement of chapter provisions. The City Manager or the person's duly authorized representative shall be charged with the enforcement of this chapter. [Prior code § 45.110] §12.13.2 Planting or removal-Permission required. No trees or shrubs shall hereafter be planted in or removed from any public parking strip or other public place in the city without permission from the City Manager. [Prior code § 45.120] §12.13.3 New trees and shrubs to conform. All trees and shrubs hereafter planted in any public parking strip or other public place in the city shall conform as to species and location to the street tree plan if any may exist or to any future street plan which may be prepared for a specified area. [Prior code § 45.130] §12.13.4 Prohibited species. A. It is unlawful to plant in any public parking strip the following trees: poplar, willow, conifer, native western maple, cottonwood, fruit trees, nut trees and ailanthus. B. It is unlawful to plant willow, cottonwood or poplar trees anywhere in the city where the tree roots will interfere with a public sewer. [Prior code § 45.140] §12.13.5 Removal-Authority. The City Manager or the person's duly authorized representative may cause to be trimmed, pruned or removed any trees, shrubs, plants or vegetation in any parking strip or other public place, or may require any property owner to trim, prune or remove any trees, shrubs, plants or vegetation in a parking strip abutting upon the owner's property, and failure to comply therewith, after thirty days' notice by the recorder-treasurer, shall be deemed a violation of this chapter. [Prior code § 45.150] §12.13.6 Trees and shrubs a nuisance when. Any tree or shrub growing in a parking strip or any public place, or in private property, which is endangering or which in any way may endanger the security or usefulness of any public street, sewer or sidewalk, is declared to be a public nuisance, and the city may remove or trim such tree, or may require the property owner to remove or trim any such tree on private property, or in a parking strip abutting upon the owner's property. Failure of the property owner to remove or trim any such tree after thirty days' notice by the recorder-treasurer shall be deemed a violation of this chapter and the City Manager may then remove or trim the tree and assess the costs against the property. [Prior code § 45.160] §12.13.7 Appeal of order. Appeals from orders made hereunder may be made by filing written notice thereof with the recorder-treasurer within ten days after such order is received, stating in substance that appeal is being made from such order to the city council. The recorder-treasurer shall thereupon call such appeal to the attention of the city council at the next regular succeeding meeting, at which meeting the appellant and the City Manager may present evidence. Action taken by the city council after such hearing shall be conclusive. [Prior code § 45.170] §12.13.8 Damage prohibited. It is a violation of this chapter to abuse, destroy, or mutilate any tree, shrub or plant in a public parking strip (other than one used to support a young or broken tree), sign, poster, handbill or other thing to or on any tree growing in a public place, or to cause or permit any wire charged with electricity to come in contact with any such tree, or to allow any gaseous, liquid or solid substance which is harmful to such trees to come in contact with their roots or leaves. [Prior code § 45.180] Chapter 12.14 Reserved for Expansion Chapter 12.15 Reserved for Expansion Chapter 12.16 Reserved for Expansion Chapter 12.17 Reserved for Expansion Chapter 12.18 Reserved for Expansion Chapter 12.19 Reserved for Expansion Chapter 12.20 Reserved for Expansion Chapter 12.21 CITY PARKS §12.21.1 Definitions. As used in this chapter: “Authorized liquor concessionaire” means a person who has obtained a special permit from the city council and any necessary license from the Oregon Liquor Control Commission. “Class I fireworks” means any combustible or explosive composition or substance, or any combination of such compositions or substances, or any other article which was prepared for the purpose of providing a visible or audible effect by combustion, explosion, deflagration or detonation, and includes blank cartridges or toy cannons in which explosives are used, balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, bombs, rockets, wheels, colored fires, fountains, mines, serpents or any other article of like construction or any article containing any explosive or inflammable compound, or any tablets or other device containing any explosive substances or inflammable compound, except those devices listed as Class II fireworks. “Class II fireworks” means: 1. Sparklers, toy pistol paper caps, toy pistols, toy canes, snakes, smoke-producing devices or other devices in which paper caps containing .25 grains or less of explosive compound are used, and when the rate of burning and the explosive force of the materials in such devices are not greater than an equivalent weight of F.F.F.G. black powder, and when such devices are so constructed that the hand cannot come in contact with the cap when in place for explosion, and the major explosive force is contained or dispelled within the housing or shell of the device, there is no visible flame during discharge, there is no flaming or smoldering of any of the components or parts of the device after discharge, and the device does not produce sufficient heat to readily ignite combustible materials upon which the device may be placed; 2. Cone fountains, cylindrical fountains, flitter sparklers, ground spinners, illuminating torches and wheels, as defined in ORS 480.127. “Commercial purposes” means to sell or expose for sales any food, beverage, merchandise, article or thing, or charge an admission fee. “Park” means a park, playground, swimming pool, ballfield, recreation center or any other area in the city, owned or used by the city, and devoted to active or passive recreation. [ “Person” means any person, firm, partnership, association, corporation, nonprofit corporation, company or organization of any kind. [Ord. 1239 § 1, 1991; Ord. 1178 § 1 (part), 1988: prior code § 45.010)]] §12.21.2 Use of parks encouraged. The parks are maintained for the recreation of the public and the greatest possible use is encouraged, subject only to such regulation as will preserve the parks for the purposes for which they are laid out and the enjoyment, convenience and safety of all concerned. [Ord. 1178 § 1 (part), 1988: prior code § 45.015] §12.21.3 Park operating policy. A. Except for unusual and unforeseen emergencies, city parks shall be open to the public every day of the year during designated hours. The City Manager may establish opening and closing hours for each individual park, which hours shall be posted therein for public information. B. A park, or portion thereof, may be reserved for picnics, reunions, concerts, noncommercial activities or public gatherings. Reservations shall be made through the City Manager on an approved application form, subject to the conditions listed below: 1. That the proposed activity or use of the park will not unreasonably interfere with or detract from the promotion of public health, welfare, safety or recreation; 2. That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park; 3. That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct; 4. That the proposed activity will not entail unusual, extraordinary activity, burdensome expenses or police operation by the city; 5. That the facility desired has not been reserved for other use at the day and hour requested in the application; 6. That any applicable permit deposits and fees have been paid prior to the date of the requested usage of the park facility; 7. That the applicant agrees to any other conditions reasonably imposed on an application form approved by the city council. C. A park, or portion thereof, may be used for commercial purposes only after obtaining a written permit from the city. Permits shall be issued by the City Manager upon a finding that the applicant has met the conditions set forth in subsection B of this section, plus the following conditions: 1. Provided an application fee in the amount of ten dollars and a deposit in the amount of fifty dollars, which is refundable at the termination of the permit if the applicant has met all other conditions and obligations of the permit; 2. For any person selling or dispensing food or beverage of any kind, submits documentation that he or she has obtained all health, sanitary and permit licenses from the state and county; 3. Provides proof of public liability insurance in the amount of one hundred thousand to three hundred thousand dollars bodily injury and fifty thousand dollars property damage or a three hundred thousand dollar combined single limit policy; 4. Provides a signed indemnity agreement agreeing to hold the city harmless for the person's or her acts and for the acts of any employees or agents; 5. Agrees to any other conditions reasonably imposed on an application form approved by the city council. D. In lieu of requiring individual applications for commercial activities, a single permit may be granted to sponsors of public events in which two or more commercial applicants will be in attendance. A permit shall be issued upon a finding that the sponsor has met the conditions set forth in subsection B of this section and the following conditions: 1. Provides an application fee in the amount of twenty dollars and a deposit in the amount of one hundred fifty dollars which is refundable at the termination of the permit if the sponsor has met all other conditions and obligations of the permit; 2. Provides documentation of the required state and county health, sanitary and permit licenses for those commercial activities selling or dispensing food or beverages; 3. Provides proof of public liability insurance in the amount of one hundred thousand dollar to three hundred thousand dollar bodily injury and fifty thousand dollar property damage or a three hundred thousand dollar combined single limit policy; 4. Provides a signed indemnity agreement agreeing to hold the city harmless for acts of the sponsor, its employees or agents acting in behalf of the sponsor of the public event; 5. Agrees to any other conditions reasonably imposed on an application form approved by the city council. E. Duration of Permits. Any permit granted in accordance with subsection B or C of this section shall be for a period not to exceed five consecutive days. No person shall be allowed to obtain more than four permits within any calendar year. [Ord. 1178 § 1 (part), 1988: prior code § 45.020] §12.21.4 Activities prohibited-Exceptions. The following activities shall be prohibited, except under specified conditions: A. Use of Alcoholic Beverages in Parks. It is unlawful for any person to possess or consume any alcoholic beverage in a park, except under the following conditions: 1. The alcoholic beverage is obtained from an authorized liquor concessionaire at a park, as defined in Section 0 2. The alcoholic beverage is packaged in an individual container; and 3. The alcoholic beverage is consumed in an area specifically designated by the city council. B. Sale, Possession, Use and Discharge of Fireworks. 1. It is unlawful for any person to sell, keep or offer for sale, expose for sale, possess, use, explode or have exploded any Class I fireworks in any park, except as authorized by the state fire marshal. 2. In addition to the prohibitions listed immediately above, it is also unlawful for any person to sell, keep or offer for sale, expose for sale, possess, use, explode or have exploded any Class II fireworks in any park during the Western Days Celebration, the dates of which shall be determined annually by the city council. 3. It is unlawful for any person to sell, offer for sale or expose for sale any Class II fireworks in any park at any time. C. Overnight Use of Parks. It is unlawful for any person to set up tents or any other temporary shelter or to use house trailers, campers, RV's or automobiles for the purpose of overnight camping in any city park unless such camping shall be in a designated RV park or unless first obtaining written consent from the City Manager. D. Hunting and Firearms. It is unlawful for any person to hunt, trap or pursue wildlife at any time, or to use, carry or possess firearms, air rifles, spring guns, bows and arrows, slings or any other form of weapon potentially harmful to wildlife and/or human safety, or any instrument that can be loaded with and fire blank cartridges or any kind of trapping device, or any weapon designated as “dangerous” by the laws of the state of Oregon. Excepted from this provision are instruments loaded with blank cartridges used at bonafide, licensed track and field events, sporting events or organized and licensed black-powder shooting events. Further excepted are hunters using the park facility as access for boat hunting. In this exception, hunters must ensure that their guns are unloaded. E. Animals. It is unlawful for any person to permit any domestic or other animal to run at large in a park. Horseback riding shall be confined solely to vehicle roadways and designated bridle paths. Where permitted horses shall be thoroughly broken and properly restrained, ridden with due care and not be allowed to graze or go unattended. F. Swimming. No person shall swim in any areas posted as a “no swimming area.” No person shall use a public dock for the purpose of ingress or egress while swimming in the Willamette River. G. Boating. It is unlawful for any person to navigate, direct or handle any boat in such a manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupants of any other boat or swimmer. H. Kindling Fires. It is unlawful for any person to light, kindle or use any fire in any park except in fireplaces, stoves or receptacles provided for that purpose. I. Vandalism. It is unlawful for any person to break, destroy or damage any shrubs, grass, trees, plants, flowers, fences, buildings, tables, benches, seats or any other lands or property or improvements of any kind within city parks. J. Dumping Refuse or Debris in Parks. It is unlawful for any person to throw, leave or deposit any bottle, broken glass, ashes, wastepaper or other rubbish, or break any glass in any park, except at such places or in such receptacles as may be designated or provided by the city. K. Park Traffic Regulations. It is unlawful for any person to drive any automobile or other vehicle as defined in the Oregon Motor Vehicle Code within such parks contrary to the rules and regulations set forth in the Oregon Motor Vehicle Code or any ordinance of the city for the operation of vehicles operating within the city limits. It is unlawful for any person to disobey any of the signs erected for the direction of traffic within such parks pursuant to this chapter, or any rules made pursuant to this chapter. L. No person shall use threatening, abusive, indecent language, or behave in a disorderly manner, or do any act tending to a breach of the public peace while in any park in the city. M. No person shall blow, spread or place any nasal or other bodily discharge or spit, urinate or defecate on the floors, walls, partitions, furniture, fittings or any portion of a public convenience station located in any park in the city, or in any place in such station, excepting directly into the particular fixture provided for that purpose. N. No person shall place a bottle, can, cloth, rag or metal, wood or stone substance in the plumbing fixtures in such stations. O. Repealed. P. No person shall bathe nor use public facilities for bathing purposes at a public park, except in facilities specifically designated for bathing or showering. [Ord. 1247 § 1, 1991; Ord. 1239 § 2, 1991; Ord. 1178 § 1 (part), 1988: prior code § 45.025] §12.21.5 Permits subject to ordinances and regulations. All permits issued by the city shall be subject to city ordinances. The person to whom such permits are issued shall be bound by the rules, regulations and ordinances as fully as though the same were inserted in such permits. Any person or persons to whom such permits shall be issued shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall be issued. The City Manager shall have the power to revoke any permit upon a finding that a person has violated any rule, regulation or ordinance of the city. [Ord. 1178 § 1 (part), 1988; prior code § 45.035] §12.21.6 Permits to be exhibited. Any person claiming to have a permit from the city shall produce and exhibit such permit upon the request of any authorized person who may desire to inspect the same. [Ord. 1178 § 1 (part), 1988; prior code § 45.040] §12.21.7 Exclusion from parks. A. A police officer may exclude a person who violates a provision of Section 0 from any or all parks for a period of not more than thirty days. 1. Written notice shall be given to a person excluded from the parks. The notice shall specify the dates of exclusion and shall be signed by the issuing officer. Warning of consequences for failure to comply shall be prominently displayed on the notice. 