Grants Pass Municipal Code
Title 1
GENERAL PROVISIONS
Chapters:
1.01 Code Adoption
1.04 General Provisions
1.08 Initiative and Referendum
1.12 Ward Boundaries
1.16 Funds
1.20 General Obligation Improvement Warrants
1.24 Deposits and Accounts
1.28 Disposition of Lost or Stolen Property
1.32 Elections
1.36 Violation--Penalty
Chapter 1.01
CODE ADOPTION
Sections:
1.01.010 Adoption.
1.01.020 Title--Citation--Reference.
1.01.030 Contents.
1.01.040 Adopting and Numbering Ordinances.
1.01.050 Reference Applies to All Amendments.
1.01.060 Title, Chapter, and Section Headings.
1.01.070 Reference to Specific Ordinances.
1.01.080 Effect of Code on Past Actions and Obligations.
1.01.090 Effective Date.
1.01.100 Savings Clause.
1.01.110 Emergency Clause.
1.01.010 Adoption.
There is adopted the Grants Pass Municipal Code as published by the City of
Grants Pass, Oregon.
1.01.020 Title--Citation--Reference.
This Code shall be known as the Grants Pass Municipal Code and it shall be
sufficient to refer to said Code as the Grants Pass Municipal Code in any
prosecution for the violation of any provision thereof or in any proceeding at law
or equity. It shall be sufficient to designate any ordinance adding to, amending,
correcting or repealing all or any part or portion thereof as an addition to,
amendment to, correction or repeal of the Grants Pass Municipal Code. Further
reference may be had to the titles, chapters, sections and subsections of the
Grants Pass Municipal Code, and such references shall apply to that numbered
title, chapter, section or subsection as it appears in that Code.
1.01.030 Contents.
This Code consists of all the regulatory and penal ordinances and certain of the
administrative ordinances of the City of Grants Pass, Oregon.
1.01.040 Adopting and Numbering Ordinances.
The City of Grants Pass Municipal Code is hereby adopted as Ordinance No. All
sections and subsections which are amended after January 2, 2002 shall specify
the amending Ordinance No. and year, with each year beginning with 001.
1.01.050 Reference Applies to All Amendments.
Whenever a reference is made to this Code as the Grants Pass Municipal Code
or to any portion thereof, or to any ordinance of the City of Grants Pass, Oregon,
the reference shall apply to all amendments, corrections, and additions hereafter
made.
1.01.060 Title, Chapter, and Section Headings.
Title, chapter, and section headings contained herein shall not be deemed to
govern, limit, modify or in any manner affect the scope, meaning or intent of the
provisions of any title, chapter or section hereof.
1.01.070 Reference to Specific Ordinances.
The provisions of this Code shall not in any manner affect matters of record
which refer to, or are otherwise connected with ordinances which are therein
specifically designated by number or otherwise and which are included within the
Code, but such reference shall be construed to apply to the corresponding
provisions contained within this Code.
1.01.080 Effect of Code on Past Actions and Obligations.
Neither the adoption of this Code nor the repeal or amendments hereby of any
ordinance or part or portion of any ordinance of the City shall in any manner
affect the prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as a waiver of any
license, fee, or penalty at said effective date due and unpaid under such
ordinances, nor be construed as affecting any of the provisions of such
ordinances relating to the collection of any such license, fee, or penalty, or the
penal provisions applicable to any violation thereof, nor to affect the validity of
any bond or cash deposit in lieu thereof required to be posted, filed or deposited
pursuant to any ordinance and all rights and obligations thereunder appertaining
shall continue in full force and effect.
1.01.090 Effective Date.
This Code shall become effective on January 2, 2002. All subsequent
ordinances shall be effective 30 days from date of adoption unless adopted
pursuant to an emergency clause.
1.01.100 Savings Clause.
If any section, subsection, sentence, clause or phrase of this Code is for any
reason held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining portions of this Code. The Council hereby declares that
it would have passed this Code, and each section, subsection, sentence, clause
and phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases had been declared invalid or
unconstitutional, and if for any reason this Code should be declared invalid or
unconstitutional, then the original ordinance or ordinances shall be in full force
and effect.
1.01.110 Emergency Clause.
Legislation necessary for the immediate preservation of peace, health, safety or
general welfare of the City and the inhabitants thereof, shall be effective upon
adoption (or upon a specified date less than 30 days) when said legislation sets
forth the reasons therefore and is adopted by not less than b of the quorum of
Councilors present.
Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.010 Definitions.
1.04.030 Interpretation of Language.
1.04.040 Grammatical Interpretation.
1.04.050 Acts by Agents or Designees.
1.04.060 Prohibited Acts Include Causing and Permitting.
1.04.070 Computation of Time.
1.04.080 Construction.
1.04.090 Repeal Shall not Revive any Ordinances.
1.04.010 Definitions.
The following words and phrases, whenever used in this Code or the ordinances
of the City, shall be construed as defined in this section unless from the context a
different meaning is intended or unless a different meaning is specifically defined
and more particularly directed to the use of such words or phrases:
A.
“Administrative Services Director” shall include but is not limited to the
positions of Finance Director, Treasurer, and Records Clerk.
B.
"City" and "Town" each mean the City of Grants Pass, Oregon, or the area
within the territorial limits of the City of Grants Pass, Oregon, and such
territory outside of the City over which the City has jurisdiction or control
by virtue of any constitutional or statutory provision.
C.
"Council" means the City Council of Grants Pass. "All its members" or "all
Councilors" means the total number of Councilors holding office.
D.
"County" means the County of Josephine.
E.
"Law" denotes applicable federal law, the Constitution and statutes of the
state, the ordinances of the City, and when appropriate, any and all rules
and regulations which may be promulgated thereunder.
F.
"May" is permissive.
G.
"Month" means a calendar month.
H.
"Must" and "Shall" are each mandatory.
I.
"Oath" includes an affirmation or declaration in all cases in which, by law,
an affirmation may be substituted for an oath, and in such cases the words
"swear" and "sworn" shall be equivalent to the words "affirm" and
"affirmed."
J.
"Owner" applied to a building or land, includes any part owner, joint owner,
tenant in common, joint tenant, tenant by the entirety, of the whole or a
part of such building or land.
K.
"Person" includes a natural person, joint venture, joint stock company,
partnership, association, club, company, corporation, business, trust,
organization, or the manager, lessee, agent, servant, officer or employee
of any of them.
L.
"Personal Property" includes money, goods, chattels, things in action and
evidences of debt.
M.
"Preceding" and "Following" mean next before and next after,
respectively.
N.
"Property" includes real and personal property.
O.
"Real Property" includes lands, tenements and hereditaments.
P.
"Sidewalk" means that portion of a street between the curbline and the
adjacent property line intended for the use of pedestrians.
Q.
"State" means the State of Oregon.
R.
"Street" includes all streets, highways, avenues, lanes, alleys, courts,
places, squares, curbs, or other public ways in this City which have been
or may hereafter be dedicated and open to public use, or such other public
property so designated in any law of this state.
S.
"Tenant" and "Occupant" applied to a building or land, include any person
who occupies the whole or a part of such building or land, whether alone
or with others.
T.
"Written" includes printed, typewritten, copied, or computer information
saved to disk or otherwise reproduced in permanent visible form.
U.
"Year" means a calendar year.
1.04.030 Interpretation of Language.
All words and phrases shall be construed according to the common and
approved usage of the language, but technical words and phrases and such
others as may have acquired a peculiar and appropriate meaning in the law shall
be construed and understood according to such peculiar and appropriate
meaning.
1.04.040 Grammatical Interpretation.
The following grammatical rules shall apply in the ordinances of the City unless it
is apparent from the context that a different construction is intended:
A.
Gender. The masculine includes the feminine.
B.
Singular and Plural. The singular number includes the plural and the
plural includes the singular.
C.
Tenses. Words used in the present tense include the past and the future
tenses and vice versa, unless manifestly inapplicable.
1.04.050 Acts by Agents or Designees.
When an act is required by an ordinance, the same being such that it may be
done as well by an agent or designee as by the principal, such requirement shall
be construed to include all such acts performed by an authorized agent or
designee.
1.04.060 Prohibited Acts Include Causing and Permitting.
Whenever in this Code or the ordinances of the City, any act or omission is made
unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering,
or concealing the fact of such act or omission.
1.04.070 Computation of Time.
Except when otherwise provided, the time within which an act is required to be
done shall be computed by excluding the first day and including the last day,
unless the last day is Sunday or a holiday, in which case it shall also be
excluded.
1.04.080 Construction.
The provisions of the ordinances of the City, and all proceedings under them are
to be construed with a view to effect their objects and to promote justice.
