TITLE 8 - Index

CHAPTER 8.04 - GARBAGE REGULATIONS
8.04.010  Grant of Non Exclusive Franchise
8.04.020  Definitions
8.04.030  Compliance with State Laws
8.04.040  Franchise Required
8.04.050  Franchise   Application and Franchise Fee; Granting and Transfer of Franchises
8.04.060  Facilities and Records of Franchisee
8.04.070  Insurance
8.04.080  Hold Harmless
8.04.090  Service Requirements - Generally
8.04.100  Recycling Requirements
8.04.110  Recycling Notification and Education
8.04.120  Rates and Charges
8.04.130  Suspension, Modification or Revocation of Franchise
8.04.140  Preventing Interruption of Service
8.04.150  Termination of Service
8.04.160  Submerged Containers Prohibited
8.04.170  Container Specifications
8.04.180  Solid Waste Disposal and Storage
8.04.190  Vehicle Requirements for Haulers
8.04.200  Multi-Family Housing - Participation Required in Recycling Collection Service
8.04.210  Illegal Dumping into Municipal Containers
8.04.220  Complaint Procedure
8.04.230  Violations

CHAPTER 8.07 – UNLAWFUL VEHICULAR NOISE
8.07.010 Definitions
8.07.020 Excessive Vehicular Noise Prohibited
8.07.030 Exceptions to Acts Prohibited
8.07.040 Unlawful Sounding of Train Horns
8.07.050 Violation – Penalties


CHAPTER 8.08 - NUISANCES
8.08.010  Definitions
8.08.020  Acts Constituting Nuisances
8.08.030  Specific Nuisances Designated
8.08.040  Permit Required for Certain Potential Nuisances
8.08.050  Abatement of Nuisance
8.08.060  Abatement by Person Responsible
8.08.070  Abatement by City
8.08.080  Assessment of Costs
8.08.090  Objection to Assessment of Costs
8.08.100  Assessment as Lien Against Property
8.08.110  Summary Abatement
8.08.120  Chronic Nuisance Property - Definitions
8.08.130  Notice of Chronic Nuisance Property
8.08.140  Burden of Proof, Defenses
8.08.150  Closure of Property; Civil Penalties
8.08.160  Enforcement Lien
8.08.170  Violation - Penalties

CHAPTER 8.09 – NOISE CONTROL
8.09.010 Definitions
8.09.020  General
8.09.030  Acts Prohibited
8.09.040  Permits for Potential Noise Control Violations
8.09.050  Abatement of Noise
8.09.060  Exceptions to Acts Prohibited
8.09.070  Violation Penalties

CHAPTER 8.10 – GRAFFITI ABATEMENT
8.10.010 Declaration of Nuisance
8.10.202 Definitions
8.10.030 Notice Requesting Removal
8.10.040 Abatement of Graffiti Property
8.10.050 Appeal
8.10.060 Removal by City – Lien for Expenses
8.10.070 Graffiti Removal Consent
8.10 080 Violation - Penalty


CHAPTER 8.12 - PEST CONTROL
8.12.010 Fly-producing conditions - Prohibited - Designated
8.12.020 Fly-producing conditions - Abatement procedure
8.12.030 Fly-producing conditions - Violation - Penalty

CHAPTER 8.14 – VACANT AND ABANDONED COMMERCIAL PROPERTY
8.14.010 Purpose
8.14.020 Definitions
8.14.030 Applicability
8.14.040 Maintenance and Security Requirements
8.14.050 Enforcement


CHAPTER 8.15 –SINGLE-USE PLASTIC CARRYOUT BAGS
8.14.010 Purpose
8.14.020 Definitions
8.14.030 Supervision and Enforcement by the City Manager
8.14.040 Retail Ban Regulations
8.14.050 Enforcement and penalties

CHAPTER 8.16 - ABANDONED REFRIGERATORS
8.16.010 Leaving abandoned or unattended refrigerator prohibited when
8.16.020 Removal of door or snap lock required when
8.16.030 Violation - Penalty


CHAPTER 8.20 - ABANDONED MOTOR VEHICLES
8.20.010 Unlawful vehicle storage designated - Time limit - Violation deemed misdemeanor
8.20.020 Nuisance declared - Removal or enclosure required
8.20.030 Notice to remove or enclose - Service - Time limit for compliance
8.20.040 Notice - Failure to comply - Violation - Penalty
8.20.050 Removal and impoundment by city - Notice - Charges - Disposal by city
8.20.060 Impounded vehicle - Payment of charges prerequisite to release
8.20.070 Repair or dismantling vehicles prohibited when - Emergency service time limit - Violation and penalty


CHAPTER 8.24 - ABANDONED PERSONAL PROPERTY
8.24.010 Definitions
8.24.020 Leaving in street or public place prohibited—Time limit - Removal authorized - Expense
8.24.030 Leaving on private property without consent prohibited - Time limit - Removal authorized - Expense
8.24.040 Property in custody - Records - Appraisal
8.24.050 Property in custody - Notice to owner prior to sale
8.24.060 Property in custody - Reclamation procedure - Time limit on cumulative charges
8.24.070 Property in custody - Public auction when - Effect of sale
8.24.080 Certificate of sale - Records
8.24.090 Return of sale - Transmittal to Motor Vehicles Division
8.24.100 Record of sale - Disposition of proceeds
8.24.110 Recovery of proceeds by owner - Procedure - Time limit


CHAPTER 8.28 - BURGLAR ALARM SYSTEMS
8.28.010 Purpose
8.28.020 Definitions
8.28.030 Alarm user's permit - Required - Application - Fees
8.28.040 Alarm business required to distribute user instructions
8.28.050 Automatic dialing device - Certain interconnections prohibited
8.28.060 False alarms - Permit revocation
8.28.070 Disposition of revenues
8.28.080 Enforcement by civil or criminal action
8.28.090 Violation - Penalty


CHAPTER 8.32 - FIRE ALARM SYSTEMS
8.32.010 Definitions
8.32.020 Automatic dialing device - Interconnections prohibited
8.32.025 False Alarms
8.32.030 Fines


CHAPTER 8.36 - ELECTRICAL INTERFERENCE
8.36.010 Electrical interference defined
8.36.020 Chapter not applicable to certain apparatus
8.36.030 Preventable interference with radio reception between ten a.m. and five p.m. prohibited
8.36.040 All interference with radio reception between five p.m. and twelve midnight prohibited
8.36.050 Means for reasonable prevention of interference designated
8.36.060 Radio inspector to inspect and test - Right of entry
8.36.070 Notice of violation
8.36.080 Violation - Penalty 


CHAPTER 8.40 - SWIMMING POOLS
8.40.010 Definitions
8.40.020 Enclosure requirements
8.40.030 Safety measures required
8.40.040 Bathers with communicable diseases restricted - Bodily discharge prohibited - Posting of regulations required
8.40.050 Sanitation of premises requirements
8.40.060 Pool cleaning requirements
8.40.070 Periodical inspection and testing - Right of entry - Abatement and suspension authorized when
8.40.080 Water quality requirements
8.40.090 Interference with enjoyment of property rights prohibited
8.40.100 Lighting restrictions
8.40.110 Unnecessary noise prohibited
8.40.120 Indecent exposure prohibited
8.40.130 Drainage into storm sewer or approved alternate method required
8.40.140 Compliance with state regulations required
8.40.150 Swimming or bathing in polluted water prohibited
8.40.160 Violation - Penalty 


CHAPTER 8.42 – REPEALED [FALSE ALARMS]


CHAPTER 8.43 - OPEN BURNING PROHIBITED
8.43.010 Open burning prohibited - Exceptions
8.43.012 Costs of Suppressing Fires
8.43.013 Permit Required
8.43.015 Vegetative Debris Burning
8.43.017 Discontinuance
8.43.020 Use of woodstoves restricted
8.43.030 Fire department practice burns permitted - Conditions
8.43.040 Violation - Penalties - Summary abatement 


CHAPTER 8.45 – EMERGENCY PRE-EMPTION EQUIPMENT
8.45.010 Traffic signals and gated communities and facilities - Emergency pre-emption equipment required


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TITLE 8 - HEALTH AND SAFETY

CHAPTER 8.04 – GARBAGE REGULATIONS

For statutory provisions restricting local authority in area of solid waste control, see ORS 459.095.

Legislative History:   Ord 1371(1975); Ord 1482 (1980); Ord 1562 (1985); Ord 1725 (1997); Ord 1815 (2001); Ord 1818 (2001); Ord. 1831 (2002); Ord. 1970 (2009)

SECTIONS:
8.04.010  Grant of Non Exclusive Franchise
8.04.020  Definitions
8.04.030  Compliance with State Laws
8.04.040  Franchise Required
8.04.050  Franchise   Application and Franchise Fee; Granting and Transfer of Franchises
8.04.060  Facilities and Records of Franchisee
8.04.070  Insurance
8.04.080  Hold Harmless
8.04.090  Service Requirements - Generally
8.04.100  Recycling Requirements
8.04.110  Recycling Notification and Education
8.04.120  Rates and Charges
8.04.130  Suspension, Modification or Revocation of Franchise
8.04.140  Preventing Interruption of Service
8.04.150  Termination of Service
8.04.160  Submerged Containers Prohibited
8.04.170  Container Specifications
8.04.180  Solid Waste Disposal and Storage
8.04.190  Vehicle Requirements for Haulers
8.04.200  Multi-Family Housing - Participation Required in Recycling Collection Service
8.04.210  Illegal Dumping into Municipal Containers
8.04.220  Complaint Procedure
8.04.230  Violations

        
8.04.010  Grant of Non Exclusive Franchise.

A. The City hereby grants to Waste Connections of Oregon, Inc., an Oregon Corporation, dba Hood River Garbage Service and Hood River Recycling and Transfer Service, a non exclusive right, privilege and franchise to operate and conduct a collection service within the service area, subject to the terms and conditions contained herein.

B. A franchise to a person other than Waste Connections of Oregon, Inc., shall be granted only after the Council determines that a need for the service exists.

8.04.020 Definitions.  The following terms shall have the meaning given them by ORS 459.005 and OAR 340-90-010:  “collection Service:, “Recyclable material”, “Energy recovery”, “Material Recovery”, “Recycling”, “Reuse”, “Source separate” , “Solid Waste Management” and “Yard debris”.  The term “Opportunity to recycle” shall be defined by ORS 459A.005 and the applicable regulations.

“City” shall mean the City of Hood River.

"Collectible solid waste" shall mean solid waste collected and hauled by a franchisee, including special wastes in a limited quantity, but does not include sewage sludge, septic tank and cesspool pumpings or other sludge; discarded or abandoned vehicles or parts thereof; manure, vegetable or animal solid and semisolid wastes; hazardous wastes as defined in ORS 466.005; and materials used for fertilizer or for other productive purposes or which are salvageable as such materials are used on land in agricultural operations and the growing or harvesting of crops and the raising of animals.

“Council” shall mean the City Council of the City of Hood River.

“Franchisee" shall mean a person who is granted a franchise pursuant to the provisions of this ordinance.

"Multi Family Housing" shall mean a dwelling of five (5) or more units.

“Hazardous Wastes” shall have that meaning in ORS Chapter 459; that meaning given by another governmental unit having jurisdiction; or waste found by the collector to be hazardous to its service providers, to service equipment or the public.

"Person" shall mean a public or private corporation, local government unit, public agency, individual, partnership, association, firm, trust, estate, or any other legal entity, and may include the plural if the context requires.

“Resource Recovery” shall mean the process of obtaining useful material or energy resources from solid waste, including energy recovery, materials recovery, recycling or reuse of solid waste.

“Service” shall mean the collection, transportation, reuse, recycling or other resource recovery from or disposal of solid waste.

“Service Area” shall mean the City and any area annexed hereafter.

“Solid waste" shall mean all putrescible and nonputrescible wastes, including, but not limited to, garbage, rubbish, refuse, ashes, waste paper and cardboard; sewage sludge, septic tank and cesspool pumpings or other sludge; commercial, industrial, demolition and construction wastes; discarded or abandoned vehicles or parts thereof; discarded home and industrial appliances; manure, vegetable or animal solid and semisolid material, dead animals, infectious waste as defined in ORS 459.386; but the term does not include:
1. Hazardous waste as defined in ORS 466.005.
2. Material used for fertilizer or for other productive purposes or which are salvageable as such materials are used on land in agricultural operations and the growing or harvesting of crops and the raising of animals.

"Yard debris" shall mean tree trimmings less than six (6) inches in diameter, prunings, shrubbery, and other similar material.

8.040.030 Compliance with State Laws.  All franchisees shall comply with all applicable statutes and administrative regulations concerning the collection, storage, and disposal of collectible solid waste and recyclable material enacted by the State or Oregon.  In the event the State statutes or regulations impose duties upon collectors which are in addition to or different from the duties imposed by this ordinance, the Sate statutes and regulations shall be fully complied with.

8.04.040 Franchise Required. It shall be unlawful for any person to provide a collection service upon the streets and public ways of the City, without having first obtained a franchise as hereinafter provided, except under the following circumstances:
1. Non profit religious, charitable, youth, community service, or other benevolent organizations shall be exempt from the requirements of this section 8.04.040 when collecting recyclable materials for fund raising purposes. Any collection of recyclable materials by such organizations shall be carried out in a manner which will assure the recyclable materials are transported in a secure manner to prevent littering of the streets and highways of the City and adjoining areas.
2. Any person may transport collectible solid waste produced by the person or recyclable material produced by the person upon the streets of the City without procuring a franchise therefore and without complying with the regulations imposed upon collectors under this ordinance; provided that such collectible solid waste material or recyclable material must be hauled in such a manner as to prevent leakage or litter upon the streets, and must be transported directly to an authorized disposal site or transfer station. The manner and place of disposal shall be as designated by the person or persons in charge of the disposal site or the transfer station.
3. Recyclable material or collectible solid waste transported by employees of the City, while on duty.
4. The collection, transportation or redemption of returnable beverage containers under ORS Chapter 459A and that portion thereof commonly known as the bottle Bill.

8.04.050 Franchise - Application and Franchise Fee; Granting and Transfer of Franchises.

A.  Any person desiring to provide a collection service shall apply to the City for a franchise on a form provided by the City.  Attachments required by the form shall be included with the application form.  The application shall be accompanied by a non-refundable application fee in an amount set by Council resolution.
1. The franchisee shall pay a franchise fee in an amount set by resolution of the Council. The fee shall be payable on either a quarterly basis, on the fifteenth days of April, July, October, and January of each year, or on a monthly basis by the 20th of each month, at the option of the franchisee. The amount of the annual franchise fee shall be reviewed on an annual basis, and may be increased upon the Council's determination that an increase is in the public interest.
2. All solid waste collected by a franchisee within the City for processing and/or disposal shall be delivered to the transfer station operated by Hood River Garbage Company with ultimate disposal at the Wasco County Landfill, or directly to the Wasco County Landfill.
3.  The City Council may increase or limit the number of franchises which may be in effect at any given time, to protect the public health and welfare, and ensure the ability of existing franchisees to operate in an efficient and successful manner. Franchises shall be transferable only upon the express approval of the transferee by the City Council.
4. The franchise shall not take effect until the franchisee has filed with the City Recorder a written acceptance of the franchise.
5. A franchise granted by the City shall be for a continuing five (5) year term from and after the issuance date. Unless the franchisee notifies the City in writing thirty (30) days prior to the annual anniversary of the issuance date of its election not to extend the franchise, the franchise shall automatically extend an additional five (5) years on the same terms and conditions as provided in this ordinance, as it may from time to time be amended.
a. Upon delivery of the notice required in subsection (4) above, the remaining term for the franchise shall be for a period of four (4) years from the anniversary of the issuance date of that year.
b. The City may elect not to extend a franchise by written notice to the franchisee ninety (90) days prior to the anniversary of the issuance date, in which case, the franchisee shall have a flat term of four (4) years remaining following the anniversary of the issuance date.

