Klamath Falls City Code 0607 Klamath Falls Code 1. GENERAL by ghkgkyyt

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									                 Klamath Falls City Code



                       Klamath Falls Code



                  1. GENERAL PROVISIONS


1.005   Code Designated
1.010   Definitions and Rules of Construction
1.015   Acts of Substitute Officers
1.020   Service and Proof of Notice
1.025   Uniform Appeal and Hearing Procedure
1.030   Construction
1.035   Continuation of Existing Ordinances
1.040   Effect of Repeal of Ordinances
1.045   Severability of Parts of Code
1.050   Catchlines of Sections
1.055   Amendment and Repeal of Code Sections
1.060   Repeal
1.065   Exclusions
1.070   City Seal
1.075   Fees




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                               1. GENERAL PROVISIONS


1.005 Code Designated. All ordinances included in this and the following chapters shall
constitute and be designated "The Code of the City of Klamath Falls, Oregon" and will
hereafter be referred to as "Code. " When referring to specific sections of the Klamath Falls
Code, the letters "KFC" should precede the numerical designation.

1.010 Definitions and Rules of Construction. The following definitions and rules of
construction shall be observed, unless inconsistent with the intent of the Council or the
context clearly requires otherwise.
City. The City of Klamath Falls, Oregon.
Computation of time. The time within which an act is to be done, including the giving of
advance notice of a general or special election of the City, is computed by excluding the first
day and including the last, unless the last falls on a legal holiday as defined in ORS 187.010
or 187.020 or on Sunday, in which case the last day is also excluded.
Council. City Council of the City of Klamath Falls.
County. Klamath County, Oregon.
Day. The period of time between any midnight and the midnight following.
Daytime; nighttime. "Daytime" is the period of time between sunrise and sunset.
"Nighttime" is the period of time between sunset and sunrise.
Department; board; commission; office; officer; employee. A department, board,
commission, office, officer, or employee of the City.
Gender. The masculine gender includes the feminine and neuter, and the feminine includes
the masculine and neuter.
In the City. All territory over which the City now has or shall hereafter acquire jurisdiction
for the exercise of its regulatory powers.
Joint Authority. All words giving joint authority to three or more persons or officers shall be
construed as giving such authority to a majority of such persons or officers.
Law. Applicable federal law, the constitution and statutes of the State of Oregon, the Code
and ordinances of the City and, when appropriate, any and all rules and regulations which
may be promulgated thereunder.
Manager. The City Manager.
Minor. A person under the age of eighteen (18) years, unless otherwise stated.
Month. A calendar month, except where otherwise provided.
Number. The singular number includes the plural, and the plural, the singular.
Oath. "Oath" includes affirmation. Official Time. Whenever certain hours are named
herein, they shall mean the standard of time as set out in ORS 187.110.
Or; and. "Or" may be read "and" and "and" may be read "or," if the sense requires it.
ORS. Oregon Revised Statutes.
Owner. A part owner, joint owner, tenant in common, tenant in partnership, joint tenant or
tenant by the entirety of the whole or of a part of the building or land, or vendee in possession
under a land sale contract.

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Peace Officer. A City police officer or other officer specified in ORS 133.170.
Person. Individual, corporation, association, firm, partnership, joint stock company, or
similar entity.
Personal Property. Every species of property, except real property, as herein defined.
Preceding; following. Next before and next after, respectively.
Process. A writ or summons issued in the course of judicial proceedings of either a civil or
criminal nature.
Property. Both real and personal property.
Real Property. Lands, tenements, and hereditaments.
Recorder. The City Recorder.
Shall; may. "Shall" is mandatory, and "may" is permissive.
Signature or subscription by mark. "Signature" or "subscription" includes "mark" when the
signer or subscriber cannot write, the signer's or subscriber's name being written near the
mark by a witness who writes his own name near the signer's or subscriber's name; but a
signature or subscription by mark can be acknowledged or can serve as a signature or
subscription to a sworn statement only when two witnesses so sign their own names thereto.
State. The State of Oregon.
Tenant or occupant. A person holding a written or an oral lease of, or who occupies, the
whole or a part of the building or land, either along or with others.
Tenses. The present tense includes the past and future tenses, and the future includes the
present.
To. "To" means "to and including" when used in reference to a series of sections of this Code
or when reference is made to the Oregon Revised Statutes.
Week. Seven consecutive days.
Writing. "Writing" includes any form of recorded message capable of comprehension by
ordinary visual means. Whenever any notice, report, statement or record is required or
authorized by this Code, it shall be made in writing in the English language unless it is
expressly provided otherwise.
Year. A calendar year, except where otherwise provided.
Zoning Ordinance. City Ordinance No. 5095 as amended; or the Community Development
Ordinance as hereafter adopted and amended. References to a specific zone designation shall
be equated to the most comparable existing zone under a later ordinance.

1.015 Acts of Substitute Officers. Unless this Code provides to the contrary, the Manager
of the City department heads, or their authorized representatives or deputies, may exercise
any power granted by this Code to the Manager or department head. The Manager and
department heads remain responsible for the performance of such acts.

1.020 Service and Proof of Notice.
(1)     Except when this Code provides a specific procedure for giving notice, whenever oral
or written notice is required by this Code, the notice may be given either by personal delivery
to the person to be notified or by deposit in an official mailbox in a sealed, postage-prepaid
envelope, addressed to the last known business or residence address of the person to be

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person to be notified. The time when the notice is deposited in a mailbox is considered the
time when the notice is given.
(2)     Proof of giving notice may be made by the certificate of any officer or employee of
the City or by affidavit of any person eighteen (18) years of age or older.

1.025 Uniform Appeal and Hearing Procedure. In this Section, the word "appellant"
means a person appealing from an administrative decision. Except as otherwise provided in
this Code, a person who is authorized to appeal from an administrative decision under this
Code shall follow the procedure stated in this Section.
(1)     Within ten (10) days after the day on which he is notified of the administrative
decision from which appeal is requested, the appellant shall file with the Recorder a written
notice of appeal, together with a written statement listing the reason for requesting the
reversal, revocation or of the decision.
(2)     If the Council is to hear the appeal or if an authorized appellate board has a regularly
scheduled meeting time, it shall hear the appeal at the next regularly scheduled meeting of the
body after the Recorder receives the notice and statement of appeal.
(3)     If an appellate board which does not hold a regularly scheduled meeting is to hear the
appeal, it shall hold a hearing on the matter within ten (10) days after the Recorder receives
the notice and statement of appeal.
(4)     The Recorder shall notify the appellant of the time and place of the hearing and shall
notify other persons who have an interest in the subject matter of the hearing.
(5)     At the hearing, the appellant or other persons may present witnesses and offer
evidence in support of their case and, in the discretion of the Council or appellate board,
evidence may be heard to sustain the administrative decision.
(6)     The Council or appellate board shall make written findings, recommendations or
orders on any matter heard by it, and the Recorder shall send a copy thereof to the appellant.
When the matter is heard by an appellate board, the appellant may further appeal to the
Council by following the procedure established in this Section.
(7)     The Council may review the official action of a City official, City employee, City
board, City commission or other official City body. A person requesting such Council review
shall follow the procedure established in this Section, unless this Code provides a special
appeal procedure applicable to such an appeal.

1.030 Construction. The provisions of this Code and all proceedings under it are to be
construed with a view to effecting its objectives and promoting justice.

1.035 Continuation of Existing Ordinances. The provisions appearing in this Code, so far
as they are the same as those of ordinances or prior Code sections existing at the time of the
effective date of this Code, shall be considered as continuations thereof and not as new
enactments.

