ORS Chapter 203 - Oregon Statutes

Chapter 203 — CountyGoverning Bodies; County Home Rule

 

2009 EDITION

 

 

GOVERNINGBODIES; HOME RULE

 

COUNTIESAND COUNTY OFFICERS

 

GENERALPROVISIONS

 

203.010     Generalpowers of county as body politic and corporate

 

203.015     Powerof county to contract for purchase or lease of real or personal property

 

203.030     Definitionfor ORS 203.030 to 203.075

 

203.035     Powerof county governing body or electors over matters of county concern

 

203.040     Applicabilityof ordinances inside city

 

203.045     Procedurefor adopting ordinance; exception by charter or certain statutes

 

203.055     Referralof revenue related ordinance

 

203.060     Judicialreview and invalidation of ordinances

 

203.065     Penalties;remedies; enforcement; status of nuisance declared by ordinance; disposition offines

 

203.075     Paymentof assessments in installments; applicable law

 

203.077     Campingby homeless on public property; local governments required to develop policyfor removal of camps

 

203.079     Requiredelements of local government policies on camping by homeless

 

203.081     Sitesnot subject to ORS 203.077 to 203.081

 

203.082     Campingby homeless on property of religious institutions; required elements ofpolicies of local governments and religious institutions

 

203.085     Countyelection dates; procedures for emergency elections

 

203.090     Statepreemption of local laws relating to private security providers

 

203.095     Governor’sdeclaration of county public safety services emergency; process fordeclaration; recovery plan; rules

 

203.100     Fiscalcontrol board for county public safety services emergency; membership;termination

 

COUNTYGOVERNING BODIES

 

203.111     Countygoverning body; legislative authority; quorum

 

203.115     Statutorypower to set fees limited to twice annually

 

203.132     Inclusionof property outside county or in city in county assessment for localimprovement

 

203.135     Exerciseof eminent domain power by county governing body for road, park and otherpublic purposes

 

203.145     Appointmentof legal counsel for county governing body; authority of counsel; compensation

 

203.148     PublicLand Corner Preservation Fund; fees for recording

 

BOARDSOF COUNTY COMMISSIONERS

 

203.230     Abolishingoffice of county judge and establishing board of county commissioners innoncharter county; referral of order; operative date

 

203.240     Organization,powers and duties of board

 

COUNTYHOME RULE

 

203.710     Performanceof functions by officers designated by county law; definition

 

203.720     Electorsof county may adopt, amend, revise or repeal county charter; certainprovisions, deemed matters of county concern, to prevail over state law

 

203.725     Countycharter amendment; single subject; separate submission to electors

 

203.730     Chartercommittee appointed after filing of resolution or petition; sufficiency ofpetition; notice to persons entitled to make appointments to committee

 

203.740     Chartercommittee and members; appointment, qualifications, vacancies, terms,organization, meetings

 

203.750     Countyfunds for charter committee; committee staff; county officials to cooperate

 

203.760     Submissionof proposed charter, after public hearing, to electors; approval of conflictingcharters

 

203.770     Copiesof charters and amendments, revisions and repeals thereof; location andjudicial notice of

 

203.810     Offensesunder county law; jurisdiction; prosecutions

 

GENERALPROVISIONS

 

      203.010General powers of county as body politic and corporate. Each county isa body politic and corporate for the following purposes:

      (1)To sue and be sued;

      (2)To purchase and hold for the use of the county lands lying within its ownlimits and any personal estate;

      (3)To make all necessary contracts; and

      (4)To do all other necessary acts in relation to the property and concerns of thecounty.

 

      203.015Power of county to contract for purchase or lease of real or personal property. (1) A countymay enter into a contract for the purchase or for the lease with option topurchase of real or personal property when:

      (a)The period of time allowed for payment under the contract does not exceed 30years; and

      (b)The county is not obligated to make payments under the contract in any fiscalyear unless the county governing body includes such payments in the county’sbudget for that fiscal year and makes an appropriation therefor.