2. A person receiving notice may, within five days, appeal in writing to the city manager to have the written notice rescinded or the period shortened. At any time within the thirty days a person receiving a notice may apply in writing to the city manager for a temporary waiver from the effects of the notice for good reason. The waiver shall be in writing and shall contain the time period of the waiver, and shall be kept in the possession of the person at all times while in the park. 3. If a person excluded from a park is found therein during the exclusion period, that person is subject to immediate arrest for criminal trespass in the second degree pursuant to ORS 164.245. [Ord. 1314] [Ord. 1279 § 1 (part), 1993; Ord. 1247 § 2, 1991: Ord. 1178 § 1, 1980: prior code § 45.045] §12.21.8 Definitions. For the purpose of this ordinance, the following mean: City. The city of Independence, Oregon Person. Individual, corporation, association, firm, partnership, joint stock company, and similar entities. Public rights-of-way. Include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or areas, including subsurface and air space over these areas. Within the City. Territory over which the city now has or acquires jurisdiction for the exercise of its powers. Jurisdiction. The city of Independence has jurisdiction and exercises regulatory control over all public rights-of-way within the city under the authority of the city charter and state law. Scope of Regulatory Control. The city has jurisdiction and exercises regulatory control over each public right-of-way whether the city has a fee, easement, or other legal interest in the right-of-way. The city has jurisdiction and regulatory control over each right-of-way whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means. City Permission Requirement. No person may occupy or encroach on a public right-of-way without the permission of the city. The city grants permission to use rights-of-way by franchises, licenses and permits. Obligations of the City. The exercise of jurisdiction and regulatory control over a public right-of-way by the city is not official acceptance of the right of way, and does not obligate the city to maintain or repair any part of the right-of-way. Severability. Invalidity of a section or part of a section of this ordinance shall not affect the validity of the remaining sections or parts of sections. Other Chapters Reserved for Expansion Chapter 12.40 TELECOMMUNICATIONS §12.40.1 Purpose. The purpose and intent of this Ordinance is to: A. Comply with the provisions of the 1996 Telecommunications Act as they apply to local governments, telecommunications carriers and the services those carriers offer; B. Promote competition on a competitively neutral basis in the provision of telecommunications services; C. Encourage the provision of advanced and competitive telecommunications services on the widest possible basis to businesses institutions and residents of the City; D. Permit and manage reasonable access to the public rights of way of the City for telecommunications purposes on a competitively neutral basis and conserve the limited physical capacity of those public rights of way held in trust by the City; E. Assure that the City's current and ongoing costs of granting and regulating private access to and the use of the public rights of way are fully compensated by the persons seeking such access and causing such costs; F. Secure fair and reasonable compensation to the City and its residents for permitting private use of the public right of way; G. Assure that all telecommunications carriers providing facilities and/or services within the City, or passing through the City, register and comply with the ordinances, rules and regulations of the City; H. Assure that the City can continue to fairly and responsibly protect the public health, safety and welfare of its citizens; I. Enable the City to discharge its public trust consistent with the rapidly evolving federal and state regulatory policies, industry competition and technological development. §12.40.2 Jurisdiction and Management of the Public Rights of Way A. The City has jurisdiction and exercises regulatory control over all public rights of way within the City under authority of the City charter and state law. B. Public rights of way include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or areas, including the subsurface under and air space over these areas. C. The City has jurisdiction and exercises regulatory control over each public right of way whether the City has a fee, easement, or other legal interest in the right of way. The City has jurisdiction and regulatory control over each right of way whether the legal interest in the right of way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means. D. No person may occupy or encroach on a public right of way without the permission of the City. The City grants permission to use rights of way by franchises and permits. E. The exercise of jurisdiction and regulatory control over a public right of way by the City is not official acceptance of the right of way, and does not obligate the City to maintain or repair any part of the right of way. F. The City retains the right and privilege to cut or move any telecommunications facilities located within the public rights of way of the City, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. §12.40.3 Regulatory Fees and Compensation Not a Tax A. The fees and costs provided for in this Ordinance, and any compensation charged and paid for use of the public rights of way provided for in this Ordinance, are separate from, and in addition to, any and all federal, state, local and City taxes as may be levied, imposed or due from a telecommunications carrier, its customers or subscribers, or on account of the lease, sale, delivery or transmission of telecommunications services. B. The City has determined that any fee imposed by this Ordinance is not subject to the property tax limitations of Article XI, Sections 11 and 11b of the Oregon Constitution. These fees are not imposed on property or property owners. These fees are not new or increased fees. DEFINITIONS §12.40.4 Definitions: For the purpose of this Ordinance the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined herein shall be given the meaning set forth in the Communications Policy Act of 1934, as amended, the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996. If not defined there, the words shall be given their common and ordinary meaning. Aboveground Facilities - see “Overhead Facilities.” Affiliated Interest - shall have the same meaning as ORS 759.010. Cable Act - shall mean the Cable Communications Policy Act of 1984, 47 U.S.C. §521, et seq., as now and hereafter amended. Cable Service - means the one-way transmission to subscribers of video programming, or other programming service; and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. City - means the City of Independence, an Oregon municipal corporation, and individuals authorized to act on the City’s behalf. City Council - means the elected governing body of the City of Independence, Oregon. Control or Controlling Interest - means actual working control in whatever manner exercised. City Property - means and includes all real property owned by the City, other than public rights of way and utility easements as those are defined herein, and all property held in a proprietary capacity by the City, which are not subject to right of way franchising as provided in this Ordinance. Conduit - means any structure, or portion thereof, containing one or more ducts, conduits, manholes, handholes, bolts, or other facilities used for any telegraph, telephone, cable television, electrical, or communications conductors, or cable right of way, owned or controlled, in whole or in part, by one or more public utilities. Days - means calendar days unless otherwise specified. Duct - means a single enclosed raceway for conductors or cable. FCC or Federal Communications Commission - means the federal administrative agency, or its lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level. Franchise - means an agreement between the City and a Grantee which grants a privilege to use public right of way and utility easements within the City for a dedicated purpose and for specific compensation. Grantee - means the person to which a franchise is granted by the City. Oregon Public Utilities Commission or OPUC - means the statutorily created state agency in the State of Oregon responsible for licensing, regulation and administration of certain telecommunications carriers as set forth in Oregon Law, or its lawful successor. Overhead or Aboveground Facilities - means utility poles, utility facilities and telecommunications facilities above the surface of the ground, including the underground supports and foundations for such facilities. Person - means an individual, corporation, company, association, joint stock company or association, firm, partnership, or limited liability company. Private Telecommunications Network - means a system, including the construction, maintenance or operation of the system, for the provision of a service or any portion of a service, by a person for the exclusive use of that person and not for resale, directly or indirectly. "Private telecommunications network" includes services provided by the State of Oregon pursuant to ORS 190.240 and 283.140. Public Rights of Way - include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or areas, including the subsurface under and air space over these areas, but only to the extent of the City's right, title, interest or authority to grant a franchise to occupy and use such streets and easements for telecommunications facilities. “Public rights of way” shall also include utility easements as defined below. State - means the State of Oregon. Telecommunications - means the transmission between and among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received. Telecommunications Act - means the Communications Policy Act of 1934, as amended by subsequent enactments including the Telecommunications Act of 1996 (47 U.S.C. § 151 et seq.) and as hereafter amended. Telecommunications Carrier - means any provider of telecommunications services and includes every person that directly or indirectly owns, controls, operates or manages telecommunications facilities within the City. Telecommunications Facilities - means the plant and equipment, other than customer premises equipment, used by a telecommunications carrier to provide telecommunications services. Telecommunications Service - means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. Telecommunications System - see “Telecommunications Facilities” above. Telecommunications Utility - has the same meaning as ORS 759.005(1). Underground Facilities - means utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for "Overhead facilities." Usable Space - means all the space on a pole, except the portion below ground level, the 20 feet of safety clearance space above ground level, and the safety clearance space between communications and power circuits. There is a rebuttable presumption that six feet of a pole is buried below ground level. Utility Easement - means any easement granted to or owned by the City and acquired, established, dedicated or devoted for public utility purposes. Utility Facilities - means the plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cable, wires, plant and equipment located under, on, or above the surface of the ground within the public right of way of the City and used or to be used for the purpose of providing utility or telecommunications services. REGISTRATION OF TELECOMMUNICATIONS CARRIERS §12.40.5 Purpose: The purpose of registration is: A. To assure that all telecommunications carriers who have facilities and/or provide services within the City comply with the ordinances, rules and regulations of the City. B. To provide the City with accurate and current information concerning the telecommunications carriers who offer to provide telecommunications services within the City, or that own or operate telecommunications facilities within the City. C. To assist the City in the enforcement of this Ordinance and the collection of any city franchise fees or charges that may be due the City. D. To assist the City in monitoring compliance with local, state and federal laws as they apply to grantees under this Ordinance. §12.40.6 Registration Required: Except as provided in Section 8 hereof, all telecommunications carriers having telecommunications facilities within the corporate limits of the City, and all telecommunications carriers that offer or provide telecommunications service to customer premises within the City, shall register with the City on forms to be provided by the Public Works Department which shall include the following: A. The identity and legal status of the registrant, including any affiliates. B. The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement. C. A description of the registrant's existing or proposed telecommunications facilities within the City. D. A description of the telecommunications service that the registrant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions within the City. E. Information sufficient to determine whether the registrant is subject to public right of way franchising under this Ordinance. F. Information sufficient to determine whether the transmission, origination or receipt of the telecommunications services provided or to be provided by the registrant constitutes an occupation or privilege subject to any business tax imposed by the City. G. Information sufficient to determine that the applicant has applied for and received any certificate of authority or permit required by the FCC or the OPUC to provide telecommunications services within the City. H. Information sufficient to determine that the applicant has applied for and received any construction permit, operating license or other approvals required by the FCC to have telecommunications facilities within the City. I. If the registrant has applied for and received a city business license, list the license number. J. Such other information as the City may reasonably require. §12.40.7 Registration Fee: Each application for registration as a telecommunications carrier shall be accompanied by a nonrefundable registration fee in an amount to be determined by resolution of the City Council. §12.40.8 Exceptions to Registration: The following telecommunications carriers are excepted from registration: A. Telecommunications carriers that are owned and operated for its own use by the State or a political subdivision of this State. B. A private telecommunications network, provided that such network does not occupy any public rights of way of the City. CONSTRUCTION STANDARDS §12.40.9 Responsibility of Owner: The owner of the telecommunications facilities to be constructed and, if different, the grantee, is responsible for performance of and compliance with all provisions of Sections 10 through 28. §12.40.10 Construction Codes: Telecommunications facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, state and local codes, rules and regulations including the National Electrical Code and the National Electrical Safety Code. §12.40.11 General: No person shall commence or continue with the construction, installation or operation of telecommunications facilities within a public right of way except as provided in Sections 12 through 28. §12.40.12 Construction Permits: No person shall construct or install any telecommunications facilities within a public right of way without first obtaining a construction permit, and paying the construction permit fee established in Section 17 of this Ordinance. No permit shall be issued for the construction or installation of telecommunications facilities within a public right of way: A. Unless the telecommunications carrier has first filed a registration statement with the City pursuant to Sections 5 through 8 of this Ordinance; and B. Unless the telecommunications carrier has first applied for and received a franchise pursuant to Sections 34 through 41 of this Ordinance. §12.40.13 Permit Applications: Applications for permits to construct telecommunications facilities shall be submitted upon forms to be provided by the City and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate: A. That the facilities will be constructed in accordance with all applicable codes, rules and regulations. B. That the facilities will be constructed in accordance with the franchise agreement. C. The location and route of all facilities to be installed underground. D. The location and route of all facilities to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are within the public rights of way. Existing facilities shall be differentiated on the plans from new construction. E. The location of all existing underground utilities, conduits, ducts, pipes, mains and installations which are within the public rights of way along the underground route proposed by the applicant. A cross section shall be provided showing new or existing facilities in relation to the street, curb, sidewalk or right of way. F. The construction methods to be employed for protection of existing structures, fixtures, and facilities within or adjacent to the public rights of way. G. The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate, together with a landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas to be disturbed during construction. §12.40.14 Engineer's Certification: All permit applications shall be accompanied by the certification of a registered professional engineer that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulations. §12.40.15 Construction Schedule: All permit applications shall be accompanied by a written construction schedule, which shall include a deadline for completion of construction. The construction schedule is subject to approval by the Public Works Department. §12.40.16 Traffic Control Plan: All permit applications shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed, consistent with Uniform Manual of Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic. §12.40.17 Construction Permit Fee: Unless otherwise provided in a franchise agreement, prior to issuance of a construction permit, the applicant shall pay a permit fee in an amount to be determined by resolution of the City Council. §12.40.18 Issuance of Permit: If satisfied that the applications, plans and documents submitted comply with all requirements of this Ordinance and the franchise agreement, the Public Works Department shall issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as they may deem necessary or appropriate. §12.40.19 Notice of Construction: The permittee shall notify the Public Works Department not less than two (2) working days in advance of any excavation or work in the public rights of way. §12.40.20 Locates: The permittee shall comply with the rules adopted by the Oregon Utility Notification Center regulating the notification and marking of underground facilities. §12.40.21 Compliance with Permit: All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The Public Works Department and their representatives shall be provided access to the work site and such further information as they may require to ensure compliance with such requirements. §12.40.22 Display of Permit: The permittee shall maintain a copy of the construction permit and approved plans at the construction site and shall display the permit. Plans shall be made available for inspection by the Public Works Department or their representatives at all times when construction work is occurring. §12.40.23 Noncomplying Work: Upon order of the Public Works Department, all work which does not comply with the permit, the approved plans and specifications for the work, or the requirements of this Ordinance, shall be removed at the sole expense of the permittee. §12.40.24 Completion of Construction: The permittee shall promptly complete all construction activities so as to minimize disruption of the city rights of way and other public and private property. All construction work within city rights of way, including restoration, must be completed within 120 days of the date of issuance of the construction permit unless an alternate schedule has been approved pursuant to the schedule submitted and approved by the appropriate city official as contemplated by Section 15. §12.40.25 As-Built Drawings: Within sixty (60) days after completion of construction, the permittee shall furnish the City with two (2) complete sets of plans drawn to scale and certified to the City as accurately depicting the location of all telecommunications facilities constructed pursuant to the permit, in a format acceptable to the City Engineer. §12.40.26 Restoration of Public Rights of Way and City Property: A. When a permittee, or any person acting on its behalf, does any work in or affecting any public rights of way or city property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to at least as good a condition as existed before the work was undertaken, unless otherwise directed by the City and as determined by the City Engineer. B. If weather or other conditions do not permit the complete restoration required by this Section, the permittee shall temporarily restore the affected rights of way or property. Such temporary restoration shall be at the permittee’s sole expense and the permittee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. Any corresponding modification to the construction schedule shall be subject to approval by the City. C. If the permittee fails to restore rights of way or property to at least as good a condition as existed before the work was undertaken, the City shall give the permittee written notice and provide the permittee a reasonable period of time not exceeding thirty (30) days to restore the rights of way or property. If, after said notice, the permittee fails to restore the rights of way or property to as good a condition as existed before the work was undertaken, the City shall cause such restoration to be made at the expense of the permittee. D. A permittee or other person acting in its behalf shall use suitable barricades, flags, flagging attendants, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such rights of way or property. §12.40.27 Landscape Restoration: A. All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation, maintenance, repair or replacement of telecommunications facilities, whether such work is done pursuant to a franchise or permit shall be replaced or restored as nearly as may be practicable, to the condition existing prior to performance of work. B. Any trees, shrubs or other landscaping that show substantial damage within eighteen (18) months of completion of the construction, which damage can be attributed to permittee’s construction activities, must be replaced at the sole expense of the permittee. C. All restoration work within the public rights of way shall be done in accordance with landscape plans approved by the City. §12.40.28 Performance and Completion Bond: Unless otherwise provided in a franchise agreement, a performance bond written by a corporate surety acceptable to the City, and authorized to transact business in Oregon, equal to at least 100% of the estimated cost of constructing permittee's telecommunications facilities within the public rights of way of the City shall be deposited before construction is commenced. A. The performance bond shall remain in force until sixty (60) days after substantial completion of the work, as determined in writing by the City, including restoration of public rights of way and other property affected by the construction. B. The performance bond shall guarantee, to the satisfaction of the City: 1. timely completion of construction; 2. construction in compliance with applicable plans, permits, technical codes and standards; 3. proper location of the facilities as specified by the City; 4. restoration of the public rights of way and other property affected by the construction; 5. the submission of "as-built" drawings after completion of the work as required by this Ordinance; and 6. timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work. LOCATION OF TELECOMMUNICATIONS FACILITIES §12.40.29 Location of Facilities: All facilities located within the public right of way shall be constructed, installed and located in accordance with the following terms and conditions, unless otherwise specified in a franchise agreement: A. Grantee shall install its telecommunications facilities underground unless the City specifically permits attachments to utility poles or other aboveground facilities. B. Grantee shall install its telecommunications facilities within an existing underground duct or conduit whenever surplus capacity exists within such utility facility, unless grantee demonstrates to the satisfaction of the City that such installation is not feasible. C. A grantee with permission to install overhead facilities shall install its telecommunications facilities on pole attachments to existing utility poles only, and then only if surplus space is available. D. Whenever any existing electric utilities, cable facilities or telecommunications facilities are located underground within a public right of way of the City, a grantee with permission to occupy the same public right of way must also locate its telecommunications facilities underground. E. Whenever any new or existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a public right of way of the City, a grantee that currently occupies the same public right of way shall relocate its facilities underground concurrently with the other affected utilities to minimize disruption of the public right of way, absent extraordinary circumstances or undue hardship as determined by the City and consistent with state law. §12.40.30 Interference with the Public Rights of Way: No grantee may locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the public rights of way by the City, by the general public or by other persons authorized to use or be present in or upon the public rights of way. All such facilities shall be moved by the grantee, temporarily or permanently, as determined by the City at the sole expense of the grantee. All use of public rights of way shall be consistent with City codes, ordinances and regulations. §12.40.31 Relocation or Removal of Facilities: Within thirty (30) days following written notice from the City, a grantee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public rights of way whenever the City shall have determined that such removal, relocation, change or alteration is reasonably necessary for: A. The construction, repair, maintenance or installation of any city or other public improvement in or upon the public rights of way. B. The operations of the City or other governmental entity in or upon the public rights of way. C. The public interest. §12.40.32 Removal of Unauthorized Facilities: Within thirty (30) days following written notice from the City, any grantee, telecommunications carrier, or other person that owns, controls or maintains any unauthorized telecommunications system, facility or related appurtenances within the public rights of way of the City shall, at its own expense, remove such facilities or appurtenances from the public rights of way of the City. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances: A. One year after the expiration or termination of the grantee's telecommunications franchise. B. Upon abandonment of a facility within the public rights of way of the City. A facility will be considered abandoned when it is deactivated, out of service, or not used for its intended and authorized purpose for a period of ninety (90) days or longer. A facility will not be considered abandoned if it is temporarily out of service during performance of repairs or if the facility is being replaced. C. If the system or facility was constructed or installed without the prior grant of a telecommunications franchise. D. If the system or facility was constructed or installed without the prior issuance of a required construction permit. E. If the system or facility was constructed or installed at a location not permitted by the grantee's telecommunications franchise or other legally sufficient permit. §12.40.33 Coordination of Construction Activities: All grantees are required to cooperate with the City and with each other. A. By January 1 of each year, grantees shall provide the City with a schedule of their proposed construction activities in, around or that may affect the public rights of way. B. Each grantee shall meet with the City, other grantees and users of the public rights of way annually or as determined by the City to schedule and coordinate construction in the public rights of way. C. All construction locations, activities and schedules shall be coordinated, as ordered by the City Engineer, to minimize public inconvenience, disruption or damages. TELECOMMUNICATIONS FRANCHISE §12.40.34 Telecommunications Franchise: A telecommunications franchise shall be required of any telecommunications carrier who desires to occupy public rights of way of the City. §12.40.35 Application: Any person that desires a telecommunications franchise shall file an application with Public Works Department which includes the following information: A. The identity of the applicant, including all affiliates of the applicant. B. A description of the telecommunications services that are or will be offered or provided by the applicant over its telecommunications facilities. C. A description of the transmission medium that is being used or will be used by the applicant to offer or provide such telecommunications services. D. Engineering plans, specifications and a network map of the facilities located or to be located within the City, all in sufficient detail to identify: 1. the location and route requested for applicant's proposed telecommunications facilities; 2. the location of all aboveground and underground public utility, telecommunication, cable, water, sewer, storm drainage and other facilities in the public rights of way along the proposed route; 3. the location(s), if any, for interconnection with the telecommunications facilities of other telecommunications carriers; E. If applicant is proposing to install aboveground facilities, to the extent that they will be using utility poles, evidence that surplus space is available for locating its telecommunications facilities on existing utility poles along the proposed route. F. If applicant is proposing an underground installation in existing ducts or conduits within the public rights of way, provide information in sufficient detail to identify: 1. the excess capacity currently available in such ducts or conduits before installation of applicant's telecommunications facilities; 2. the excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's telecommunications facilities. G. If applicant is proposing an underground installation within new ducts or conduits to be constructed within the public rights of way: 1. the location proposed for the new ducts or conduits; 2. the excess capacity that will exist in such ducts or conduits after the installation of applicant’s telecommunications facilities. H. The area or areas of the City the applicant desires to serve and a preliminary construction schedule for build-out to the entire franchise area. I. Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the facilities. J. Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the telecommunications facilities and services described in the application. K. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services proposed. L. Whether the applicant intends to provide cable service, video dialtone service or other video programming service. M. An accurate map showing the location of any existing telecommunications facilities in the City that applicant intends to use or lease. N. A description of any services or facilities that the applicant will offer or make available to the City and other public, educational and governmental institutions and at what cost. O. A description of applicant's access and line extension policies. P. Such other information as may be requested by the City Manager or their designee. §12.40.36 Application and Review Fee: A. Applicant shall reimburse the City for such reasonable costs as the City incurs in entering into the franchise agreement. B. An application and review fee of $2,000 shall be deposited with the City as part of the application filed pursuant to Section 35 above. Expenses exceeding the deposit will be billed to the applicant or the unused portion of the deposit will be returned to the applicant following the determination granting or denying the franchise. §12.40.37 Determination by the City: The City shall issue a written determination granting or denying the application in whole or in part, applying the standards listed below. If the application is denied, the written determination shall include the reasons for denial. The standards to be applied by City are: A. The financial and technical ability of the applicant. B. The legal capacity of the applicant. C. The capacity of the public rights of way to accommodate the applicant's proposed facilities. D. The capacity of the public rights of way to accommodate additional utility and telecommunications facilities if the franchise is granted. E. The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the franchise is granted. F. The public interest in minimizing the cost and disruption of construction within the public rights of way. G. The service that applicant will provide to the community and region. H. The effect, if any, on public health, safety and welfare if the franchise is granted. I. The availability of alternate routes and/or locations for the proposed facilities. J. Applicable federal and state telecommunications laws, regulations and policies. §12.40.38 Rights Granted: No franchise granted pursuant to this Ordinance shall convey any right, title or interest in the public rights of way, but shall be deemed a grant to use and occupy the public rights of way for the limited purposes and term stated in the franchise agreement. §12.40.39 Term of Grant: Unless otherwise specified in a franchise agreement, a telecommunications franchise granted hereunder shall be in effect for a term of five years. §12.40.40 Franchise Territory: Unless otherwise specified in a franchise agreement, a telecommunications franchise granted hereunder shall be limited to a specific geographic area of the City to be served by the franchise grantee, and the public rights of way necessary to serve such areas. §12.40.41 Franchise Fee: Each franchise granted by the City is subject to the City's right, which is expressly reserved, to fix a fair and reasonable compensation to be paid for the privileges granted; provided, nothing in this Ordinance shall prohibit the City and a grantee from agreeing to the compensation to be paid.. The compensation shall be subject to the specific payment terms and conditions contained in the franchise agreement. §12.40.42 Amendment of Grant: Conditions for amending a franchise: A. A new application and grant shall be required of any telecommunications carrier that desires to extend or locate its telecommunications facilities in public rights of way of the City which are not included in a franchise previously granted under this Ordinance. B. If ordered by the City to locate or relocate its telecommunications facilities in public rights of way not included in a previously granted franchise, the City shall grant an amendment without further application. C. A new application and grant shall be required of any telecommunications carrier that desires to provide a service which was not included in a franchise previously granted under this Ordinance. §12.40.43 Renewal Applications: A grantee that desires to renew its franchise under this Ordinance shall, not less than 180 days before expiration of the current agreement, file an application with the City for renewal of its franchise which shall include the following information: A. The information required pursuant to Section 35 of this Article. B. Any information required pursuant to the franchise agreement between the City and the grantee. §12.40.44 Renewal Determinations: Within 90 days after receiving a complete application under Section 43 hereof, the City shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for non-renewal. A. The financial and technical ability of the applicant. B. The legal ability of the applicant. C. The continuing capacity of the public rights of way to accommodate the applicant's existing and proposed facilities. D. The applicant's compliance with the requirements of this Ordinance and the franchise agreement. E. Applicable federal, state and local telecommunications laws, rules and policies. F. Such other factors as may demonstrate that the continued grant to use the public rights of way will serve the community interest. §12.40.45 Obligation to Cure As a Condition of Renewal: No franchise shall be renewed until any ongoing violations or defaults in the grantee’s performance of the agreement, or of the requirements of this Ordinance, have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the City. §12.40.46 Assignments or Transfers of System or Franchise: Ownership or control of a majority interest in a telecommunications system or franchise may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the grantee, by operation of law or otherwise, without the prior consent of the City, which consent shall not be unreasonably withheld or delayed, and then only on such reasonable conditions as may be prescribed in such consent. A. Grantee and the proposed assignee or transferee of the franchise or system shall provide and certify the following information to the City not less than one hundred and twenty (120) days prior to the proposed date of transfer: 1. Complete information setting forth the nature, terms and condition of the proposed transfer or assignment; 2. All information required of a telecommunications franchise applicant pursuant Section 35 with respect to the proposed transferee or assignee; 3. Any other information reasonably required by the City. B. No transfer shall be approved unless the assignee or transferee has the legal, technical, financial and other requisite qualifications to own, hold and operate the telecommunications system pursuant to this Ordinance. C. Unless otherwise provided in a franchise agreement, the grantee shall reimburse the City for all direct and indirect fees, costs, and expenses reasonably incurred by the City in considering a request to transfer or assign a telecommunications franchise. D. Any transfer or assignment of a telecommunications franchise, system or integral part of a system without prior approval of the City under this Section or pursuant to a franchise agreement shall be void and is cause for revocation of the franchise. §12.40.47 Revocation or Termination of Franchise: A franchise to use or occupy public rights of way of the City may be revoked for the following reasons: A. Construction or operation in the City or in the public rights of way of the City without a construction permit. B. Construction or operation at an unauthorized location. C. Failure to comply with Section 46 herein with respect to sale, transfer or assignment of a telecommunications system or franchise. D. Misrepresentation by or on behalf of a grantee in any application to the City. E. Abandonment of telecommunications facilities in the public rights of way. F. Failure to relocate or remove facilities as required in this Ordinance. G. Failure to pay taxes, compensation, fees or costs when and as due the City. H. Insolvency or bankruptcy of the grantee. I. Violation of material provisions of this Ordinance. J. Violation of the material terms of a franchise agreement. §12.40.48 Notice and Duty to Cure: In the event that the City believes that grounds exist for revocation of a franchise, the City shall give the grantee written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the grantee a reasonable period of time not exceeding thirty (30) days to furnish evidence: A. That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance. B. That rebuts the alleged violation or noncompliance. C. That it would be in the public interest to impose some penalty or sanction less than revocation. §12.40.49 Public Hearing: In the event that a grantee fails to provide evidence reasonably satisfactory to the City as provided in Section 48 hereof, the City Manager shall refer the apparent violation or non-compliance to the City Council. The City Council shall provide the grantee with notice and a reasonable opportunity to be heard concerning the matter. §12.40.50 Standards for Revocation or Lesser Sanctions: If persuaded that the grantee has violated or failed to comply with material provisions of this Ordinance, or of a franchise agreement, the City Council shall determine whether to revoke the franchise, or to establish some lesser sanction and cure, considering the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors: A. Whether the misconduct was egregious. B. Whether substantial harm resulted. C. Whether the violation was intentional. D. Whether there is a history of prior violations of the same or other requirements. E. Whether there is a history of overall compliance. F. Whether the violation was voluntarily disclosed, admitted or cured. §12.40.51 Other City Costs: All grantees shall, within thirty (30) days after written demand therefor, reimburse the City for all direct and indirect costs and expenses incurred by the City in connection with any modification, amendment, renewal or transfer of the franchise or any franchise agreement. GENERAL FRANCHISE TERMS §12.40.52 Facilities: Each grantee shall provide the City with an accurate map or maps certifying the location of all telecommunications facilities within the public rights of way. Each grantee shall provide updated maps annually. §12.40.53 Damage to Grantee's Facilities: Unless directly and proximately caused by willful, intentional or malicious acts by the City, the City shall not be liable for any damage to or loss of any telecommunications facility within the public rights of way of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public rights of way by or on behalf of the City, or for any consequential losses resulting directly or indirectly therefrom. §12.40.54 Duty to Provide Information: Within ten (10) days of a written request from the City, each grantee shall furnish the City with information sufficient to demonstrate: A. That grantee has complied with all requirements of this Ordinance. B. All books, records, maps and other documents, maintained by the