1.040 Effect of Repeal of Ordinances. The repeal of an ordinance shall not revive an
ordinance in force before or at the time the ordinance repealed took effect. The repeal of an

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ordinance shall not effect a punishment or penalty incurred before the repeal took effect; nor
a suit, prosecution or proceeding pending at the time of the repeal for an offense committed
under the repealed ordinance.

1.045 Severability of Parts of Code. It is hereby declared to be the intention of the
Council that the sections, subsections, paragraphs, provisions, clauses, phrases and words of
this Code are severable; and if any section, subsection, paragraph, provision, clause, phrase or
word of this Code is adjudged or declared by any court of competent jurisdiction to be
unconstitutional or invalid, such judgment shall not effect the validity of the remaining
portions of this Code; and it is hereby expressly declared that every other section, subsection,
paragraph, provision, clause, phrase or word of this Code enacted, irrespective of the
enactment or validity of the portion hereof declared to be unconstitutional or invalid, is valid.

1.050 Catchlines of Sections. The catchlines of the several sections of this Code are
intended as mere catchwords to indicate the contents of the section and shall not be deemed
as a part of the section; nor, unless expressly so provided, shall they be so deemed when
sections, including the catchline, are amended or reenacted.

1.055 Amendment and Repeal of Code Sections. This Code is the general and permanent
law of the City. The Council may enact three types of general ordinances to affect this Code.
 Such ordinances may (1) amend existing provisions; (2) add new provisions; or (3) repeal
existing provisions. A general ordinance shall specifically amend or repeal a particular
section of this Code, and a general ordinance creating a new Code section shall integrate the
new section into the numbering system and organization of this Code.

1.060 Repeal. All ordinances of a general and permanent nature and prior Code sections
not contained in this Code and not excluded by Section 1.065 are hereby repealed.

1.065 Exclusions. Notwithstanding inclusion within this Code of the general subject
matter, in whole or in part, this Code does not repeal or amend: any special ordinance
affecting less than the general public; any ordinance affecting the general public on a
temporary basis; any ordinance relating to or resulting from annexation, naming of streets and
public places or property acquisition or disposal of property, vacation of streets, public places
or plats; any ordinance relating to waiver of fees or Code provisions, bids or contracts; any
ordinance fixing or changing a zone classification of property; and ordinance relating to
budget; any ordinance granting a permit; any franchise ordinance; nor any planning, zoning
or land development ordinance.

1.070 City Seal. The seal to be used and known as the seal of the City shall consist of an
outer rim on which shall be the words "City of Klamath Falls, Oregon," and upon the plane
within this rim shall be the words "Corporate SEAL May 18, 1905," this being the date upon
which the charter incorporating the City as such went into effect. The seal shall make an
impression one and twenty-nine thirty-seconds inches in diameter.

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1.075 Fees. (1) Except otherwise as provided in this Section and the City Code, the City
Manager is authorized to establish schedules of fees and charges for all permits, licenses,
events and activities regulated by the City and for all services provided by the City, and the
City Manager may amend any such schedule when deemed appropriate. Provided, however,
that prior to adoption and implementation of any schedule, including any periodic
amendments, the proposed schedule, reflecting all changes, shall be provided to the City
Council not less than fourteen (14) calendar days prior to implementation. If any Council
member objects to any proposed fee or charge, the fee(s) and/or charge(s)objected to shall be
placed on the agenda of a regularly scheduled Council meeting and Council may approve,
disapprove or modify the proposed fee(s) and/or charge(s) after discussion of the matter. Any
Council member may also request a public hearing on the proposed fee(s) and/or charge(s).
A proposed fee or charge that has been objected to by a Council member shall not be
implemented until Council has rendered its decision.

(2) This Section does not apply to the following:

(a)     Fees, charges or assessments required by the City Code to be set or modified by
resolution or ordinance approved or adopted by the Council; and
(b)     Consumption charges for water, sewer, geothermal and other utilities operated by the
City; and
(c)     Fines, fees, enforcement fees or civil penalties that may be imposed as a result of
judicial or administrative enforcement proceedings; and
(d)     Other fees or charges that Council is required to set pursuant to federal law, state law
or contractual agreement related to the issuance of municipal bonds.
[Added by Ord. No. 6366, enacted Nov. 2, 1981; Amended by Ord. No. 07-09 enacted March
5, 2007.]




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                    2. GOVERNMENT AND ADMINISTRATION

COUNCIL PROCEDURES
2.001     Types of Meetings
2.005     Order of Business and Agenda
2.020     Consent Agenda
2.030     Reading of Minutes
2.035     Designation of Hearings Officer
2.040     Administrative Staff & City Employees
          Addressing Council or Public
2.045     Impertinent or Slanderous Remarks;
          Unauthorized Remarks; Demonstrations
2.050     Questions of Personal Privilege
2.055     Expressing & Recording Dissents or Protests
2.060     Public Members Addressing the Council
2.065     Persons Permitted Within Rail
2.070     Quorum
2.075     Voting Generally
2.080     Reconsideration of Actions Taken
2.085     Ordinances; Two Readings Required
2.087     Resolutions
2.090     Public Meetings
2.095     Adjournment
2.097     Signing of Ordinances, Resolutions, Agreements,
           and Contracts
2.100     The Presiding Officer
2.110     Employee Duties
2.120     Decorum and Order
2.130     Duties and Privileges of Members
2.140     Robert's Rules of Order
2.145     Ward Apportionment
2.150     Elections - Payment for Circulation of Petitions Prohibited
2.155     Initiative and Referendum - One Year Time Limit for Collection of Signatures




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CITY BOARDS AND COMMISSIONS

CITY PLANNING COMMISSION
2.300     Composition
2.302     Terms; Vacancies
2.304     Officers
2.306     Quorum
2.308     Meetings
2.310     Rules of Procedure
2.312     Powers and Duties

PARKING DISTRICT COMMITTEE
2.320     Parking District Committee Appointment
2.322     Term of Office

PARKS, RECREATION AND CEMETERIES ADVISORY BOARD
2.340     Advisory Board
2.342     Chairperson; Meetings; Quorum
2.344     Powers and Duties
2.346     Access to City Facilities

PUBLIC CONTRACT REVIEW BOARD
2.350     Contract Review Board
2.352     Temporary Rules

CHARTER REVIEW COMMISSION, DOCK COMMISSION,
GEOTHERMAL ADVISORY COMMITTEE

2.358         Conferring duties & powers to City Council

CABLE TELEVISION ADVISORY BOARD

2.360-2.366   [Repealed by Ord. #6539, enacted Oct. 5, 1987.]

BOXING AND WRESTLING COMMISSION

         [Repealed by Ord. #6539, enacted oct. 5,
2.370-2.372
                1987.]
CHARTER REVIEW COMMISSION

2.380-2.388   [Repealed by Ord. #97-11, enacted April 21, 1997.]



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GEOTHERMAL ADVISORY COMMITTEE

2.400-2.402   [Repealed by Ord. #97-11, enacted April 21,               1997.]

URBAN REDEVELOPMENT COMMITTEE
2.410    Urban Redevelopment Committee Established
2.412    Terms; Vacancies
2.414    Rules of Procedure
2.416    Powers and Duties

AIRPORT COMMISSION

2.420-2.424   [Repealed by Ord. #97-11, enacted April 21,               1997.]

UTILITY COMMISSION

2.430-2.434   [Repealed by Ord. #97-16, enacted June 16,       1997.]