1.04.090 Repeal Shall not Revive any Ordinances.
The repeal of an ordinance shall not repeal the repealing clause of an ordinance
or revive any ordinance which has been repealed thereby.
Chapter 1.08
INITIATIVE AND REFERENDUM*
Sections:
1.08.010 Definitions.
1.08.020 Charter Amendment Procedures.
1.08.030 Submitting Prospective Petition.
1.08.040 Preparation of Ballot Title.
1.08.050 Council May Prepare Ballot Titles for Certain Measures.
1.08.060 Procedure for Persons Dissatisfied With a Ballot Title.
1.08.070 Form of Petition--Cover Sheet--Signature Sheets.
1.08.080 Referendum Filing Requirements.
1.08.090 Effective Date of Legislation.
1.08.110 Initiative Filing Requirements.
1.08.120 Filing Officer--Filing Requirements.
1.08.130 Procedure Following Filing of Initiative Petition.
1.08.140 Referendum Petition.
1.08.150 Numbering City Measures.
1.08.160 Retention of Petition Materials.
1.08.170 Conduct of Elections.
1.08.180 Post Election Procedures.
1.08.190 Unlawful Signing of Petitions.
1.08.010 Definitions.
As used in this Chapter:
A.
"Council" means the Grants Pass City Council.
B.
"County Clerk" means the Josephine County Clerk or the Josephine
County official in charge of elections.
C.
"Elector" means an individual qualified to vote under Section 2, Article II,
Oregon Constitution.
D.
"Measure" means any proposed law, ordinance or part of an ordinance of
the City, revision of or amendment to the Municipal Charter of the City, or
other municipal legislation, propositions or questions submitted to the
people for their approval or rejection at an election.
E.
"Petition" means the approved document circulated and filed, by the
petitioner, calling for an initiative, referendum or charter amendment
election.
F.
"Prospective Petition" means the information, except signatures and other
identification of petition signers, required to be contained in a completed
petition.
1.08.020 Charter Amendment Procedures.
Charter amendment procedures shall be identical with initiative petition
procedures.
1.08.030 Submitting Prospective Petition.
Before circulating a petition to initiate or refer any measure, the petitioner shall
file with the Administrative Services Director a prospective petition in a form
adopted by resolution of the Council. The Director shall immediately date and
time-stamp the prospective petition. The Director shall retain the prospective
petition.
1.08.040 Preparation of Ballot Title.
A.
When a prospective petition for a measure to be referred is filed with the
Administrative Services Director, the Director shall authorize circulation of
the referendum petition, in the form adopted by resolution of the Council,
which will contain the title of the measure as enacted by the Council, or, if
there is no such title, the title supplied by the petitioner filing the
prospective petition. The Director shall also provide the referendum
petitioner with a cover sheet form and signature sheet form pursuant to
subsections B and C of Section 1.08.070. The Director shall immediately
send 2 copies of the prospective petition to the City Attorney.
B.
When a prospective petition for a measure to be initiated is filed with the
Administrative Services Director, the Director shall immediately send two
copies of it to the City Attorney. The initiative petitioner shall not be
authorized to circulate the initiative petition until authorized to so proceed
pursuant to subsection A of Section 1.08.070.
C.
No later than the 5th day after receiving copies of the prospective petition,
the City Attorney shall provide a ballot title, prepared pursuant to Oregon
law, for the measure to be initiated or referred and return one copy of the
prospective petition and the ballot title to the Administrative Services
Director. In addition, the City Attorney shall send a copy of the ballot title
to the Council. Unless the Circuit Court certifies a different title, as
specified in Section 1.08.060, this ballot title shall be the title printed on
the ballot.
D.
Upon receiving the ballot title from the City Attorney, the Administrative
Services Director shall furnish a copy of the ballot title to the chief
petitioner.
1.08.050 Council may Prepare Ballot Titles for Certain Measures.
When the Council refers a measure to the people, a ballot title for the measure
may be prepared by the Council. Such ballot title shall then be filed with the
Administrative Services Director.
1.08.060 Procedure for Persons Dissatisfied with a Ballot Title.
A.
Any person dissatisfied with a ballot title filed with the Administrative
Services Director, by the City Attorney or Council, may petition the Circuit
Court, in Josephine County, seeking a different title and stating the
reasons the title filed with the Director is insufficient or unfair. The Circuit
Court petition must be filed not later than the 20th day after the ballot title is
filed with the Director. The Circuit Court shall review the ballot title and
measure to be initiated or referred, hear arguments, if any, and certify to
the Director the ballot title for the measure in question.