8.04.060 Facilities and Records Of Franchisee.

A. Franchisee shall, at reasonable times, permit inspection of its facilities, equipment and personnel providing service.

B. Franchisee shall maintain a proper set of books or records of account in accordance with sound accounting principles and practices applicable in the industry. The books and records shall show:
1. An accurate reflection of income and expenses from service provided pursuant to the license and/or franchise, and financial condition of the licensee or franchisee;
2. Address of each recipient of the service;
3. Dates of service;
4. Types of service provided, including, but not limited to, collectible solid waste service and/or recyclable material service;
5. Rates charged for each service.

C.  If the franchisee operates an integrated collection and disposal system serving the City of Hood River and adjacent areas, the records shall reflect the income, expenses and financial conditions of the integrated operation. The books and records shall be open to the inspection of the Finance Director or the Director's authorized designee at all reasonable times.

D.  On or before March 31, of each year, all franchisees shall file a sworn statement with the City Recorder summarizing the income, expenses and financial condition of the franchisee as reflected in the books and records described above. The release of any financial information contained in such statement shall be governed by OAR 340 90 120 and applicable state law.

E. Franchisee shall keep records of the information required to be reported under OAR 340 90 100 and shall assist Hood River County in complying with the reporting requirements therein.

8.04.070 Insurance. Before beginning to operate the service, franchisee shall procure, and during the term of the franchise, the franchisee shall continue to carry comprehensive general liability insurance in a responsible company with a combined single limit of not less than $500,000.00 for bodily injury/property damage, or in the higher amounts as may hereafter be required by the City up to amounts established as municipalities' limits of liability under ORS 30.270 or any similar statute in effect hereafter. The policy or policies of insurance shall name the City as an additional insured and the franchisee shall file evidence of such insurance with the City Recorder. The policy or policies shall be without prejudice to other existing coverage and shall provide that the City shall be given thirty (30) days advance written notice if a policy's limits are reduced or if a policy is terminated or altered.

8.04.080 Hold Harmless. Each franchisee shall hold harmless the City, its officials, agents and employees, and shall indemnify the City, its officials, agents and employees for any claims of injury to property or person that may arise as a result of any activity carried on by the collector.

8.04.090 Service Requirements - Generally.

A. Franchisees shall provide sufficient collection vehicles, containers, facilities, personnel and finances to provide service or subcontract with others, if prior consent to do so is given by the Council, and to provide such service pursuant to the terms and conditions of this ordinance.

B. Franchisees shall furnish and maintain at its own expense, or by contract, an authorized disposal site for collectible solid waste and/or recyclable materials. Consent of counsel is not required in this subsection.

C. Franchisees shall transport collectible solid waste and/or recyclable materials in compliance with all applicable state laws and regulations governing collection, loading and transport of collectible solid waste.

D. Franchisees shall respond to any written complaint on service in accordance with the collector's complaint procedure policies.

E. Franchisees shall respond to all calls for service within a reasonable period of time, in addition to providing regular service. Franchisees shall provide weekly residential collection service and service to commercial, industrial and governmental entities at least once per week. Additional service shall be provided if necessary to prevent the creation of a nuisance or health hazard.

8.04.100 Recycling Requirements. The following requirements are intended to comply with the opportunity to recycle requirements set forth in ORS 459A.005, et seq., and the applicable regulations. Franchisee acknowledges that failure to meet or comply with the recycling requirements may result in a penalty against the City. Franchisee shall pay any such penalty if the reason the penalty was imposed was due to any non¬compliance by franchisee of the provisions of Sections 8.04.100 and 8.04.110.

A. Franchisees shall provide all residential customers with curbside recyclable material service on the same day and with the same frequency that collectible solid waste is collected from those customers. At least one durable container for use in curbside recyclable material service shall be provided by the collector to each residential service customer.
1. At a minimum, the franchisee shall pick up the following recyclable materials: newspaper, ferrous scrap metal, non ferrous scrap metal, used motor oil, corrugated cardboard and kraft paper, aluminum, container glass, hi grade office paper and tin cans.

B. Franchisees shall provide all commercial customers and all multi family housing customers regular on site collection service of at least the following four (4) recyclable materials: newspaper, container glass, tin cans, and corrugated cardboard and kraft paper. The franchisee shall provide durable containers sufficiently sized to accommodate customer recyclable material needs and shall provide regular collection service consisting, at a minimum, of two monthly collections. Multi family collection shall also include promotion and education directed to the residents of the multi family dwelling units. This promotion and education requirement may be met by providing the notices specified in Section 8.04.110 directly to the residents.

C. Franchisee shall operate one or more authorized recycling drop stations where the public may dispose of recyclable materials. Franchisee shall provide at least one of those stations within three (3) miles of City limits. Nothing in this ordinance prevents more than one franchisee sharing a drop station. Written information shall be available at each drop station for distribution to the public containing the following information:
a. Reasons why people should recycle;
b. List of recyclable materials; and
c. Instruction for the preparation of recyclable materials.
1. Franchisee shall provide separate secure containers for paper, cardboard, metals, glass, petroleum products and such other materials as the City or State of Oregon shall designate
2. The containers shall be maintained in an aesthetically pleasing manner, painted and shall be monitored by the collector to ensure the containers are not filled to such a capacity that additional material is piled in the area of the container. Franchisee may provide containers for recyclable material on any property accessible to the public with the permission of the property owner, or designated person in charge of the property.

D.  At least twice per year, on a date or dates specified by the City, franchisee shall, at no additional charge to its customers or the City, collect residential yard debris for production of compost or other marketable products throughout the service area. The yard debris shall be prepared in accordance with HRMC Chapter 8.43. Franchisee shall also maintain one or more sites at which residents of the City may conveniently, at least once per week, and at no additional charge dispose of yard debris for the production of compost or other marketable products. Franchisee's promotional materials described in Section 8.04.110 below shall include information regarding yard debris disposal opportunities, including and promoting home comporting.

E. The franchisee may impose reasonable requirements for the preparation of recyclable materials for collection which relate to marketing, transportation, storage, or regulatory requirements and which shall be subject to approval by the City Manager prior to implementation.
1. The requirements for preparation shall provide that if a customer improperly prepares recyclable materials and the collector does not pick them up, the collector shall provide the service customer with written notice stating the reason. The written notice shall be on a form that is pre approved in accordance with Section 8.04.100(5). Franchisee shall not be required to pick up improperly prepared recyclable materials, but franchisee will make every effort to collect all recyclable materials and continue customer education.

F.  Franchisee shall provide any additional recycling or reuse service as designated by the Council as may now or hereafter be required by law, regulation or order, or by any recycling or reuse plan adopted by the Council.

 
8.04.110 Recycling Notification and Education.

A. Franchisees shall educate and inform customers with respect to reducing, reusing and recycling materials by providing:
1. Recycling notification and educational packets for all new residential, commercial and institutional collection service customers specifying, at a minimum, the following specific information:
a. Reasons why people should recycle;
b. Name, address and phone number of person providing collection service; and
c. Listing of depots for recyclable materials at all sites serving the service area, including the materials accepted and hours of operation.
2. Monthly notification on the franchisee's customer billing invoice of the availability of recycling at no additional charge to the customer and the means by which further information may be obtained from the franchisee;
3. Quarterly recycling information to all residential, commercial and institutional collection service customers that includes the information in Section 8.04.110 (l)(a).
4. Annually recycling information that includes information regarding the benefits of recycling, proper preparation of recyclable materials for collection, proper handling and disposal of special wastes (household hazardous wastes), and the amount of materials recycled during the past year;
5. Targeting at least one community or media event to promote recycling by providing notification and education materials regarding recycling; and
6. Disseminating information to as many customers as possible using a variety of materials and media formats.

On a quarterly basis, franchisee shall meet with the City Manager to review compliance under this subsection (1).

B. Franchisee shall file with the City Recorder any schedule it establishes to collect recyclable materials, designating collection date and frequency by area within the service area.

8.04.120 Rates And Charges.

A. Franchisee's rates for services shall be set by Resolution of the Council and only franchisees are required to charge rates under this Ordinance. The rates in effect at the time of passage of this Ordinance shall remain in effect until they are modified by the Council.

B. All rates shall be just and reasonable and adequate to provide the necessary collection service and shall comply with OAR 340 90 040 (3)(h).

C. In determining rates, the Council may consider, but is not limited to, the following factors:
1. Rates charged for collection service in other cities in Oregon;
2. The most recent January Consumer Price Index (CPI W);
3. Costs and revenues associated with providing the opportunity to recycle and the ability of a rate structure to encourage recycling;
4. A minimum rate sufficient to provide a reasonable rate of return;
5. The anticipated change in the cost of providing the service;
6. The need for equipment replacement and the need for additional equipment to meet service needs and to be in compliance with federal, state and local law;
7. Increase in population or increase of intensive development within the service area.

D. Franchisee shall obtain approval from the Council in the same manner as rates are established of proposed changes or additions to service not covered by current rates prior to offering the new service.

E. Once each year, either the City or the franchisee may initiate a rate change by providing sixty (60) days written notice of the change with accompanying justification of the proposed change.

8.04.130 Suspension Modification or Revocation of Franchise.

A. A franchisee's failure to comply with the provisions of this Ordinance shall be grounds for modification, suspension or revocation of the franchise, or other action as set forth below.
1. The City shall provide written notice to the franchisee of the grounds for modification, suspension, or revocation and the franchisee shall have not less than twenty (20) days from the date of mailing of the notice in which to comply or request a public hearing before the Council.
2. If the franchisee fails to comply within the period of time designated in the notice or the franchisee requests a hearing, a public hearing shall be held at which all interest persons shall have the opportunity to present oral, written or documentary evidence.
3. Upon making appropriate findings, the Council may suspend, modify or revoke the franchise or make such action contingent upon continued noncompliance, in addition to imposing any other penalties that may be imposed.

B. If in the opinion of the Council there is immediate and serious danger to the public through the creation of a health hazard as a result of the franchisee not complying with the terms of the Ordinance, the Council may take whatever action it deems appropriate within a time specified in a notice to the franchisee explaining the threat and the proposed action by the Council, and may dispense with a public hearing prior to taking such action. Franchisee shall reimburse the City for all expenses the City incurs in taking the action.

8.04.140 Preventing Interruption of service.

Whenever under Section 8.04.130, the Council determines that the failure of service or threatened failure of service would result in creation of an immediate and serious health hazard or serious public nuisance, the Council may, after a minimum of 24 hours actual notice to franchisee and a public hearing if franchisee requests it, authorize another person to temporarily provide the service or use and operate the land, facilities or equipment of the franchisee through leasing to provide emergency service.

The Council shall return any seized property and business upon abatement of the actual or threatened interruption of service.

8.04.150 Termination of Service.

Franchisee shall not terminate service to all or a portion of its customers unless:
1. The street or road access is blocked and there is no alternate route and provided that the City shall not be liable for any such blocking of access;
2. Excessive weather conditions render providing service unduly hazardous to persons providing service or such termination is caused by accidents or casualties caused by an act of God or a public enemy;
3. A customer has not paid for service provided after a regular billing and after a 15 day written notice to pay; or
4. Ninety days written notice is given to the Council and to affected customers and written approval is obtained from the Council.

8.04.160 Submerged Containers Prohibited.

The installation and use of submerged garbage or recycling containers is prohibited, as of the effective date of this ordinance. However, submerged containers in use prior to the effective date of this ordinance, may continue to be used subject to an additional charge to be set by resolution of the City Council. For the purpose of this section, a re-submerged container" is any container, the bottom of which is below the elevation of the surrounding surface including, but not limited to, containers located in a concrete, metal or earthen well.


8.04.170  Container Specifications.


A. Franchisees shall not be required to pick up collectible solid waste which, together with the container, weighs more than sixty (60) pounds.  This provision does not apply to collection from dumpsters or other large containers franchisee is capable of handling with mechanized equipment.
 
B. Solid waste collection containers (excluding recycling containers) shall be leak-proof, have one handle on each side of the container, and have a tight-fitting lid.  The owner of the container or the premises on which the container is stored for collection shall keep the container and place where the containers are stored in a sanitary condition.

8.04.180  Solid Waste Disposal and Storage.

A. All persons in the City shall dispose of all solid waste before the same shall have become offensive, and not create a nuisance by permitting any solid waste to accumulate on or about premises, and to dispose of solid waste in the manner prescribed by this ordinance by hauling or causing the same to be hauled to a disposal site or drop station authorized by the Oregon Department of Environmental Quality.

B. No person shall throw, scatter or dispose of solid waste, or cause solid waste to be thrown, scattered or disposed, except in accordance with this Chapter.

C. No person shall store solid waste or cause solid waste to be stored on premises owned or controlled by that person except as specified in this Section.

D.  No person shall place solid waste or any material in a solid waste storage container unless authorized by the owner of the container to do so. For purposes of this Section, the franchisee is the owner of any containers supplied by the franchisee.

8.04.190  Vehicle Requirements For Haulers.

It shall be unlawful for any franchisee to transport collectible solid waste in the City except in a vehicle which complies with State Department of Transportation requirements, is equipped with a covered, watertight and drip proof metal box with welded seams, and is thoroughly washed; provided, however, that non liquids and innocuous substances may be conveyed in suitable conveyances with provision against litter by having a covered waterproof and closable box. All vehicles of a licensee shall comply with all applicable local, state and federal vehicle regulations, and be equipped with a covered waterproof closable box.
8.04.200 Multi-Family Housing - Participation Required in Recycling Collection Service. 

All multi-family housing shall participate in and pay for recycling collection service.  The owner, manager or person in charge of the multi-family housing shall designate a person responsible for ensuring compliance with this provision by: 
A. Providing a location for the franchisee’s recycling containers that (1) is accessible to both the franchisee and residents of the multi-family housing unit; (2) is safe, clean and sanitary; (3) allows recycling containers to be stored and filled without upset or spilling;
B. Providing and maintaining conspicuous signage indicating the location of the recycling container location and conspicuous signage indicating what materials are recyclable and which container they go into; and
C. Communicating with the franchisee regarding residents’ concerns, complaints or comments with respect to the recycling service provided by franchisee.


8.04.210 Illegal Dumping into Municipal Containers. 

No person shall dispose of household solid waste into any municipally owned container unless the container is specifically designated for such use or the person is otherwise authorized to do so.


8.04.220 Complaint Procedure.

 

A. Any person having a complaint with respect to a franchisee’s solid waste collection service may submit the complaint in writing to the City Manager.  The City Manager shall immediately forward a copy of the complaint to the franchisee.  Within 10 days after the franchisee receives the complaint, the franchisee shall respond to the City Manager in writing responding to the complaint and, if applicable, setting forth how the franchisee intends to resolve the complaint.  The franchisee shall have 30 days from the date of its response to the City Manager to resolve the complaint, or a longer period of time if the complaint cannot be reasonable resolved within the 30 days period.
B. If the City Manager receives the same or similar complaint more than once during any six (6) month period, the franchisee shall meet with the City Manager to discuss the complaint and its resolution.  The City Manager shall set a reasonable period for franchisee to resolve the complaint.  If the franchisee does not thereafter resolve the complaint to the satisfaction of the City Manager, the franchisee shall be considered in noncompliance with the provisions of this Chapter, and the franchise may be modified, suspended, or revoked, or other action taken, in accordance with Section 8.04.130.