DOWNTOWN DESIGN REVIEW COMMISSION
2.450  Downtown Design Review Commission
2.452  Commission Membership
2.454  Terms of Members
2.456  Officers of the Commission
2.458  Duties of the Chair
2.460  Meetings of the Commission
2.462  Powers and Duties
2.464  Review Authority of the Commission Over Exterior Architectural Features of
       Buildings and Structures
2.466  Procedure for Review

BALLOT MEASURE 37
2.500    Purpose and Definitions
2.505    Claim Filing Procedures
2.510    Determining Validity of Claim: City Manager Investigation & Recommendation
         & City Council Public Hearing
2.515    Valid Claim: City Manager Investigation & Recommendation & City Council
         Action
2.520    Private Cause of Action
2.525    Severability
2.530    Applicable State Law


AIRPORT MANAGER

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2.605        Airport Manager
2.610        Powers and Duties
2.615        Rulemaking

AIRPORT PASSENGER FACILITY CHARGE

2.620        Purpose
2.622        Definitions
2.624        Passenger Facility Charge
2.626        Eligible Projects
2.628        Compliance With FAA Requirements
2.630        Reports, Payments of PFC=s
6.632        Violations

DISPOSITION OF PERSONAL PROPERTY
2.650     Property or Money Coming Into Possession of Police; Record Keeping
2.655     Custody; Expense
2.660     Reclamation by Owner
2.665     Return of Property or Money to Persons Upon Release From Custody
2.670     Disposition of Unclaimed Property
2.675     Certificate of Sale
2.680     Payment of Portion of Proceeds to Owner
2.685     Liability of City for Condition of Title, Validity of Sale, Etc

EMERGENCY MANAGEMENT ACT
2.700   Purposes
2.702   Emergency Defined
2.704   City Emergency Management Agency
2.706   Emergency Management Agency - Powers and Duties
2.708   Emergency Program Manager
2.710   Powers and Duties
2.712   Emergency Organization - Composition
2.714   Emergency Plan
2.716   Expenditures
2.718   Violations - Penalties

MUNICIPAL COURT AND COURT PROCEDURE
MUNICIPAL COURT
2.800     Municipal Judge
2.802     Criminal Procedure Statutes Govern Generally
2.804     Application of State Statutes
2.806    Form and Sufficiency of Complaint


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2.808        Issuance, Requisites and Execution of Warrant of Arrest
2.810        Reading Complaint to Defendant; Pleading
2.812        Release From Custody
2.814        Judgment on Plea of Guilty, No Contest or Conviction
2.816        Prosecution
2.818        Representation
2.820        Effect of Nonpayment of Fines or Costs
2.822        General Penalty; Continuing Violations
2.824        Definitions
2.826        Restitution
2.828        Effect of Restitution Order on Other Remedies of Victim

CITIZEN COMPLAINTS
2.830     Filing Complaint by Private Person
2.832     Security for Costs
2.834     Procedure
2.836     Warrant of Arrest; Citation in Lieu of Arrest

UNIFORM SHORT-FORM COMPLAINT AND CITATION
2.840    Establishment and Purpose
2.842    Short-Form Citation Authorized
2.844    Persons Authorized to Issue Citations
2.846    Contents of the Summons and of the Complaint
2.848    Delivery of the Summons and Complaint
2.850    Appearance of Defendant; Return of Summons; Bail in Lieu of Appearance
2.852    Effect of Defendant's Written Statement
2.854    Judgment on Failure to Appear
2.856    Procedure Upon Appearance in Court
2.858    Disposition of Cases Generally; Failure to Plead
2.860    Warrant of Arrest When Defendant Fails to Comply
2.862    Warrants for Arrest of Persons When True Name is Unknown

JURIES
2.870        Right of Jury Trial
2.872        Jury Selection
2.874        Jurors' Fees
2.876        Deposit of Jurors' Fees
2.878        Voir Dire and Challenges
2.880        Jury Verdict


APPEALS
2.882        Appeals

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CITY PRISONERS
2.890     Work by Prisoners

INSPECTION WARRANTS
2.894     Issuance of Inspection Warrants
2.896     Grounds for Issuance of Warrants; Affidavit
2.898     Procedure for Issuance of Inspection Warrant
2.900     Execution of Inspection Warrants
2.910     Police Training Fund
2.915     Assessment on Bails and Fines
2.950     Criminal History Checks




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2. GOVERNMENT AND ADMINISTRATION

COUNCIL PROCEDURES

2.001 Types of Meetings:

        (1) Regular Meetings:            The Council shall hold two regular meetings, on the first and
third Monday of each month, except in those cases where the Council finds it necessary to designate
another date due to conflicts. Regular meetings shall be convened in the City Council Chambers and
shall be called to order at 7:00 p.m. If and when the regular meeting date of the Council falls on the
legal holiday, as defined by State Statute, as now or hereafter constituted, which by this reference is
incorporated in and made a part of this Code, the Council shall meet on the following day in the
Council Chambers at 7:00 p.m.; and such meeting shall be a regular meeting.

        (2) Executive Sessions:        The Council may hold closed meetings (executive sessions)
pursuant to State Statute during regular or special meetings. A motion or notice calling for an
executive session shall identify the specific statutory authorization. Media representatives will be
allowed to attend executive sessions, but the Council may require that certain information shall not
be disclosed. Final action on any matter discussed in executive session must be taken at an open
meeting.

       (3) Special Meetings: Any Council meeting other than the Regular council meeting which
has been called for the purpose of conducting official action or studying an issue. Notice shall be
given at least 24 hours in advance. A Special Council meeting may be called at any time on request
of two members of the Council, by the Mayor, or by the President of the Council in the Mayor=s
absence, by giving notice of the meeting to the Council members and the public.

        (4) Emergency meetings: A special meeting called without 24 hours notice is an
Emergency Meeting. An Emergency Meeting may be called when the Council could not reasonably
have foreseen the need for meeting on a limited issue at a time when adequate notice could have been
provided. The meeting shall be limited to discussion and action regarding the emergency. The
notice for an emergency meeting shall be provided as soon as possible after becoming aware of the
emergency and the need for the meeting. An emergency meeting may be called by the Mayor or a
majority of the City Council. The minutes shall indicate the reason for the emergency.
        (5) Work Sessions: Work sessions of the Council shall be held in accordance with State
Statutes for the purpose of studying an issue(s) and such session shall be called by either the Mayor,
City Manager or two Council members. Work Sessions are a form of special meeting and the
Council may take action at such sessions. [Added by Ord. No. 00-24, enacted Nov. 21, 2000.]




2.005 Order of Business and Agenda

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       (1) Order of Business. The order of business at each Council meeting shall be in
     accordance with the agenda prepared by the City Manager. Items may be taken out of the
     following order with the consent of the majority of the Council members.
                      (a)    Call to order and roll call
                           (b)    Pledge of Allegiance
                     (c)     Consent Agenda
                     (d)     Land Use Public Hearing - Quasi Judicial
                     (e)     Land Use Public Hearing – Legislative
                     (f)     General Public Hearing
                     (g)     Legislative Action
                     (h)     Other Matters
                     (i)     Public Comment
                     (j)     Adjournment

             (2)        Agendas. Staff shall prepare an agenda for every regular, and if requested, for
every special Council meeting. Items may be placed on the regular meeting agenda by any person,
but such items shall be presented to the City Manager=s office no later than 10:00 a.m. on the Monday
preceding the meeting at which they are to be discussed. Upon approval by the Mayor, the City
Manager, or any member of the Council, the item shall be placed on the agenda for consideration.
Agendas and informational material for regular meetings shall be distributed to the Council at least
four days prior to the meeting.

             (3)       Items to be Acted on Generally. Normally, only those items on the agenda
shall be acted upon by the Council. Matters deemed to be emergencies or of an urgent nature by the
Mayor, a Council member, the City Manager, or the City Attorney may be submitted for Council
consideration and action under Other Matters.

             (4)       New Business. The Mayor, City Manager or a Council member may bring
before the Council any new business under the Other Matters portion of the agenda. These matters
need not be specifically listed on the agenda, but formal action on such matters shall be deferred until
a subsequent Council meeting, unless deemed urgent under (3) above.

