Chapter 93

PERSON IN CHARGE OF PROPERTY. An agent, occupant, lessee, contract purchaser or other person having possession or control of property or the supervision of any construction project.

PERSON RESPONSIBLE. The person responsible for abating a nuisance shall include the following.

(1) The owner.

(2) The person in charge of property, as defined in this section.

(3) The person who caused to come into or continue in existence a nuisance as defined in this chapter or another ordinance of this city.

PUBLIC PLACE. A building, way, place or accommodation, whether publicly or privately owned, open and available to the general public.

(’91 Code, § 4-4.1) (Ord. 911, passed 4-28-87)

93.02 NUISANCES DECLARED.

The acts, conditions or objects specifically enumerated and defined in this chapter are declared public nuisances; and such acts, conditions or objects may be abated by any of the procedures set forth in §§ 93.70 through 93.75 of this chapter.

(’91 Code, § 4-4.45) (Ord. 911, passed 4-28-87)

ANIMALS

93.10 CARCASS REMOVAL.

(A) No person shall permit a carcass of an animal, dog or cat owned or controlled by him to remain upon public property, or to be exposed on private property, for a period of time longer than is reasonably necessary to remove or dispose of the carcass.

(B) No person shall permit animal, cat or dog feces to remain on property controlled by the person for a period of time longer than is reasonably necessary to remove and dispose of the feces.

(’91 Code, § 4-4.2) (Ord. 911, passed 4-28-87) Penalty, see § 93.99

93.11 AT-LARGE ANIMALS.

(A) No owner or person in charge of an animal shall permit the animal to be at large.

(B) Any animal found at large may be taken into custody by the city police and held by the city or a designated facility. If the owner or person in charge of the animal is known, that person shall be notified in writing of the impoundment and given notice that unless the fee for transfer of the animal to the place of impoundment, costs of care and feeding of the animal together with an administrative fee of not more than $20 are paid to the city within no less than five days (or eight days in the event of notification by mail) from the date of notification, the owner’s rights will be forfeited, and the animal may be handled according to the place of impoundment’s policies, rules and regulations, including humane destruction of the animal. Notification of the owner or person in charge will be effective upon personal delivery of the notice or mailing a first-class letter to the last known address of the owner or person in charge of an impounded animal.

(’91 Code, § 4-4.4) (Ord. 911, passed 4-28-87; Am. Ord. 1251, passed 4-9-19) Penalty, see § 93.99

Cross reference:

Animals, see Ch. 90

93.12 SWINE.

No person shall keep any pig, hog or swine within the city.

(’91 Code, § 4-4.5) (Ord. 911, passed 4-28-87) Penalty, see § 93.99

93.13 HORSES.

Except as authorized by the city Police Department for police or public safety, no person shall permit any horse owned by him/her or under his/her control to be in or upon any public park property except on a designated bridle path.

(’91 Code, § 4-4.6) (Ord. 911, passed 4-28-87; Am. Ord. 1099, passed 6-25-02) Penalty, see § 93.99

93.14 DANGEROUS ANIMALS.

No person may permit a wild or domesticated dangerous animal to run at large. No person may keep any dangerous or venomous reptile in captivity, or transport any snake into the city.

(’91 Code, § 4-4.7) (Ord. 911, passed 4-28-87) Penalty, see § 93.99

93.15 PROHIBITED ANIMALS.

No person shall keep any stud horse, uncastrated male bovine (bull), male domesticated chicken (rooster), or peafowl, within the city.

(Ord. 1255, passed 11-26-19)

NUISANCES AFFECTING PUBLIC HEALTH

93.25 ENUMERATION OF NUISANCES.

No person shall cause or permit on property owned or controlled by him/her a nuisance affecting public health. The following are nuisances affecting public health and may be abated as provided in this chapter.

(A) Privies. Open vaults or privies constructed and maintained within the city, except those constructed or maintained in connection with construction projects in accordance with the health division regulations.

(B) Debris. Accumulations of debris, rubbish, manure and other refuse that are not removed within a reasonable time and that affect the health of the city.

(D) Water pollution. Pollution of a body of water, well, spring, stream or drainage ditch by sewage, industrial wastes or other substances placed in or near the water in a manner that will cause harmful material to pollute the water.

(E) Food. Decayed or unwholesome food which is offered for human consumption.

(F) Odor. Premises which are in such a state or condition as to cause an offensive odor or which are in an unsanitary condition.

(G) Surface drainage. Drainage of liquid wastes from private premises.

(H) Septic tanks. Septic tanks which are in an unsanitary condition or which cause an offensive odor.

