ORS Chapter 452 - Oregon Statutes

Chapter 452 — VectorControl

 

2009 EDITION

 

 

VECTORCONTROL

 

PUBLICHEALTH AND SAFETY

 

DEFINITIONS

 

452.010     Definitionsfor ORS 452.010 and 452.020 to 452.300

 

VECTORCONTROL DISTRICTS

 

452.020     Formationof district

 

452.070     Substantialcompliance suffices

 

452.080     Boardof trustees; district name change

 

452.090     Fillingvacancies; removal

 

452.100     Meetingsof board

 

452.110     Powersof board; contracts

 

452.120     Dutiesof county court

 

452.130     Paymentfor cost of vector control; exception

 

452.140     Pesticideuse; consent of State Fish and Wildlife Commission

 

452.145     Limitationon predatory animal control

 

452.151     Technicaladvice

 

452.153     Budget;taxing authority; rate limitation

 

452.157     Collectionof levy under ORS 452.153; deposit; disbursement; levy as lien

 

452.158     Filingboundary change with county assessor and Department of Revenue

 

452.160     Budgetestimates; rate limitation; levy; deposit and disbursement; levy as supplementto levy under ORS 452.153

 

452.170     Depositand disbursement of moneys collected

 

CONTROLOF VECTORS

 

(ByCounties)

 

452.210     Countycontracts with cities, vector control districts or other counties on vectorcontrol

 

452.230     Rightsunder contract

 

452.240     Powersof county regarding vector control

 

452.245     Pesticideuse; consent of State Fish and Wildlife Commission

 

452.250     Interferenceprohibited

 

(ByState)

 

452.300     OregonHealth Authority vector control program

 

PENALTIES

 

452.990     Penalties

 

DEFINITIONS

 

      452.010Definitions for ORS 452.010 and 452.020 to 452.300. As used in thissection and ORS 452.020 to 452.300, unless the context requires otherwise:

      (1)“County court” includes board of county commissioners.

      (2)“District” means a vector control district established for the prevention,control or eradication of public health vectors and predatory animals.

      (3)“Health officer” means the health officer appointed under ORS 431.418.

      (4)“Integrated pest management methods” means the processes described in ORS634.650 (1).

      (5)“Pesticide use plan” means an annual plan created by a vector control districtor a county court that describes anticipated pesticide use.

      (6)“Predatory animals” has the meaning given that term in ORS 610.002.

      (7)“Public health vectors” means arthropods and vertebrates of public healthsignificance and those insects included within the family Chironomidae of theorder Diptera. The term does not include any domesticated animal.

      (8)“Vector habitat” means any area where public health vectors are found. [Amendedby 1959 c.600 §1; 1961 c.610 §17; 1981 c.640 §8; 1987 c.298 §1; 2007 c.258 §1]

 

VECTORCONTROL DISTRICTS

 

      452.020Formation of district. One or more districts may be formed in any county.The entire county may be included within a district or any portion of theentire county may be included. The district may include all or part of anyincorporated cities in the county. [Amended by 1959 c.600 §2]

 

      452.030 [Repealed by1971 c.727 §203]

 

      452.040 [Repealed by1971 c.727 §203]

 

      452.050 [Amended by1959 c.600 §3; repealed by 1971 c.727 §203]

 

      452.060 [Repealed by1959 c.600 §4]

 

      452.061 [1959 c.600 §3a;repealed by 1971 c.727 §191]

 

      452.070Substantial compliance suffices. No defect in the contents of thepetition or notice or proceedings shall vitiate the validity of theproceedings, if the petition contains a sufficient number of qualifiedsignatures and describes the territory proposed as a district with reasonablecertainty and the published notice describes the territory and states the dateand place of the hearing.

 

      452.075 [1963 c.255 §2;repealed by 1971 c.727 §203]

 

      452.080Board of trustees; district name change. (1) After an order is entered forming adistrict, the county court of the county in which the district is situatedshall forthwith appoint a governing board of five trustees each of whom shallbe a resident and elector of the district.