             (5)       Public Comment:

                         (a)    Policy. The Council recognizes that public input into the governmental
process is an invaluable aid to informed decision making. Therefore, it is the policy of the Council
that all citizens shall have the right to speak before the Council on matters of public concern, but
each citizen shall be responsible for abuse of such right. Consequently, to ensure that the greater
public interest is fostered, each citizen or group of citizens who desires to speak before the Council
shall have the duty to exercise this right in a manner which furthers the greater public interest.

                       (b)     Public Comment Generally. Any member of the general public wishing

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wishing to address the Council on a matter of public concern may do so at the time set for public
comments during each regular session of the Council. Any member so addressing the Council shall
be limited to a period of five minutes within which to make themselves heard. The Council, in its
sole discretion, may extend this time, or may request further information be presented to the Council
on such date and in such manner as it deems appropriate.

                         (c)   Persons Sharing Common Concerns. If any group of three or more
persons sharing a common viewpoint on any subject wishes to address the Council during the time
for public comment, the group shall select a spokesperson, who shall present the views of the group
to the Council. The Council, in its sole discretion, may request to hear the views of additional
speakers from the group. Additional support for the views of the group, in the form of petitions,
letter, videotapes, etc., may be presented to the Council for consideration at the conclusion of the
spokesperson's remarks.

                         (d)    Complaints and suggestions to the Council. When any citizen brings a
complaint or suggestion before the Council, other than for items already on the agenda, the Presiding
Officer shall first determine whether the issue is legislative or administrative in nature. If it is
legislative, i.e, a complaint about the letter or intent of legislative acts or a suggestion for changes to
such acts, and if the Council finds such complaint or suggestion may call for a change to an
ordinance or resolution of the City, the Council may refer the matter to the City Attorney, a
committee or the City Manager for study and recommendation.

                        If the matter is administrative in nature, ie, a complaint regarding
administrative staff performance, administrative execution or interpretation of legislative policy, or a
complaint or suggestion regarding administrative policy within the authority of the City Manager, the
Presiding Officer shall then refer the complaint or suggestion directly to the City Manager for his or
her review if the matter has not already been reviewed. The Council may direct the City Manager to
report to the Council when his or her review has been made.[Amended by Ord. No. 95-5, enacted
April 6, 1995; Amended By Ord. No. 00-24, enacted Nov. 21, 2000.]

2.010 Regular Meetings Falling on Holidays. [Amended by Ord. No. 95-5, enacted April 6,
1995; Repealed by Ord. No. 00-24, enacted Nov. 11, 2000.]

2.015 Special Meeting. [Repealed by Ord. No. 00-24, enacted Nov. 11, 2000.]

2.020 Consent Agenda.

       (1) Agenda items to be included within the consent Agenda portion of the Council=s Order
of Business shall be routine matters of limited public interest including such matters as licenses,
permits, minor agreements, authorizations to bid, award of bids less than ONE HUNDRED
THOUSAND DOLLARS ($100,000.00) and approval of minutes. Matters which may not be
included in the Consent Agenda are ordinances, resolutions, public hearings, major bid awards and
agreements of interest to the public and those items for which interested persons are likely to appear

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and comment.

       (2) The Consent Agenda shall be subject to one combined vote of Council; provided,
however, prior to such vote any member of the public through written request, any Council member
or any staff member, may request to have removed one or more Consent Agenda items to be
considered individually during the regular agenda. Such items shall be considered immediately
following Council action on the Consent Agenda.

        (3) Individual written staff reports shall be prepared for each Consent Agenda item and
shall be included in the agenda packet and made available to the public pursuant to Oregon=s Public
Meeting Law. Council members may question staff regarding such reports prior to voting on the
Consent Agenda and without removing the items from the Agenda.[Ord. No. 6584, enacted Nov. 6,
1989; Amended by Ord. No. 00-24, enacted Nov. 21, 2000; Amended by Ord. No. 06-24, enacted
Aug. 7, 2006.]

2.025 Study Sessions. [Repealed by Ord. No. 00-24, enacted 11-21-00.]

2.030 Reading of Minutes. Unless the reading of the minutes of the previous Council meeting is
requested by a majority of the Council, such minutes may be approved without reading if copies
thereof have been previously furnished to each of the Council members.[Amended by Ord. No. 00-
24, enacted Nov. 21, 2000.]

2.035 Designation of Hearings Officer to Conduct Special Public Hearings. A hearings officer
may be designated by the Council to conduct special public hearings, when appropriate. [Amended
by Ord. No. 00-24, enacted Nov. 21, 2000.]

2.040 Administrative Staff and City Employees Addressing Council or Public.                 Members
of the City=s administrative staff and other City employees desiring to address the Council or
members of the public shall first be recognized by the presiding officer. The staff may respond to
questions or comments by the Council or members of the public with permission of the presiding
officer, but shall always do so in a polite, tactful manner.[Amended by Ord. No. 00-24, enacted Nov.
21, 2000.]

2.045 Impertinent or Slanderous Remarks; Unauthorized Remarks; Demonstrations. Any
person making impertinent or slanderous remarks or who become boisterous during the Council
meeting shall be removed from the room if the sergeant-at-arms is so directed by the presiding
officer; any such person may be barred from further remarks before that session of the Council.
Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar
demonstrations shall not be permitted by the presiding officer. Disorderly conduct at Council
meetings may be prosecuted upon appropriate complaint signed by the presiding officer.[Amended
by Ord. No. 6451, enacted April 16, 1984; Amended by Ord. No. 6500, enacted Dec. 2, 1985;
Amended by Ord. No. 6524, enacted Feb. 2, 1987; Amended by Ord. No. 6584, enacted Nov. 6,
1989; Amended by Ord. No. 6646, enacted Dec. 18, 1992; Amended by Ord. No. 00-24, enacted

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Nov. 21, 2000.]

2.047 Consent Agenda. [Added by Ord. No. 6646, enacted Dec. 18, 1992; Repealed by Ord. No.
00-24, enacted 11-21-00.]

2.050 Questions of Personal Privilege. The right of a Council member, staff member or
member of the public to address the Council on a question of personal privilege shall be limited to
cases in which the person=s integrity, character or motives are assailed, questioned or impugned.

2.055 Expressing and Recording Dissents or Protests. Any Council member shall have the right
to express dissent from or protest against any Ordinance, Resolution or decision of Council and have
the reason therefore, entered upon the Council minutes. Such dissent or protest may be verbal during
the meeting or in writing and presented to Council not later than the next regular meeting following
the date of passage of the Ordinance, Resolution or decision objected to.

2.060 Public Members Addressing the Council.

        (1) Members of the public who wish to address Council on a scheduled Agenda item shall
so indicate by submitting a written request to the City Recorder.

        (2) Any other public member desiring to address the Council shall stand and wait to be
recognized by the presiding officer. After recognition, the person's name and address shall be stated
for the record and the remarks shall be limited to the question under discussion.

        (3) All remarks and questions shall be addressed to the presiding officer and not to any
individual Council member, staff member or other person without the permission of the presiding
officer. No person shall enter into any discussion without being recognized by the presiding officer.

        (4) Any public member addressing the Council shall be limited to five (5) minutes unless
further time is granted by the presiding officer. No public member shall be allowed to speak more
than once upon any one subject until every other public member choosing to speak thereon has
spoken.

     (5) After a motion has been made or after a public hearing has been closed, no public
member shall address the Council without first securing permission from the majority of the Council.


2.065 Persons Permitted Within Rail. No persons shall approach the Council without consent of
the presiding officer.
[Amended by Ord. No. 6646, enacted Dec. 18, 1992.]
2.070 Quorum.          Three members of the Council shall constitute a quorum for its business.

2.075 Voting Generally.

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       (1) The vote on every motion shall be taken by voice vote or roll call and entered in full
upon the record.