(’91 Code, § 4-4.11) (Ord. 911, passed 4-28-87) Penalty, see § 93.99

NUISANCES AFFECTING PUBLIC SAFETY

93.35 CONTAINERS.

No owner or person in charge of property shall create a hazard by maintaining or leaving in a place accessible to children a container with a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot be easily opened from the inside.

(’91 Code, § 4-4.15(1)) (Ord. 911, passed 4-28-87) Penalty, see § 93.99

93.36 WELLS AND HOLES.

No owner or person in charge of property shall create a hazard by being the owner or otherwise having possession of property upon which there is a well, cistern, cesspool, excavation or other hole of a depth of four feet or more and a top width of 12 inches, or more, fail or refuse to cover or fence it with a suitable protective construction.

(’91 Code, § 4-4.15(2)) (Ord. 911, passed 4-28-87) Penalty, see § 93.99

93.37 FENCES.

(A) No owner or person in charge of property shall create a hazard by being the owner or otherwise having possession of property which there is a fence that is not structurally stable or which is in such disrepair that children could get through the disrepaired areas.

(’91 Code, § 4-4.15(3))

(B) (1) No owner or persons in charge of property shall construct or maintain a barbed-wire fence thereon, or permit barbed-wire to remain as part of a fence along a sidewalk or public way; except the wire may be placed above the top of other fencing not less than six feet high.

(2) No owner or person in charge of property shall construct, maintain or operate an electric fence along a sidewalk or public way or along the adjoining property of another person.

(’91 Code, § 4-4.21)

(Ord. 911, passed 4-28-87) Penalty, see § 93.99

93.38 ATTRACTIVE NUISANCES.

(A) No owner or person in charge of property shall not permit thereon any of the following.

(1) Unguarded machinery, equipment or other devices which are attractive, dangerous and accessible to children.

(2) Lumber, logs or piling placed or stored in a manner as to be attractive, dangerous and accessible to children.

(3) An open pit, quarry, cistern or other excavation projects without reasonable safeguards to prevent injury or death to playing children.

(B) This section shall not apply to authorized construction projects with reasonable safeguards to prevent injury or death to playing children.

(’91 Code, § 4-4.16) (Ord. 911, passed 4-28-87) Penalty, see § 93.99

93.39 SNOW AND ICE.

No owner or person in charge of property, improved or unimproved, abutting on a public sidewalk shall permit the following.

(A) Snow to remain on the sidewalk for a period longer than the first two hours of daylight after the snow has fallen.

(B) Ice to remain on the sidewalk for more than two hours of daylight after the ice has formed unless the ice is covered with sand, ashes or other suitable material to assure safe travel.

(’91 Code, § 4-4.17) (Ord. 911, passed 4-28-87)

93.40 NOXIOUS VEGETATION.

(A) Between April 1 and November 1 of any calendar year, no owner or person in charge of property may allow noxious vegetation to be on the property or in the right-of-way of a public thoroughfare abutting on the property within the city limits. It shall be the duty of an owner or person in charge of property to cut down and haul away or to destroy grass, shrubbery, brush, bushes, weeds, or other noxious vegetation as often as needed to prevent them from becoming unsightly.

(B) Definitions.

(1) The term NOXIOUS VEGETATION does not include vegetation that constitutes an agricultural crop, unless that vegetation is a health hazard or a fire or traffic hazard within the meaning of subsection (B)(2) of this section.

(2) The term NOXIOUS VEGETATION does include any of the following:

(a) Vegetation more than ten inches high and not within the exception stated in subsection (B)(1) of this section and that does not create a fire or traffic hazard.

(b) Vegetation that is either: (1) a health hazard; (2) a fire hazard because it is near other combustibles, (3) a traffic hazard because it impairs the view of a public thoroughfare or right-of-way; (4) impairing the use of any public thoroughfare or right-of-way; or (5) maturing or allowed to go to seed and/or spreading to abutting properties.

(’91 Code, § 4-4.18) (Ord. 911, passed 4-28-87; Am. Ord. 1251, passed 4-9-19) Penalty, see § 93.99

93.41 RUBBISH.

No person shall deposit upon public or private property any kind of rubbish, trash, debris, refuse or any substance that would mar the appearance, create a stench or fire hazard, detract from the cleanliness or safety of the property or would be likely to injure a person, animal or vehicle traveling upon a public way.

(’91 Code, § 4-4.19) (Ord. 911, passed 4-28-87) Penalty, see § 93.99

93.42 TREES.

No owner or person in charge of property shall allow to stand a dead or decaying tree that is a hazard to the public or to persons or property on or near the property.

(’91 Code, § 4-4.20) (Ord. 911, passed 4-28-87) Penalty, see § 93.99

93.43 SURFACE WATERS; DRAINAGE.

(A) No owner or person in charge of a building or structure shall allow or permit rainwater, ice or snow to fall from the building or structure onto a street or public sidewalk or to flow across the sidewalk.