      (2)The trustees shall hold office for four years and until their successors areappointed and qualified, except that for each new board of five trustees onemember shall be appointed for a term of one year, one for a term of two years,one for a term of three years and two for a term of four years.

      (3)Each trustee shall take an oath to faithfully perform the duties of office. Theoath shall be filed with the county clerk.

      (4)The board of trustees shall elect a president, a secretary and a treasurer atthe first meeting of each calendar year. Officers shall serve for one calendaryear.

      (5)All health officers with offices in the district shall be ex officio members ofthe board without vote and shall be offered the opportunity to assist in thecreation of district plans.

      (6)The board of trustees may compensate a trustee in an amount not exceeding $100per year for attendance at conferences that provide training and education tocarry out trustee duties under ORS 452.110.

      (7)The board of trustees may adopt a resolution to change the name of thedistrict. The board shall file a copy of a resolution changing the name of thedistrict with the Secretary of State and the county clerk within 10 days after adoptingthe resolution. Following a name change, the district name must contain thewords:

      (a)Vector control district;

      (b)Mosquito and vector control district;

      (c)Mosquito control district; or

      (d)Vector and predatory animal control district. [Amended by 1959 c.600 §5; 1967c.215 §1; 1969 c.345 §10; 1971 c.403 §8; 1971 c.727 §136; 2007 c.258 §2]

 

      452.090Filling vacancies; removal. (1) A vacancy in an office of district trusteeshall be filled by appointment by the county court. The appointee shall servethe balance of the unexpired term.

      (2)The county court may remove any district trustee from office for cause. [Amendedby 1969 c.669 §11]

 

      452.100Meetings of board.(1) The board of trustees shall provide for the time and place of holding andthe manner of calling its meetings, and may establish rules for theproceedings.

      (2)All sessions of the board shall be held within the district.

      (3)In all cases a majority of the appointed members of the board shall constitutea quorum for the transaction of business. At any meeting the decision of amajority of the trustees present and voting shall be valid as a corporate act.

 

      452.110Powers of board; contracts. The board of trustees of a control district may:

      (1)Take all necessary and proper steps and measures for the prevention, control oreradication of public health vectors and vector habitats within the districtand for the control of predatory animals within the district, using integratedpest management methods. Prior to taking such measures the board shall considertechnical information available to it for the purpose of determining the needfor control measures and the need for specific actions.

      (2)Enter upon any land, public or private, within the district at any reasonabletime to inspect for or to prevent, control or eradicate public health vectorsand vector habitats using integrated pest management methods.

      (3)Purchase all needed equipment, supplies and materials.

      (4)Employ such labor and service as may be proper or necessary in the furtheranceof the objects of ORS 452.020 to 452.170.

      (5)Employ labor and services and fix the compensation and prescribe the duties ofall employees, agents and servants.

      (6)Acquire by gift or purchase, hold, manage and dispose of real and personal propertyin the name of the district in the furtherance of the purposes for which thedistrict is established.

      (7)Work cooperatively with irrigation and drainage districts, municipalcorporations or other public agencies, and use the technical expertise of thedistrict to assist those agencies in the construction, improvement, repair andmaintenance of ditches when such work is necessary for, or incident to, theprevention, control and eradication of predatory animals or public healthvectors.

      (8)Enter into a contract with a city, county, district described in ORS 198.010 orperson to perform, or to act jointly or in cooperation with the city, county,district or person in performing, any abatement practice or other activity thatthe vector control district is authorized to perform for the eradication,control and prevention of public health vectors and vector habitats orpredatory animals.

      (9)Generally do all things necessary or incident to the powers granted and tocarry out the objectives specified in this section. [Amended by 1959 c.600 §6;1981 c.640 §1; 1983 c.207 §1; 1987 c.298 §2; 2007 c.258 §3]

 

      452.120Duties of county court. The county court shall:

      (1)Call special meetings of the board of the district for the purposes ofinvestigation and supervision of its affairs. At least one meeting shall becalled annually for the purpose of reviewing the activities of the district.