         (2) A roll call vote shall be used for all ordinances and resolutions. Any other question
before the Council shall not require a roll call vote unless requested by any member of the Council.
It shall not be in order for members to explain their vote during roll call. Any member may change
his or her vote prior to the next order of business.

        (3) Where not otherwise controlled by Charter provision, the concurrence of a majority of
the members of the Council present at a Council meeting shall be necessary to decide any question
before the Council.

2.080 Reconsideration of Actions Taken. Any member who voted with the majority may move
for a reconsideration of an action at the same or the next following regular meeting. Once a matter
has been reconsidered, no motion for further reconsideration thereof shall be made without
unanimous consent of the Council.

2.085 Ordinances; Two Readings Required.

       (1) Every ordinance shall, before being put upon its final passage, be read in open Council
meeting on two different days.

        (2) Any of the readings of an ordinance may be by title only if no Council member present
at the meeting requests that the ordinance be read in full, provided that a written copy of the
ordinance is provided for each Council member and three (3) written copies are provided for public
inspection in the Council Chambers at the time of its consideration. An ordinance enacted after
being read by title alone may have no legal effect if it differs substantially from its terms as it was
written, unless each section incorporating such a difference is read fully and distinctly in open
Council meeting as finally amended prior to being approved by the Council.

       (3) Upon the final vote on an ordinance, the ayes and nays of the Council members shall be
taken and entered in the record of proceedings. Except as provided in the City Charter regarding
ward boundaries (Section 8), overriding vetoes (Section 18 and 34) and election procedures, (Section
30 when four affirmative votes are required, the affirmative vote of three members of the Council
present at the Council meeting shall be necessary to pass the Ordinance.

       (4) Upon enactment of an ordinance, the Recorder shall sign it with the date of its passage,
and within three (3) days the Mayor shall sign it, veto it or set it aside pursuant to Charter Section 34.


2.087 Resolutions.


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        (1) Every Resolution shall, before being passed, be read in open Council meeting. The
reading of a Resolution may be by title only if no Council member present at the meeting requests
that the Resolution be read in full, provided that a written copy of the Resolution is provided for each
Council member and three (3) written copies are provided for public inspection in the Council
Chambers at the time of its consideration.

       (2) Upon final vote on a Resolution, the ayes and nays of the Council members shall be
taken and entered in the record of proceedings.

       (3) Upon enactment of a Resolution, the Recorder shall sign it with the date of its passage
and within three (3) days, the Mayor shall sign it. The Mayor shall have no power to veto a
Resolution.

        (4)   A Resolution enacted by the Council shall take effect immediately.

2.090 Public Meeting:         All meetings shall be held in compliance with ORS 192.610 to 192.690
(Public Meeting Law). Except for executive sessions pursuant to ORS 192.660, all regular and
special meetings shall be open to the public.

2.095 Adjournment:           Any meeting may be adjourned to a time, place and date certain, but
not beyond the next regular meeting.

2.097 Signing of Ordinances, Resolutions, Agreements, and Contracts. The Mayor, or President
of the Council when acting as presiding officer, shall sign all ordinances, resolutions, agreements,
and contracts approved or adopted by the Council at the meeting at which the action was taken.



2.100 The Presiding Officer.

        (1) The Mayor. The Mayor shall preside at all regular and special meetings and executive
sessions of the Council and shall be the recognized head of the City for all ceremonial purposes. The
duties of the Mayor are outlined in the City Charter, Section 18.

       (2) Council President.          At the first meeting each calendar year, the Council shall elect a
president from its membership. In the Mayor's absence from any Council meeting, the Council
President shall act as the presiding officer as outlined in the City Charter, Section 19.

       (3) Temporary Chairman. In event of the absence of the Mayor and Council President, the
City Recorder shall call the Council to order and call the roll of the members; if a quorum is present,
those Council members present shall elect, by majority vote, a Temporary Chairman for that meeting.
Should the Mayor or Council President arrive, the Temporary Chairman shall relinquish the chair
immediately upon the conclusion of the item of business then in consideration before the

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Council.[Amended by Ord. No. 00-24, enacted 11-21-00.]

2.105 Questions of Personal Privilege. [Repealed by Ord. No. 00-24, enacted

2.110 Employee Duties

        (1)     City Manager. The City Manager shall attend all meetings of the Council, unless
excused by the City Council. The City Manager shall make recommendations to the Council and
shall take part in all discussions concerning the welfare of the City.

       (2)     City Attorney. The City Attorney shall attend all meetings of the Council, unless
excused by the City Council. Any member of the Council may at any time call upon the City
Attorney for an informal oral opinion. Written opinions shall be required by a majority of the
Council. The City Attorney shall be the Parliamentarian, and shall advise the Presiding Officer on
any questions of order.

        (3)    City Recorder. The City Recorder, or the City Recorder=s designee, shall be the Clerk
for the Council and shall keep minutes of meetings and shall perform such other duties at the
meetings as ordered by the Presiding Officer, the Council or the City Manager. The City Recorder
shall furnish each Council member with a copy of the minutes of each preceding meeting in the
agenda packet for the next meeting.

       (4)     The Chief of Police. The Chief of Police or his designee shall attend each Council
meeting, and serve as the Sergeant-at-Arms. For the purpose of retaining order and decorum at the
Council meetings, the Sergeant-at-Arms shall carry out all orders or instructions upon direction of the
Presiding Officer or upon any other procedure specifically provided by these rules.

      (5)    Officers and Employees. Any member of the City Council may request that the City
Manager direct any employee to attend regular, special or executive meetings to confer with the
Council on matters relating to the City.[Amended by Ord. No. 00-24, enacted 11-21-00.]

2.115 Public Members Addressing the Council.[Repealed by Ord. No. 00-24, enacted Nov. 21,
2000.]

2.120 Decorum and Order

         (1) Presiding Officer. The Presiding Officer shall preserve decorum and decide all points of
order, subject to appeal to the Council.
         (2) Council Members. Council members shall preserve order and decorum during Council
meetings, and shall not, by conversation or other action, delay or interrupt the proceedings or refuse
to obey the orders of the Presiding Officer or these Rules. Council members shall, when addressing
staff or members of the public, confine themselves to questions or issues then under discussion, shall
not engage in personal attacks, shall not impugn the motives of any speaker, and shall at all times,

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while in session or otherwise, conduct themselves in a manner appropriate to the dignity of their
office.

        (3) Confidentiality. Council members will keep all written materials and verbal
information provided them on matters of confidentiality under law in complete confidence to insure
that the City=s position is not compromised. No mention of the information read or heard should be
made to anyone other than other Council members, the City Manager or the City Attorney.

        If the Council, in executive session, provides direction or consensus to staff on proposed
terms and conditions for any type of negotiations whether it be related to property acquisition or
disposal, pending or likely claim or litigation, or employee negotiations, all contact with the other
parties shall be made by designated staff or representatives handling the negotiations or litigation. A
Council member shall not have any contact or discussion with any other party or its representative
nor communicate any executive session discussion.

        If a Council member does not refrain from disclosing such information as required by the
Council rules, the Council shall convene and address the matter, as provided in the Censure provision
of these rules.
        (4) Staff and Public. Members of the administrative staff, employees of the City and other
persons attending Council meetings shall observe the same rules of procedure, decorum and good
conduct applicable to the members of the Council.
        (5) Council-staff relations. Council members shall respect the separation between policy-
making and administration by:

             (a)       Not attempting to influence or coerce the City Manager concerning personnel
or purchasing rules, as outlined in the City Charter.

               (b)     Addressing all inquiries and requests for information from staff to the City
Manager or City Attorney and allowing sufficient time for response. At the discretion of the manager
or attorney, inquiries may be forwarded to the full Council for consideration.