      (2)The powers granted to counties by this section are in addition to any otherpowers possessed by counties in this state, and this section may not beconstrued to limit such powers. [2003 c.794 §184]

 

      Note: 203.015 wasadded to and made a part of ORS chapter 203 by legislative action but was notadded to any smaller series therein. See Preface to Oregon Revised Statutes forfurther explanation.

 

      203.020 [Repealed by1979 c.492 §1]

 

      203.030Definition for ORS 203.030 to 203.075. As used in ORS 203.030 to 203.075, “governingbody” means the representative body vested with legislative power by statute orcharter. [1973 c.282 §1]

 

      203.035Power of county governing body or electors over matters of county concern. (1) Subject tosubsection (3) of this section, the governing body or the electors of a countymay by ordinance exercise authority within the county over matters of countyconcern, to the fullest extent allowed by Constitutions and laws of the UnitedStates and of this state, as fully as if each particular power comprised inthat general authority were specifically listed in ORS 203.030 to 203.075.

      (2)The power granted by this section is in addition to other grants of power tocounties, shall not be construed to limit or qualify any such grant and shallbe liberally construed, to the end that counties have all powers over mattersof county concern that it is possible for them to have under the Constitutionsand laws of the United States and of this state.

      (3)An ordinance adopted by a county governing body that changes the number or modeof selection of elective county officers shall not take effect unless theordinance is submitted to and approved by the electors of the county at aprimary election, general election or election held on the first Tuesday afterthe first Monday in November of an odd-numbered year. However, an ordinanceadopted under this section may not change the mode of selection of a countyassessor.

      (4)Nothing in this section shall be construed to limit the rights of the electorsof a county to propose county ordinances through exercise of the initiativepower. [1973 c.282 §2; 1981 c.140 §1; 1985 c.756 §1; 1995 c.712 § 87; 2007c.155 §12]

 

      203.040Applicability of ordinances inside city. Except by consent of the governing bodyor the electors of a city and except in cities not regularly operating as suchthrough elected governmental officials, ordinances adopted under ORS 203.030 to203.075 in exercise of the police power shall not apply inside an incorporatedcity. [1973 c.282 §4; 1977 c.766 §14]

 

      203.045Procedure for adopting ordinance; exception by charter or certain statutes. (1) Thissection does not apply to a county that prescribes by charter the manner ofadopting ordinances for the county or to an ordinance authorized by a statuteother than ORS 203.035.

      (2)The ordaining clause of an ordinance adopted under ORS 203.035 shall read:

      (a)In case of adoption by the county governing body only, “The (name of thegoverning body) ordains as follows:”.

      (b)In case of adoption or ratification by the electors of the county, “The Peopleof (name of county) ordain as follows:”.

      (3)Except as subsections (4) and (5) of this section provide to the contrary,every ordinance of a county governing body shall, before being put upon itsfinal adoption, be read fully and distinctly in open meeting of that body ontwo days at least 13 days apart.

      (4)Except as subsection (5) of this section provides to the contrary, and exceptordinances imposing, or providing exemptions from, taxation, an ordinancenecessary to meet an emergency may, upon being read first in full and then bytitle, be adopted at a single meeting of the governing body by unanimous voteof all its members present, provided they constitute a quorum.

      (5)Any reading required by subsection (3) or (4) of this section may be by titleonly:

      (a)If no member of the governing body present at the meeting requests that theordinance be read in full; or

      (b)If, not later than one week before the first reading of the ordinance, a copyof it is provided each member, copies of it are available at the headquartersof the governing body, one copy for each person who requests it, and notice ofthe availability is given by:

      (A)Written notice posted at the courthouse of the county and two other publicplaces in the county; and

      (B)Publication at least once in a newspaper of general circulation in the county,designated by the county governing body and published in the county or, if nonewspaper is so published, then in one published elsewhere.