B.
Such ballot title review by the Circuit Court shall be the first and final
review, and shall be conducted expeditiously to insure the orderly and
timely circulation of the petition and conduct of the election at which the
measure is to be submitted to the voters.
1.08.070 Form of Petition--Cover Sheet--Signature Sheets.
A.
Upon receiving the ballot title from the City Attorney, Council, or Circuit
Court, the Administrative Services Director shall provide the petitioner with
an initiative petition, in the form adopted by resolution of the Council, and
the initiative petitioner will then be authorized to circulate the initiative
petition.
B.
The Administrative Services Director shall also provide initiative and
referendum petitioners with a cover sheet, in a form adopted by resolution
of the Council.
C.
Petitioners may then proceed to secure signatures on the signature sheets
with such signature sheets being in a form adopted by resolution of the
Council. During circulation of the signature sheets and upon filing of the
petition with the signature sheets, each signature sheet must be attached
to a cover sheet and a full and correct copy of the measure to be initiated
or referred. Signature sheets shall contain not more than 20 signatures
per sheet, and signatures in excess of 20 per sheet shall not be counted.
D.
Each signature sheet shall be verified on its face by the signed statement
of the circulator indicating:
1.
The individuals have signed the sheet in the presence of the
circulator.
2.
The circulator believes each individual is an elector registered in the
City.
3.
A full and correct copy of the measure and a cover sheet was
attached to the signature sheet at the time each individual signed
the signature sheet.
1.08.080 Referendum Filing Requirements.
A petition to refer a measure must be signed by electors, registered in the City, in
a number not less than 10 percent of the total number of votes cast for the office
of Mayor at the last mayoral election. The petition must be filed with the
Administrative Services Director not later than 30 days after the adoption of the
legislation sought to be referred.
1.08.090 Effective Date of Legislation.
Upon a referendum petition being filed in a timely fashion, such petition shall
have the effect of suspending the operation of the legislation in question until the
matter has been submitted to the people and their verdict has been determined
and proclaimed.
1.08.110 Initiative Filing Requirements.
A petition to initiate a measure must be signed by electors, registered in the City,
in a number not less than 15 percent of the total number of votes passed for the
office of Mayor at the last mayoral election.
1.08.120 Filing Officer--Filing Requirements.
A.
An initiative or referendum petition shall be filed with the Administrative
Services Director for signature verification by the County Clerk.
B.
An initiative or referendum petition shall not be accepted for filing if it
contains less than 100 percent of the required number of signatures.
1.08.130 Procedure Following Filing of Initiative Petition.
If an initiative petition contains the required number of verified signatures, the
Administrative Services Director shall file the initiated measure with the Council
at its next meeting. The Council, not later than 30 days after the measure is filed
with the Council, the Council shall adopt or reject the measure. If the measure is
not adopted, it shall be submitted to the voters on the next election date available
under Oregon law. The Council may refer a competing measure to the City
voters at the same election at which the initiated measure is submitted. If the
Council refers a competing measure to the City voters, it must prepare the
measure not later than 30 days after the initiated measure is filed with the
Council. The Mayor shall not have the power to veto an initiated measure or a
competing measure.
1.08.140 Referendum Petition.
If a referendum petition contains the required number of verified signatures, the
Administrative Services Director shall file the referendum measure with the
Council at its next meeting. The Council, not later than 30 days after the
measure is filed with the Council, shall adopt or reject the measure. If the
measure is not adopted, it shall be submitted to the City voters on the next
election date available under Oregon law.
1.08.150 Numbering City Measures.
The Administrative Services Director shall number City measures consecutively,
beginning with the number of 51, in the order in which the measures are filed with
the Director to be printed on the ballot.
1.08.160 Retention of Petition Materials.
The Administrative Services Director shall retain the petition, cover sheets and
signature sheets along with a copy of the measure in question. If the measure is
approved by the voters, a copy of the measure shall be preserved as a
permanent record, and the signature sheets shall be preserved for 6 years.
1.08.170 Conduct of Elections.
Any election held by virtue of this Chapter shall be conducted by the County
Clerk and shall be scheduled and conducted so as to conform to Oregon law.