      (2)Hold hearings of complaints of other interested persons.

      (3)Require the board to furnish by February 1 of each year a proposed annual workprogram which shall include an estimate of funds required for the next year anda description of the work contemplated and the methods to be employed by thedistrict.

      (4)Approve, after consultation with the health officers, the annual work programof the district before any work contracts or operations are entered into by theboard.

      (5)Require the board to furnish by February 1 of each year an annual reportcovering moneys expended, methods employed and work accomplished during thepast fiscal year. [Amended by 1959 c.600 §7; 1981 c.640 §9]

 

      452.130Payment for cost of vector control; exception. All workperformed under ORS 452.110 shall be paid for by the control district, exceptwhen a contract authorized under ORS 452.110 (8) provides otherwise. [Amendedby 1983 c.207 §2; 2007 c.258 §4]

 

      452.140Pesticide use; consent of State Fish and Wildlife Commission. The board oftrustees of a district:

      (1)May not apply pesticides to waters in the district that are frequented bywaterfowl or that contain any game fish without obtaining annual approval ofthe State Fish and Wildlife Commission.

      (2)May not apply pesticides for public health vectors without first obtainingapproval of the State Fish and Wildlife Commission. [Amended by 1959 c.600 §8;1981 c.640 §2; 2007 c.258 §5]

 

      452.145Limitation on predatory animal control. Notwithstanding ORS 452.110:

      (1)A vector control district shall not exercise the authority granted by ORS452.110 relating to the control or eradication of predatory animals unless theelectors of the district approve a proposition referred to them by the districtboard that authorizes the district to assume the function of predatory animalcontrol and eradication.

      (2)When authorized to assume the function of predatory animal control anderadication by the electors of the district, a vector control district shallconduct its activities for the control and eradication of predatory animals inaccordance with the provisions of ORS chapter 610.

      (3)Officers and employees of a vector control district shall not enter upon anyprivate land to inspect for or to control predatory animals unless the owner ofthe land first grants permission for such entry. [1987 c.298 §4]

 

      452.150 [Repealed by1959 c.600 §9 (452.151 enacted in lieu of 452.150)]

 

      452.151Technical advice.The board may request technical advice and information from the Oregon StateUniversity Agricultural Experiment Station and the Oregon Health Authorityregarding methods and chemicals to be used in the control and extermination ofrats and public health vectors. [1959 c.600 §10 (enacted in lieu of 452.150);1981 c.640 §3; 2001 c.104 §189; 2009 c.595 §875]

 

      452.153Budget; taxing authority; rate limitation. (1) The board of trustees of anydistrict, annually as provided in this section, may levy a tax on all theproperty in the district to provide moneys for all purposes required under ORS452.020 to 452.170 during the next succeeding fiscal year. However, the taxeslevied under this section may not exceed two-tenths of one percent (0.002) ofthe real market value of all taxable property within the district, computed inaccordance with ORS 308.207.

      (2)Each year, immediately after necessary records are made, the county assessor ofthe county in which the district is situated shall transmit to the board oftrustees a statement in writing, showing the total value of all property withinthe district as ascertained for that year from the assessment rolls of thecounty.

      (3)The board of trustees shall prepare a budget in the form, manner and timeprescribed in the Local Budget Law and in accordance therewith fix the amountof money to be raised by taxation for carrying out its functions andactivities. In the manner and time prescribed by law, the board shall transmitto the county assessor a statement of taxes that are to be collected.Assessment and collection of taxes levied on property within the district shallbe made by the county officers charged with assessment and collection of otherproperty taxes in the county in which the district is situated. [1965 c.609 §2;1967 c.205 §1; 1973 c.256 §1; 1981 c.640 §10; 1991 c.459 §407]

 

      452.157Collection of levy under ORS 452.153; deposit; disbursement; levy as lien. (1) Taxeslevied under ORS 452.153 shall be collected at the same time and in the samemanner as county taxes are collected and, when collected, shall be paid to thecounty treasurer and deposited, at the discretion of the board, either with thecounty treasurer of the county in accordance with subsection (3) of thissection or in one or more banks or savings and loan associations designated bythe board. Funds deposited in a bank or savings and loan association shall bewithdrawn or paid out only upon proper order and warrant or check signed by thetreasurer of the board and countersigned by the president of the board.