8.04.230 Violations.
 

 

Any person violating any of the terms of this ordinance shall, upon conviction thereof in the Municipal Court, or upon a plea of guilty before such Court, be subject to a fine not exceeding $2,500 or to imprisonment in the County jail for a period not to exceed one (1) year, or to both such fine and imprisonment, and for the costs of prosecution.

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CHAPTER 8.07 – UNLAWFUL VEHICULAR NOISE AND TRAIN HORNS

Sections:
8.07.010 Definitions
8.07.020 Excessive Vehicular Noise Prohibited
8.07.030 Exceptions to Acts Prohibited
8.07.040 Unlawful sounding of train horns
8.07.0450 Violation – Penalties


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8.07.010  Definitions.  For purposes of this Chapter, the following definitions shall apply unless the context requires a different meaning:

“Premises Open to the Public”: Street, road, highway, freeway, thoroughfare, parking lot, or other premises open to the general public for the use of motor vehicles, whether or not the premises are publicly or privately owned and whether or not a fee is charged for the use of the premises.

“Vehicle”: Any device in, upon, or by which any person, animal, or property is or may be transported or drawn upon the highway and includes vehicles that are propelled or powered by any means.

“Vehicular Noise”: Any sound produced by any vehicle while the vehicle is either in motion or stationary upon premises open to the public.
 
8.07.020 Excessive Vehicular Noise Prohibited.

A. Except as provided in subsection (B), it is unlawful for any person to operate any vehicle upon any premises open to the public if the vehicle is producing a vehicular noise in excess of 80 dB when measured in excess of fifty (50) feet from the vehicle producing the noise.

B. Vehicles of 10,000 pounds GCWR (Gross Combination Weight Rating) or more, engaged in interstate commerce as regulated by 40 C.F.R., part 202, (1986), shall not be operated upon any premises open to the public if the vehicle is producing a vehicular noise in excess of those limits set forth in OAR 340-035-030.

8.07.030 Exceptions to Acts Prohibited Under 8.07.020.

A. Vehicular noise created due to emergency action of the driver of the vehicle creating the noise in order to avoid imminent danger to persons or property.

B. Sounds caused by bona fide use of emergency warning devices and alarm systems.

C. Sounds caused by industrial, agricultural, or construction activities during the hours of 7:00 a.m. and 10:00 p.m. of the same day.


8.07.040 Unlawful Sounding of Train Horns
 
A. Except as otherwise permitted or required by federal or state law, the sounding or blowing of a train horn or whistle within the City is prohibited.


8.07.0450 Violation – Penalties.

A. A violation of this Chapter is a Class A infraction and shall be punished by a fine of not more than five hundred dollars.

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CHAPTER 8.08 - NUISANCES

* Ordinance history: Ord. 1872, 2005; Ords 839, 1289 and 1608.

Sections:
8.08.010  Definitions
8.08.020  Acts Constituting Nuisances
8.08.030  Specific Nuisances Designated
8.08.040  Permit Required for Certain Potential Nuisances
8.08.050  Abatement of Nuisance
8.08.060  Abatement by Person Responsible
8.08.070  Abatement by City
8.08.080  Assessment of Costs
8.08.090  Objection to Assessment of Costs
8.08.100  Assessment as Lien Against Property
8.08.110  Summary Abatement
8.08.120  Chronic Nuisance Property - Definitions
8.08.130  Notice of Chronic Nuisance Property
8.08.140  Burden of Proof, Defenses
8.08.150  Closure of Property; Civil Penalties
8.08.160  Enforcement Lien
8.08.170  Violation - Penalties

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8.08.010 Definitions.

“Owner” means any person having a legal or equitable interest in property.

"Person" means any individual, firm, company, association, partnership or corporation.

"Person in charge of property" means an agent, occupant, lessee, contract purchaser, or person other than an owner, having possession or control of the property.

"Person responsible" means the person responsible for abating a nuisance and shall include:
1. The owner;
2. The person in charge of property, as defined in this section;
3. In the case of sidewalks in the city, the owner as defined in Section 13.20.010;
4. The person who causes to come into or continue in existence a nuisance, as defined in Sections 8.08.020 and 8.08.030 or in any other City ordinance.

“Property” means any real property including land and that which is affixed, incidental or appurtenant to land, including, but not limited to , any premises, room, house, building or structure or any separate part or portion thereof, whether permanent or not.

8.08.020 Acts Constituting Nuisances.  A public nuisance is any act or omission which is determined by the Chief of Police, city manager or their designees, to be injurious or detrimental to the public health, safety or welfare of the residents of the city. 

8.08.030 Specific Nuisances Designated.  In addition to any act or omission determined to be a nuisance pursuant to Section 8.08.020, the following are declared to be a public nuisance:

A. To tolerate or permit the accumulation of any snow, ice, sleet, rainwater, gravel, garbage or other debris on any sidewalk for a period longer than twenty four hours;

B. To place any debris offensive to the public and allow the same to remain for a longer period than twelve hours upon any public street or public premises or any private premises;

C. To construct or maintain any structure upon any City owned premises without permission from the City;

D. To place upon any public thoroughfare any substance tending to mar the appearance or detract from the cleanliness or safety of such thoroughfare;

E. To place any part of an animal carcass or any other offensive substance into any stream, well, spring, brook, ditch, pond or other waters within the City;

F. To permit any portion of any premises to become or continue to be in a state which causes an offensive odor or unsanitary condition;

G. To create or permit any loud or disturbing noise;

H. To permit any machinery, equipment, structure or device of any kind which is likely to attract children without providing adequate safeguards;

I. To allow any pit, quarry, cistern, open well or excavation of any kind to exist on any premises without adequate safeguards;

J. To permit any weeds or dried grass of any kind to go to seed on any lot, block, premises or parking strip between the property boundary and curb line;

K. To permit any water from any ditch, canal, flume, reservoir, pipe or conduit, above or below the ground, to leak, seep, flow, overflow or run upon any public property and thereby endanger the public health, safety, welfare or convenience;

L. To place or allow on any public thoroughfare any article or structure which obstructs a public thoroughfare without first having a permit to do so from the city manager; provided, however, that this subsection shall not apply to goods or merchandise placed for less than five hours upon a public thoroughfare or public place in the process of delivery to or from any business or residence.  

8.08.040 Permit Required for Certain Potential Nuisances.

A. No person responsible shall permit any excavation or demolition or any alteration, erection or repair of any building other than between the hours of seven a.m. and seven p.m. unless a prior permit is issued by the City Manager or his designee.

B. No sound amplifying device may be utilized to broadcast music, news, speeches or any entertainment without a permit from the city manager or his designee.

C. All permits issued under this section shall clearly specify the date(s), time(s) and hour(s) that the permit is valid. 


8.08.050 Abatement of Nuisance.

A. Upon determination by the Chief of Police, city manager or their designees, that a nuisance exists, personal notice shall be given to the person responsible for property to abate the nuisance immediately.  If immediate abatement of the nuisance is not practical or if personal notice cannot be served on the person responsible, a notice shall be posted on the premises where the nuisance exists, directing the person responsible to abate the nuisance.

B. At the time of posting, notice shall be sent by registered mail, postage prepaid, to the person responsible at the person's last known address.

C. The notice to abate shall contain:
1. A description of the real property, by street address or otherwise, on which the nuisance exists;
2. A description of the nuisance;
3. A direction to abate the nuisance within five days from the date of the notice;
4. A statement that unless the nuisance is abated, the City may abate the nuisance and the cost of abatement will be charged to the person responsible;
5. A statement that the person responsible may protest the notice of abatement by giving written notice to the City Recorder within five days from the date of the notice.

D. If the person responsible is not the owner, an additional notice shall be sent to the owner stating that the cost of abatement not paid by the person responsible may be assessed to and become a lien against the property.

E. Upon completion of the posting and mailing, the person posting and mailing the notice shall execute and file a certificate with the City Recorder stating the date and place of the mailing and posting.

F. An error in the name or address of the owner or person responsible or the use of a name other than that of the owner or person responsible shall not make the notice void, and in such a case the posted notice shall be sufficient.

8.08.060 Abatement by Person Responsible.

A. Within five days after the posting and mailing of the notice as provided in Section 8.08.040, the person responsible shall remove the nuisance or provide written objection to the notice to abate with the City Recorder.  The written objection shall specify the basis for the objection.

B. A written objection to the notice to abate shall be referred to the Council as a part of the Council's regular agenda at the next scheduled Council meeting.  At the time set for consideration of the written objection to the notice to abate, the person protesting may appear and be heard by the Council, and the Council shall determine whether or not a nuisance in fact exists and whether or not the nuisance should be abated.  The determination shall be entered in the official minutes of the Council.  Council determination shall be required only after written notice of objection to the notice to abate has been filed with the City Recorder.

C. If the Council determines that a nuisance does in fact exist and should be abated, the person responsible shall, within five days after Council determination, abate the nuisance. 

8.08.070 Abatement by City.

A. If, within the time allowed, the nuisance has not been abated by the owner or person in charge of the property, the administrator may cause the nuisance to be abated.

B. The city employee or designee charged with abatement of the nuisance shall have the right at reasonable times to enter into or upon property to investigate or cause the removal of a nuisance.

C. The administrator shall keep an accurate record of the total cost of abatement which shall include any expenses incurred by the City in investigating and abating the nuisance, including total personnel services, costs, materials, and an additional charge of twenty percent for administrative overhead. 

8.08.080 Assessment of Costs.  Notice shall be sent to the owner and the person responsible stating:

A. The total cost of abatement;

B. That the total cost of abatement will be assessed against and become a lien on the property unless paid within thirty days from the date of notice of assessment of costs.

8.08.090 Objection to Assessment of Costs. 

A. If the owner or person responsible objects to the total cost of abatement, a notice of objection may be filed with the City Recorder not more than ten days from the date of the notice of assessment of costs.

B. Upon expiration of ten days after the date of the notice of assessment, the Council in the regular course of business shall hear any objections to the notice of assessment of costs.  The Council may amend the amount to be charged the person responsible for the total cost of abatement for good cause shown in the written notice of objection or at the hearing before the Council. 

8.08.100 Assessment as Lien Against Property.

A. If the total cost of abatement, as amended by the City Council, is not paid within thirty days from the date of notice of assessment, the Council shall assess the total cost of abatement as amended against the real property by resolution and shall enter the assessment resolution in the docket of City liens and record the same in the real property records of Hood River County.  From the date of filing the assessment resolution in the real property records of Hood River County, the assessment shall constitute a lien upon the real property from which the nuisance was removed or abated.

B. Interest shall accrue on the amount of the assessment at the rate of twelve percent per annum from the date the assessment is filed in the real property records of Hood River County.

C. The lien shall be enforced in the same manner as assessments for public improvements.

D. An error in the name of the owner or person responsible shall not void the assessment, nor shall a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against the property. 

8.08.110 Summary Abatement.  The procedure provided in Sections 8.08.040 to 8.08.090 is not exclusive, but is in addition to any other procedure provided by any other City ordinance or applicable state law.  The administrator, Chief of Police, building official, fire administrative officer, fire chief or their designees may proceed summarily to abate any nuisance which unmistakably exists and from which there is imminent danger to human life or property. 

8.08.120 Chronic Nuisance Property - Definitions.  For the purposes of Sections 8.08.120 through 8.08.170, the following words have the following meanings:

“Chronic Nuisance Property” means property upon which three or more of the following listed offenses occur during any 30 day period as a result of three separate factual incidents that have been independently investigated by any law enforcement agency:

1.  All felony drug offenses enumerated in ORS 475.992
2.  Assault as defined in ORS 163.160 through 163.185
3.  Disorderly conduct as defined in ORS 166.025 excluding subsection 1(b)
4.  Discharge of a firearm in violation of HRMC 9.36.020
5.  Unlawful furnishing or unlawful possession of alcoholic beverages to minors as defined in ORS 471.410(1) and (2) and ORS 471.430(1) and (2)
6.  Loud or disturbing noise in violation of HRMC Chapter 8.09

“Control” means the ability to regulate, restrain, dominate, counteract, or govern conduct that occurs on that property.

“Permit” means to suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing or omission of an act.

8.08.130 Notice of Chronic Nuisance Property. 

A. When the Chief of Police, or their designee, determines that property within the City of Hood River has become chronic nuisance property, the Chief of Police shall notify the owner in writing that the property has been determined to be chronic nuisance property subject to closure.

B. The notice shall contain the following information:
1. The street address and a legal description sufficient for identification of the property.
2. A statement that the Chief of Police, or their designee, has found the property to be chronic nuisance property with a concise description of the conditions leading to the finding.
3. A statement that the owner shall have the opportunity to respond to the notice, within 15 days from the date of the notice, describing what steps the owner has taken or will take to remedy the chronic nuisance on the property, or the property may be closed and penalties assessed.
4. If the owner’s response to the notice is not satisfactory to the Chief of Police, or if the owner does not respond, then the same notice shall be served on the owner and their agent, if known, and occupant, if different from the owner or agent, at least 10 days prior to the commencement of any judicial action against the property.  Service shall be by certified mail, return receipt requested, at the property, at the owner’s address as shown on the tax rolls, and to any other address that is believed to give the owner actual notice.
5. A copy of the notice shall be posted at the property at least 3 days prior to the commencement of any judicial action against the property.

C. The failure of the owner, agent or occupant to receive the notice described in this section does not invalidate or otherwise affect any proceedings under this Chapter.
  
D. After notice is provided, the Chief of Police may then authorize the city attorney to commence civil proceedings in a court of competent jurisdiction seeking closure of the chronic nuisance property, or any part thereof, the imposition of civil penalties against any or all of the owners of the property, and any other appropriate relief.

8.08.140 Burden of Proof, Defenses.

A. In an action seeking the closure of chronic nuisance property, the city has the initial burden of proof to show by a preponderance of the evidence that the property is chronic nuisance property.  If the City is seeking penalties under Section 8.08.150(  ), the City has the initial burden of proof to show by a preponderance of the evidence that the conditions of that section are satisfied.

B. It is a defense to an action seeking closure of chronic nuisance property that the owner of the property at the time(s) in question could not, in the exercise of reasonable care or diligence, determine that the property had become chronic nuisance property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the finding that the property is chronic nuisance property.

C. In establishing the amount of any civil penalty requested, the court may consider the following factors:
1. The actions taken by the owner(s) to mitigate or correct the problem at the property;
2. Whether the problem at the property was repeated or continuous;
3. The magnitude or gravity of the problem;
4. The cooperativeness of the owner with the city;
5. The cost to the city of investigating and handling the problem;
6. Any other factor the court deems relevant.

8.08.150  Closure of Property; Civil Penalties.

A. If the court determines property to be chronic nuisance property, the court may order that the property be closed and secured against all use and occupancy for a period of not less than 30, but not more than 180, days.  The court may employ any other remedy(s) it deems appropriate to abate the nuisance in addition to or instead of closure of the property.
1. If requested by the city, the court may authorize the city to physically close the property against use or occupancy if the owner fails to do so within the time specified in the court’s order.

B. In addition to the remedies provided in subsection (A) above, the court may impose upon the owner of the property a civil penalty in the amount of up to $250 per day, payable to the city, for each day the owner had actual knowledge that the property was chronic nuisance property and permitted the property to remain chronic nuisance property.  The owner is considered to have actual knowledge if notice was provided to the owner in accordance with Section 8.08.130.  The penalties shall be set forth as part of the court’s judgment.