1.08.180 Post Election Procedures.
It shall be the duty of the Mayor, within 15 days of the election date, the Mayor
shall issue his proclamation giving the number of votes cast for and against each
measure and declaring such measures as are approved by the majority of those
voting thereon to be in full force and effect from the date of such proclamation.
The proclamation shall be published at least once in a newspaper of general
circulation in the City and shall also be filed with the measure so approved.
1.08.190 Unlawful Signing of Petitions.
Any person who is a qualified elector of the State and the City may sign a petition
for a City initiative or referendum. It is unlawful for any person who is not a
qualified elector to sign any such petition. It is unlawful for any person to sign
any name other than his own to any such petition or knowingly to sign his name
more than once to the same petition for any measure to be submitted at the
same election. It is unlawful for any person to procure signatures to any petition
by fraud or misrepresentation or falsely to make any affidavit, certification or
written statement required by this Chapter.
Chapter 1.12
WARD BOUNDARIES
Sections:
1.12.010 Boundaries Designated.
1.12.020 Boundary Extension Upon Territorial Annexation.
1.12.010 Boundaries Designated.
For purposes of representation and election the City is divided into 4 Wards,
which are designated and bounded as follows:
A.
Ward No. 1 shall consist of all that portion of the City lying north of the
main line track of the Railroad and west of the center line of Sixth Street
extended north under Interstate 5 and following Scoville Road.
B.
Ward No. 2 shall consist of all that portion of the City lying north of the
main line track of the Railroad and east of the center line of Sixth Street
extended north under Interstate 5 and following Scoville Road
C.
Ward No. 3 shall consist of all that portion of the City lying south of the
main line track of the Railroad and east of the center line of Sixth Street
extended southerly across the Rogue River and continuing along the
Redwood Highway to the intersection of the Grants Pass Parkway, and
then southerly along Williams Highway.
D.
Ward No. 4 shall consist of all that portion of the City lying south of the
main line track of the Railroad and west of the center line of Sixth Street
extended southerly across the Rogue River and continuing along the
Redwood Highway to the intersection of the Grants Pass Parkway, and
thence Southerly along Williams Highway.
1.12.020 Boundary Extension Upon Territorial Annexation.
As additional territories are annexed to the City, they shall be added to and
become a part of the particular Ward in which each territory lies, as above
bounded and described, and the boundaries of the Wards shall be enlarged to
include such annexed territories.
Chapter 1.16
FUNDS
Sections:
1.16.010 Funds Established.
1.16.010 Funds Established.
The following funds are hereby established for the City of Grants Pass, a
Municipal Corporation of the State of Oregon.
a. General Fund
b. Downtown Development Fund
c. Transient Room Tax Fund
d. State Gas Tax Fund
e. Federal Revenue Sharing Fund
f. Community Development Block Grant Fund
g. Housing and Urban Development Fund
h. Special Tax Levy Fund
i. General Obligation Bond Fund
j. Revenue Bond Fund
k. Bancroft Bond Fund
l. Special Assessment Fund
m. Access Projects Fund
n. Sanitary Sewer Projects Fund
o. Water Projects Fund
p. Drainage Construction Fund
q. Lands and Buildings Projects Fund
r. Water Fund
s. Sewer Fund
t. Fleet Operations Fund
u. Administrative Services Fund
v. Support Services Fund
w. Insurance Fund
x. Trust Fund
x. Support Services Fund
y. Grants Pass Parkway Redevelopment Agency Fund
z. Parks Acquisition Fund
Chapter 1.20
GENERAL OBLIGATION IMPROVEMENT WARRANTS
Sections:
1.20.010 Issuance Pursuant to State Law.
1.20.020 Maximum Legal Interest Rate.
1.20.030 Preparation of Warrants.
1.20.010 Issuance Pursuant to State Law.
The City shall issue general obligation improvement warrants pursuant to, and
under the terms and conditions of, Oregon Revised Statutes 287.502 through
287.510.
1.20.020 Maximum Legal Interest Rate.
General obligation improvement warrants issued by the City shall not exceed the
maximum legal interest rate if any, and shall bear interest not to exceed the
lowest interest rate available from banking institutions located within the City.
1.20.030 Preparation of Warrants.
The Council, by resolution or ordinance, shall authorize the issuance of general
obligation improvement warrants. Upon receiving such authorization, the
Administration Services Director shall prepare the warrants for the signature of
the City Manager, and the City Manager's signature shall be attested to on the
face of the warrant by the Director.