      (2)Taxes levied under ORS 452.153 shall be a lien upon the property against whichthey are levied and shall be of the same force and effect as other liens fortaxes. Their collection shall be enforced by the same means as provided for theenforcement of liens for county property taxes.

      (3)District funds deposited with the county treasurer shall be deposited in aseparate fund to the credit of the district. The county treasurer shall disbursethe moneys upon the warrant of the district signed by the president of theboard and countersigned by the treasurer of the board.

      (4)The board may by resolution designate a treasurer pro tempore or a presidentpro tempore who may sign warrants or checks on behalf of the treasurer of theboard and president of the board respectively. [1965 c.609 §3; 1981 c.640 §11]

 

      452.158Filing boundary change with county assessor and Department of Revenue. For purposes ofad valorem taxation, a boundary change must be filed in final approved formwith the county assessor and the Department of Revenue as provided in ORS308.225. [2001 c.138 §36]

 

      Note: 452.158 wasadded to and made a part of 452.020 to 452.300 by legislative action but wasnot added to any smaller series therein. See Preface to Oregon Revised Statutesfor further explanation.

 

      452.160Budget estimates; rate limitation; levy; deposit and disbursement; levy assupplement to levy under ORS 452.153. (1) In addition to or in lieu of thetax levy provided for by ORS 452.153, the board of trustees of any districtmay, at the times and in the manner provided by law for public corporations,furnish to the county court and county accountant an estimate and statement,made pursuant to the budget laws of the state, of the amount of money necessaryfor all purposes required under ORS 452.020 to 452.170 during the next ensuingfiscal year. The county court may include the amount of the estimate so made,or any portion thereof, in the annual budget of the county. However, in no oneyear shall the amount be greater than enough to raise the amount determined bythe board of trustees and approved by the county court and the health officerson the board. The amount budgeted, when added to any taxes levied under ORS 452.153,shall not exceed two-tenths of one percent (0.002) of the real market value ofall taxable property within the district, computed in accordance with ORS308.207.

      (2)The county court, thereafter at the time and in the manner of levying taxes forstate and county purposes, may levy a tax on all the taxable property in thedistrict sufficient to raise the amount of the estimate made by the board oftrustees of the district.

      (3)All taxes levied under this section shall be computed and entered on the assessmentand tax rolls of the county and collected at the same time and in the samemanner as state and county taxes. When collected, the taxes shall be paid intothe county treasury for the use of the district. Such funds may be withdrawnonly upon warrants issued by the proper authorities of the district. [Amendedby 1959 c.600 §11; 1963 c.9 §28; 1965 c.609 §5; 1981 c.640 §12; 1983 c.310 §20;1991 c.459 §408]

 

      452.170Deposit and disbursement of moneys collected. All money received from taxescollected for the use of any control district under ORS 452.160 shall be paidto the county treasurer of the county in which the district is situated. Thecounty treasurer shall keep the moneys in a separate fund to the credit of thedistrict and disburse them upon the warrant of the district signed by thepresident of the board, and countersigned by the treasurer of the board. [Amendedby 1959 c.600 §12; 1965 c.609 §6; 1981 c.640 §13]

 

      452.180 [1963 c.255 §3;repealed by 1971 c.727 §203]

 

CONTROLOF VECTORS

 

(ByCounties)

 

      452.210County contracts with cities, vector control districts or other counties onvector control.Any county court may contract with any incorporated city, any vector controldistrict, or with the county court of any other county on any matter incidentto the eradication, prevention and control of public health vectors and vectorhabitats using integrated pest management methods and for the supervision ofsuch work by county employees. [Amended by 1959 c.600 §13; 2007 c.258 §6]

 

      452.220 [Amended by1959 c.600 §14; repealed by 1983 c.537 §7]