              (c)       Limiting individual contacts with City officers and Employees so as not to
influence staff decisions or recommendations, undermine the authority of supervisors or prevent the
full Council from having the benefit of any information received;

              (d)Honoring the confidentiality of discussions with the City Attorney.

       (6)    Censure.

               (a)     The Council has the inherent right to make and enforce its own rules and to
ensure compliance with those laws generally applicable to public bodies. Should any Council
members act in any manner constituting a substantial violation of these rules or other general laws,
the Council, acting as a whole, may discipline that Council member to the extent provided by law,

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including public reprimand.

               (b)   To exercise such inherent right, the Council has the right to investigate the
actions of any member of the Council.

              (c)     Neither the Council or any member thereof shall have the right to make public
any information obtained through such investigation.

                (d)     Any member accused of a substantial violation of Council rules or any other
general law shall have the right to present a defense to the allegations, including the right to present
rebuttal evidence, and to have representation by counsel. Upon finding, by a moral certainty, that a
substantial violation has occurred, and that such violation affects the Council member=s ability to
represent the interests of the City as a whole, the Council may, upon a majority vote of the Council
members (other than the offending member of the Council) impose a censure on the offending
member. [Amended by Ord. No. 00-24, enacted Nov. 21, 2000.]

2.125 Voting Generally.
[Amended by Ord. No. 6646, enacted Dec. 18, 1992; Repealed by Ord. No. 00-24, enacted Nov. 21,
2000.]
2.130 Duties and Privileges of Members

        (1) Code of Ethics. Council members shall conduct themselves so as to bring credit upon
the City as a whole, and to set an example of good ethical conduct for all citizens of the community.
Council members should constantly bear in mind these responsibilities to the entire electorate, and
refrain from actions benefitting any individual or special interest group at the expense of the City as a
whole. Council members should likewise do everything in their power to insure impartial application
of the law to all citizens, and equal treatment of each citizen before the law, without regard to race,
religion, national origin, sex, social station or economic position.

        (2)   Debate.

        (a) Any Council members who has the floor shall confine himself or herself to the question
under debate, avoid personalities and refrain from impugning the motives of any member=s argument
or vote. No member shall address the chair or demand the floor while any vote is being taken.


               (b)     Council members shall limit their remarks on a subject to five minutes unless
granted additional time by the majority of the Council. No Council member shall be allowed to speak
more than once upon any one subject, until every other member choosing to speak thereon has
spoken.

                (c)    A Council member, once recognized, shall not be interrupted while speaking,
unless called to order by the Presiding Officer, or unless a point of order is raised by any Council

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member while he or she is speaking, in which case he or she shall cease speaking immediately until
the point is determined. If ruled to be in order he or she shall be permitted to proceed; if ruled to be
out of order, he or she shall remain silent or shall alter his or her remarks as to comply with the
ruling.

         (3)     Right to Appeal. Any Council member may appeal to the Council from a ruling of the
Presiding Officer, and if the appeal is seconded, the member making the appeal may briefly state his
or her reason for the appeal and the Presiding Officer may briefly explain his or her ruling; but there
shall be no debate on the appeal and no other member shall participate in the discussion. The
Presiding Officer shall then put the question, "Shall the decision of the chair stand as the decision of
the Council?" If the majority of the members vote aye, the ruling of the chair is sustained; otherwise
it is overruled.

      (4)     Excusal During the Meeting. Except in an emergency, no member may leave the
Council meeting while in regular session without permission from the Presiding Officer.

       (5)     Personal Privilege. The right of a member to address the Council on a question of
personal privilege shall be limited to cases in which his integrity, character or motives are assailed,
questioned or impugned.[Amended by Ord. No. 00-24, enacted 11-21-00.]

2.135 Ordinances; Two Readings Required. [Repealed by Ord. No. 00-24, enacted Nov. 21,
2000.]

2.140 Robert's Rules of Order. Robert's Rules of Order Revised shall be used as the guideline for
conduct of Council meetings, except in those cases where specific provisions contrary to Robert's
Rules are provided herein.




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2.145 Ward Appointment. The five (5) Council Wards shall be as set forth on the map located at
the end of this Chapter, and incorporated herein by this reference. Pursuant to Section 8 of the City
Charter, the Council may establish or change the boundaries of any ward by four affirmative votes of
its members@
[Added by Ord. No. 6388, enacted April 5, 1982; amended by Ord. No. 92-03, enacted Feb. 5, 2002;
amended by Ord. No. 04-08, enacted Sept. 20, 2004.]

2.150 Elections - Payment for Circulation of Petitions Prohibited. No person shall pay or
receive a valuable consideration for procuring a signature to an initiative or referendum petition for
City legislation or for a recall petition for a City official.
[Added by Ord. No. 6577, enacted Sept. 18, 1989.]

2.155 Initiative and Referendum - One Year Time Limit for Collection of Signatures. No
initiative or referendum petition may be filed with the City elections officer unless the signatures on
the petition have been secured within three hundred sixty-five (365) days after the date on which the
ballot title and prospective petitions are approved by the City or the ballot title is certified by Circuit
Court, whichever occurs later.
[Added by Ord. No. 94-27, enacted Oct. 20, 1994.]

INITIATIVE AND REFERENDUM

2.205 to 2.295                  [Repealed by Ord. No. 6573, enacted Sept. 5, 1989.]




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CITY BOARDS AND COMMISSIONS

CITY PLANNING COMMISSION

2.300 Composition. There is hereby continued a City Planning Commission. The Mayor and City
Attorney are hereby made ex-officio members of the City Planning Commission. The Mayor shall
appoint seven other members to the Commission. No more than two (2) voting members of the
Commission may engage principally in the buying, selling or developing of real estate for profit as
individuals, or be members of any partnership, or officers or employees of any corporation, that
engages principally in the buying, selling or developing of real estate for profit. No more than two
(2) members shall be engaged in the same kind of occupation, business, trade or profession.
[Amended by Ord. No. 6603, enacted June 4, 1990.]

2.302 Terms; Vacancies. The seven (7) members appointed by the Mayor shall hold office for four
(4) years; except that, in case of vacancy, the Mayor shall fill the vacancy by appointment only for
the unexpired portion of the term. Commission members who accumulate more than three (3)
unexcused absences from Commission meetings within a one-year period may be removed from the
Commission on notice given by the Mayor.

2.304 Officers.
               (1)     At the first meeting in July of each year, the Commission shall elect a
president and vice-president, each of whom shall hold office during the pleasure of the Commission.
               (2)     The Commission shall elect a secretary, who is not a member of the
Commission and may, if it desires, make the Recorder its secretary. In the latter event, such
secretarial work is hereby made the duty of the Recorder.

2.306 Quorum. Four (4) members of the Commission shall constitute a quorum. Ex-officio
members shall not be counted for quorum purposes.
[Amended by Ord. No. 6603, enacted June 4, 1990.]

2.308 Meetings. The Commission shall meet at least once a month, and the Council shall provide a
suitable place for its meetings.

2.310 Rules of Procedure. The Commission may make and alter rules and regulations for its
government and procedure consistent with the laws of the State and with the Charter and provisions
of this Code and other ordinances of the City.




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2.312 Powers and Duties. The Council recognizes the fact that the Commission is authorized by
the laws of the State, and that its powers and duties are designated by legislative act and not by the
City Charter or ordinance. Therefore, all powers and duties given the City Planning Commission by
the laws of the State are hereby declared to be the powers and duties of the Commission.