Chapter 1.24
DEPOSITS AND ACCOUNTS
Sections:
1.24.010 Collection and Deposit of City Revenue.
1.24.020 Commingling of City and Personal Accounts Prohibited.
1.24.010 Collection and Deposit of City Revenue.
Every employee or agent of the City who receives or collects monies for the City
from any person, firm, company or corporation shall immediately pay the same to
the Administrative Services Department, which shall deposit said monies in the
appropriate fund or account.
1.24.020 Commingling of City and Personal Accounts Prohibited.
Employees and agents of the City collecting or receiving any monies for the City
shall not co-mingle said monies with other accounts.
Chapter 1.28
DISPOSITION OF LOST OR STOLEN PROPERTY
Sections:
1.28.010 Impoundment of Abandoned Motor Vehicles or Property.
1.28.020 Ownership Inquiry.
1.28.030 Notification of State and Owner.
1.28.040 Notice of Auction or Transfer.
1.28.050 Restitution to Owner.
1.28.060 Sale of Unclaimed Motor Vehicle or Other Personal Property.
1.28.070 Delivery of Bill of Sale.
1.28.080 Deposit of proceeds in General Fund.
1.28.010 Impoundment of Abandoned Motor Vehicles or Property.
It is the duty of the Public Safety Department of the City, whenever a motor
vehicle or other personal property shall be found abandoned upon the streets of
the City, or be found without an owner claiming the same, or shall, by reason of
arrest or in any other manner, come into the hands of the Public Safety
Department without a claimant, either to place the same upon the City
warehouse grounds for further disposition, or store the same with some reputable
motor vehicle storage yard, garage or other storage place pending investigation
into the ownership of the personal property.
1.28.020 Ownership Inquiry.
The officers of the Public Safety Department upon finding such vehicle or
personal property or coming into possession of the same, shall make diligent
inquiry of all available persons as to the name and address of the owner,
conditional vendor or mortgagee or any other person interested therein and shall
examine the motor vehicle or other personal property for license number, motor
number, serial number, make and style, and for any other information which will
aid in the identification of such motor vehicle or personal property and in the
identification of the owner, conditional vendor, mortgagee or other interested
person.
1.28.030 Notification of State and Owner.
A.
If the personal property be a motor vehicle, the Public Safety Department
shall, after having acquired all the information reasonable available,
immediately transmit the same to the secretary of state with an inquiry for
the name and address of the owner, conditional vendor, mortgagee or
other person interested.
B.
If the owner, conditional vendor, mortgagee or other person interested in
the property be found and identified, he shall be immediately notified by
registered letter that the personal property is held by the Public Safety
Department of the City and may be sold at public auction at the City
warehouse grounds, or other place where the property may be stored, on
a day certain at 10:00 a.m. of such day, to the highest and best bidder for
cash, which sale shall not be held until 10 days have elapsed following the
mailing of such notice to the owner by registered mail or the delivery
thereof to him in person.
1.28.040 Notice of Auction or Transfer.
If the owner, conditional vendor, mortgagee or other person interested in the
personal property cannot be found after due diligence as set out in Section
1.28.030, the Public Safety Director shall cause to be published in a newspaper
published in the City, a notice embodying the foregoing information, or publish a
"notice of finding" with similar information, either of which shall be published
4 times, the first publication of which shall be made more than 10 days before
such proposed sale. Such published notice shall be given as well when
personal, notice has been given to the owner, conditional vendor, mortgagee or
other person interested, as provided in Section 1.28.030.
1.28.050 Restitution to Owner.
If the owner, conditional vendor, mortgagee or other interested person shall apply
to the Public Safety Director before a sale shall have taken place, for the return
of the motor vehicle or personal property, and shall submit through the Director
satisfactory evidence of his interest therein, and shall tender with the application
the costs in the seizing, keeping, and making sale of the motor vehicle or
personal property, the Director upon being satisfied that the claim is rightful, shall
surrender the same to the claimant.
If the Public Safety Director has published a notice of finding, in accordance with
the provisions of this Chapter, then upon approval of the City Manager, the
property shall be transferred to public use by entering it on the City's fixed asset
inventory, after being held for 6 months.