(B) The owner or person in charge of property shall install and maintain in proper state of repair adequate drainpipes or a drainage system, so that any overflow water accumulating on the roof or about the building is not carried across or upon the sidewalk.

(’91 Code, § 4-4.22) (Ord. 911, passed 4-28-87) Penalty, see § 93.99

NUISANCES AFFECTING PUBLIC USE AND ENJOYMENT

93.55 RADIO AND TELEVISION INTERFERENCE.

(A) No person shall operate or use an electrical, mechanical or other device, apparatus, instrument or machine that causes reasonably preventable interference with radio or television reception by a radio or television receiver of good engineering design.

(B) This section does not apply to devices licensed, approved and operated under the rules and regulations of the Federal Communications Commission.

(’91 Code, § 4-4.31) (Ord. 911, passed 4-28-87) Penalty, see § 93.99

93.56 JUNK.

(A) No person responsible shall keep any junk outdoors on any street, lot or premises, or in a building that is not wholly or entirely closed.

(B) Definitions.

(1) JUNK as used in this section includes all inoperative vehicles, abandoned vehicles, unlicensed vehicles, old vehicle parts, old machinery, old machinery parts, old appliances or parts thereof, appliances that are not being used for the purpose they are manufactured for, discarded furniture, mattresses, carpeting, old or scrap copper, brass, lead, or any other non-ferrous metal, old or discarded exercise equipment, machines, or parts thereof, old or discarded rope, rags, batteries, paper, trash, rubber, debris, waste or used lumber, or salvaged wood, iron, steel or other old or scrap ferrous materials, old or discarded glass, tinware, plastic or old or discarded household goods or hardware, old or discarded cardboard, wooden pallets or other shipping materials, and old or discarded apparel. Neatly stacked firewood located on a side yard or a rear yard is not considered junk.

(2) INOPERATIVE VEHICLE is a vehicle that cannot be immediately operated.

(D) This section shall not apply to repair work being done on vehicles when the repairs last less than 30 days or when the repairs are done on a vehicle not located on private property.

(’91 Code, § 4-4.32) (Ord. 911, passed 4-28-87; Am. Ord. 1251, passed 4-9-19) Penalty, see § 93.99

93.57 OUTDOOR BURNING.

(A) Definitions. As used in this section, the following definitions shall apply:

CITY means the city of Prineville.

COMPLETELY EXTINGUISHED means that there shall not be any smoke coming from the burn barrel or burn pile and the burn barrel or burn pile shall contain no smoldering material, nor ashes or embers.

FIRE SEASON is that part of a year that Crook County Fire and Rescue designates, based upon weather, the amount of fuel, and moisture content of the fuel, as to when the likelihood of fire is greatly increased. Historically, the fire season runs from a day in June through a day in September of each year.

NO BURN DAY means a day designated by Crook County Fire and Rescue in which certain outdoor burning is inappropriate and/or unsafe.

OPEN PILE, OPEN BURN PILE, or BURN PILE shall mean an open ground level fire with a fuel area larger than a recreational fire.

OUTDOOR BURNING means burning material outdoors in a burn barrel, an open burn pile, or a recreational fire.

RECREATIONAL FIRE means an open ground level fire in which the total fuel area shall be three feet or less in diameter and two feet or less in height.

(B) Burn permits. Annual permits to burn are required before using burn barrels or open burn piles. Burn permits shall be effective January 1 through December 31 of the same year. The annual fee for each permit shall be as established by city resolution. The permit must be shown to a city or Crook County Fire and Rescue representative upon request. The permit will be issued to the applicant for burning items in a burn barrel or in an open pile at a specific address and such permit is not transferable to any other address. All persons burning in a burn barrel or in an open pile inside city limits shall keep a copy of the Crook County Fire and Rescue Outdoor Burning Regulations at the burn site.

(1) There shall be no burning upon restriction by Crook County Fire and Rescue due to fire/safety conditions.

(2) There shall be a person 14 years of age or over who is equipped with adequate fire suppression equipment physically present at the burn barrel, burn pile, or recreational fire at all times burning is done.

(3) The burn barrel, burn pile, or recreational fire shall be at least 25 feet away from any combustibles, vegetation, structures, or property boundary line and a ten-foot fuel break exposing mineral soil must be maintained around the burn barrel, open pile, or recreational fire.

(4) Burning shall be conducted in a manner and in conditions that prevent any burning materials, sparks, or embers going onto any combustible material.

(D) Burn barrels. Persons burning in a burn barrel must meet all the following requirements in addition to the requirements under subsection (C) of this section:

(1) The burn barrel must be covered with a maximum one-quarter-inch screen in good condition.