grantee with respect to its facilities within the public rights of way shall be made available for inspection by the City at reasonable times and intervals. §12.40.55 Nondiscrimination: A grantee shall make its telecommunications services available to any customer within its franchise area who shall request such service, without discrimination as to the terms, conditions, rates or charges for grantee's services; provided, however, that nothing in this Ordinance shall prohibit a grantee from making any reasonable classifications among differently situated customers. §12.40.56 Service to the City: If the City contracts for the use of telecommunication facilities, telecommunication services, installation, or maintenance from the grantee, the grantee shall charge the City the grantee’s most favorable rate offered at the time of the request charged to a similar user within Oregon for a similar volume of service , subject to any of grantee’s tariffs or price lists on file with the OPUC. With the City’s permission, the grantee may deduct the applicable charges from fee payments. Other terms and conditions of such services may be specified in a separate agreement between the City and grantee. §12.40.57 Compensation for City Property: If any right is granted, by lease, franchise or other manner, to use and occupy city property for the installation of telecommunications facilities, the compensation to be paid for such right and use shall be fixed by the City. §12.40.58 Cable Franchise: Telecommunication carriers providing cable service shall be subject to the cable franchise requirements in Ordinance 89-114, or such other franchise that shall be in effect. §12.40.59 Leased Capacity: A grantee shall have the right, without prior City approval, to offer or provide capacity or bandwidth to its customers; provided that the grantee shall notify the City that such lease or agreement has been granted to a customer or lessee. §12.40.60 Grantee Insurance: Unless otherwise provided in a franchise agreement, each grantee shall, as a condition of the grant, secure and maintain the following liability insurance policies insuring both the grantee and the City, and its elected and appointed officers, officials, agents and employees as coinsured: A. Comprehensive general liability insurance with limits not less than 1. Three Million Dollars ($3,000,000) for bodily injury or death to each person; 2. Three Million Dollars ($3,000,000) for property damage resulting from any one accident; and, 3. Three Million Dollars ($3,000,000) for all other types of liability. B. Automobile liability for owned, non-owned and hired vehicles with a limit of One Million Dollars ($1,000,000) for each person and Three Million Dollars ($3,000,000) for each accident. C. Worker's compensation within statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000). D. Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than Three Million Dollars ($3,000,000). E. The liability insurance policies required by this Section shall be maintained by the grantee throughout the term of the telecommunications franchise, and such other period of time during which the grantee is operating without a franchise hereunder, or is engaged in the removal of its telecommunications facilities. Each such insurance policy shall contain the following endorsement: "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 90 days after receipt by the City, by registered mail, of a written notice addressed to the Public Works of such intent to cancel or not to renew." F. Within sixty (60) days after receipt by the City of said notice, and in no event later than thirty (30) days prior to said cancellation, the grantee shall obtain and furnish to the City evidence that the grantee meets requirements of this Section. §12.40.61 General Indemnification: Each franchise agreement shall include, to the extent permitted by law, grantee's express undertaking to defend, indemnify and hold the City and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed or prohibited by this Ordinance or by a franchise agreement made or entered into pursuant to this Ordinance. §12.40.62 Performance Surety: Before a franchise granted pursuant to this Ordinance is effective, and as necessary thereafter, the grantee shall provide a performance bond, in form and substance acceptable to the City, as security for the full and complete performance of a franchise granted under this Ordinance, including any costs, expenses, damages or loss the City pays or incurs because of any failure attributable to the grantee to comply with the codes, ordinances, rules, regulations or permits of the City. This obligation is in addition to the performance bond required by Section 28 for construction of facilities. GENERAL PROVISIONS §12.40.63 Governing Law: Any franchise granted under this Ordinance is subject to the provisions of the Constitution and laws of the United States, and the State of Oregon and the ordinances and Charter of the City. §12.40.64 Written Agreement: No franchise shall be granted hereunder unless the agreement is in writing. §12.40.65 Nonexclusive Grant: No franchise granted under this Ordinance shall confer any exclusive right, privilege, license or franchise to occupy or use the public rights of way of the City for delivery of telecommunications services or any other purposes. §12.40.66 Severability and Preemption: If any article, section, subsection, sentence, clause, phrase, term, provision, condition, covenant or portion of this Ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, or superseded by state or federal legislation, rules, regulations or decision, the remainder of the Ordinance shall not be affected thereby but shall be deemed as a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof, and each remaining section, subsection, sentence, clause, phrase, provision, condition, covenant and portion of this Ordinance shall be valid and enforceable to the fullest extent permitted by law. In the event that federal or state laws, rules or regulations preempt a provision or limit the enforceability of a provision of this Ordinance, then the provision shall be read to be preempted to the extent and or the time required by law. In the event such federal or state law, rules or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision hereof that had been preempted is no longer preempted, such provision shall thereupon return to full force and effect, and shall thereafter be binding, without the requirement of further action on the part of the City, and any amendments hereto. §12.40.67 Penalties: Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this Ordinance shall be fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for each offense. A separate and distinct offense shall be deemed committed each day on which a violation occurs. §12.40.68 Other Remedies: Nothing in this Ordinance shall be construed as limiting any judicial remedies that the City may have, at law or in equity, for enforcement of this Ordinance. §12.40.69 Captions: The captions to sections throughout this Ordinance are intended solely to facilitate reading and reference to the sections and provisions contained herein. Such captions shall not affect the meaning or interpretation of this Ordinance. §12.40.70 Compliance with Laws: Any grantee under this Ordinance shall comply with all federal and state laws and regulations, including regulations of any administrative agency thereof, as well as all ordinances, resolutions, rules and regulations of the City heretofore or hereafter adopted or established during the entire term any franchise granted under this Ordinance, which are relevant and relate to the construction, maintenance and operation of a telecommunications system. §12.40.71 Consent: Wherever the consent of either the City or of the grantee is specifically required by this Ordinance or in a franchise granted, such consent will not be unreasonably withheld. §12.40.72 Application to Existing Ordinance and Agreements: To the extent that this Ordinance is not in conflict with and can be implemented with existing ordinance and franchise agreements, this Ordinance shall apply to all existing ordinance and franchise agreements for use of the public right of way for telecommunications. §12.40.73 Confidentiality: The City agrees to use its best efforts to preserve the confidentiality of information as requested by a grantee, to the extent permitted by the Oregon Public Records Law. [Ord. 98-1363] Title 13 PUBLIC SERVICES Chapter 13.1 PUBLIC UTILITIES GENERALLY §13.1.1 Public utility defined. As used in this chapter, the term “public utility” means and includes all persons, firms and corporations serving customers within the city or running transmission lines in or through the city for the service or transmission of electricity, water, gas or telephone service. [Prior code § 72.110] §13.1.2 Alteration of services-Permit required. No public utility operating within the city without a franchise from the city shall extend, alter or modify its services or facilities without having first obtained a permit therefor from the city recorder as provided in this chapter. [Prior code § 72.120] §13.1.3 Permit application-Fee. Permits as herein provided shall be issued only upon a written application by the public utility upon forms to be prescribed by the city recorder with the approval of the city council. Each application shall be accompanied by a fee equal to one percent of the cost of the proposed extension, alteration or modification, but in no event less than ten dollars. [Prior code § 72.130] §13.1.4 Indemnification agreements. Each application for a permit shall be accompanied by a written agreement by the public utility to indemnify the city for all damage to city property or facilities and to indemnify and save the city harmless from the claims and demands of all persons for personal injury and property damage caused directly or indirectly as a result of the applicant's work and activities under such permit. [Prior code § 72.140] §13.1.5 Application approval by city council. Before approval of any such application and issuance of any permit the city recorder shall submit the application to the city council which shall first determine that the work covered by the application will not interfere with any programs of the city or with the use by the city of streets and other facilities, and that the work will be carried out in such a manner as to afford maximum protection to the public. [Prior code § 72.150] §13.1.6 Relocation of facilities. Any public utility operating within the city without a franchise from the city shall relocate their facilities upon ten days' written notice given by the city pursuant to a determination by the city council that such relocation is necessary in order to accommodate city improvements of any nature. In the event that public utility shall not comply with the notice within the prescribed time, the city may, at its discretion, remove or relocate such facilities and charge the cost of such removal or relocation to the public utility owning the same. The time allowed for relocating as prescribed herein may be extended upon a showing by the public utility of the necessity for such extension. [Prior code § 72.160] §13.1.7 Annual fee. All public utilities operating within the city without a franchise shall pay to the city an annual fee, which shall be payable on or before March 15th of each year, equal to five percent of its gross annual receipts obtained from its subscribers and customers residing within the city. [Prior code § 72.170] Chapter 13.2 Reserved for Expansion Chapter 13.3 Reserved for Expansion Chapter 13.4 Reserved for Expansion Chapter 13.5 WATER SERVICE SYSTEM Article I. Generally §13.5.1 Definitions. “Commercial and industrial service” means service available to commercial and industrial customers, including mercantile establishments, stores, offices, public buildings not otherwise classified, public and private hospitals, schools, churches, mercantile and industrial establishments combined with residences, and apartment houses except those in which service to each apartment is metered separately. “Dwelling unit” means a facility designed for permanent or semi-permanent occupancy and provided with minimum kitchen, sleeping and sanitary facilities. “Fire protection service” means an unmetered connection to the public water mains intended only for the extinguishment of fires and the flushing necessary for its proper maintenance. “Residential service” means service to single-family residences and to individual apartments or flats where service is furnished through a separate meter for each individual apartment or other such dwelling unit. “Service lines” means the line or pipe connecting the water main to the water meter. “Temporary service” means a line connecting the nearest water main to the premises, in lieu of a permanent main adjacent to the users' property. “Water main” means a pipe or conduit two inches or larger in inside diameter laid in a public street or easement to which a service line is connected. Generally, water mains smaller than six inches in inside diameter will not be permitted. [Prior code § 73.010] §13.5.2 Construction to conform to standards. All public or private water distribution systems to be connected to the municipal water system, whether publicly or privately constructed, shall conform to standards of design, sizing, materials and workmanship prescribed by the city. Failure to meet standards shall be grounds for refusal or acceptance. Service connections will not be made until the system is approved and accepted. [Prior code § 73.015] §13.5.3 Construction inspection and approval. Reasonable notice shall be given to the city to inspect and test all work in connection with the construction of water mains by private contractors. Mains shall met construction standards, leakage tests and bacteriological tests prior to acceptance. [Prior code § 73.020] §13.5.4 Tampering with pipes unlawful. Connections to water distribution mains for the purpose of extending such lines or for providing water service shall be made only by employees of the city in the normal performance of their duties. It is unlawful for any person to attach to or to detach from any water main or connection through which water is supplied by the city from the municipal water system, or to interfere in any manner or tamper with such pipes or connections, without having first obtained the written consent of the city. [Prior code § 73.025] §13.5.5 Valves and appurtenances- Unlawful to operate. It is unlawful for any person, other than an employee of the water department in the normal performance of the person's or her duties, to operate valves and appurtenances connected with the municipal water system. In addition, fire hydrants may be operated by personnel of a fire department or district in performance of their regular duties. Fire hydrants shall not be used for purposes other than firefighting, flushing mains and filling street