1.28.060 Sale of Unclaimed Motor Vehicle or Other Personal Property.
If no claim shall have been made before the time set for the sale of the motor
vehicle or other personal property, the Public Safety Director shall, on the City
warehouse grounds or other place where the property is stored, at the time
appointed, within view of the motor vehicle or other personal property to be sold,
offer the same for sale, and shall sell the property to the highest and best bidder
for cash, and in default of bids from others for a greater sum, shall bid the same
for the City at the amount of its costs incurred in the seizing, keeping and offering
for sale of the property.
1.28.070 Delivery of Bill of Sale.
Upon such sale being consummated the Public Safety Director shall make,
execute and deliver upon behalf of and in the name of the City, a bill of sale
signed by himself as Public Safety Director of the City, conveying the vehicle to
the purchaser, and coincidentally therewith shall deliver possession of such
motor vehicle to the purchaser.
1.28.080 Deposit of Proceeds in General Fund.
Such sale and conveyance shall be without redemption and the proceeds thereof
shall go into the general fund of the City.
Chapter 1.32
ELECTIONS
Sections:
1.32.010 Nominations.
1.32.020 Fee for Declaration of Candidacy.
1.32.030 Election Procedure.
1.32.040 Administrative Authority.
1.32.010 Nominations.
Individual nominating petitions and any declaration of candidacy, for the office of
Mayor or Councilor, shall be prepared pursuant to the City Charter and filed with
the Administrative Services Director no sooner than May 15 in any even
numbered year and not later than 5 days prior to the date on which the
Administrative Services Director is required to certify candidates and measures
to the County Clerk for general election, which certification shall be made not
later than 70 days before the date of the general election.
1.32.020 Fee for Declaration of Candidacy.
Any declaration of candidacy submitted to the Administrative Services Director
shall be accompanied by a fee of 10 dollars. No fee shall accompany any
nominating petition.
1.32.030 Election Procedure.
The manner of election and preparing the general election ballot shall be the
same as the state provisions now or hereafter in effect for the nonpartisan
election of district attorneys, subject to the following modifications:
A.
Candidates for the office of Mayor and Councilor shall be only elected at a
general biennial election, and no primary election shall be held pertaining
to any said office. Due to the foregoing, the provisions of ORS 252.610
through 252.670 as now written or hereafter amended and which pertain
to a primary election for the election of district attorney shall not apply to
the election of Mayor and Councilor.
B.
In any nominating petition or declaration of candidacy, no reference shall
be made to any political party, ballot, or to the political party affiliation of a
candidate. There may be attached to or contained in any such petition or
declaration a statement not exceeding 10 words of the qualifications and
experience of said candidate and also a declaration by the candidate that,
if nominated and elected, such candidate will qualify for office.
C.
The name of any candidate shall be printed separately on the ballot at the
general election under the designation "Vote for One" and provision shall
be made so the elector may write the name of any other person for whom
the elector wishes to vote for the office of Mayor or Councilor.
D.
Where there is more than one candidate for an office the names of the
candidates shall be rotated on the ballot in the same manner as the
names of candidates are rotated on the ballot in general elections.
1.32.040 Administrative Authority.
To the fullest extent authorized by law the County Clerk shall administer general
biennial elections pertaining to the election of Mayor and Councilors of the City,
except as otherwise provided by Charter or ordinance of the City.
Chapter 1.36
VIOLATION--PENALTY
Sections:
1.36.010 Violation--Penalty.
1.36.010 Violation--Penalty.
A.
Any person violating any of the provisions or failing to comply with any of
the mandatory requirements of any provision of this code is guilty of a
Violation.
B.
PROCEDURE: A Violation may be prosecuted in Municipal Court or in the
Circuit Court of the State of Oregon. The burden of proof for finding of
guilty of a Violation shall be a preponderance of evidence. Proof of a
culpable mental state is not required for a conviction. Persons accused of
a Violation of this ordinance shall be tried to the Court, without a jury, and
shall not be entitled to Court appointed legal representation unless
required by the Constitutions of the State of Oregon or the United States.
C.
MAXIMUM FINE: Except in cases where a different punishment is
prescribed by any provision of this Code, any person convicted of such
Violation shall be punished by a fine not to exceed $500. In addition to
said fine, the Court may also assess court costs against the defendant.
D.
CONTINUING VIOLATIONS: Each day’s violation of a provision of this
Code constitutes a separate offense and may be prosecuted and
punished accordingly.
E.
RESTITUTION: Upon a finding of guilty, a Court may also order
restitution to any person or business, including the City, who has been
damaged by the defendant’s conduct.
F.