(2) There shall be no holes in the burn barrel except for air holes not less than one-quarter inch in diameter. There shall be no holes in the burn barrel caused by rust rot.

(3) Only dry paper shall be burned in the burn barrel.

(4) City Planning staff shall review and determine if property upon which the burn barrel is located has adequate area for compliance with the 25-foot setback prior to issuance of city permit for burn barrel.

(5) All burning in burn barrels may be done daily except for holidays set out under Oregon law and no burn days. Burning may be done beginning at 9:00 a.m. and be completely extinguished two hours before sunset except during a fire season when burning shall begin no earlier than 9:00 a.m. and be completely extinguished at noon.

(6) There must be a valid burn permit issued for the address for which the burn barrel is located.

(7) Prior to burning, the burn permit holder shall check the Crook County Fire and Rescue website, the city’s website, or call (541) 447-5011 to verify that burning is allowed.

(E) Open piles. Persons burning in an open pile must meet the following requirements in addition to those requirements in subsection (C) of this section:

(1) Open burn piles must only contain dry leaves, dry wood, or dry paper.

(2) Burn piles may not exceed six feet in diameter and three feet in height.

(3) City Planning staff shall review and determine if property has adequate area for compliance with the 25-foot setback prior to issuance of city permit for burn pile.

(4) All burning in open piles may be done daily except for holidays set out under Oregon law, on no burn days, and during the fire season. Burning may be done beginning at 9:00 a.m. and be completely extinguished two hours before sunset.

(5) There must be a valid burn permit issued for the address for which the burn pile is located.

(6) Prior to burning, the burn permit holder shall check the Crook County Fire and Rescue website, the city’s website, or call (541) 447-5011 to verify that burning is allowed.

(F) Subsection (E) of this section shall not apply to any fire in which the Crook County Fire and Rescue has agreed to participate.

(G) All commercial, construction, and demolition open burning is prohibited within the city limits.

(H) Recreational fire. Persons burning a recreational fire must meet the following requirements in addition to those requirements in subsection (C) of this section:

(1) No permit is required, but City Planning staff shall review and determine if the property upon which the recreational fire is located complies with the 25-foot setback.

(2) There shall be no recreational fires during the fire season on days designated as no burn days.

(3) A recreational fire must only contain dry leaves, dry wood, or dry paper.

(I) There shall be no burning upon restriction by the Fire Department due to fire/safety conditions. The Crook County Fire and Rescue Fire Chief is empowered to implement city outdoor burning regulations through Crook County Fire and Rescue programs. Crook County Fire and Rescue and local law enforcement are empowered to enforce city outdoor burn regulations.

(J) Penalties. The maximum penalty for a person responsible for each violation of this section shall be $500. Upon first conviction the fine shall be not less than $50. Upon a second conviction the fine shall be not less than $100, and on the third and subsequent convictions the fine shall be $500 and there shall be no further burn permits issued for burning at the address of the third conviction or issued to any person who has been convicted of violating this section three or more times.

(Ord. 1022, passed 9-12-95; Am. Ord. 1108, passed 12-9-03; Am. Ord. 1139, passed 11-14-06; Am. Ord. 1217, passed 9-22-15)

Cross reference:

Uniform Fire Code, see Ch. 95

93.58 NOISE.

(A) Purpose. This section is enacted to protect, preserve, and promote the health, safety, welfare, peace, and quiet of the citizens of the City of Prineville through the reduction, control, and prevention of loud and raucous noise, or any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety; or causes public inconvenience, annoyance or alarm to reasonable persons of ordinary sensitivity. Nothing in this section shall limit the city or state in enforcing the regulations of Oregon Administrative Rule 340, Division 35 – Noise Control Regulations.

(B) Findings. The City Council of the City of Prineville finds:

(1) Loud and raucous noise degrades the environment of the city to a degree that:

(a) Is harmful to the health, welfare, and safety of its inhabitants and visitors;

(b) Interferes with the comfortable enjoyment of life and property;

(d) Both causes and aggravates health problems.

(2) Both the effective control and the elimination of loud and raucous noise are essential to the health and welfare of the city’s inhabitants and visitors, and to the conduct of the normal pursuits of life, including recreation, work, and communication.

(3) The use of sound amplification equipment creates loud and raucous noise that may, in a particular manner and at a particular time and place, substantially and unreasonably invade the privacy, peace, and freedom of inhabitants of, and visitors to, the city.

(4) Certain short-term easing of noise restrictions is essential to allow the construction and maintenance of structures, infrastructure, and other elements necessary for the physical and commercial vitality of the city.