C. If the property is an immediate threat to the public safety and/or welfare, the city may apply for and the court may order such interim relief as may be appropriate.  The court may order interim relief even if the city has not yet provided notice under Section 8.08.130.

8.08.160 Enforcement Lien.  If the City is authorized to close the property against use or occupancy by court order and the city does close the property, all reasonable costs incurred by the city to close the property shall be entered in a judgment against the owner, which judgment shall become a lien against the property.

A. The Police Department shall prepare a statement of costs and the city shall thereafter submit the statement to the court for review, and serve a copy on the owner.  If no objection is made within the period of time described in Oregon Rule of Civil Procedure 68, the costs shall be allowed and judgment entered against the owner.

8.08.170 Violation - Penalty.  Any person who causes to come in to or continue in existence a nuisance, shall be guilty of a violation and shall be punished by a fine of not less than fifty dollars and not more than five hundred dollars.


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CHAPTER 8.09 - NOISE CONTROL ORDINANCE

Sections:
8.09.010 Definitions
8.09.020  General
8.09.030  Acts Prohibited
8.09.040  Permits for Potential Noise Control Violations
8.09.050  Abatement of Noise
8.09.060  Exceptions to Acts Prohibited
8.09.070  Violation Penalties


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8.09.010 Definitions.  For the purpose of the Noise Control Ordinance the following mean:

Audio or Visual Equipment: Includes, but is not limited to compact  disc players, phonographs, radios, stereo systems, tape recorders, tape players, televisions, video cassette players, video cassette recorders, drums, electrical instruments.

Noise Sensitive Property: Real property normally used for sleeping, or normally used as schools, churches, hospitals or public libraries. Property used in industrial or agricultural activity is not noise sensitive property unless it meets the above criteria in more than an incidental manner.

Plainly Audible Sound:  Unambiguously communicated sound including:
1. spoken speech
2. music; or
3. mechanical or electronic noise.

Premises Open to the Public:  Street, parking lot, or other premises open to the general public for the use of motor vehicles, whether the premises are publicly or privately owned and whether or not a fee is charged for the use of the premises.

Public Right of Way:  The area between boundary lines of a street or other area dedicated to the public.

Residential Party:  A party held in a place of residence, which is a building regularly or intermittently occupied by a person for a dwelling, lodging, or sleeping purposes, whether or not the resident is actually present.

Sound Producing Source:  Anything that is capable of making sounds that can be measured by a sound level meter as provided in section 8.09.030. "Sound producing source" includes, but is not limited to, the following:
1. Air conditioning or heating units, heat pumps, refrigeration units (including those mounted on vehicles), and swimming pool or hot tub pumps;
2. Air horns, bells, or sirens;
3. Audio or visual equipment;
4. Domestic tools, including chain saws, electric drill, electric saws, hammers, lawn mowers, leaf/snow blowers, and similar tools;
5. Loudspeakers or public address system
6. Musical instruments;

7. Spoken speech
8. Vehicle engines or exhaust systems, other than regular traffic upon a highway, road or street;
9. Vehicle tires, when caused to squeal by excessive speed acceleration;
10. Residential parties in a place of residence that are plainly audible to noise sensitive properties that are not the source of the party.

Vehicle.  Any device in, upon, or by which any person, animal, or property is or may be transported or drawn upon the highway and includes vehicles that are propelled or powered by any means.

8.09.020 General.  Certain activities essential to the economic, social, political, educational, and technical advancements of the citizens of the city necessarily require the production of sound that may offend, disrupt, intrude, or otherwise create hardship among the citizenry. The time or manner of sound may constitute a hazard to the health, safety, welfare, and the quality of life of residents of the city. Generally the city will limit and regulate sound deemed to be harmful to the health, safety, welfare, and quality of life of the citizens of the city, and this Ordinance shall be liberally construed to effectuate that purpose.

8.09.030 Acts Prohibited.  No person may produce or permit to be produced, with a sound producing source, sound that:

1. When measured at or within the boundary of noise sensitive property and where that noise sensitive property is not the source of the sound and the noise measurement:
a. exceeds 50 dBA at any time between 10:00 p.m. and 7:00 a.m. the following day;       or
b. exceeds 60 dBA at any time between 7:00 a.m. and 10:00 p.m. the same day; or
c. is plainly audible at any time between 7:00 a.m. and 10:00 p.m. the same day at a distance of at least 100 feet from the source of the sound;
d. conduct any construction, excavation or demolition prior to 7:00 am or after 7:00 p.m. (refer to section 8. 09.040)
2. Is plainly audible at any time between 10:00 p.m. and 7:00 a.m. the following day:
a. within the boundaries of noise sensitive property that is not the source of the sound; or
b. on a public right of way at a distance of at least 50 feet from the source of the sound. (Ord. 1708, 1994)
  
8.09.040  Permits for Potential Noise Control Violations.  Permits may be issued by the Council, or designee for acts prohibited by section 8.09.030 to allow construction, excavation or demolition, or the use of sound amplifying device(s) to broadcast music, news, speeches, or  entertainment provided that the council or designee determines that the permitted sound will not unduly offend or disrupt the public peace or welfare. The permit shall clearly specify the permitted location(s), type of event.  Failure to comply with the permit provisions shall constitute a violation of this ordinance. The permit shall be promptly revoked if the permittee fails to comply with all of its terms.

8.09.050  Abatement of Noise.

A. Upon determination by the City Manager, Chief of Police or their designee's, that a noise violation exists, personal notice shall be given to person(s) responsible for or in control of the sound source creating the violation, to abate the noise immediately. When notification of a noise violation is issued, abatement of that violation must be time specific. Violation that can be corrected at the time notification is given shall be corrected upon receipt on the notice. When notice of a violation(s) is given and abatement would require specialized equipment, sound proofing, professional services, etc then a reasonable time to abate the noise shall be given.
 
B. Failure to abate the noise after personal notice is given will cause a citation to be issued to person(s) responsible for or in control of the sound source creating the violation.

C. Failure to abate the noise after a citation has been issued may cause the sound source to be impounded. Impoundments must be reasonable and based on a reasonable belief that the sound source will likely be used to persist in causing additional or continued violations of the Noise Ordinance. Promptly, upon impoundment of a sound source notice shall be given to all persons with an interest in the sound source, of the impoundment and a hearing on the impoundment shall be scheduled before the Municipal Court Judge. If the Municipal Court Judge is satisfied that it is unlikely that further violation of this ordinance will be effectuated through use of the impounded sound source sound source, the sound source will be returned to the owner following the hearing. If the Court is not satisfied, impoundment shall continue until a hearing on the noise violation, at which time the sound source shall be made available to the owner upon payment of the fee owed for impoundment.

If any sound source is not released to its owner on payment of impoundment fees, or as otherwise provided herein, the sound source may be forfeited to the City, in the discretion of the Municipal Court Judge, following notice and opportunity for a hearing.

D. The court, upon a finding of Guilty, shall impose a fee for storage of an impounded sound source based on the total number of days the property was impounded at a rate of $5.00 per day following the date scheduled for a hearing to contest the impoundment. Failure to pay for the storage and claim the property within 60 days after the Court ruling of Guilty, will cause the City to request the Municipal Court to forfeit said property, after notice and opportunity for a hearing. Notice of hearings shall be given to all parties with interest in the impounded property 80 that they may appear and protest the forfeiture.

8.09.060 Exceptions to Acts Prohibited Under 8.09.030.
 
A. Sounds caused by organized athletic or other group activities, when such activities are conducted on property generally used for such purpose, such as stadiums, parks, schools, churches, and athletic fields. This exception shall not impair the City Manager, Chief of Police or their designee the authority to declare such event or activity in violation of other laws, ordinances or regulations.

B. Sounds caused by emergency work, or by the ordinary and accepted use of emergency equipment, vehicles, and apparatus, regardless of whether such work is performed by public or private agency, or upon public or private property.
 
C. Sounds caused by bona fide use of emergency warning devices and alarm systems.

D. Sounds regulated by federal law, including, but not limited to, sounds caused by railroads, aircraft, or commercially licensed watercraft operations.

E. Sounds when preformed under a permit issued by the appropriate governmental authorities and only between the times permitted.
 
F. Sounds caused by industrial, agricultural, or construction activities during the hours of 7:00 a.m. and 10:00 p.m. of the same day.

G. Sounds caused by regular vehicular traffic upon premises open to the public.

H. Sounds caused by domestic tools during the hours of 7:00 a.m. and 7:00 p.m. of the same day.

I. Sounds which are not subject to regulation due to provisions of the constitution of the United States, or State of Oregon.

8.09.070 Violation Penalties.  A violation of the Noise Control Ordinance is a Class A infraction and shall be punished by a fine of not less than fifty dollars and not more than five hundred dollars.




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CHAPTER 8.10 – GRAFFITI ABATEMENT

History: Ord. 1765, 1999

Sections:
8.10.010 Declaration of Nuisance
8.10.202 Definitions
8.10.030 Notice Requesting Removal
8.10.040 Abatement of Graffiti Property
8.10.050 Appeal
8.10.060 Removal by City – Lien for Expenses
8.10.070 Graffiti Removal Consent
8.10 080 Violation – Penalty




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8.10.010  Declaration of Nuisance.

A. Graffiti is a problem in many areas of the City of Hood River.  The existence of graffiti causes damage to the public by creating blight, marring the City’s visual attractiveness, adversely affecting the quality of life for the City’s citizens and discrediting the City’s reputation for livability.  Graffiti is a public nuisance and destructive of the rights of property owners and of the entire community.  When graffiti is allowed to remain on property and not promptly removed, it invites more graffiti and criminal activity.

B. The City has a substantial and compelling interest to prevent and abate the application of graffiti so that the damage and visual blight caused by graffiti is prevented or eliminated.

C. The welfare of the citizens of the City will be served by declaring the existence of graffiti to be a nuisance and to provide for its prompt removal.

8.10.020  Definitions.  As used in this Chapter, the following words or phrases shall have the following meanings:

“Graffiti” means any unauthorized markings applied or made to property regardless of the content, nature of the material used in the commission of the act, or nature of the property.
“Graffiti Property” means property upon which graffiti has been applied, if the graffiti is visible from any public right of way, any premises open to the public, or other publicly owned property.
“Owner” means any person, agent, firm or corporation having a legal or equitable interest in property.  Owner includes a mortgagor in possession who has all or part of the legal title to the property or all or part of the beneficial ownership and right to present use and enjoyment of the property or premises.  Owner also includes an occupant who has control over the property or premises, including state and political subdivisions of the state, school districts and special districts.
 
“Permit” means to knowingly suffer, allow, or acquiesce by any failure, refusal or neglect to abate.

“Property” means any real or personal property and that which is affixed, incident or appurtenant to real property, including any premise, house, building, fence, structure, or any separate part thereof, whether permanent or not.
“Unauthorized” means without the consent of the owner. 

8.10.030 Notice Requesting Removal.  Whenever it has been determined that graffiti property exists, written notice shall be sent to the property owner requesting prompt removal of the graffiti. If the property owner does not respond within the time requested, the City may pursue abatement as provided in this chapter.

8.10.040  Abatement of Graffiti Property.

A. Upon a determination that graffiti is not being or will not be removed as requested, the City may issue an abatement notice.
B. The abatement notice shall be served upon the owner of the graffiti property and upon the occupant, if the occupant is different from the owner.  Service may be by personal service or by certified return receipt mail to the last known address of the owner or occupant.  If service is made by mail or if the whereabouts or address of the owner or occupant cannot be ascertained with reasonable diligence, the notice shall be posted on the graffiti property.  The failure of any occupant or owner to receive actual notice shall not invalidate or otherwise affect the proceedings under this chapter.
C. The abatement notice shall contain the following information:
1. The street address or a description sufficient for identification of the graffiti property.
2. A statement as to why the property is graffiti property.
3. A statement that the graffiti must be removed within ten (10) days of the date the abatement notice was personally served, mailed or posted.  That in the alternative, the owner may, within the ten (10) day period, give the City written permission to enter the property and remove the graffiti at the owner’s expense, if the City agrees to undertake the removal.
4. A statement that if, within the ten (10) day period, the graffiti is not removed or if permission is not given to the City to remove the graffiti, the City may, in the City’s sole discretion, enter the property and remove the graffiti or employ any other remedy deemed by it to be appropriate to abate the nuisance.
5. A statement that if the City removes the graffiti, with or without the permission of the owner, that the owner shall reimburse the City for its expenses, including total personnel services, costs, materials and an additional charge of 25% for administrative overhead.
6. A statement that any expenses of abatement incurred by the City shall be assessed against and become a lien on the property unless paid within thirty (30) days from the date of notice of assessment of the expenses.
7. A statement that any owner who, within the ten (10) day period, fails to remove graffiti or to reach an agreement with the City to enter the property and remove graffiti, may be subject to prosecution for a violation, punishable by a fine of not less than fifty dollars and not more than two hundred fifty dollars per day.
8. A statement that the abatement notice may be appealed to the City Council within the ten (10) day period by filing a written objection with the City Recorder specifying the basis for the appeal.

8.10.050  Appeal. 
A. The owner or owner’s authorized representative may appeal the abatement notice to the City Council within the ten (10) day period by filing a written objection with the City Recorder specifying the basis for the appeal.  The appeal shall be heard at the next regularly scheduled meeting of the Council, or as soon as practicable thereafter. If the City Council finds that the property is graffiti property and that notice was given as provided in this Chapter, the City Council shall specify when and under what conditions the graffiti shall be removed.
B. The owner or owner’s authorized representative shall have the right to appeal the amount of any assessment for the cost of abatement by the City, within ten (10) days of the notice of assessment.  The appeal shall be in writing filed with the City Recorder, and shall specify the basis for objection to the amount of the assessment. The appeal shall be heard at the next regularly scheduled meeting of the Council, or as soon as practicable thereafter.

8.10.060 Removal by City – Lien for Expenses; City Not Liable for Damage.


A.  If the owner fails to remove graffiti pursuant to an abatement notice and the City causes the graffiti to be removed, or if the City removes the graffiti pursuant to written consent given by the owner or authorized representative, the City shall assess the owner for its expenses, including total personnel services, costs, materials and an additional charge of 25% for administrative overhead. The City’s expenses shall be assessed against and become a lien on the subject property unless paid within thirty (30) days from the date of notice of assessment of the expenses.
B. Except in the case of the City’s negligence, including the negligence of its employees, agents, and contractors, the City and its employees, agents, and contractors shall not be liable for any and all loss, claim or damages arising from, or related to, the acts or omissions of the City, its employees, agents and contractors, in connection with the removal of the graffiti from the graffiti property.

8.10.070 Graffiti Removal Consent.  The City shall make a form for consent to remove graffiti available to property owners or their authorized representatives.  Any owner may request and sign a consent form for allowing graffiti removal.  If the person signing the consent form, or any other written consent, is not the owner of the property, proof of authorization from the owner to sign the consent form shall be provided.

8.10.080 Violation - Penalty.  It shall be unlawful for any person to permit graffiti property in contravention of an abatement notice. A person commits the offense of permitting graffiti nuisance property if that person is the owner of any graffiti nuisance property in the City and fails to remove any graffiti from the property within ten (10) days of the date the abatement notice was personally served, mailed or posted. The offense shall be punishable by a fine of not less than fifty dollars and not more than two hundred fifty dollars per day.