      (6)An ordinance adopted after being read by title only may have no legal effect ifit differs substantially from its terms as it is thus filed prior to thereading, unless each section incorporating such a difference, as finallyamended prior to being adopted by the governing body, is read fully anddistinctly in open meeting of that body.

      (7)Upon the final vote on an ordinance, the ayes and nays of the members of thegoverning body shall be taken and recorded in the record of proceedings of thebody.

      (8)Upon the adoption of an ordinance by the governing body in accordance with thissection, the chairperson and recording secretary of the body at the session atwhich the ordinance is adopted shall sign it with the date of its adoption andwith their names and titles of office or position.

      (9)An ordinance adopted in accordance with this section, if not an emergencyordinance, shall take effect on the 90th day after the date of its adoption,unless it prescribes a later effective date or is referred to the electors ofthe county. If an ordinance is referred to the electors, it shall take effectonly upon the approval of a majority of those voting on the proposed ordinance.An emergency ordinance may take effect immediately upon the date of itsadoption. [1973 c.282 §3; 1975 c.736 §1]

 

      203.050 [1973 c.282 §5;1975 c.736 §2; repealed by 1979 c.190 §431]

 

      203.055Referral of revenue related ordinance. Any ordinance, adopted by a countygoverning body under ORS 203.035 and imposing, or providing an exemption from,taxation shall receive the approval of the electors of the county before takingeffect. [1973 c.282 §6; 1975 c.736 §3]

 

      203.060Judicial review and invalidation of ordinances. Ordinancesadopted under ORS 203.030 to 203.075 shall be subject to judicial review andinvalidation on account of unreasonableness, procedural error in adoption, orconflict with paramount state law or constitutional provision. [1973 c.282 §7]

 

      203.065Penalties; remedies; enforcement; status of nuisance declared by ordinance;disposition of fines.(1) Subject to ORS 153.025, violation of an ordinance adopted by a countygoverning body under ORS 203.030 to 203.075 is a Class A violation. Byordinance, a county governing body may establish a specific fine violation asdescribed in ORS 153.015 that provides for a higher fine than established underORS 153.018 for Class A violations.

      (2)The violator of a county ordinance may be prosecuted by the county in the nameof the county, or be made the defendant in a civil proceeding by the countyseeking redress of the violation.

      (3)Every act or thing done, or anything existing within the limits of a county,which is declared by an ordinance of the county adopted under ORS 203.030 to203.075 to be a nuisance, shall constitute a nuisance and may be regarded assuch in all actions, suits and proceedings, unless the ordinance is declaredvoid by a court of competent jurisdiction.

      (4)Fines recovered under ORS 203.030 to 203.075 shall be paid to the clerk of thecourt in which recovery is had. After first deducting court costs in theproceedings, the clerk shall pay the remainder to the treasurer of the countyfor the general fund of the county.

      (5)Any peace officer, as defined by ORS 161.015, may enforce an ordinance adoptedunder ORS 203.035. [1973 c.282 §8; 1975 c.736 §4; 1977 c.766 §15; 1999 c.1051 §78a]

 

      203.075Payment of assessments in installments; applicable law. When a countygoverning body orders the construction of a local improvement and levies anassessment for all or part of the cost of the improvement against propertybenefited by the improvement, if there is a conflict between ORS 223.205 to223.295, 223.387 to 223.399, 223.405 to 223.485 and 223.770 and a countycharter, county ordinance or another statute, the charter, ordinance or otherstatute shall prevail. [1987 c.615 §2; 1991 c.902 §109; 1995 c.333 §14]

 

      203.077Camping by homeless on public property; local governments required to developpolicy for removal of camps. All municipalities and counties shall:

      (1)Develop a policy that recognizes the social nature of the problem of homelessindividuals camping on public property.