(5) The obligation to draft regulations that affect speech in a content-neutral fashion is of paramount importance to protect the freedom of expression guaranteed by Article I, Section 8, of the Oregon Constitution and the First Amendment of the United States Constitution. This section enacts narrowly drawn, content-neutral regulations that are to be interpreted as such so as not to infringe upon constitutionally protected rights.

(D) Definitions.

CITY means the City of Prineville.

CITY MANAGER means the City Manager or designee.

EMERGENCY means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.

EMERGENCY WORK means any work performed for the purpose of preventing or alleviating physical trauma or property damage, whether actually caused or threatened by an emergency, or work by private or public utilities when restoring utility service.

NOISE SENSITIVE AREA includes, but is not limited to, real property normally used for residential and/or sleeping purposes, or normally used as a school, church, hospital or public library.

PERSON means any individual, firm, association, partnership, joint venture, or corporation.

PLAINLY AUDIBLE means any sound that can be detected by a reasonable person of ordinary sensitivities using his or her unaided hearing faculties.

PUBLIC RIGHT-OF-WAY means any street, avenue, boulevard, highway, sidewalk, alley, or similar place normally accessible to the public which is owned or controlled by a government entity.

PUBLIC SPACE means any real property or structures on real property, owned by a government entity and normally accessible to the public, including but not limited to parks and other recreational areas.

RESIDENTIAL AREA means any real property which contains a structure or building in which one or more persons reside; provided, that the structure or building is properly zoned, or is legally nonconforming, for residential use in accordance with the terms and maps of the city’s zoning ordinance.

(E) General prohibition.

(1) No person shall make, continue, or cause to be made or continued:

(a) Any unnecessary or unreasonably loud or raucous noise; or

(b) Any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity, within the jurisdictional limits of the city; or

(c) Any noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to any persons within the neighborhood from which said noises emanate, or as to unreasonably interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to detrimentally or adversely affect such residences or places of business.

(2) Factors for determining whether a sound is unreasonably loud and raucous include, but are not limited to, the following:

(a) The proximity of the sound to sleeping facilities, whether residential or commercial;

(b) The land use, nature, and zoning of the area from which the sound emanates and the area where it is received or perceived;

(d) The duration of the sound; and

(e) Whether the sound is recurrent, intermittent, or constant.

(F) Noises prohibited. The following acts are declared to be per se violations of this section. This enumeration does not constitute an exclusive list:

(1) Unreasonable noises. The unreasonable making of, or knowingly permitting to be made, any unreasonably loud, unnecessary, boisterous or unusual noise, disturbance, commotion or vibration. The ordinary and usual sounds, noises, commotion or vibration incidental to the operation of any residential, commercial or public property when conducted in accordance with the usual standards of practice and in a manner which will not unreasonably disturb the peace and comfort of adjacent residences or which will not detrimentally affect the operators of adjacent places of business are exempted from this provision.

(2) Vehicle horns, nonemergency signaling devices, and similar devices. The unreasonable and/or unnecessary sounding of any horn, nonemergency signaling device, or other similar device.

(3) Radios, televisions, stereos, loudspeakers, musical instruments and similar personal sound making devices. The use or operation of a radio, television, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and which unreasonably disturbs the peace, quiet, and comfort of neighbors in residential or noise sensitive areas.

(4) Yelling, shouting, and similar activities. Yelling, shouting, hooting, whistling, or singing in residential or noise sensitive areas or in public places at any time or place so as to unreasonably disturb the quiet, comfort, or repose of reasonable persons of ordinary sensitivities.

(5) Animals and birds. Unreasonably loud and raucous noise emitted by an animal or bird for which a person is responsible. A person is responsible for an animal if the person owns, controls or otherwise cares for the animal or bird.

(6) Loading or unloading merchandise, materials, equipment. The creation of unreasonably loud, raucous, and excessive noise in connection with the loading or unloading of any vehicle at a place of business or residence.

(7) Construction or repair of buildings, excavation of streets and highways. All outdoor construction shall be conducted in compliance with the hours listed in § 113.02, Hours set, unless exempted under subsection (G) of this section.

(8) Power tools and similar devices. The operation of power tools or similar devices in residential or noise sensitive areas which creates unreasonably loud and raucous noise or which creates a noise that would be reasonable except for the time of day/night in which the noise takes place.

(9) Commercial establishments adjacent to residential property. Unreasonably loud and raucous noise from the premises of any commercial establishment, including any outdoor area which is part of or under the control of the establishment.

(10) Idling of commercial motor vehicles. In accordance with Oregon House Bill 2081, no commercial motor vehicle shall be allowed to idle for more than five minutes in any continuous 60-minute period, except as authorized as an exception under House Bill 2081.