cleaning and similar equipment, unless application for service has been made and the meter set to measure water use for private purposes, as provided in Section 0 Operation of fire hydrants by use of any wrench other than the standard fire hydrant wrench designed for that purpose is prohibited. [Prior code § 73.030] §13.5.6 Public fire protection. Consistent with its primary purpose of providing adequate potable water for residential, commercial and industrial use, the water distribution system shall be designed to provide public fire protection by means of fire hydrants located as directed by the chief of the Independence fire department or a corresponding official in any fire district that may be authorized to serve the city. Fire hydrants shall be installed and maintained at the expense of the fire department or fire district, except that hydrants in new subdivisions shall be paid for by the developer. The main system shall be designed insofar as possible to provide fire flows recommended by the insurance services office. All mains, constructed or reconstructed, upon which fire protection depends, shall be a minimum of six inches in diameter and wherever possible, shall be looped to provide flow from two or more directions. [Prior code § 73.035] §13.5.7 Contamination of water unlawful. A. It is unlawful for any person to in any way contaminate or pollute the water in the reservoirs or pipes of the municipal water system or in any fountain, hydrant or source or place of storage of the water supply of the city or any of its inhabitants. B. It is unlawful for any person to throw any rubbish, debris or any other thing into any water reservoir belonging to the city. [Prior code § 73.040] §13.5.8 Special contracts to sell water. Notwithstanding the provisions of this chapter, the Independence city council may, at its discretion, enter into special contracts to sell water at other than the water rates established by this chapter in situations where special considerations exist justifying charges other than regular rates. [Prior code § 73.045] Article II. Conditions of Service §13.5.9 Application for water service. Each person desiring water service shall make application in writing on forms provided by the city, setting forth: A. The location of the property to be served; B. Address to which water bills shall be mailed; C. Intended use of the water; D. Whether or not the applicant is the owner of the property; E. The name of the owner of the property; F. An agreement to abide by this code and any rules or regulations adopted for the water system; G. Such other information as the City Manager may require. [Prior code § 73.050] §13.5.10 Service lines and meters-Sizing. The size of the service line and meter shall generally be at the option of the user. The city shall insure that the size of the connection requested is reasonable for the use intended and is within the capabilities of the distribution system without diminishing the quality of service to other users in the vicinity. Minimum size of connection shall be three quarters of an inch inside diameter. The size of meter shall not exceed the size of service line. [Prior code § 73.055] §13.5.11 Meters to be owned by city. All water meters shall be owned and maintained by the city. Meters may be tested, repaired, relocated and interchanged as required without regard to who paid the initial cost of the meter and installation so long as the property continues to be supplied through the meter adequate for its needs. [Prior code § 73.060] §13.5.12 Users to be individually metered. Each premise served by water shall be individually metered. Service to more than one user, or multiple meters for the same user, shall not be combined for the purpose of obtaining a more favorable water rate. Multiple housing complexes, condominiums, mobilehome parks, and similar users may be served through master meters if under common ownership or homeowner associations. [Prior code § 73.065] §13.5.13 Meter accuracy. The city will, upon written request, test any customer's meter without cost to such customer unless such tests are requested more than once every twelve months. The user may be charged for making additional tests during an annual period. All meters used to measure quantities of water for determining charges shall be maintained in such condition as to register within an accuracy of plus or minus two percent the amount of water passing through the meter. Meters used and accuracy of registration shall conform to standards set by the American Water Works Association. If a meter is found upon test to register water use with an error greater than two percent, billings shall be adjusted to correct the error for a period not exceeding six months. [Prior code § 73.070] §13.5.14 Meter-Change in size. Size of the meter serving a premises may be changed at the request of the user upon payment of the estimated cost of making the change. Increase in size will require increase in the size of the service line in most cases. Meter size will not be changed for any premises more frequently than once per year. Meter size shall determine the minimum charge. [Prior code § 73.075] §13.5.15 Connection of service. A. The point of delivery shall be, at a mutually acceptable location, from the city main adjacent to the property line, or curb line, of the premises upon which the water service is to be utilized by the user. B. The city shall not be required to install or maintain more than one service extension from its distribution mains to supply the same class of service to any one user. Each user shall furnish, own, install and maintain at the user's own expense, all piping, plumbing, equipment and faucets located beyond the point of delivery. C. Where service is to be newly established at a point of delivery, requiring that the city install a service pipe, the user shall, at the time of application for service, pay the city a connection charge, as set forth in Section 0 D. All plumbing and equipment located beyond the point of delivery, including outside hydrants and faucets, shall be connected to the service extension, at the expense of the user and in such a manner that all water used by the user shall pass through the meter. [Prior code § 73.080] §13.5.16 Access to premises. Employees of the city shall have access, upon proper identification, to all premises at which city water is being used for the purpose of determining that no hazard exists to the public water system as a result of the manner in which the water is being used. Such access shall be at reasonable hours and shall not interfere with the customer's normal use of the person's premises. [Prior code § 73.085] §13.5.17 Damage to facilities-User responsible. Each user of water shall so protect the person's or her facilities that hot water cannot be returned to the water mains. Meters and pipe lines damaged by hot water may be repaired at the expense of the user. [Prior code § 73.090] §13.5.18 Private booster pumps prohibited. No booster pumps shall be installed by the user for purpose of increasing water pressure or delivery without the express written permission of the city. [Prior code § 73.095] §13.5.19 Interruption of service- Notification. Wherever practical, users will be notified in advance of any planned interruption of service or shut down of mains for repair or alterations. The city assumes no responsibility for providing uninterrupted water service and will not be liable for damages resulting from such interruptions. [Prior code § 73.100] §13.5.20 Plumbing to be kept in repair. A. It is the responsibility of the user to keep the person's or her piping and fixtures in good repair to prevent damage to premises and waste of water. The city shall not be responsible for damage to property resulting from turning on or continuing water service to premises having defective plumbing. B. The customer shall be responsible for the installation and maintenance of all piping, plumbing and equipment on the user's premises connected or to be connected to city's distribution system. The city shall not be liable for any loss or damage of any nature whatsoever caused by any defect in the user's piping or the user's equipment upon the premises of the user. The city does not assume the duty of inspecting the user's piping, plumbing and equipment and shall not be responsible therefor. This section shall not apply to any inspection responsibilities assumed by the city building inspector in conjunction with issuance of building permits. [Prior code § 73.105] §13.5.21 Electrical grounding. The city shall not be responsible for the use of its water distribution system for grounding of electrical circuits. Use of nonmetallic materials in mains and service lines precludes reliance on the water system for electrical grounding. [Prior code § 73.110] §13.5.22 Temporary service agreement. A. In certain instances where, in the judgment of the City Manager, construction of a water main to service a given piece of property is not advisable or feasible, water service may be provided by a temporary connection to some other main, pending construction of a permanent main to serve the property. Such temporary connection shall be acknowledged by the applicant, who shall waive objection to assessment for a permanent water main in the future. Such acknowledgment and waiver shall be recorded in deed records of Polk County, and shall be binding upon subsequent owners. B. When temporary service is desired, the customer may be required to advance to the city a sum equal to the estimated cost of labor and material, including reasonable overhead charges, necessary to install and remove such service connection. At the termination of the service period, that portion of the advance which remains after deduction of the actual costs of labor and material necessary to connect and disconnect such service (less the salvage value of material removed), will be refunded to the customer, providing that no regular charge for water service remains unpaid. [Prior code § 73.115] §13.5.23 Abandonment of service lines and water mains. A. The City Manager may cause the removal or abandonment of any unused service line when its further need is not apparent and when in the person's judgment removal is appropriate to reduce leakage or future maintenance responsibility. Subsequent service to the property shall be treated as a new service as provided in Section 0. B. Within ninety days of written notice, customers shall connect at their expense to the new meter location provided at the customer's property line where a new water main is constructed to serve the property and there is an abandonment of the existing water main. [Prior code § 73.120] §13.5.24 Temporary water pump station-Installation. A. In certain instances where, in the judgment of the City Manager, it is not practicable to provide adequate water flows to any area through the use of traditional water service methods, the city may, at its option, elect to serve the area through the installation and operation of a temporary water pump station by the city. B. As used in this section and Section 0, unless the context otherwise requires, a “temporary water pump station” or “temporary pump station” means any self-contained pump station designed, constructed and installed with the intent of future relocation. [Prior code § 73.125] §13.5.25 Temporary water pump station- Payment. A. At such time that any person requests water service requiring a temporary pump station, the City Manager shall review such request and if approved, shall cause the improvement to be installed. B. The person requesting such service, and any person who shall make use of the pump system during future operation, shall pay for such service in a lump sum, before connection to the system, according to the following formula: 1. Total payment equals the sum of fire flow plus domestic water use, calculated in gallons per minute, times ten dollars per gallon per minute; 2. Fire flow equals one thousand gallons per minute unless otherwise specified by the chief local fire official; 3. Domestic water use shall be calculated according to the water demand estimate method used in the Uniform Plumbing Code, where one housing unit shall be considered to be thirty fixture units. C. All funds paid to the city pursuant to this section shall be submitted to the water fund. [Prior code § 73.130] §13.5.26 Sprinkling and irrigation restricted. The city may restrict the use of water for sprinkling and irrigation purposes at such times and in such manner as may be necessary to maintain adequate service for other purposes. [Prior code § 73.135] Article III. Charges, Billings and Collections § 13.5.27 Fees, rates and charges-Council authority. All fees, rates and charges for utility services may be changed at any time in the future by resolution of the city council. §13.5.28 Water service billing. All billings for water service shall be made monthly on the basis of the amount of water used during the previous monthly period. Bills will become delinquent if not paid within fifteen days after the date of presentation. No reduction of amounts billed will be made by reason of loss of water due to waste caused by leakage of equipment of the customer. If, for any reason, it is impossible or impractical to read the meter, consumption may be estimated, based on the previous history of use, until the meter can be read. Whenever applicable, water bills shall also include sewer service charges for the same period. [Prior code § 73.140] § 13.5.29 Application for service. The following criteria must be met regarding application for utility service: A. No utility service will be provided without a signed application containing the following information: 1. The date of application; 2. The location of the premises to be served, including the Assessor's tax lot number; 3. The date on which the applicant will be ready for service; 4. Whether the premises has ever been supplied with city utility; 5. The purpose for which the service is to be used; 6. The size of the service; 7. The address to which bills are to be mailed or delivered; 8. The applicant shall be the owner of the premises. 