      (2)Implement the policy as developed, to ensure the most humane treatment forremoval of homeless individuals from camping sites on public property. [1995c.121 §1]

 

      203.079Required elements of local government policies on camping by homeless. (1) A policydeveloped pursuant to ORS 203.077 shall include, but is not limited to, thefollowing:

      (a)Prior to removing homeless individuals from an established camping site, lawenforcement officials shall post a notice, written in English and Spanish, 24hours in advance.

      (b)At the time that a 24-hour notice is posted, law enforcement officials shallinform the local agency that delivers social services to homeless individualswhere the notice has been posted.

      (c)The local agency may arrange for outreach workers to visit the camping sitewhere a notice has been posted to assess the need for social service assistancein arranging shelter and other assistance.

      (d)All unclaimed personal property shall be given to law enforcement officialswhether 24-hour notice is required or not. The property shall be stored for aminimum of 30 days during which it will be reasonably available to anyindividual claiming ownership. Any personal property that remains unclaimed for30 days may be disposed of. For purposes of this paragraph, “personal property”means any item that is reasonably recognizable as belonging to a person andthat has apparent utility. Items that have no apparent utility or are in aninsanitary condition may be immediately discarded upon removal of the homelessindividuals from the camping site. Weapons, drug paraphernalia and items thatappear to be either stolen or evidence of a crime shall be given to lawenforcement officials.

      (e)Following the removal of homeless individuals from a camping site on publicproperty, the law enforcement officials, local agency officials and outreachworkers may meet to assess the notice and removal policy, to discuss whetherthe removals are occurring in a humane and just manner and to determine if anychanges are needed in the policy.

      (2)The 24-hour notice required under subsection (1) of this section shall notapply:

      (a)When there are grounds for law enforcement officials to believe that illegalactivities other than camping are occurring.

      (b)In the event of an exceptional emergency such as possible site contamination byhazardous materials or when there is immediate danger to human life or safety.

      (3)A person authorized to issue a citation for unlawful camping under state law,administrative rule or city or county ordinance may not issue the citation ifthe citation would be issued within 200 feet of the notice described in thissection and within two hours before or after the notice was posted. [1995 c.121§2; 1999 c.761 §1]

 

      203.081Sites not subject to ORS 203.077 to 203.081. As used in ORS 203.077 to203.081, “camping site” does not include:

      (1)Public property that is a day use recreational area.

      (2)Public property that is a designated campground and occupied by an individualunder an agreement with a municipality or county. [1995 c.121 §3]

 

      203.082Camping by homeless on property of religious institutions; required elements ofpolicies of local governments and religious institutions. (1) Anypolitical subdivision in this state may allow churches, synagogues and similarreligious institutions to offer overnight camping space on institution propertyto homeless persons living in vehicles.

      (2)In addition to any conditions or limitations imposed by a politicalsubdivision, a religious institution located within the political subdivisionand offering camping space described under subsection (1) of this section must:

      (a)Limit camping space at the institution site to three or fewer vehicles at thesame time; and

      (b)Provide campers with access to sanitary facilities, including but not limitedto toilet, hand washing and trash disposal facilities. [1999 c.319 §1]

 

      Note: 203.082 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 203 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.

 

      203.085County election dates; procedures for emergency elections. (1) Except asprovided in subsection (2) of this section, no election on a county measure orfor a county office shall be held on any date other than:

      (a)The second Tuesday in March;

      (b)The third Tuesday in May;

      (c)The third Tuesday in September; or

      (d)The first Tuesday after the first Monday in November.

      (2)An emergency election may be held on a date other than those provided insubsection (1) of this section, if the county governing body by resolutionfinds that an emergency exists that will require an election sooner than the nextavailable election date to avoid extraordinary hardship to the community. Adetermination under this subsection as to whether an emergency exists is withinthe sole discretion of the county governing body.

      (3)A county governing body, with adequate notice, shall hold a public hearing, ona date other than a regularly scheduled meeting, for the purpose of makingfindings substantiating the fact that an emergency exists before scheduling anelection on a date other than those specified in subsection (1) of thissection.

      (4)Notice of a county’s intent to hold an emergency election