(G) Exemptions. Sounds caused by the following are exempt from the prohibitions set out in subsection (F) of this section and are in addition to the exemptions specifically set forth in subsection (F) of this section:

(1) Motor vehicles on traffic ways of the city; provided, that they do not create unmuffled engine or braking noise and the prohibitions of subsections (F)(2) and (3) of this section continue to apply.

(2) Sirens, whistles, or bells lawfully used by emergency vehicles, or other alarm systems used in case of fire, collision, civil defense, police activity, or imminent danger.

(3) The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work.

(4) Repairs or excavations of bridges, streets or highways or utility structures by or on behalf of the city, the state, or the federal government when public safety, welfare and convenience render it impractical to perform the work in the hours prescribed in § 113.02, Hours set.

(5) Outdoor school and playground activities. Reasonable activities conducted on public playgrounds and public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including but not limited to school athletic and school entertainment events.

(6) Other outdoor community events. Outdoor gatherings, public dances, shows and sporting events, and other similar outdoor events.

(7) Commercial and industrial businesses existing prior to the date of adoption of this section which are operating within their historically typical noise levels. Any increase in noise due to change of equipment, operations or any other reason shall be subject to the standards of this section.

(H) Enforcement. The following individuals shall enforce this section: The City Manager or Police Chief will have primary responsibility for the enforcement of the noise regulations contained in this section. Nothing in this section shall prevent the City Manager or Police Chief from obtaining voluntary compliance by way of warning, notice or education.

(I) Penalties.

(1) A person who violates a provision of this section is guilty of an infraction which is punishable by a fine not to exceed $500.

(2) Each occurrence of a violation, or, in the case of continuous violations, each day a violation occurs or continues, constitutes a separate offense and may be punished separately.

(J) Severability clause. A determination of invalidity or unconstitutionality by a court of competent jurisdiction of any clause, sentence, paragraph, section or part of this section shall not affect the validity of the remaining parts to this section.

(K) Savings clause. A prosecution which is pending on the effective date of this section and which arose from a violation of an ordinance repealed by this section, or a prosecution which is started within one year after the effective date of this section arising from a violation of an ordinance repealed by this section, shall be tried and determined exactly as if the ordinance had not been repealed.

(’91 Code, § 4-4.34) (Ord. 911, passed 4-28-87; Am. Ord. 962, passed 3-12-91; Am. Ord. 978, passed 6-11-91; Am. Ord. 1196, passed 8-27-13) Penalty, see § 93.99

93.59 PARKING.

(A) No person shall cause any vehicle or personal property to be parked or stored in such a way as to obstruct the flow of traffic on a public right-of-way or the movement of pedestrians on a public sidewalk.

(B) No vehicle or personal property located on a public right-of-way, a sidewalk or on public property shall be permitted for more than 72 consecutive hours; provided, that any basketball stand that does not interfere with the flow of traffic or pedestrians, or create a substantial safety hazard, may be located in the right-of-way for more than 72 hours. Movement of a vehicle within a 500-foot radius shall not extend the time limits for parking violations pursuant to this section.

(C) Within residential neighborhoods, no commercial vehicle which exceeds 8,000 pounds gross weight, 21 feet in length or eight feet in height shall be parked in the street unless it is a vehicle that is routinely on standby and necessary to use under emergency circumstances. Semi-trailers are prohibited.

(D) Whenever a vehicle is placed in a manner or location which constitutes an obstruction to traffic or hazard in public safety or is parked in a manner that violates this chapter, within the city limits of the City of Prineville, the city may cause the vehicle to be towed pursuant to provisions established in ORS 98.805, 98.810, 98.812, and 98.818. The owner of such vehicle is responsible to the city or any private towing and storage operator pursuant to the provisions of ORS 98.812 and 98.818. The city shall also have any remedies available under this chapter including, without limitation, the ability to sell a removed vehicle as abandoned property.

(E) If any vehicle is impounded and stored under the provisions of this chapter or any other provision of the Prineville Municipal Code, or pursuant to any other lawful authority, said vehicle shall not be released by the person to whom possession thereof is delivered until all charges connected with the removal, towing, and storage of such vehicle have been fully paid.

(F) For purposes of this section, "vehicle" means any device in, upon or by which any person or property is or may be transported or drawn upon a public highway and includes vehicles that are propelled or powered by any means, which includes, but is not limited to, boats, trailers, motorhomes, and travel trailers.

(’91 Code, § 4-4.35) (Ord. 911, passed 4-28-87; Am. Ord. 1251, passed 4-9-19; Am. Ord. 1285, passed 6-13-23) Penalty, see § 93.99

Cross reference:

Parking, see Ch. 72

ABATEMENT PROCEDURE

93.70 NOTICE TO ABATE.

(A) If the City Manager or his/her designee is satisfied that a nuisance exists, the City Manager or his/her designee shall cause a notice to be posted on the premises or at the site of the nuisance, directing the person responsible to abate the nuisance.