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CHAPTER 8.12 - PEST CONTROL

Sections:
8.12.010 Fly-producing conditions - Prohibited - Designated
8.12.020 Fly-producing conditions - Abatement procedure
8.12.030 Fly-producing conditions - Violation - Penalty


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8.12.010 Fly Producing Conditions - Prohibited - Designated.  It is unlawful for any person, firm or corporation to suffer or permit to have upon their premises, whether owned or leased by them, any one or more of the following unsanitary fly producing, disease causing conditions:

A. Animal manure in any quantity which is not securely protected from flies;

B. Privies, vaults, cesspools, pits, or like places which are not securely protected from flies;

C. Garbage in any quantity which is not securely protected from flies;

D. Trash, litter, rags or anything whatsoever in which flies may breed or multiply. 

8.12.020 Fly Producing Conditions  Abatement Procedure.  It shall be the duty of any police or health officer, upon learning in any way whatsoever of the existence of one or more of the unlawful conditions described in Section 8.12 .010, to notify the offender in writing to remove or abate such unlawful conditions, stating the shortest reasonable time for such removal or abatement.  In the event of the refusal or neglect on the part of the notified offender to obey such order, the chief of police shall, and he is authorized and directed to do so, forthwith remove and abate such unlawful conditions; and he shall keep an accurate account of the cost and expenses thereof, which shall be paid from the city treasury, and such cost and expenses may be recovered from such offender at the action of the city in any court of competent jurisdiction, or the amount thereof may be, by ordinance of the council, declared a lien, as and for the cost and expenses in the abatement of a nuisance, against the property from and upon which such unlawful condition was so removed and abated.  (Ord. 497 §2, 1914)

8.12.030 Fly Producing Conditions - Violation - Penalty. Any person, firm or corporation found guilty of having created or suffered to exist on premises either owned or leased by him any one or more of the unlawful conditions named in Section 8.12.010 shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars.

CHAPTER 8.14 – VACANT AND ABANDONED COMMERCIAL PROPERTY

Sections:
8.14.010 Purpose
8.14.020 Definitions
8.14.030 Applicability
8.14.040 Maintenance and Security Requirements
8.14.050 Enforcement

8.14.010 Purpose.  The purpose of this Chapter is to establish an enforcement program for abandoned and vacant commercial buildings and property.  The program is intended to protect the City’s commercial areas from blight, deterioration and decay as a result of the lack of adequate maintenance and/or security of abandoned and vacant commercial buildings and property; and to protect the public health, safety and general welfare of the residents of the City.
8.14.020 Definitions.  For the purposes of this Chapter, the following words, terms and phrases have the following meanings:
“Code Enforcement Officer” is the person designated by the Chief of Police responsible for enforcement of the City’s civil Code.
 “Commercial property” or “commercial building” is any improved real property or portion thereof that is designated or permitted to be used for commercial, retail, business, or professional purposes, whether or not it is legally permitted and/or zoned for such use.
“Evidence of vacancy” is any condition that on its own or combined with other conditions present would lead a reasonable person to believe that a property or building is vacant.  Such conditions include, but are not limited to, overgrown and/or dead vegetation, accumulation of newspapers, circulars and/or flyers, disconnected utilities, accumulation of trash, junk and/or debris, broken or boarded up windows and/or doors, the absence of merchandise consistent with retail sale, and statements by neighbors or government employees that the property or building is vacant.
“Owner” means any person, co-partnership, association, corporation or fiduciary having a legal or equitable title or any interest in any real property.
 “Vacant” means a property or building that appears to be empty of furnishings and/or merchandise and not otherwise occupied.  A property or building may be considered vacant based solely on evidence of vacancy.

8.14.030 Applicability.  This Chapter applies only to commercial property and commercial buildings.


8.14.040 Maintenance and Security Requirements.

A. The owner of a vacant property and/or building is responsible for keeping the same free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, earth products,, any accumulation of newspapers, circulars or flyers, discarded items including but not limited to furniture, clothing, appliances or any other items that give the appearance that the property or building is vacant.
B. The owner(s) of a vacant property and/or building is responsible for maintaining existing landscaping and landscaping required as a condition of a permit and shall not permit the landscaping to become overgrown or die.  If the landscaping becomes overgrown or dies, the owner is responsible for replacing the previously existing landscaping in accordance with any enforcement notice issued under Section 8.14.060.  Landscaping includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges, trees or other similar plantings.  Landscaping does not include weeds, dead or overgrown vegetation, broken paving or curbing, decomposed plastic sheeting, or any similar material.

C. The owner of a vacant property and/or building shall secure the same so that it is not to accessible to unauthorized persons, including but not limited to the closure and locking of windows and doors (walk through, sliding and garage) and any other opening of such size that may allow a child to access the interior of a structure; chaining or padlocking gates, and repairing fencing.  Broken windows shall be secured by means of reglazing with undamaged glass or other permanent material, and not by cardboard, plywood or other temporary means except as necessary temporarily for not more than 10 business days while awaiting reglazing.
D. If the owner of the property or building is an entity or does not reside within 50 miles of the City limits, the owner shall contract with a person to provide property management to perform weekly inspections to verify that all requirements of this ordinance, enforcement notice, and any other applicable laws are being met.  The property shall be posted with name and 24-hour contact phone number of the local property management representative.  The posting shall be no less than 18” X 24” and shall be of a font that is legible from a distance of forty-five (45) feet and shall contain the words “THIS PROPERTY MANAGED BY” and “TO REPORT PROBLEMS OR CONCERNS CALL”.  The posting shall be secured to the exterior of the building or placed in a location on the property so it is visible from the street.

8.14.050 Enforcement.

A. Upon determination by the Code Enforcement Officer that a property or building
is not in compliance with this Chapter, the Code Enforcement Officer shall give notice by personal service or certified mail upon any person responsible for the property or building.  The notice shall specify the nature of the violation, action necessary to correct it, and a compliance date. 
B. The Code Enforcement Officer has the authority to require any maintenance or security measures not listed above considered appropriate to correct the violation, such as securing any/all door, window, or other openings, installing security lighting, increasing on-site inspection frequency, employment of an on-site security guard or other measure as may be reasonably require to arrest the decline of the property or building.
C. If, within the time allowed by the notice, the violations have not been corrected, the City may declare the property or building a nuisance and abate the same in accordance with Chapter 8.08 and cause the costs of abatement to become a lien against the property and/or building.
D. Violation of this Chapter is punishable by a fine not to exceed $500 per violation per day. 


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CHAPTER 8.15 - SINGLE-USE PLASTIC CARRYOUT BAGS

Legislative History:   Ord 2030 (2016)

Sections:
8.14.010 Purpose
8.14.020 Definitions
8.14.030 Supervision and Enfocement by the City Manager
8.14.040 Retail Bag Regulations 
8.14.050 Enforcement and penalties

8.15.010 - Purpose.  The purposes of this Chapter include the following:

1. To reduce the amount of environmental pollution by a particularly pernicious form of litter – the single-use plastic bag – and to reduce the amount of raw material and energy consumed in the manufacture and disposal of single-use plastic and craft paper bags for retail shopping;

2. To reduce plastic bag contamination of yard debris, household compost, waste paper recycling and other waste recovery streams and thereby reduce the damage to sorting and processing machinery that impedes resource recovery and recycling;

3. To reduce the significant amounts of raw material and energy used in the manufacture, waste collection, and disposal of single-use plastic and paper craft bags that people obtain from retail establishments for day-to-day retail shopping; and

4. To encourage the use of reusable bags by consumers for all day-to-day retail shopping.

8.15.020 - Definitions.  The following terms shall have the indicated meanings as used in this Chapter, unless the context indicates otherwise.

1. “ASTM Standard” means the current American Society for Testing and Materials (ASTM)'s International D-6400.

2. “Barrel size paper bag” means a paper carryout bag with approximate dimensions of 12 inches wide × 7 inches deep × 13-18 inches tall or a capacity of 1,100 to 1,600 cubic inches.

3. “City” means the City of Hood River, Oregon.

4. “City Manager” means the City Manager for the City of Hood River or the City Manager's designee acting under his or her direction.

5. “Recyclable Paper Bag” means a paper bag that meets all of the following requirements:
a)  Is 100% recyclable and contains a minimum of 40% post-consumer recycled content;
b)  Is capable of composting consistent with the timeline and specifications of the ASTM Standard.

6. “Retail Establishment” means any store, shop, sales outlet, or vendor located within the City of Hood River that sells goods at retail. Retail Establishment does not include any establishment where the primary business is the preparation of food or drink:
a)  For consumption by the public;
b)  In a form or quantity that is consumable then and there, whether or not it is consumed within the confines of the place where prepared; or
c)  In consumable form for consumption outside the place where prepared.

7. “Reusable Bag” means a bag with handles that is either:
a)  Made of cloth or other machine washable material, or
b)  Made of durable plastic that is at least 2.25 mils thick.

8. “Single-Use Plastic Carryout Bag” means a plastic bag made from synthetic or natural organic materials that is provided by a Retail Establishment to a customer at the point of sale for use to transport or carry away purchases from the Retail Establishment.  A Single-use Plastic Carryout Bag does not include:
a)  A reusable bag.
b)  A plastic bag provided by a Retail Establishment to a customer at a time other than the time of checkout; or
c)  Pharmacy prescription bags.

8.15.030 - Supervision and Enforcement by the City Manager.  The regulation of Single-use Plastic Carryout Bags in the City under this Chapter and enforcement shall be under the supervision of the City Manager or the Manager’s designee.

8.15.040 - Retail Bag Regulations.
1. Prohibition on Single-use Plastic Carryout Bags.  Retail Establishments shall not provide or make available Single-use Plastic Carryout Bags or non-Recyclable Paper Bags.

2. Requirements for paper bags.  When a Retail Establishment makes a paper bag available to a customer at the point of sale, the bag shall meet the definition of a Recyclable Paper Bag.  For Barrel Size Paper Bags, Retail Establishments shall charge the customer a reasonable cost of not less than 5 cents per bag.

3. Reusable Bags shall be made available.  All Retail Establishments shall make Reusable Bags available at a reasonable cost to all customers.

4. Exceptions.  A Retail Establishment shall make available to customers who use a voucher issued under the Women, Infants and Children Program established in the Oregon Health Authority under ORS 409.600 a Reusable Bag or a Recyclable Paper Bag at no cost upon request at the point of sale.

8.15.050 - Enforcement and penalties.
1. Responsible Party.  A person who is in charge or in control of a Retail Establishment or who exercises authority over a Retail Establishment that is not in compliance with this Chapter 8.15 shall be liable for any violations of this Chapter.

2. Separate offense.  Each Single-use Plastic Carryout Bag or non-Recyclable Paper Bag provided or made available to a customer, and each Barrel Size Recyclable Paper Bag provided or made available to customers without charging a minimum of 5 cents per bag shall be deemed a separate violation of this Chapter and a separate offense.

3. Penalty.  A violation of this Chapter is a Civil Infraction enforceable under HRMC Chapter 1.10 (Civil Enforcement), with a minimum fine of not less than $200 for each offense.

4. Enforcement implementation.  Enforcement of this Chapter shall begin March 1, 2017 for retailers with more than 50 full-time equivalent employees, and shall begin July 1, 2017 for retailers with 50 or fewer full-time equivalent employees.


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CHAPTER 8.16 - ABANDONED REFRIGERATORS

Sections:
8.16.010 Leaving abandoned or unattended refrigerator prohibited when
8.16.020 Removal of door or snap lock required when
8.16.030 Violation - Penalty


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8.16.010 Leaving Abandoned or Unattended Refrigerator Prohibited When.  It is unlawful for any person, firm or corporation to leave outside of any building or dwelling in a place accessible to children any abandoned, unattended or discarded ice box, refrigerator or any other container of any kind which has an airtight door, or lock which may not be released for opening from the inside of such ice box, refrigerator or container. 

8.16.020 Removal of Door or Snap Lock Required When.  It is unlawful for any person, firm or corporation to leave outside of any building or dwelling in a place accessible to children any abandoned, unattended or discarded ice box, refrigerator or any other container of any kind which has an airtight snap lock or other device thereon without first removing such snap lock or door or doors from such ice box, refrigerator or container. 

8.16.030 Violation   Penalty.  Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of an offense, and upon conviction, shall be punished by a fine of not less than fifty dollars nor more than two thousand dollars or by imprisonment in the city jail for a term of not less than two days nor more than fifty days, or by both such fine and imprisonment, within the discretion of the court.  Each day such violation is committed or permitted to continue constitutes a separate offense and shall be punishable as such under this section.


CHAPTER 8.20 - ABANDONED MOTOR VEHICLES

Sections:
8.20.010 Unlawful Vehicle Storage Designated - Time Limit - Violation Deemed
 Misdemeanor
8.20.020  Nuisance Declared  Removal or Enclosure Required
8.20.030  Notice to Remove or Enclose - Service   Time Limit for Compliance
8.20.040  Notice   Failure to Comply - Violation   Penalty
8.20.050  Removal and Impoundment by City - Notice - Charges   Disposal by City
8.20.060  Impounded Vehicle   Payment of Charges Prerequisite to Release
8.20.070  Repair or Dismantling Vehicle Prohibited When   Emergency Service Time   Limit   Violation and Penalty


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8.20.010 Unlawful Vehicle Storage Designated - Time Limit   Violation Deemed Misdemeanor.  It is unlawful to park, store or leave or permit the parking or storing of any licensed or unlicensed motor vehicle of any kind or of any motor vehicle trailer, either licensed or unlicensed, of any kind, for a period of time in excess of seventy two hours, which is in a rusted or wrecked or junked or partially dismantled or inoperative or abandoned condition, whether attended or not, upon any public or private property within the city, unless the same is completely within an enclosure where it would not be visible from the street or adjacent property, or unless it is in connection with a business enterprise lawfully licensed by the city and properly operated in the appropriate business zone pursuant to the zoning laws of the city; and a violation of this chapter shall be a misdemeanor. 

8.20.020 Nuisance Declared   Removal or Enclosure Required.  The accumulation and storage of one or more of such vehicles, as defined in Section 8.20.010, on public or private property shall constitute rubbish and unsightly debris and a nuisance, detrimental to the health, safety and welfare of the inhabitants of the city; and it shall be the duty of the registered owner of any such vehicle or vehicles, and it shall also be the duty of the owner of the private property or the lessee or other person in possession of the private property upon which such vehicle is located, to remove the same from the city or to have the same housed in an enclosure where it will not be visible from a street or adjacent property. 

8.20.030 Notice to Remove or Enclose - Service   Time Limit for Compliance.  It shall be the duty of the Chief of Police to give written notice to the registered owner of any motor vehicle or motor vehicle trailer which is in violation of this chapter, as described in Section 8.20.010, and to further give such notice to the owner or lessee of the private land upon which such motor vehicle or motor vehicle trailer is situated, giving notice that such vehicle violates the ordinance codified in this chapter, and demanding that such motor vehicle or motor vehicles be removed from the city within seventy two hours, or that within seventy two hours the same is to be housed within an enclosure where it will not be visible from a street or adjacent property. Such notice may be given by personal service or by registered mail with return receipt requested. 

8.20.040 Notice - Failure to Comply - Violation - Penalty.  If the notice is given as provided in Section 8.20.030, and the person upon whom such notice demand is made fails to remove as required by the notice such vehicle or vehicles, as the case may be, or fails to cause the same to be placed in an enclosure where it will not be visible from the street, then such person shall be in violation of this chapter and, upon conviction thereof, shall be punished by a fine not exceeding two hundred dollars, or by imprisonment in the city jail for a term not exceeding sixty days, or by both such fine and imprisonment. 

