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