9. An agreement to abide by all rules, regulations and ordinances of the city governing utility service; 10. Such other information as the city may reasonably request. B. Two or more parties who join to make application for service shall be jointly and individually liable, and shall be sent a single billing. C. Contracts, other than applications, may be required prior to service where, in the opinion of the city, special circumstances exist. D. If a premises is connected to the city utility system without application, the premises will be disconnected. Before a new connection is made, the applicant shall pay double the rate the estimated quantity of utility services consumed. E. In no case shall a utility service be turned on until the terms of this section have been complied with, and until all appropriate fees and charges have been paid. §13.5.30 Applicant and owner responsible for bills. Payment of water bills shall be the responsibility of the person having made application for service, as well as the owner of leased or rented premises. The applicant may be the owner, tenant, agent or other authorized representative responsible for occupancy of the premises. Where an applicant is a person other than the owner of the premises, the city shall first make reasonable attempts to collect bills from the applicant. The owner's responsibility for payment of bills shall not be reduced or waived because of the city's attempts to collect from the applicant, so long as the owner is sent notice of the delinquent billings. If water bills are paid and kept current, the water service will not be discontinued upon the order of any other person to enforce vacation of the premises or for other reasons. [Prior code § 73.145] §13.5.31 Deposits. In the absence of established credit satisfactory to the city, the customer may be required to make a suitable deposit not exceeding twice the estimated average monthly bill as a guarantee of performance on the person's or her part of the agreement of service: A. Interest. The city shall pay interest on a deposit based on the average city checking account interest rate, computed annually. Interest on a deposit shall accrue annually and, if requested by the customer, shall be credited to the customer by deducting such interest from the amount of the next bill for service following the accrual date. Upon discontinuance of service, the city will refund the customer's deposit, plus accrued interest or the balance, if any, in excess of the unpaid bills for service furnished by the city. B. Refund. After the customer has paid bills for service for twelve consecutive billings without having had service discontinued for nonpayment of bill or had more than two occasions on which the bill was not paid within the period prescribed by Section 0, and the customer is not then delinquent in the payment of the person's bills, the city will promptly and automatically refund the customer's deposit, plus accrued interest. [Ord. 1175 § 1, 1988: Ord. 1125 § 1 (part), 1984: prior code § 73.150] § 13.5.32 Restoration of service charge. A. The city shall charge a customer for restoration of utility service when service has been discontinued. B. For the restoration of service, the customer shall pay a fee of twenty dollars ($20). C. This charge shall not apply to newly installed service connections unless the applicant may have outstanding charges in another account. § 13.5.33 Computation and collection of charges. All collections for user service charges shall be made by the appropriate city department. User service charges shall be computed and payable as provided in this chapter. § 13.5.34 Billing-Mailing address. Bills for user service charges shall be mailed to the address specified in the application for permit to make the connection, unless or until a different owner or user of the property is reported in writing to the City not less than 25 days before the next billing. §13.5.35 Fraud prevention devices. The city reserves the right to install such meters or other devices as may be necessary for the detection and prevention of fraud or waste without notice to the customer. Whenever flat rate service is furnished for a special use and a demonstrated abuse of such service occurs, the city may, upon written notice to the customer, meter such service and bill, under an applicable schedule, for water supplied. [Prior code § 73.155] §13.5.36 Damage to meter equipment- User responsible. Should damage result to metering equipment by reason of the customer's molestation or wilful neglect, the city will repair or replace such equipment and may require payment by the customer for the costs incurred. [Prior code § 73.160] §13.5.37 Equal payment plan. A. At the option of the customer, residential service billing may be rendered in equal monthly amounts, provided the customer has satisfactory credit or account balances not exceeding the calculated equal monthly payment amount. B. Equal monthly payments are calculated as one-eleventh of the most recent twelve months actual billing. An estimated annual billing shall be substituted when actual billing is not available. Equal payment plan (E.P.P.) accounts shall be reviewed the eleventh month following the first full month of enrollment. On the annual review month, the actual accounts receivable balance will be billed or credited and the equal monthly payment revised if usage dictates. Credit accounts receivable balances shall be applied to the E.P.P. billing the month following the annual review month unless a refund is requested by the customer. Enrollment on E.P.P. can occur at any time. The customer may cancel by notification to the city and by payment of total receivable balances. The city reserves the right to revoke a customer's E.P.P. if the customer is delinquent on the scheduled equal monthly payments. [Prior code § 73.165] §13.5.38 Denial of service. Service may be denied to any person who has left an unpaid water bill at another address, until such bill is paid. Service may be denied to any person until restitution has been made for any damage or loss of revenue resulting from tampering with or bypassing water meters or locking devices. The city may refuse to reconnect service under the name of any other member of the family when the head of the household is unchanged and when service at that address has previously been disconnected for nonpayment of bills. [Prior code § 73.170] §13.5.39 Disputed bills-Hearings. A. Any person receiving a utility bill who disputes the charges set forth therein, may submit to the City Manager a request in writing for hearing on such disputed bill. The request for hearing shall be filed within seven calendar days of the date of the delinquent notice referred to in Section 0. Upon the filing of a request for hearing, all proceedings relative to collection of the disputed bill shall be stayed until the final decision is made as hereinafter provided. B. The City Manager or the person's designee shall schedule a hearing on the disputed charges and shall notify the user in writing or in person of the time, place and date of such hearing. Upon conclusion of the hearing, the City Manager or the person's designee shall make a final determination as to the amount due and owing on the disputed bill and shall notify the user in writing of the person's decision. C. If the decision of the City Manager or the person's designee is that there are charges due and owing, the utility user shall have seven calendar days from the date of service of the notice to make full payment. Discontinuance of water service for failure to make the payment shall not take place unless a forty-eight-hour notice is given as provided in Section 0. [Prior code § 73.180] §13.5.40 Adjustment of bills. A. Unusually high water bills resulting from leakage occurring in the customer's plumbing system will be adjusted for a period not to exceed the previous two months; upon notification by the user, and if the leakage is corrected within thirty days after its discovery. The basis of adjustment will be reduction of water quantity bills by one-half the excess over the user's normal bill. B. Billings which the department has made erroneously may be corrected retroactively for a period not to exceed one year upon acknowledgement by the department of the error. [Prior code § 73.185] §13.5.41 Rate schedule. A. The monthly rates and charges for residential, commercial and industrial water service shall be one dollar and five cents per one hundred cubic feet of water consumed plus the following minimum monthly charge: Meter Size Monthly Charge 5/8²-3/4² $*13.00 1² 27.00 11/4² 40.00 11/2² 56.00 2² 96.00 3² 212.00 4² 373.00 6² 835.00 B. The rates and charges for private fire protection service through standpipes and connections to privately owned fire hydrants and automatic sprinkler systems for private fire protection are as follows: Monthly Rate $4.87 for each connection of two-inch $5.60 for each connection of four-inch $9.15 for each connection of six-inch 1. Water taken under this schedule is to be used only to extinguish fires and for flushing necessary to maintain fire protection equipment. In cases of surreptitious or improper use of water, a meter may be installed and water used may be billed at regular meter rates. 2. All additions of water mains and services occasioned solely by request for private fire protection service, and all hydrants installed on private property after the date hereof, shall be installed at the expense of the customer. A contract may be required to cover installation for fire protection. C. The rates and charges for fire hydrants furnished by the city for public fire protection shall be an annual sum of one thousand three hundred thirty-nine dollars. Water taken under this schedule is to be used only to extinguish fires and for flushing necessary to maintain fire protection equipment. In case of surreptitious or improper use of water, the consumption may be estimated or a meter may be installed and water used shall be billed at regular meter rates. Any necessary enlargement or additions of mains will be provided by the city at customer's expense. D. For all new services outside the corporate limits of the city, a surcharge of one hundred percent shall be added to the inside rate and charges, except as otherwise established by written agreement approved by the city council. [Ord. 1231 § 1, 1991; Ord. 1176 § 1, 1988; Ord. 1166 §§ 1, 2, 1987; prior code § 73.190] §13.5.42 Service connections-Charges. A. The city shall not be required to install or maintain more than one service extension from its distribution main to supply the same class of service to any one customer. Each customer shall furnish, own, install and maintain, at the person's own expense, all piping, plumbing, equipment and faucets located beyond the point of delivery, which shall be, at a mutually acceptable location, from the city main adjacent to the property line or curb line, of the premises upon which the water service is to be utilized by the customer. All plumbing and equipment located beyond the point of delivery, including outside hydrants and faucets, shall be connected to the service extension at the expense of the customer and in such a manner that all water used by the customer shall pass through the meter. B. Where service is to be newly established at a point of delivery, requiring that the city install a service pipe, the customer shall, at the time of application for service, pay the city a connection charge. The connection charge shall be: $250.00 for service pipes of three-fourths-inch nominal diameter $282.00 for service pipes of one-inch nominal diameter $970.00 for service pipes of one and one-half-inch nominal diameter $1,100.00 for service pipes of two-inch nominal diameter $1,850.00 for service pipes of three-inch nominal diameter $1,900.00 for service pipes of four-inch nominal diameter $2,700.00 for service pipes of six-inch nominal diameter C. Costs of the meter will be paid by the customer for all meters and they become property of the city. [Prior code § 73.195] §13.5.43 Discontinuance of service. A. Every customer who is about to vacate any premises to which water service is supplied by the city or who for any reason wishes to have such service discontinued shall give five days' notice in advance of the intended date of discontinuance of service. Until the city shall have received such notice, the customer shall be held responsible for all service rendered to such premises. B. Service may be discontinued for nonpayment of bills as provided in Section 0. Service may also be discontinued for violation of any of the provisions of this ordinance after five days' written notice that the violation must cease; provided, however, that where fraudulent use of services is detected, or where a dangerous condition is found to exist on the customer's premises, service may be discontinued without advance notice. C. Whenever service has been discontinued by the city because of any default by the customer, as provided in this chapter, a charge to cover the costs of reconnection shall be collected by the city before service is restored. The amount of the charge will be fifteen dollars for each reconnection completed during the city's regular office hours and thirty dollars for each reconnection completed during other hours at the customer's request. D. Whenever service is discontinued because of fraudulent use, the city may require a satisfactory payment of service rendered, in addition to the reconnection charge, before service is restored. E. A charge in the amounts specified in subsection C of this section will be made for each disconnection or reconnection at the request of the customer in excess of one disconnection or reconnection by the same customer within any period of twelve consecutive months. [Prior code § 73.200] § 13.5.44 Delinquent accounts. A. Utility bills for utility service shall be due and payable on the last day of the month following the month in which they were mailed. B. Utility bills shall be delinquent it not paid by the due date and a $5.00 late fee shall be added to the account balance on the next working day following the due date. C. 1.5% monthly interest charge on the past due balance shall be added to the account if the utility bill is not paid by the last day of the month. D. Utility service for delinquent utility accounts may be turned off after providing the owner and occupants with written notice: 1. Written notice shall be sent to the occupant and person responsible for the account (if they are different) stating that utility service shall be discontinued unless the delinquent account balance is paid by 5:00 p.m. on the fifth day of the month or a later specified date and time. The notice shall be mailed a minimum of ten (10) days prior to the date the utility is to be turned off. Utility services shall not be turned off after 2:00 p.m. in the afternoon nor shall utility services be turned off on Fridays, weekends, or the day before a regular holiday. 