8.20.050 Removal and Impoundment by City - Notice - Charges - Disposal by City.  As an alternate procedure, the Chief of Police may, after giving the notice required by Section 8.20.030 and after waiting seventy two hours, cause the vehicle or vehicles to be removed by a city truck or by a commercial tow truck to a commercial garage or an automobile wrecking yard or any other suitable place for storage of the vehicle, as may be designated by the Chief of Police; and within forty eight hours after removal and storage of such vehicle by the Chief of Police, he shall give the notice in the manner prescribed in Section 8.20.030 to the registered owner of such vehicle and also to the owner, lessee or person in possession of land from which the vehicle was or vehicles were removed, that such vehicle or vehicles have been impounded and stored for violation of this chapter, and notice shall include the location of place where the vehicle or vehicles are stored, the costs incurred by the city for the removal or towing and the storage charges accruing, which shall not exceed one dollar per day, and that if such charges are not paid in full to the City Recorder within ten days immediately following the giving of such notice, such vehicle or vehicles shall be deemed to have been abandoned and will thereafter be discarded as junk or may, at the discretion of the Chief of Police, be sold as an abandoned vehicle in the manner prescribed in this section after giving not less than thirty days' notice by a registered letter addressed to the registered owner of the vehicle at his latest address shown on the records in the office in the Motor Vehicles Division of the state, with the owner given the right to reclaim such vehicle within such thirty days by paying all the costs and expenses incurred in the removal, preservation and custody of the vehicle for a period not in excess of ninety days; and if not so reclaimed, then to be sold, with the Chief of Police to execute a certificate of sale in duplicate, with a copy of the certificate of sale to be delivered to the purchaser and the original to be retained by the Chief of Police; and the money so received from the sale thereof to be applied first to the payment of the costs and expenses incurred in the removal, preservation and custody of the vehicle and the remainder to be retained by the city for a period of one year; and if not claimed by then, to be turned over to the state as in the case of property to escheat to the state. 

8.20.060 Impounded Vehicle - Payment of Charges Prerequisite to Release.  If any vehicle is impounded or stored by the Chief of Police under the provisions of this chapter or any other ordinance of this city, or pursuant to any other lawful authority of the police department, such vehicle or vehicles or other personal property shall not be released by the appointed keeper thereof until all charges connected with the removal, towing, and storage of such vehicle, vehicles or personal property have been fully paid as evidenced by the City Recorder's paid receipt. 

8.20.070 Repair or Dismantling Vehicles Prohibited When - Emergency Service Time Limit - Violation and Penalty.  It is unlawful to disassemble, construct, reconstruct, repair and/or service motor vehicles or motor vehicle trailers of any kind in or upon any street, road, alley or public thoroughfare in the city or upon private property where visible from a street or the property of adjoining owners, except for emergency service; provided, that such emergency service shall not extend over a period of seventy two hours, except when required to be made in a street, road, alley or other public thoroughfare; in which case, an emergency service shall not extend over a period of two hours, and does not interfere with or impede the flow of traffic.  The violation of this section shall also constitute a public nuisance and a misdemeanor, which shall be punishable, upon conviction, by a fine not exceeding two hundred dollars, or by imprisonment in the city jail for a period not exceeding sixty days, or by both such fine and imprisonment. 

 

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CHAPTER 8.24 - ABANDONED PERSONAL PROPERTY

Sections:
8.24.010 Definitions
8.24.02 Leaving in street or public place prohibited - Time limit - Removal authorized - Expense
8.24.030 Leaving on private property without consent prohibited - Time limit - Removal authorized - Expense
8.24.040 Property in custody - Records - Appraisal
8.24.050 Property in custody - Notice to owner prior to sale
8.24.060 Property in custody - Reclamation procedure-Time limit on cumulative charges
8.24.070 Property in custody - Public auction when - Effect of sale
8.24.080 Certificate of sale - Records
8.24.090 Return of sale - Transmittal to Motor Vehicle Division
8.24.100 Record of sale - Disposition of proceeds
8.24.110 Recovery of proceeds by owner - Procedure - Time limit


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8.24.010 Definitions.  As used in this chapter, the following terms, words, phrases and their derivation shall have the meaning given as follows:  "personal property" means and includes motor vehicles, whether registered or unregistered. 

8.24.020 Leaving in Street or Public Place Prohibited   Time Limit - Removal Authorized - Expense.  No personal property, which the Chief of Police has reason to believe is abandoned, disabled and unclaimed, shall be parked or permitted to remain upon any street or public property for a period in excess of five days.  Any personal property so parked or permitted to remain on any street or public place may be taken into custody by the Chief of Police and held at the expense of the owner or person entitled to possession thereof.  The Chief of Police may utilize city personnel, equipment and facilities for the removal and preservation of such vehicles or may hire other personnel, equipment and facilities for that purpose. 

8.24.030 Leaving on Private Property Without Consent Prohibited - Time Limit - Removal Authorized - Expense.  Any personal property left abandoned, parked or standing upon any private property in excess of five days without the consent of the record owner or person in lawful possession or control of the property, at the written request of either, may be removed by the Chief of Police at the expense of the owner or person entitled to possession of such personal property or vehicle in the same manner as provided in Section 8.24.020; and in the event that the owner of the personal property fails to pay, then the expense shall be paid by the party making the request. 

8.24.040 Property in Custody - Records - Appraisal.

A. If personal property is removed and held by or at the direction of the Chief of Police under Sections 8.24.020 or 8.24 .030, the Chief of Police shall forthwith provide the City Recorder with a written statement showing:
1. A description of the personal property sufficiently accurate to identify it;
2. The place where it was abandoned or taken into custody;
3. The place where the personal property is held;
4. The charges to date of report and probable future charges until disposition is made of the personal property;
5. The names of the owners and addresses, if known, of the property;
6. The names of the party making the request for the pickup and disposition of such personal property.

B. The City Recorder shall cause the personal property to be appraised and make an entry on the above report of the appraised value and date of the appraisal. 

8.24.050 Property in Custody - Notice to Owner Prior to Sale.  The City Recorder shall make reasonable efforts to ascertain the names and addresses of the legal owner and owners or persons entitled to possession of the personal property taken into custody under Sections 8.24.020 through 8.24.040.  If the names and addresses of such owners or persons entitled to possession, or either of them, can be ascertained, the City Recorder shall notify each of them of the location of the personal property and that it will be sold to meet the expense of taking, holding and sale of the property.  If it is a motor vehicle and registered in the office of the Motor Vehicles Division of this state, notice shall be deemed given by registered or certified letter addressed to the registered owner of the vehicle and a similar letter addressed to the legal owner, if any, at the respective address of each shown by the records of the office of the Motor Vehicles Division, with return receipt requested and postage prepaid thereon, and mailed at least twenty days before the vehicle is sold as provided in this chapter. 

8.24.060 Property in Custody - Reclamation Procedure   Time Limit on Cumulative Charges.  The owner, legal owner or person entitled to possession of the personal property taken into custody and held by the Chief of Police may reclaim the personal property at any time after the taking into custody and before the same is sold under the provisions of this chapter, on presentation to the City Recorder satisfactory proof of ownership or right to possession and upon payment of the costs and expenses incurred in the removal, preservation and custody of the personal property; provided, however, that the legal owner, owners or person entitled to possession of the personal property shall not be liable for nor required to pay storage charges for a period in excess of sixty days.

8.24.070 Property in Custody - Public Auction When - Effect of Sale.  If the personal property is not reclaimed under Section 8.24.060 within forty five days after taken into custody, the City Recorder shall proceed to sell the personal property at public auction in the manner of personal property sold under execution under the laws of the state, as provided by ORS 23.450 through 23.480 and all amendments thereto.  After any personal property has been sold under this provision, the former legal owner, owners or person entitled to possession has no further right, title, claim or interest in and to the personal property. 

8.24.080 Certificate of Sale - Records.  When personal property is sold under the provisions of this chapter, the City Recorder at the time of payment of the purchase price shall execute a certificate of sale in duplicate, the original of which shall be delivered to the purchaser and a copy shall be retained by the City Recorder.  The certificate of sale shall contain the name and address of the purchaser, the date of sale, and the consideration paid, a description of the personal property and a stipulation that no warranty is made as a condition of title of the personal property.

8.24.090 Return of Sale - Transmittal to Motor Vehicles Division.  When any personal property which is registered with the state Motor Vehicles Division is sold under the provisions of this chapter, the City Recorder shall transmit to the Motor Vehicles Division a return of sale, setting forth a description of the personal property, the purchase price and the name and address of the purchaser, the costs incurred in the sale and the costs and expenses involved in the removal, preservation and custody of the personal property. 

8.24.100 Record of Sale - Disposition of Proceeds.  The City Recorder shall make a record of the sale setting forth the facts mentioned in Sections 8.24.080 and 8.24.090, and deposit the proceeds after the payment of all expenses in a fund to be known and created as the "unclaimed personal property fund." 

8.24.110 Recovery of Proceeds by Owner - Procedure - Time Limit.  At any time within two years after the sale of the personal property, under the provisions of this chapter, the former owner may recover the proceeds held by the City Recorder on filing a claim with the City Recorder and showing his ownership.  The claim shall be audited and paid with other claims against the unclaimed personal property fund. 


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CHAPTER 8.28 - BURGLAR ALARM SYSTEMS

Sections:
8.28.010 Purpose
8.28.020 Definitions
8.28.030 Alarm user's permit - Required - Application - Fees
8.28.040 Alarm business required to distribute user instructions
8.28.050 Automatic dialing device - Certain interconnections prohibited
8.28.060 False alarms - Permit revocation
8.28.070 Disposition of revenues
8.28.080 Enforcement by civil or criminal action
8.28.090 Violation - Penalty

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8.28.010 Purpose.  The purpose of this chapter is to protect the emergency services of the city from misuse, and to govern burglary and robbery alarm systems, to require permits, establish fees and establish a system of administration.  (Ord. 1423, 1978)

8.28.020 Definitions.  As used in this chapter, the following terms are defined as follows:

A. "Alarm business" means the business by any individual, partnership, corporation or other entity, of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure or facility.

B. “Alarm system" means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an illegal entry or other activity requiring urgent attention and to which police are expected to respond.

C. "Alarm user" means the person, firm, partnership, association, corporation, company or organization of any kind in control of premises wherein an alarm system is maintained.

D. "Automatic dialing device" means a device which is interconnected to a telephone line and is programmed to transmit by voice message or code signal a selected telephone number indicating a need for emergency response.

E. "Burglary alarm system" means an alarm system signaling an entry or attempted entry into the area protected by the system.

F. "Chief of Police" means the Chief of the City of Hood River Police Department, or his designated representative in the department.

G. "False alarm" means an alarm signal eliciting a response by police where an emergency situation does not in fact exist; but does not include an alarm caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business operator or alarm user.

H. "Interconnect" means to connect an alarm system including any automatic dialing device to a telephone line, either directly or through a mechanical device that utilizes a telephone, for the purpose of using the telephone line to transmit a message upon the activation of the alarm system.

I. "Primary trunk line" means a telephone line serving the Police Department that is designated to receive emergency calls.

J. “Robbery alarm system" means an alarm system signaling a robbery or attempted robbery.  (Ord. 1423, 1978)

8.28.030 Alarm User's Permit - Required - Application -  Fees.
 
A. All alarm users shall obtain an alarm user's permit for each premise from the Police Department upon the effective date of the ordinance codified in this chapter or prior to use of an alarm system.  Systems using robbery and burglary alarm capabilities will be required to obtain a separate permit for each function.  Application for a burglar or robbery alarm user's permit will be filed with the Police Department each calendar year.  The fee will be set by Council resolution and the permit obtained shall be valid for one calendar year or any portion thereof.  Each permit issued shall bear the signature of the Chief of Police or his designated deputy.  The permit shall be physically upon the premises using the alarm system and shall be available for inspection by any police officer of the City. (Ord. 1730, 1996)

B. A revoked user's permit shall be obtained from the Police Department by filing the required application and a fee set by Council resolution.  Each permit issued shall bear the signature of the Chief of Police or his designated deputy and shall be for a one year period.  The permit shall be physically upon the premises using the alarm system and shall be available for inspection by any police officer of the City. (Ord. 1730, 1996)

C. A residential alarm user who is over the age of sixty five, where the household income as determined by ORS 310.630 through 310.657 is less than six thousand dollars, and is the primary resident of the residence, and if no business is conducted within the residence, may obtain a user's permit from the Police Department according to sub section A of this section upon a payment of one half the fee for other charges.

D. A late charge set by Council resolution will be charged users who fail to obtain a permit within sixty days after the effective date of the ordinance codified in this chapter, or who are sixty days delinquent in renewing a permit. (Ord. 1730, 1996; Ord. 1423, 1978)

8.28.040 Alarm Business Required to Distribute User Instructions.

A. Every alarm business selling, leasing or furnishing to any user an alarm system which is installed on premises located within an area served by the city Police Department shall furnish that user with instructions that provide information to enable the user to operate the alarm system properly and to locate and obtain service for the alarm system at any time.

B. Standard form instructions shall be submitted by every such alarm business to the Chief of Police within thirty days after the effective date of the ordinance codified in this chapter.  If he reasonably finds such instructions to be incomplete, unclear or inadequate, he may require the alarm business to revise the instructions to comply with subsection A of this section, and then to distribute the revised instructions to its alarm users.  (Ord. 1423, 1978)

8.28.050 Automatic Dialing Device - Certain Interconnections Prohibited.

A. It is unlawful for any person to program an automatic dialing device to select a primary trunk line; and it is unlawful for an alarm user to fail to disconnect or reprogram an automatic dialing device which is programmed to select a primary trunk line, within twelve hours of receipt of written notice from the Chief of Police that it is so programmed.

B. No automatic dialing devices shall be hereafter programmed or connected to the alarm system.  No replacement of an existing automatic dialing device shall be programmed or connected to the alarm system.

C. It is unlawful for any person to program an automatic dialing device to select any telephone line assigned to the city; and it is unlawful for an alarm user to fail to disconnect or reprogram such device within twelve hours of receipt of written notice from the Chief of Police that an automatic dialing device is so programmed.  (Ord. 1423, 1978)

8.28.060 False Alarms - Permit Revocation.

A. Any alarm system which has four or more false alarms within a permit year shall be subject to permit revocation as provided in this section.