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PARKING DISTRICT COMMITTEE

2.320 Parking District Committee Appointment.
         (1) There shall be continued a Parking District Committee, which shall be appointed by the
Mayor, with approval of the Council. The function of the Committee shall be to make
recommendations to and advise the Council on public parking matters within the Urban Renewal
District created by Ordinance No. 6585 and as shown on the map located at the end of this Chapter.
In addition, the Committee shall review demands for parking, conduct inventories and update parking
areas to establish adequate spaces in the downtown area, including the following:
               (a)      Two hour parking zones.
               (b)      Long-term parking zones.
               (c)      The areas in public off-street parking for long-term parking.
               (d)      Reserved or exclusive reserved parking spaces.
               (e)      Disabled parking, loading and unloading.
The District may, as necessary, further create sub-zones within the Downtown Parking District to
regulate the parking therein.
         (2) The Committee shall be composed of nine (9) members who shall be appointed as
follows:
         (a) A minimum of five (5) City resident members who own real property, or who own or
operate businesses, located within the Parking District boundaries shall be appointed.
         (b) A maximum of four (4) members who own real property, or who own or operate
businesses, located within the Parking District boundaries, even though they may not live in the City
limits, shall also be appointed.
         (3) Four (4) members of the Committee shall constitute a quorum for the conduct of
District meetings.
[Amended by Ord. No. 6638, enacted Aug. 19, 1992; Amended by Ord. No. 94-35, enacted Jan. 6,
1995; Amended by Ord. No. 02-04, enacted March 4, 2002.]

2.322 Term of Office. The term of office for the members shall be four (4) years. New members
or reappointed members shall be appointed for a term of four (4) years. A new chairperson or
reelected chairperson shall be elected at the first meeting after July 1 of each year.

2.330 to 2.336                [Repealed by Ord. No. 6474, enacted Sept. 17, 1984.]




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PARKS, RECREATION AND CEMETERIES ADVISORY BOARD

2.340 Advisory Board. There is hereby continued a Parks, Recreation and Cemeteries Advisory
Board, which shall consist of one (1) Council member and six (6) citizens of the City appointed by
the Mayor. The citizen members shall be appointed for a term of four (4) years; except that, in the
event of a vacancy during a term of office, the appointment shall be only for the unexpired portion
thereof. The Council member shall be appointed annually.

2.342 Chairperson; Meetings; Quorum. The Advisory Board shall elect a chairperson to serve
for a one-year term, beginning January 1 of each year. The Advisory Board shall have at least one
regular meeting each month, or it may meet when three (3) of its members issue a request for a
meeting, filed with the Public Works Director, who shall call such a meeting and notify the
chairperson thereof. The Director may call special meetings by notifying the Advisory Board
members when special or unusual business must be decided before regularly scheduled meetings.
Any four (4) members shall constitute a quorum to transact business.
[Amended by Ord. No. 6426, enacted July 18, 1983; Amended by Ord. No. 94-26, enacted Oct. 20,
1994.]

2.344 Powers and Duties. The Advisory Board shall adopt rules for its own organization and
procedure. Such rules adopted by the Advisory Board shall be filed with the City Manager after
adoption. The Advisory Board shall act in an advisory capacity to the Council in all matters
pertaining to the operation, planning, development, improvement, beautification, equipment,
maintenance, and recreation program of public parks and cemeteries, including the facilities of the
City both within and without the corporate limits. The Advisory Board shall have, in addition to the
above, the following duties and powers:
                (1)     Every year, to review and submit to the Council its recommendation for the
Parks, Recreation and Cemetery Division's annual budgets for the ensuing two fiscal years.
                (2)     To review from time to time the plans and recommendations for the
development of parks, recreation and cemetery facilities of the City and advise the Division on its
recommendations for such purposes.
                (3)     To provide, through recommendation and advice to the Council, clean and
wholesome recreation for the citizens of the City, and particularly the children thereof, to the end that
juvenile delinquency shall be minimized.
                (4)     The Advisory Board may provide for temporary restriction as to use of any
part or area within the boundaries of any City park or cemetery and to temporarily close to use by the
public any part or area of any City park or cemetery, such action to be reported to the City Manager
as soon as adopted.
                (5)     The Advisory Board may receive recommendations from the Director on
pricing schedules for cemetery resale items, grave sites and services and recommend such pricing to
the Council for formal adoption. The Cemetery Superintendent shall from time to time review and
recommend appropriate adjustment of existing pricing schedules to the Director and Advisory Board.



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2.346 Access to City Facilities. The Advisory Board members shall have free access for the
performance of official duties to all of the facilities of the Parks, Recreation and Cemetery Divisions
and may call upon the Division personnel through the Director to render to it such services as may be
required.




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PUBLIC CONTRACT REVIEW BOARD

2.350 Contract Review Board. Pursuant to ORS 279.055, the Council is hereby designated as the
City Contract Review Board. Relative to contract concerns of this City, the City Board shall have all
the powers granted to the State Public Contract Review Board.

2.352 Temporary Rules. There is hereby adopted by the City, for the purpose of establishing
temporary rules governing public contracts in the City, the rules of the State Public Contract Review
Board, Oregon Administrative Rules Chapter 127, one copy of which is filed in the office of the
Recorder. These temporary rules shall remain in effect until such time as City Contract Review
Board adopts rules to supersede the temporary rules.




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CHARTER REVIEW COMMISSION, DOCK COMMISSION,
GEOTHERMAL ADVISORY COMMITTEE

2.358 Geothermal Advisory Committee and Dock Commission Duties Assumed by City
Council. The duties, responsibilities and powers formerly conferred upon the Geothermal Advisory
Committee and the Dock Commission are assumed by the City Council. [Added by Ord. No. 97-11,
enacted April 21, 1997.]

CABLE TELEVISION ADVISORY BOARD

2.360 [Repealed by Ord. No. 6539, enacted Oct. 5, 1987.]

2.362 [Repealed by Ord. No. 6539, enacted Oct. 5, 1987.]

2.364 [Repealed by Ord. No. 6539, enacted Oct. 5, 1987.]

2.366 [Repealed by Ord. No. 6539, enacted Oct. 5, 1987.]


BOXING AND WRESTLING COMMISSION

2.370 [Repealed by Ord. No. 6539, enacted Oct. 5, 1987.]

2.372 [Repealed by Ord. No. 6539, enacted Oct. 5, 1987.]

CHARTER REVIEW COMMISSION

2.380- 2.388 [Repealed by Ord. No. 97-11, enacted April 21, 1997.]
GEOTHERMAL ADVISORY COMMITTEE

2.400- 2.402 [Repealed by Ord. No. 97-11, enacted April 21, 1997.]




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URBAN REDEVELOPMENT COMMITTEE

2.410 Urban Redevelopment Committee Established.

      (1.) There is hereby established a City Urban Redevelopment Committee composed of nine
(9) members to be appointed by the Mayor as follows:

               (a) A minimum of five (5) City resident members shall be appointed.

               (b) A maximum of four (4) members who own real property or who own or operate
               businesses within the Urban Renewal District boundaries and who are residents of
               Klamath County, even though they may not live within the City limits, shall also be
               appointed.

              (c) One of the nine committee board positions shall be permanently designated as a
               Klamath Arts Council position, to be appointed from the leadership of the Klamath
               Arts Council.

        (2.) Committee members shall, to the extent practical, represent the various downtown
              entities such as the Klamath Falls Historic Preservation Committee, the Downtown
              Parking District, the Chamber of Commerce, City, County and State governmental
              offices, City School District, the Klamath Downtown Association, downtown
              employees and downtown business and property owners.
[Added by Ord. No. 6589, enacted Feb. 5, 1990; amended by Ord. No. 02-15, enacted August 7,
2002; amended by Res. No. 02-17, enacted April 1, 2002.]

2.412 Terms; Vacancies.
         (1) At the first meeting of the Committee, the nine (9) appointed members shall choose
their terms by lot as follows:

               (a)    Four (4) members for two (2) years;
               (b)    Five (5) members for four (4) years.