2. In addition to the information given in subsection 1 above, the notice shall also indicate that responsibility for payment of any unpaid balance shall be the responsibility of the property owner and may be placed as a lien against the premises as authorized by this code. E. If the full payment of the delinquent amount is not made by the date designated on the turn-off notice, the utility may be immediately turned off. At the time utility service is turned off, a notice shall be posted on the premises indicating the utility service has been turned off and it may be restored by payment of the delinquent amount and a restoration fee. F. Prior to the restoration of service by the city, the delinquent bill and restoration fee shall be paid, unless a deferred payment schedule is approved by the City Recorder, or his designee. A deferred payment schedule that is violated shall not be renewed by the City. G. Delinquent utility accounts totaling less than twenty-five dollars ($25.00) shall not be turned off unless circumstances indicate the service has been abandoned. door hanger fee§ 13.5.45 Pretermination Notice Charge. Any delinquent account that remains unpaid at the time that a pretermination notice is posted on the property shall be imposed. The amount of the posting fee shall be $25.00, and shall be added to the account. § 13.5.46 Utility charge Utility service charges shall be a lien against the premises served from and after the date of billing and entry on the ledger or other records of the city pertaining to the utility system, and such ledger or other records shall remain accessible for inspection by anyone interested to ascertain the amount of such charges against the property. Whenever a bill for utility service remains unpaid ninety days after it has been rendered, and the amount of such bill exceeds $250.00, the lien thereby created may be foreclosed in a manner provided for in Oregon Revised Statutes 223.610, or in any other manner provided for by law or by city ordinance. Article IV. Cross-Connection and Backflow Article V. Extension of Water Mains §13.5.47 Extensions. A. Extension of mains will be made by the city, where grades of streets, avenues, etc., have been established by law, along streets dedicated to public use, county roads, highways or upon other satisfactory rights-of-way; provided, that pressure conditions permit service to the desired location, that sanitary conditions do not render the extension inadvisable, and that the city has sufficient water supply developed to provide for the additional demands without serious detriment to those already being served. B. An applicant for water service requiring an extension of eight-inch diameter or smaller main shall advance to the city an amount determined by multiplying the footage of main to be installed by: $9.50 for two*-inch and four*-inch diameter mains $15.40 for six-inch diameter mains $21.80 for eight-inch diameter mains * Mains of 2 and 4-inch diameter are of nonstandard size and are installed only where, in city's judgment, there is no possibility of further extensions or of future requirement for fire protection service. and then reducing the product so obtained by the extension allowance determined in accordance with subdivision (3)(a) of this subsection. For mains larger than eight-inch diameter, the applicant shall advance the estimated installed costs less the extension allowance. The size of mains will be determined by the city based on present service requirements and if expectations of the future expansion of the water system. Where projects require the extension of mains having diameters larger than eight inches, mains that cross over canyons, water courses or other obstacles on supports above the ground or that require boring under highways, railroad tracks or other obstacles, additional participation by applicant shall be required. The applicant will also be required to advance the costs of breaking and replacing pavements where mains must be installed in streets to supplement or to increase the capacity of existing mains; provided, that such mains have been in existence for a period of not less than ten years. Such money advance to the city will be regarded as customer advance and all or part may be subject to refund to the applicant or to applicant's assignee when such assignment is on file with the city, in accordance with the following: 1. General Extension. During the first five years following completion of the extensions, customer advances will be subject to partial refunds in the event that the service pipes of applicant's permanent service, other than for fire protection services are connected directly to the mains for which an advance was paid. The city shall determine the amount of the partial refund which shall be based on the length and feet and the number of customers being served by that part of the extension to be used to serve the applicant. The cash advance, if any, to be made by the applicant and refunds of cash advances, if any, to be made to existing customers shall be determined as if the applicant had been among those for whom the extension was originally constructed and shall be reduced by one-sixtieth part for each full month the extension has been in service. In no event will the total refund to any customer exceed the customer's advance and no refunds will be made after the extension has been in service for five years. 2. Extensions to Service Tracts or Subdivisions. For a period not exceeding five years from the date of the completion of the extension, refunds will be made to the applicant or to the person's assignees when such assignment is on file with the city, for each bona fide and permanent service pipe, other than for fire protection services, connected directly to the extension for which an advance has been made. The amount of the refund will be the amount of the extension allowance for each customer less one-sixtieth of such amount of each full month from the date of completion of the extension to the date of the connection of service to the new customer; provided, however, that the total payments thus made by the city shall not exceed the amount of the original advance without interest, and that no refunds will be made unless the number of actual active services exceeds the number for which refunds have already been made. Refunds will be made once each year for a period of five years for each permanent connection during the preceding twelve months. 3. Provisions Applicable to All Extensions. a. For each permanent, full time, residential customer the extension allowance shall be two hundred sixty-six dollars. The extension allowance for other than residential service, except for fire protection service, shall be equal to the estimated annual revenue, as determined by the city immediately available from the customer or the customers to be served divided by the average annual residential revenue at currently effective rates times the residential extension allowance of two hundred sixty-six dollars. b. No interest will be paid by the city on customer advances on or refunds thereof. c. The “footage of mains to be installed,” as used to determine the amount of customer advance, shall include the mains, if any, that are installed to increase capacity where existing mains are of insufficient size. d. Extensions may be made across private property only on delivery to the city of rights-of-way acceptable to the city. e. The size, type and quality of materials and location of the lines and facilities shall be specified by the city and the actual construction will be done by the city or by a contractor acceptable to it. f. The sole and exclusive title to any extension constructed under these rules shall be vested in the city. g. All facilities beyond the point of delivery shall be furnished, installed, owned and maintained by the customer. h. Point of delivery shall be from a city main that is adjacent to the property line, or curb line, of the premises to be served. i. Any extension of water mains (other than a service connection) shall be considered as a new and separate extension. [Prior code § 73.215] Chapter 13.6 Reserved for Expansion Chapter 13.7 Reserved for Expansion Chapter 13.8 Reserved for Expansion Chapter 13.9 Reserved for Expansion Chapter 13.10 SEWER SERVICE USE REGULATIONS §13.10.1 Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows: “Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees Centigrade, expressed in milligrams per liter. “Building drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall. “Building sewer” means the extension from the building drain to the public sewer or other place of disposal, also called house connection. “Combined sewer” means a sewer intended to serve as a sanitary sewer and a storm sewer, or as an industrial sewer and a storm sewer. “Easement” means an acquired legal right for the specific use of land owned by others. “Floatable oil” means oil, fat or grease in a physical state such that it will depurate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system. “Garbage” means solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. “Industrial user” means any nongovernmental, nonresidential user of a publicly owned treatment work which discharges more than the equivalent of twenty-five thousand gallons per day (gpd) of sanitary wastes and which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under one of the following divisions: Division A -Agriculture, Forestry and Fishing. Division B -Mining. Division D -Manufacturing. Division E -Transportation, Communication, Electric, Gas, and Sanitary Services. Division I - Services. In determining the amount of a user's discharge for purposes of industrial cost recovery, the grantee may exclude domestic wastes or discharges from sanitary conveniences. “Industrial waste” means that portion of the wastewater emanating from an industrial user which is not domestic waste or waste from sanitary conveniences. “Natural outlet” means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater. “pH” means the logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen-ion concentration of 10-7. “Properly shredded garbage” means the wastes from the preparation, cooking and dispensing of foods that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension. “Public sewer” means a common sewer controlled by a governmental agency or public utility. “Sanitary sewer” means a sewer intended to carry only sanitary or sanitary and industrial wastewaters from residences, commercial buildings, industrial plants and institutions. “Sewage” means the spent water of a community. “Sewer” means a pipe or conduit that carries wastewater or drainage water. “Slug” means any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen minutes more the five times the average twenty-four hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works. “Stormdrain” (sometimes termed “storm sewer”) means a sewer intended to carry only stormwaters, surface runoff, street wash waters and drainage. “Superintendent” means the superintendent of the wastewater treatment works of the city or the person's authorized representative. “Suspended solids” means total suspended matter that either floats on the surface of, or is in suspension in water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater and referred to as nonfilterable residue. “Unpolluted water” means water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided. “Wastewater” means the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water and stormwater that may be present. “Wastewater” means sewage. “Wastewater facilities” means the structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent. “Wastewater treatment works” means an arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with “waste treatment plant” or “wastewater treatment plant” or “water pollution control plant” or “sewage treatment plant.” “Water course” means a natural or artificial channel for the passage of water either continuously or intermittently. [Prior code § 70.010] §13.10.2 Chapter provisions not exclusive. No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by the state or county. [Prior code § 70.100] §13.10.3 Waste deposited on public or private property unlawful. It is unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste. [Prior code § 70.020] §13.10.4 Privy, septic tank and cesspool not allowed for disposal of wastewater. Except as provided in this chapter, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater. [Prior code § 70.040] §13.10.5 Connection required. The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the city and abutting on any street, alley or right-of-way in which there is located a public sanitary or combined sewer of the city, is required at the owner(s) expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within sixty days after date of official notice to do so. [Prior code § 70.050] §13.10.6 Connection permit required. No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent. [Prior code § 70.110] §13.10.7 Connection fee. A. The fee for connection of existing buildings to the sewer shall be two hundred dollars except that, if an existing building contains several distinct units as, for example, a multiunit residential building containing several distinct dwelling units, the fee shall be two hundred dollars for the first unit and one hundred dollars for each additional unit. B. The fee for connection of new single-family residences to the sewer shall be four hundred dollars for each residence. C. The fee for connection of new multiunit residential buildings to the sewer shall be four hundred dollars for the first dwelling unit and two hundred dollars for each additional unit. D. The fee for connection of new commercial or industrial buildings to the sewer shall be ten dollars per one hundred square feet of floor space of the building. E. The fee for connection of new mobile home court spaces to the sewer shall be one hundred fifty dollars for each space. F. As used in this section, the term “existing” means fully constructed and finished on or before July 22, 1976, and the term “new” means fully constructed and finished after July 22, 1976. G. The fees set forth in this section shall accompany the application for sewer connection permits. The fees set forth in this section shall be in addition to costs each applicant shall pay for the installation and connection of such sewer as provided by the ordinances of the city. [Prior code § 70.120] §13.10.8 Connection standards. The connection of the building sewer into the public sewer shall conform to the requirements of applicable building and plumbing codes or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation. [Prior code § 70.190] §13.10.9 Connection to be made by city. The applicant for the building sewer permit shall notify the superintendent seventy-two hours in advance when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made by the city. [Prior code § 70.200] §13.10.10 Excavations for sewer installation-Barricades and lights required. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. [Prior code § 70.210] §13.10.11 Connection cost-Owner responsibility. All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. [Prior code § 70.130] §13.10.12 Operation and maintenance of facilities-Owner responsibility. The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city. [Prior code § 70.090] §13.10.13 Private system allowed when. Where a public sanitary or combined sewer is not available under the provisions of Section 0, sewer shall be connected to a private wastewater disposal system complying with the regulations of the state and/or county. [Prior code § 70.060] §13.10.14 Private system fee. Before commencement of construction of a private wastewater disposal system the owner(s) shall first obtain a written permit si