B. If the Police Department records three false alarms within any twelve month period for any alarm system, the user shall pay an additional fee set by Council resolution to the City within thirty days therefrom and upon his failure to pay the same his connection shall be disconnected subject to right of appeal as provided in subdivisions 4 and 5 of subsection C. (Ord. 1730, 1996)

C. If the Police Department records four or more false alarms within a twelve month period for any alarm system:
1. The Chief of Police shall notify the alarm user by certified mail of such fact and direct that the user submit a report to the Chief of Police within fifteen days of receipt of the notice describing actions taken or to be taken to discover and eliminate the cause of the false alarms.
2. If the alarm user submits a report as directed, the Chief of Police shall determine if the action taken or to be taken will substantially reduce the likelihood of false alarms.  If he determines that the action will substantially reduce the likelihood of false alarms, he shall notify the alarm user in writing that his permit will not be revoked at that time, but that if two more false alarms occur within the permit year, the user's permit will be revoked.
3. If no report is submitted, or if the Chief of Police determines that the action taken or to be taken will not substantially reduce the likelihood of false alarms, the Chief of Police shall give notice by certified mail to the user that the permit will be revoked without further notice, if the user does not file with the Chief of Police within ten days a written request for a hearing.
4. If a hearing is requested, written notice of the time and place of the hearing shall be served on the user by the Chief of Police by certified mail at least ten days prior to the date set for the hearing, which date shall not be more than twenty one nor less than ten days after the filing of the request for hearing.
5. The hearing shall be before the city council, and the Chief of Police and the alarm user shall have the right to present written and oral evidence, subject to the right of cross examination.  If the city council determines that four or more false alarms have occurred, and that the user has not taken action which substantially reduces the likelihood of false alarms, the council shall issue written findings to that effect and an order revoking the user's permit.
6. An alarm user shall immediately discontinue use of his alarm system upon being notified by certified mail of the revocation of his permit pursuant to either subdivision 2 or 5 of this subsection.
7. An alarm user whose permit has been revoked may apply for a revoked user's permit as provided in subsection B of Section 8.28.030.  The Chief of Police shall not be required to issue a revoked user's permit, unless he is satisfied that the user's system has been properly serviced and its deficiencies corrected.  The Chief of Police may impose reasonable restrictions and conditions upon the user, before issuing a revoked user's permit, which restrictions and conditions shall be written on the permit.  A revoked user's permit shall be issued for a one year period.  If the alarm user does not have two or more false alarms during that period, he may apply for a permit for the following year under the provisions of subsection A of Section 8.28.030.  (Ord. 1423, 1978)

8.28.070 Disposition of Revenues.  All fees and fines collected pursuant to this chapter shall be general fund revenues of the city.  (Ord. 1423, 1978)

8.28.080 Enforcement by Civil or Criminal Action.  Enforcement of this chapter may be by civil action as provided in ORS 30.315, or by criminal prosecution, for violation of this chapter.  (Ord. 1423, 1978)

8.28.090 Violation - Penalty.

A. The failure or omission to comply with any section of this chapter shall be deemed a violation, and may be so prosecuted subject to the penalty provided in subsection B of this section.

B. Violation of this chapter shall be punished upon conviction by a fine of not more than five hundred dollars. (Ord. 1423, 1978)

 

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CHAPTER 8.32 - FIRE ALARM SYSTEMS

Legislative History: Ord 1812 (2001); Ord 1450 (1979); Ord (2011)

Sections:
8.32.010 Definitions
8.32.020 Automatic dialing device - Interconnections prohibited
8.32.025 False Alarms
8.32.030 Fines


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8.32.010 Definitions.  As used in this chapter, the following terms are defined as follows:

"Alarm system" means any assembly of equipment, mechanical or electrical, arranged to signal the presence of smoke or of a rapid rise of temperature or other activity requiring urgent attention and to which the fire department resources of the city are expected to respond.

 “Alarm User” means the 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, which owns, occupies or controls any building, structure or facility wherein an alarm system is operated.

"Automatic dialing device" means a device which is interconnected to a telephone line and is programmed to transmit by voice, message or code signal a selected telephone number indicating a need for an emergency response.

"City fire lines" are all telephone lines used by the city serving the city fire department or to any of its offices.

 “Dispatch Center” means the county 911 dispatch center used to receive emergency and general information from the public and to dispatch the appropriate service department.

 “False Alarm” means an alarm system signal to which city resources respond with any personnel and/or equipment when a situation requiring such a response does not in fact exist, and which signal is caused by the inadvertence, negligence, intentional act or omission of an alarm user, a malfunction of the alarm system, or a malicious act. The following shall not be considered a false alarm:
1. Alarms caused by the testing, repair or malfunction of telephone or electrical equipment or lines not under the direct control of the alarm user;
2. Alarms caused by a natural act, including earthquakes, floods, windstorms, thunder, and lightening;
3. Alarms caused by an unauthorized entry or attempted unauthorized entry of which there is visible evidence, verified by the City Police Department.
4. Alarms caused from unintentional and/or unexpected mechanical system malfunctions (for example: steam pipes breaking, first time turning furnace on, etc.);
5. Alarms caused by possible emergent situations that have self-extinguished (for example: light ballasts burning out, electric motors burning out, commercial cooking fires extinguished by employees, etc.).


"Interconnect" means to connect an alarm system including any automatic dialing device to a telephone line either directly or through a mechanical device that utilizes a telephone for the purpose of using the city fire lines to transmit a message upon the activation of the alarm system.

8.32.020 Automatic Dialing Device - Interconnections Prohibited.

A. It is unlawful for any person to program an automatic dialing device to any city fire line.

B. All existing automatic dialing devices programmed or connected to city fire lines shall be disconnected lines.

8.32.025 False Alarms.  

A. It is unlawful for any person to own, operate, control, maintain, lease, rent or use an alarm system which generates more than three false alarms in any given twelve (12) month period.  Each false alarm after the third is a separate violation of this section.

B. Upon the receipt by the city of the third false alarm from any fire alarm system in a twelve (12) month period, the Fire Department shall notify the alarm user of that system, in writing, that a false alarm occurred at a particular date and time and that continued false alarms will result in fines being assessed.

C. Upon receipt by the city of the fourth and subsequent false alarms from any fire alarm system in a twelve (12) month period, the Fire Department shall notify the alarm user of that system, in writing, that a false alarm has occurred at a particular date and time and that a specified fine, as outlined in Section 8.32.030, is due to the city within 30 days.

D.  If a user contests the Fire Department’s determination that an alarm is a false alarm, the user must provide evidence satisfactory to the Fire Department within ten calendar days of the date of the notice of false alarm that the alarm was in fact not a false alarm.  Failure to contest the determination in the required time period results in the conclusive presumption for all purposes that the alarm was a false alarm.

8.32.030 Fines.  The amount of the fines assessed pursuant to Section 8.32.020 and 8.32.025 shall be set by resolution of the City Council.

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CHAPTER 8.36 - ELECTRICAL INTERFERENCE

Sections:
8.36.010 Electrical interference defined
8.36.020 Chapter not applicable to certain apparatus
8.36.030 Preventable interference with radio reception between ten a.m. and five p.m. prohibited
8.36.040 All interference with radio reception between five p.m. and twelve midnight prohibited
8.36.050 Means for reasonable prevention of interference designated
8.36.060 Radio inspector to inspect and test - Right of entry
8.36.070 Notice of violation
8.36.080 Violation - Penalty


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8.36.010 Electrical Interference Defined.  "Electrical interference" with radio reception as covered by this chapter shall be understood to mean the causing of interference with reception on a radio receiver located beyond and outside of the immediate limits and confines of the office, store, shop, basement, roof, elevator shaft, apartment, theater, hospital, factory, plant, house, building or site, as the case may be, where the interference is produced. 

8.36.020 Chapter Not Applicable to Certain Apparatus.  This chapter shall not be held or construed to embrace or apply to electric power lines and accessory equipment essential to the public distribution of electricity, nor shall it be held to embrace or cover the regulation of any transmitting, broadcasting or receiving instrument, apparatus or device used in interstate commerce or the operation of which instrument, apparatus or device is licensed or authorized by or under the provisions of any act of the Congress of the United States. 

8.36.030 Preventable Interference With Radio Reception Between Ten a.m. and Five p.m. Prohibited.  It is unlawful for any person, firm, co-partnership, association, or corporation to operate or cause to be operated any machine, device, apparatus, or instrument of any kind whatsoever within the corporate limits of the city between the hours of ten a.m. and five p.m., the operation of which causes reasonably preventable electrical interference with radio reception. 

8.36.040 All Interference With Radio Reception Between Five p.m. and Twelve Midnight Prohibited.  It is unlawful for any person, firm, co partnership, association or corporation to operate or cause to be operated, any machine, device, apparatus or instrument of any kind whatsoever within the corporate limits of the city between the hours of five p.m. and twelve midnight, the operation of which causes electrical interference with radio reception; provided, however, that in case of imperative emergency X ray pictures or examinations may be made if the machine or apparatus used therefor is properly equipped to avoid all unnecessary or reasonably preventable electrical interference with radio reception. 

8.36.050 Means for Reasonable Prevention of Interference Designated.  Reasonably preventable electrical interference with radio reception shall be understood to be interference that can be minimized or eliminated by reasonable repairs, alterations or additions, such as, specifically:

A. The proper attachment of a standard quality filter designed and recommended for the machine, device or apparatus of the kind, condition, and manufacture in question; and, also

B. The repair and adjustment of motors, when necessary, so that commutators and brushes operate efficiently and cause no needless electrical interference; and

C. If, after the proper attachment of such a filter, any diathermy or high frequency violet ray apparatus still produces severe interference with radio reception, then reasonably preventable electrical interference with radio reception shall be understood to be interference that can be minimized or eliminated by the complete screening of such apparatus with a galvanized or copper wire screen, properly grounded, and of sufficient dimensions to enclose not only the apparatus but also at the same time the patient being treated. 

8.36.060 Radio Inspector to Inspect and Test - Right of Entry.  The administration and enforcement of this chapter shall be entrusted to and imposed upon a radio inspector. Upon receipt of a complaint that electrical interference with radio reception in violation of this chapter is being produced, or apparently being produced, on certain premises, the radio inspector or any of his authorized deputies shall promptly enter upon such premises for the purpose of inspecting and testing the installation and working of any or all apparatus coming within the terms of this chapter, and it is unlawful for any person to interfere with the radio inspector or any of his deputies in making such inspection, or to refuse to permit the radio inspector or deputies to enter the premises at any reasonable hour for such purposes.  The radio inspector or his deputies, before entering any premises, shall exhibit to any person there in charge, authority as an inspector. 

8.36.070 Notice of Violation.  If it is learned by the radio inspector or any of his authorized deputies that any device, machine or apparatus coming within the provisions of this chapter is being operated in violation of the terms of this chapter, the radio inspector shall notify the city recorder, who shall promptly mail a notification to the owner, operator, or user of such device, addressed to the premises where the device is located, stating that the operation of such device during certain specified hours is in violation of this chapter and that the device must be repaired and equipped as required by this chapter, within three days, or its operation be discontinued during the specified hours.  Mailing such a notification shall be sufficient for the purpose of this chapter. 

8.36.080 Violation - Penalty.

A. Every person, co partnership, association, firm or corporation violating any of the provisions of this chapter shall, upon conviction, be punished by a fine of not to exceed one hundred dollars, or by confinement in the city jail not to exceed fifty days, or by both such fine and imprisonment.

B. Each day during which such violation continues shall constitute a separate offense. 

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CHAPTER 8.40 - SWIMMING POOLS

Sections:
8.40.010 Definitions
8.40.020 Enclosure requirements
8.40.030 Safety measures required
8.40.040 Bathers with communicable diseases restricted - Bodily discharge prohibited -
Posting of regulations required
8.40.050 Sanitation of premises requirements
8.40.060 Pool cleaning requirements
8.40.070 Periodical inspection and testing - Right of entry - Abatement and suspension authorized when
8.40.080 Water quality requirements
8.40.090 Interference with enjoyment of property rights prohibited
8.40.100 Lighting restrictions
8.40.110 Unnecessary noise prohibited
8.40.120 Indecent exposure prohibited
8.40.130 Drainage into storm sewer or approved alternate method required
8.40.140 Compliance with state regulations required
8.40.150 Swimming or bathing in polluted water prohibited


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8.40.010  Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section.  When not in consistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number.  The word "shall," as used in this chapter is mandatory and not merely directory.

A. Accessory Building.  Any part of a pool projecting more than eighteen inches below or above normal ground level shall be considered as an "accessory building" for the matter of determining its location as to front, back or side lot clearance.

B. "City Engineer" is the City Engineer of the city.

C. "Family pool" is a swimming pool used or intended to be used solely by the owner, operator or lessee thereof and his family, and by friends invited to use it without payment of any fee.

D. “Person" means any person, firm, partnership, association, corporation, company or any organization of any kind.

E. "Swimming pool" means a body of water in an artificial or semi artificial receptacle or other container, whether located indoors or outdoors, used or intended to be used for public, semipublic or private swimming by adults or children, or both adults and children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any person as defined in this section, whether he is an owner, lessee, operator, licensee or concessionaire, exclusive of a family pool as defined in this section; and includes all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool, and also all swimming pools operated and maintained in conjunction with or by clubs, motels, hotels and community associations.  (Ord. 1276, 1970)

8.40.020 Enclosure Requirements.

A. Every outdoor swimming pool or family pool shall be completely surrounded by a fence or wall or vertical bank, not less than four feet in height, which shall be so constructed as not to have openings, holes or gaps larger than four inches in any dimension except for doors and gates; and if a picket fence is erected or maintained, the interval between pickets shall not exceed four inches.  A dwelling house or accessory building or a vertical bank in excess of four feet may be used as a part of such enclosure.

B. All gates or doors opening through such enclosure shall be equipped with a self closing and self latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.

C. This requirement shall be applicable to all new swimming pools or family pools hereafter constructed, other than indoor pools, and shall apply to all existing pools which have a minimum depth of eighteen inches of water.  No person in possession of land in the City, either as owner, purchaser, lessee, tenant or a licensee, upon which is situated a swimming pool or family pool having a minimum depth of eighteen inches, shall fail to provide and maintain such fence or wall as provided in this section.

D. The City Engineer may make modifications in individual cases, upon a showing of good cause with respect to the height, nature or location of the fence, wall, gates or banks or latches, or the necessity therefor, provided the protection as sought under this section is not reduced thereby.  The City Engineer may permit other protective devices or structures to be used for so long as the degree of protection afforded by the substitution devices or structures is not less than the protection afforded by the wall, fence, gate, bank and latch described in this section.  The City Engineer shall allow a reasonable period within which to comply with the requirements of this section.  (Ord. 1276, 1970)

8.40.030 Safety Measures Required.  All reasonable precautions shall be taken to protect the users of and bathers in swimming pools and family pools from injury or accident.  Convenient means of ingress and egress shall be provided, and the depth of water and any irregularities of the bottom shall be clearly indicated.  Safety appliances such as lifebuoys, life hooks, bamboo poles or ropes and equipment, including first aid kits, shall be provided and be readily accessible.  (Ord. 1276, 1970)

8.40.040 Bathers With Communicable Diseases Restricted - Bodily Discharge Prohibited - Posting of Regulations Required.  No person having any skin eruptions or abrasions, sore or infected eyes, colds, nasal or ear discharges, or any communicable disease shall be permitted to use a swimming pool or family pool.  Spitting, spouting water or blowing the nose in the swimming pool shall be strictly prohibited.  The operator of a swimming pool shall post suitable placards embodying such personal regulations and instructions.  (Ord. 1276, 1970)

8.40.050 Sanitation of Premises Requirements.  The buildings, grounds, dressing rooms and all other swimming pool or family pool facilities shall be kept clean and in a sanitary condition and maintained free from garbage, trash and other refuse.  (Ord. 1276, 1970)

8.40.060 Pool Cleaning Requirements.  Visible dirt on the bottom of swimming pools and family pools and visible scum or floating matter on the surface of pools shall be removed as often as necessary to maintain good sanitary conditions.  All swimming pools shall be thoroughly cleansed at such times and in a manner and by the use of such disinfecting agents or cleansing materials as may be required by the City Engineer.  (Ord. 1276, 1970)