(B) At the time of posting, the City Manager or his/her designee shall cause a copy of the notice to be forwarded by registered or certified mail, postage prepaid, to the person responsible at the last known address of such person.

(1) A description of the real property, by street address or otherwise, on which the nuisance exists.

(2) A direction to abate the nuisance within ten days from the date of the notice.

(3) A description of the nuisance.

(4) A statement that unless the nuisance is removed, the city may abate the nuisance and the cost of abatement will be charged to the person responsible.

(5) A statement that failure to abate a nuisance may warrant imposition of a fine.

(6) A statement that the person responsible may protest the order to abate by giving notice to the City Manager within ten days from the date of the notice, together with a statement from the person responsible as to why they feel no nuisance exists.

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

(E) On completion of the posting and mailing, the person posting and mailing shall execute and file certificates stating the date and place of the mailing and posting, respectively, with the City Recorder.

(F) An error in the name or address of the person responsible shall not make the notice void, and in such case, the posted notice shall be sufficient.

(’91 Code, § 4-4.46) (Ord. 911, passed 4-28-87; Am. Ord. 1251, passed 4-9-19)

93.71 ABATEMENT BY PERSONS RESPONSIBLE.

(A) Within ten days after the posting and mailing of the notice, as provided in § 93.70, the person responsible shall remove the nuisance or show that no nuisance exists.

(B) A person responsible, protesting that no nuisance exists, shall file with the City Manager a written statement which shall specify the basis for so protesting.

(C) The statement shall be referred to the City Council as part of its regular agenda at its next succeeding meeting. At the time set for consideration of the abatement, 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 the determination shall be entered in the official minutes of the Council. Council determination shall be required only in those cases where a written statement has been filed as provided.

(D) If the Council determines that a nuisance does in fact exist, the person reasonable shall, within ten days after the Council determination, abate the nuisance.

(’91 Code, § 4-4.47) (Ord. 911, passed 4-28-87; Am. Ord. 1251, passed 4-9-19) Penalty, see § 93.99

93.72 JOINT RESPONSIBILITY

If more than one person is responsible, they shall be jointly and severally liable for abating the nuisance or the costs incurred by the city in abating the nuisance.

(’91 Code, § 4-4.48) (Ord. 911, passed 4-28-87; Am. Ord. 1251, passed 4-9-19) Penalty, see § 93.99

93.73 ABATEMENT BY CITY.

(A) Abatement. If, within the time limit set by the city in the notice, as provided in § 93.70, any nuisance described in the notice has not been removed and abated, or cause shown as shown in § 93.71 why such nuisance should not be removed or abated, or where summary abatement is authorized, the City Manager or his/her designee may cause the nuisance to be abated, including disposal in an approved manner.

(B) The officer charged with the abatement of the nuisance shall have the right at reasonable times to enter into or upon property to investigate the nuisance. The officer charged with abatement of the nuisance and others as necessary shall have the right at reasonable times to enter into or upon the property to cause the removal of the nuisance with the exception of any nuisance involving personal property as defined in § 96.01, which shall require a warrant pursuant to this section unless a judicially recognized exception to the warrant requirement of Article I, §9, of the Oregon Constitution or the Fourth Amendment of the United States Constitution exists.

(C) Warrants. The City Manager or his/her designee may request any Circuit Court judge to issue a nuisance abatement warrant whenever entry onto private property is necessary to remove and abate any nuisance, or whenever the City Manager or his/her designee has reasonable cause to believe that there exists upon any property any violation described in this title.

(D) Grounds for issuance of nuisance abatement warrants; affidavit.

(1) Affidavit. A nuisance abatement warrant will be issued only upon cause, supported by affidavit, particularly describing the applicant’s status in applying for the warrant, the statute, ordinance or regulation requiring or authorizing the removal and abatement of the nuisance, the property to be entered, the basis upon which cause exists to remove or abate the nuisance, and a statement of the general types and estimated quantity of the items to be removed or conditions abated.

(2) Cause. Cause will be deemed to exist if reasonable legislative or administrative standards for removing and abating nuisances are satisfied with respect to any property, or if there is cause to believe that a nuisance violation exists, as defined in this title, with respect to the designated property.

(E) Procedure for issuance of a nuisance abatement warrant.

(1) Examination. Before issuing a nuisance abatement warrant, the judge may examine the applicant and any other witness under oath and shall be satisfied of the existing of grounds for granting such application.