RESTRICTED PARKING PENALTIES: Violations of the Restricted
Parking provisions of Chapter 6.04 shall be subject to the fines noted in
this subsection and shall be processed with a Notice of Violation form as
noted in Chapter 6.06 – “Parking Violations, Procedures and Citations”
and per the requirements of Title 6.
1.
A violation of Section 6.04.030 Parking in Two Hour Parking
Spaces, shall result in a fine in the amount of $2 which shall be
paid within 3 days of the date the Notice of Violation is issued.
2.
A violation of Section 6.04.010 Parking in Fifteen Minute Parking
Spaces, Section 6.04.020 Parking in Thirty Minute Parking Spaces,
Section 6.04.040 Parking in Three Hour Parking Lots, or Section
6.04.060 Method of Parking shall result in a fine in the amount of $5
which shall be paid within 3 days of the date the Notice of Violation
is issued.
3.
Any other violation of Chapter 6.04 shall result in a fine in the
amount of $25, which shall be paid within 3 days of the date the
Notice of Violation is issued.
G.
CITATIONS: Police Officers, Community Service Officers, and Code
Enforcement Officers are authorized to use State of Oregon UCC forms to
cite an individual into Court for all violations of the Grants Pass Municipal
Code, except those violations set forth in Chapter 6.04.
H.
BASE FINE PROCEDURE: Except for those violations set forth in
Chapter 6.04, although a Court is authorized to fine up to the maximum
amount of $500 as noted above, the Base Fine amounts listed below shall
be specified on each citation for each violation of the Municipal Code.
Upon the entering of a plea of guilty to the violation, Court personnel are
authorized to impose the Base Fine for each violation, or the reduced
amount for a first offense or second offense for the same violation as
noted below.
I.
WRITTEN WARNING: The Base Fine and the amount of any reductions
shall be increased by $100 if the Officer issuing the citation notes on the
citation that the defendant was warned of the violation in writing not less
than one week prior to issuance of the citation.
J.
BASE FINE FOR VIOLATIONS OF TITLE 5: Except for those
violations noted in subsections K, herein, the Base Fine for a violation of
the provisions of Title 5 - “Nuisances and Offenses” shall be $295 (this
shall include a unitary assessment of $35, a county assessment of $20,
and a remaining fine of $240. Upon a plea of guilty to a 1st offense for the
particular violation, the penalty may be reduced by Court personnel to
$180 (this shall include a unitary assessment of $35, a county assessment
of $20, and a remaining fine of $125). Upon a plea of guilty to a 2nd
offense for the same violation, the penalty may be reduced by Court
personnel to $225 (this shall include a unitary assessment of $35, a
county assessment of $20, and a remaining fine of $170). The Base Fine
and any penalty reduction shall be increased as provided in subsection I.
K.
BASE FINE FOR CURFEW AND DRINKING VIOLATIONS, AND
FOR OTHER VIOLATIONS OF THE MUNICIPAL CODE: The Base
Fine for violations of Curfew for Minors (Chapter 5.60), Drinking in Public
Places (Chapter 5.68), and all other provisions of the Grants Pass
Municipal Code (except for violations of Chapter 6.04 – “Restricted
Parking”) shall be $75 (this shall include a unitary assessment of $35, a
county assessment of $12, and a remaining fine of $28). Upon a plea of
guilty to a 1st offense for the particular violation, the penalty may be
reduced by Court personnel to $35 (this shall include a unitary
assessment of $35, with no county assessment and no remaining fine).
Upon a plea of guilty to a 2nd offense for the same violation, the penalty
may be reduced by Court personnel to $50 (including a unitary
assessment of $35, a county assessment of $5, and a remaining fine of
$10). The Base Fine and any penalty reduction shall be increased as
provided in subsection I.
L.
SEIZURE: If a citation involves the use of a bicycle, skateboard, roller
skates, or roller blades, (including failure to have a helmet on during
operation) and the offense is committed in the Officer’s presence, the
Officer may seize and the Public Safety Department may retain
possession of the item for a period of up to one week. If it is a second
citation for the same offense within a 1-year period, the Officer may seize
and the Public Safety Department may retain possession of the item for a
period of up to 1 month. If it is a third citation for the same offense within
a 1-year period, the Officer shall seize the item and the Public Safety
Department shall retain possession of the item until disposition of the
underlying citation has been concluded, and if convicted or upon a plea of
guilty, the item shall be forfeited by the Court and disposed of by the City
through public auction.
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