8.40.070 Periodical Inspection and Testing - Right of Entry - Abatement and Suspension Authorized When.  The City Engineer may inspect or cause to be inspected all swimming pools and family pools within the city at such times as he may deem necessary to carry out the intent of this chapter. The City Engineer is authorized to enter upon any premises, private or public, to take such samples of water from such pools at such times as he may deem necessary and to require the owner, proprietor or operator to comply with rules and regulations pertaining to swimming pools promulgated by the City Engineer in accordance with this chapter.  In the event of the failure of compliance, after due notice, with the rules and regulations and requirements of the City Engineer or the requirements of this chapter, the City Engineer shall have the power to abate or cause a suspension of the use of such swimming pool or family pool until such time as the same is, in the opinion of the City Engineer, no longer a menace or a hazard to health, safety or morals.  (Ord 1728, 1996; Ord. 1276, 1970)

8.40.080 Water Quality Requirements.  The water at swimming pools and family pools shall show an alkaline reaction at all times when the swimming pool is in use.  When ever alum or sulphate of alumina is used, frequent tests shall be made to insure that the water has an alkaline reaction.  At all times when the pool is in use the water shall be sufficiently clear to permit the entire bottom of the pool to be clearly visible from the walkways.  (Ord. 1276, 1970)

8.40.090 Interference With Enjoyment of Property Rights Prohibited.  No swimming pool or family pool shall be so located, designed, operated or maintained as to interfere unduly with the enjoyment of their property rights by owners of property adjoining the swimming pool or family pool or located in the neighborhood.  (Ord. 1276, 1970)

8.40.100 Lighting restrictions.  Lights used to illuminate any swimming pool or family pool shall be so arranged and shaded as to reflect light away from adjoining premises.  (Ord. 1276 §10, 1970)

8.40.110 Unnecessary Noise Prohibited.  It is unlawful for any person to make, continue or cause to be made or continued at any swimming pool or family pool any loud, unnecessary or unusual noise, or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others.  In the operation of a swimming pool or a family pool, the use or permitting the use or operation of any radio, receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing of the person or persons who are in the swimming pool or family pool premises is unlawful.  (Ord. 1276, 1970)

8.40.120 Indecent Exposure Prohibited.  Every person using and outdoor swimming pool or family pool, or an indoor swimming pool where the sexes are mixed, must wear a bathing suit or other suitable garment to protect his person from indecent exposure.  (Ord. 1276, 1970)

8.40.130 Drainage Into Storm Sewer or Approved Alternate Method Required.  Pools shall be discharged into the city storm sewer system or such alternate method as is approved by the City Engineer.  (Ord. 1276, 1970)

8.40.140 Compliance With State Regulations Required.  In the construction, operation and maintenance of any swimming pool or family pool, state laws and the rules, regulations and requirements of the State Board of Health shall be observed.  In the event of any conflict between the provisions of this chapter and any provision of the state law or requirement, rule or regulation of the State Board of Health, the provision imposing the higher standard or the more stringent requirement shall be controlling.  (Ord. 1276, 1970)

8.40.150 Swimming or Bathing in Polluted Water Prohibited.  No body of water, whether it is a natural or an artificial body of water in the city, which contains sewage, waste or other contaminating or polluting ingredients rendering the water hazardous to health, shall be used for swimming or bathing purposes by any person or persons. (Ord. 1276, 1970)

8.40.160 Violation - Penalty.  Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, on conviction thereof, shall be fined in an amount not exceeding two hundred dollars, or be imprisoned in the city jail for a period not exceeding thirty days, or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this section.  (Ord. 1276, 1970)

 

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CHAPTER 8.42 – REPEALED [Formerly: False Alarms ]

Legislative History: Repealed by Ord 1811 (2001); Ord 1593 (1988)

See HRMC 8.32 – Fire Alarm Systems

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CHAPTER 8.43 - OPEN BURNING PROHIBITED

Legislative History: Ord 1822 (2002); Ord 1652 (1992)

Sections:
8.43.010 Open burning prohibited—Exceptions
8.43.012 Costs of Suppressing Fires
8.43.013 Permit Required
8.43.015 Vegetative Debris Burning
8.43.017 Discontinuance
8.43.020 Use of woodstoves restricted
8.43.030 Fire department practice burns permitted - Conditions
8.43.040 Violation - Penalties - Summary abatement

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8.43.010 Open Burning Prohibited - Exceptions.  Open burning, including the use of burn barrels, is prohibited within the city. The following exceptions apply:

A. Fires used exclusively for cooking and have been approved by the Fire Department. Approval shall be evidenced by a permit issued by the Fire Department.

B. Fires located in fire pits associated with approved and supervised campsites;

C. Outdoor (hearth) fireplaces and chimeneas (chimney patio fireplaces) with spark arrestors or other approved means to stop embers (i.e. screens on chimney, etc);

D. Vegetative debris burning as outlined in Section 8.43.015;

E. Orchard heating practices, approved by the Oregon Department of Environmental Quality (DEQ), to protect against frost damage to crops;

F. Propane, natural gas, or briquette barbeques that meet applicable federal, state, and local requirements.

Exceptions A – E apply only when Hood River County is not in a burn ban.  Exception F applies throughout the year.

8.43.012 Costs of Suppressing Fires.  If a fire department response is required to suppress an uncontrolled fire and the Fire Department determines that the fire was caused or started by one of the exceptions listed in 8.43.010 A through D, the property owner shall reimburse the City for those costs associated with the suppression efforts.

8.43.013 Permit Required.  A permit shall be obtained from the Fire Department prior to igniting a burn pile or using a cooking fire. A fee established by City Council Resolution shall be paid at the time of permit application. Any fire or police personnel (i.e., City, county, etc.) may revoke a permit obtained under this section at any time for any reason.

8.43.015 Vegetative Debris Burning.  Vegetative debris includes limbs, twigs, and cut trees and shrubbery. No uncut vegetation shall be burned. Burning of materials other than vegetation (i.e. tires, paper, furniture, etc.) is prohibited and is subject to a fine.   A person may burn vegetative debris in a burn pile only under all of the following conditions:

A. The person first obtains an inspection and burn permit from the City Fire Department;

B. The City Fire Department shall be contacted immediately prior to igniting the burn pile;

C. All applicable U.S. Forest Service and Oregon Department of Forestry regulations on opening burning shall apply.

8.43.017 Discontinuance.  Notwithstanding anything to the contrary in this chapter or code, the fire department may prohibit all open burning within the City and cause the immediate cessation of all open burning if the fire department determines, in its sole discretion, that smoke emissions may be offensive to occupants of surrounding properties or that open burning may be a hazardous condition.

8.43.020 Use of Wood Stoves Restricted.  The burning of any materials other than wood in wood stoves, fireplaces, outdoor (hearth) fireplaces, or chimeneas is prohibited, except paper may be used as a starting agent.

8.43.030 Fire Department Practice Burns Permitted - Conditions.  The Fire Department may maintain practice burns provided that the property owner provides proof of insurance satisfactory to the City Manager; agrees to indemnify and hold the Fire Department and the City harmless for any damages caused by the fire; and certifies that no hazardous substances are located on the real property or contained in the structure to be burned.

8.43.040 Violation - Penalties - Summary Abatement.  Violation of this chapter shall be considered a violation and shall be punishable by a fine set by City Council Resolution. Any act prohibited by this chapter shall be considered a nuisance subject to immediate and summary abatement by fire or police personnel.  Costs of abatement shall be assessed against any person who violates the provisions of this chapter and shall be imposed in addition to any fine.


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CHAPTER 8.45 – EMERGENCY PRE-EMPTION EQUIPMENT

Legislative History: Ord 1743 (1997)

Sections:
8.45.010 Traffic signals and gated communities and facilities – Emergency pre-emption equipment required

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8.45.010 Traffic Signals and Gated Communities and Facilities – Emergency Pre-emption Equipment Required.

A. All new or modified traffic signals within the City shall be equipped with pre-emption equipment.

B. Pre-emption equipment installed on traffic signals shall be state of the art and shall be compatible with pre-emption equipment on City vehicles.  Pre-emption equipment on traffic signals shall be installed in sufficient quantities to provide emergency vehicle pre-emption of a traffic signal from all directions and so that each direction of traffic will move independently, allowing for protected left turn movements.

C. To the extent reasonably practical and economically feasible, the City shall equip City emergency vehicles and transit vehicles with a minimum of 18 passenger capacity with pre-emption equipment.

D. Electronically gated residential communities or complexes consisting of more than five residence or more than five residential units, and other electronically gated facilities, such as golf course and storage centers, shall install pre-emption equipment within 180 days of the effective date of this ordinance, or within 90 days of the City's installation of pre-emption equipment, whichever comes first.

E. No unauthorized person shall use pre-emption equipment.  Violation of this ordinance shall be subject to Chapter 1.12 of the Hood River Municipal Code.

F. Invalidity of any part of this section shall not affect the validity of the remaining sections or parts of sections.

 

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F. The franchisee shall not give any rate preference to any person, locality or type of solid waste stored, collected, transported, disposed of or resource recovered. This paragraph shall not prohibit the Council from establishing uniform classes of rates based upon length of haul, type or quantity of solid waste handled and location of customers so long as such rates are reasonably based upon costs of the particular service. The franchisee may volunteer service at reduced rates for a charitable, community, civic or benevolent purpose.

8.04.130 Suspension Modification or Revocation of Franchise.

A. A franchisee's failure to comply with the provisions of this Ordinance shall be grounds for modification, suspension or revocation of the franchise, or other action as set forth below.
1. The City shall provide written notice to the franchisee of the grounds for modification, suspension, or revocation and the franchisee shall have not less than twenty (20) days from the date of mailing of the notice in which to comply or request a public hearing before the Council.
2. If the franchisee fails to comply within the period of time designated in the notice or the franchisee requests a hearing, a public hearing shall be held at which all interest persons shall have the opportunity to present oral, written or documentary evidence.
3. Upon making appropriate findings, the Council may suspend, modify or revoke the franchise or make such action contingent upon continued noncompliance, in addition to imposing any other penalties that may be imposed.

B. If in the opinion of the Council there is immediate and serious danger to the public through the creation of a health hazard as a result of the franchisee not complying with the terms of the Ordinance, the Council may take whatever action it deems appropriate within a time specified in a notice to the franchisee explaining the threat and the proposed action by the Council, and may dispense with a public hearing prior to taking such action. Franchisee shall reimburse the City for all expenses the City incurs in taking the action.

8.04.140 Preventing Interruption of service. Whenever under Section 8.04.130, the Council determines that the failure of service or threatened failure of service would result in creation of an immediate and serious health hazard or serious public nuisance, the Council may, after a minimum of 24 hours actual notice to franchisee and a public hearing if franchisee requests it, authorize another person to temporarily provide the service or use and operate the land, facilities or equipment of the franchisee through leasing to provide emergency service.

The Council shall return any seized property and business upon abatement of the actual or threatened interruption of service.

8.04.150 Termination of Service. Franchisee shall not terminate service to all or a portion of its customers unless:
1. The street or road access is blocked and there is no alternate route and provided that the City shall not be liable for any such blocking of access;
2. Excessive weather conditions render providing service unduly hazardous to persons providing service or such termination is caused by accidents or casualties caused by an act of God or a public enemy;
3. A customer has not paid for service provided after a regular billing and after a 15 day written notice to pay; or
4. Ninety days written notice is given to the Council and to affected customers and written approval is obtained from the Council.

8.04.160 Submerged Containers Prohibited. The installation and use of submerged garbage or recycling containers is prohibited, as of the effective date of this ordinance. However, submerged containers in use prior to the effective date of this ordinance, may continue to be used subject to an additional charge to be set by resolution of the City Council. For the purpose of this section, a re-submerged container" is any container, the bottom of which is below the elevation of the surround

ing surface including, but not limited to, containers located in a concrete, metal or earthen well.
8.04.170  Container Specifications.
A. Franchisees shall not be required to pick up collectible solid waste which, together with the container, weighs more than sixty (60) pounds.  This provision does not apply to collection from dumpsters or other large containers franchisee is capable of handling with mechanized equipment.
 
B. Solid waste collection containers (excluding recycling containers) shall be leak-proof, have one handle on each side of the container, and have a tight-fitting lid.  The owner of the container or the premises on which the container is stored for collection shall keep the container and place where the containers are stored in a sanitary condition.

8.04.180  Solid Waste Disposal and Storage.

A. All persons in the City shall dispose of all solid waste before the same shall have become offensive, and not create a nuisance by permitting any solid waste to accumulate on or about premises, and to dispose of solid waste in the manner prescribed by this ordinance by hauling or causing the same to be hauled to a disposal site or drop station authorized by the Oregon Department of Environmental Quality.

B. No person shall throw, scatter or dispose of solid waste, or cause solid waste to be thrown, scattered or disposed, except in accordance with this Chapter.

C. No person shall store solid waste or cause solid waste to be stored on premises owned or controlled by that person except as specified in this Section.

D.  No person shall place solid waste or any material in a solid waste storage container unless authorized by the owner of the container to do so. For purposes of this Section, the franchisee is the owner of any containers supplied by the franchisee.

8.04.190  Vehicle Requirements For Haulers. It shall be unlawful for any franchisee to transport collectible solid waste in the City except in a vehicle which complies with State Department of Transportation requirements, is equipped with a covered, watertight and drip proof metal box with welded seams, and is thoroughly washed; provided, however, that non liquids and innocuous substances may be conveyed in suitable conveyances with provision against litter by having a covered waterproof and closable box. All vehicles of a licensee shall comply with all applicable local, state and federal vehicle regulations, and be equipped with a covered waterproof closable box.


8.04.200 Multi-Family Housing - Participation Required in Recycling Collection Service.  All multi-family housing shall participate in and pay for recycling collection service.  The owner, manager or person in charge of the multi-family housing shall designate a person responsible for ensuring compliance with this provision by: 
A. Providing a location for the franchisee’s recycling containers that (1) is accessible to both the franchisee and residents of the multi-family housing unit; (2) is safe, clean and sanitary; (3) allows recycling containers to be stored and filled without upset or spilling;
B. Providing and maintaining conspicuous signage indicating the location of the recycling container location and conspicuous signage indicating what materials are recyclable and which container they go into; and
C. Communicating with the franchisee regarding residents’ concerns, complaints or comments with respect to the recycling service provided by franchisee.

 

 

 


8.04.210 Illegal Dumping into Municipal Containers.  No person shall dispose of household solid waste into any municipally owned container unless the container is specifically designated for such use or the person is otherwise authorized to do so.
8.04.220 Complaint Procedure.


A. Any person having a complaint with respect to a franchisee’s solid waste collection service may submit the complaint in writing to the City Manager.  The City Manager shall immediately forward a copy of the complaint to the franchisee.  Within 10 days after the franchisee receives the complaint, the franchisee shall respond to the City Manager in writing responding to the complaint and, if applicable, setting forth how the franchisee intends to resolve the complaint.  The franchisee shall have 30 days from the date of its response to the City Manager to resolve the complaint, or a longer period of time if the complaint cannot be reasonable resolved within the 30 days period.
B. If the City Manager receives the same or similar complaint more than once during any six (6) month period, the franchisee shall meet with the City Manager to discuss the complaint and its resolution.  The City Manager shall set a reasonable period for franchisee to resolve the complaint.  If the franchisee does not thereafter resolve the complaint to the satisfaction of the City Manager, the franchisee shall be considered in noncompliance with the provisions of this Chapter, and the franchise may be modified, suspended, or revoked, or other action taken, in accordance with Section 8.04.130.
 
8.04.230 Violations.  Any person violating any of the terms of this ordinance shall, upon conviction thereof in the Municipal Court, or upon a plea of guilty before such Court, be subject to a fine not exceeding $2,500 or to imprisonment in the County jail for a period not to exceed one (1) year, or to both such fine and imprisonment, and for the costs of prosecution.