(2) Issuance. If the judge is satisfied that cause for the removal and abatement of any nuisance exists and that the other requirements for granting the application are satisfied, the judge will issue the warrant, particularly describing the person or persons authorized to execute the warrant, the property to be entered, and a statement of the general type and estimated quantity of the items to be removed or conditions abated. The warrant will contain a direction that it be executed during business hours, or where the judge has specially determined upon a showing that it cannot be effectively executed between those hours, that it be executed at any additional or other time of the day or night.

(3) Police assistance. In issuing a nuisance abatement warrant, the judge may authorize any peace officer, as defined in Oregon Revised Statutes, to enter the described property to remove any person or obstacle and to assist the representative of the city in any way necessary to enter the property and remove and abate the nuisance.

(4) Effect of abatement. Upon the issuance of the nuisance abatement warrant, the owner’s rights to any property authorized to be abated will be forfeited, and the property may be destroyed by the seizing agency or department.

(5) Return. A nuisance abatement warrant shall be executed within ten working days of its issue and returned to the judge by whom it was issued within ten working days from its date of execution. After the expiration of the time prescribed in this subsection, the warrant unless executed is void.

(F) Cost of nuisance abatement.

(1) Whenever a nuisance is abated by the city, the City Manager, or his/her designee, shall keep an accurate record of the expenses incurred by the city in physically abating the nuisances and shall include therein a charge of $50 or 15% of those expenses, whichever is the greater for administrative overhead.

(2) When the city has abated a nuisance maintained by any owner of real property, for each subsequent nuisance which is abated by the city within two consecutive calendar years concerning real property owned by the same person, an additional civil penalty of $500 shall be added to the costs, charges, and civil penalties. The additional civil penalty shall be imposed without regard to whether the nuisance abated by the city involved the same real property or is of the same character as the previous nuisance.

(3) Costs and penalties resulting from nuisance abatement shall be assessed as lien upon the real property as provided in § 93.74.

(’91 Code, § 4-4.49) (Ord. 911, passed 4-28-87; Am. Ord. 1251, passed 4-9-19)

93.74 ASSESSMENT OF COSTS.

(A) The City Manager, or his/her designee, by registered or certified mail, shall send to the person responsible a notice stating:

(1) The total cost of abatement, including the administrative overhead and any civil penalties so authorized.

(2) That the cost as indicated will be assessed to and become a lien against the property, unless paid within 30 days from the date of the notice.

(3) That if the owner or person responsible objects to the cost of the abatement as indicated, a notice of objection may be filed with the City Manager no more than ten days from the date of the notice.

(B) If an objection to the cost of abatement is filed as provided in subsection (A) of this section, the objection shall be referred to the City Council as part of its regular agenda at its next succeeding meeting. At the time set for consideration of the abatement, the person objecting may appear and be heard by the Council; and the Council shall hear and make a decision on the objection to the costs assessed. Council determination shall be required only in those cases where a written objection has been filed as provided.

(C) If the costs of abatement are not paid within 30 days from the date of the notice or the date of Council decision if an objection is filed, the costs of abatement shall be entered in the city lien docket and constitute a lien on the property from which the nuisance was removed or abated.

(D) The lien shall be enforced in the same manner as liens for street improvements are enforced and shall bear interest at the rate of 9% per annum and interest shall begin to run from the date of entry of the lien in the lien docket.

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

(’91 Code, § 4-4.50) (Ord. 911, passed 4-28-87; Am. Ord. 1251, passed 4-9-19)

93.75 SUMMARY ABATEMENT.

The procedure provided in this chapter is not exclusive, but is in addition to the procedures provided by other sections of the code. The Fire Chief, Fire Marshal, Chief of Police or the City Manager may proceed summarily to abate health or other nuisance which unmistakably exists and which imminently endangers health or property.

(’91 Code, § 4-4.51) (Ord. 911, passed 4-28-87; Am. Ord. 1251, passed 4-9-19)

93.99 PENALTY.

(A) Any person or persons who shall be convicted of being the author or keeper of a nuisance, or otherwise guilty of a violation of any of the provisions of this chapter, shall be fined not less than $50 nor more than $250 for the first offense, and for the second and subsequent offenses, not less than $100, nor more than $1,000.

(B) All persons responsible shall be liable for any injuries resulting from a violation of any of the provisions of this chapter.

(D) The abatement of a nuisance is not a penalty for violating this chapter, but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate the nuisance; however, abatement of a nuisance within ten days of the date of the notice to abate, or if a written protest has been filed, then abatement within ten days of Council determination that a nuisance exists, will relieve the person responsible from the imposition of any fine under subsection (A) of this section.

(’91 Code, § 4-4.53) (Ord. 911, passed 4-28-87; Am. Ord. 1251, passed 4-9-19)