      Immediately after the initial terms have been so determined, the Committee shall notify the
Mayor of the results.

         (2) The successors of the nine (9) appointed members shall hold office for four (4) years;
except that, in the case of a vacancy, the Mayor shall fill the position by appointment only for the
unexpired portion of the term.

       (3.) Any member may be reappointed for more than one term.
[Added by Ord. No. 6589, enacted Feb. 5, 1990; amended by Ord. No. 02-15, enacted August 7,
2002.]

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2.414 Rules of Procedure. Selection of officers, quorum and voting requirements, and rules of
procedure shall be left to the discretion of the Committee.
[Added by Ord. No. 6589, enacted Feb. 5, 1990; amended by Ord. No. 02-15, enacted August 7,
2002.]

2.416 Powers and Duties. The Committee shall act as an advisory citizen body to the City Council
in the administration and implementation of the City of Klamath Falls Urban Redevelopment Plan.
Public meetings of the Committee are to be held monthly and in carrying our its advisory duties the
Committee shall make every effort to assure opportunities for public input.
[Added by Ord. No. 6589, enacted Feb. 5, 1990; amended by Ord. No. 02-15, enacted August 7,
2002.]




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AIRPORT COMMISSION

2.420- 2.424 [Repealed by Ord. #97-11, enacted April 21, 1997.]

UTILITY COMMISSION

2.430 - 2.434 [Repealed by Ord. #97-16, enacted June 16, 1997]

DOWNTOWN DESIGN REVIEW COMMISSION

2.450 Downtown Design Review Commission. There is hereby created a Downtown Design
Review Commission in and for the City of Klamath Falls Downtown Business Zone, hereinafter
referred to as "Downtown".
[Added by Ord. No. 96-08, enacted April 4, 1996.]

2.452 Commission Membership. The Downtown Design Review Commission shall consist of
seven (7) members appointed by the Mayor, constituted as follows: all of which shall be members at
large who shall be residents of the City and interested in Downtown and community appearance. At
least four (4) members shall be actively engaged in business in the Downtown, two (2) members shall
be architects and/or structural engineers, one (1) of whom may be a landscape architect, and one (1)
member shall have experience in the field of historic preservation. In making appointments to the
Commission, the Mayor shall seek to appoint as members persons who are recognized as experienced
in matters of aesthetic judgment by virtue of training, education and experience (such as architects,
landscape architects, real estate appraisers, land planners or persons specifically qualified for reasons
of education, training or experience in the area of graphic or allied arts), and possessing qualities of
impartiality and broad judgment. No member of the Commission shall participate in discussion with
or vote on requests for a design approval from any client he/she is serving nor shall such member so
participate or vote in connection with any business or property, the ownership of which he/she has a
substantial interest or of which he/she is an officer or employee.
[Added by Ord. No. 96-08, enacted April 4, 1996.]

2.454 Terms of Members. The term of office for each member to the Commission shall be three
(3) years, unless such appointment is to fill the unexpired term created by a vacancy. The office of
any Commission member who fails to attend three (3) consecutive Commission meetings without
having been excused by the Commission, or who fails to attend one-half (2) of the total of all
Commission meetings scheduled or called during any one (1) year period, may be declared vacant by
a majority vote of the remaining members of the Commission. Upon receipt of notice of declaration
of vacancy from the Commission, or in the event a vacancy in any office of a member of the
Commission occurs for any reason the Mayor shall appoint a successor to a new three year term of
office created by the vacancy. All appointees shall hold their offices for their respective terms and
until their successors are appointed.
[Added by Ord. No. 96-08, enacted April 4, 1996.]
2.456 Officers of the Commission. The officers of the Commission shall be a chair and a vice

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chair, to be elected by the Commission from its members annually at the first meeting of the
Commission. The term of office for each officer shall be one (1) year.
[Added by Ord. No. 96-08, enacted April 4, 1996.]

2.458 Duties of the Chair. The chair shall have the duty of calling all meetings and shall preside at
all meetings of the Commission. In the absence of the chair, the vice chair shall assume the duties of
chair.
[Added by Ord. No. 96-08, enacted April 4, 1996.]

2.460 Meetings of the Commission.
                (1)   All meetings of the Commission shall be held at the call of the chair and at
such other times as the Commission shall determine. Four (4) members of the Commission shall
constitute a quorum. A majority decision of members present at a duly constituted meeting shall be
required for all Commission actions.
                (2)   The Commission may adopt its own rules of procedures.
                (3)   All meetings of the Commission shall comply with Oregon's public meeting
law.
[Added by Ord. No. 96-08, enacted April 4, 1996.]

2.462 Powers and Duties. The Commission shall have the following powers and duties:
                (1)     To hold public hearings on and make recommendations to the Planning
Commission and the City Council for amendments to the Downtown Business Zone Design
Standards as set forth in Chapter 14 of the Community Development Ordinance ACDO@.
                (2)     To consult with and cooperate with other Commissions, City Departments, and
any other governmental bodies on matters affecting the appearance of Downtown.
                (3)     To study exterior design drawings, landscape and site plans and materials for
any proposed public works or public improvements (except for replacement in kind of existing public
landscaping) and to make recommendations as to the architectural or aesthetic aspects thereof to the
Planning Commission and the City Council (in the case of zoning and planning matters pending
before it) or City Manager (in all other areas).
                (4)     When required, to review proposed building designs pertaining to applications
for design review or building permits and to make recommendations thereto.
[Added by Ord. No. 96-08, enacted April 4, 1996.]

2.464 Review Authority of the Commission Over Exterior Architectural Features of
Buildings and Structures. No permit required under the CDO for a sign or for erection,
construction, alteration or repair of any building or structure in the Downtown Business Zone which
involves an exterior design feature shall be issued by the Community Development Director or
Planning Commission except upon its submission to the Commission for review and
recommendation. If the Director shall determine that no exterior design feature is involved in the
work for which the permit is sought, no review is required hereunder.
[Added by Ord. No. 96-08, enacted April 4, 1996.]


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2.466 Procedure for Review.
                (1)     Community Development Director's Duty. It shall be the duty of the Director
or his designee, after receipt of an application for a permit, to determine and advise the applicant
whether review by the Design Review Commission is required.
                (2)     Preliminary Design Review. Any applicant or prospective applicant for a
design review or building permit which may require Design Review Commission review may request
a preliminary design review. City planning staff shall review with the applicant the design standards
which must be met for approval of the project. The applicant shall be given an informal opinion to
assist said prospective applicant in the development of a plan which would be consistent with the
requirements and purposes of the design standards.
                (3)     Application for Review.
                        (a)     The Commission shall review submitted applications within ten (10)
                days of receipt.
                        (b)     Applicants for review which may require design review may request to
                be scheduled for the next meeting of the Commission in order to address the concept
                of the proposed project with the Commission.
                        (c)     The fact that an application for design review has been filed and is
                pending shall not be cause for the Director to delay the review of plans relating to the
                building and zoning aspects of the project, while said application is pending.
                        (d)     The Commission may make recommendations as to changes in the
                drawings and sketches of the exterior, landscaping, site plan, materials and colors
                which in the judgment of the Commission would tend to affect the general purpose of
                the design standards.
                        (e)     After considering the material presented, the Commission shall
                recommend approval if it finds that:
                                (i) The applicant's plans are substantially consistent with the
                        Downtown Business Zone standards;
                                (ii) The proposed exterior design features of the development are
                        suitable and compatible with the character of Downtown buildings and
                        structures existing or under construction, and contribute to the favorable
                        environment of the Downtown;
                                (iii) The exterior design features of the development will not be
                        detrimental to the harmonious and orderly growth of Downtown; and
                                (iv) The exterior design features of the development will not cause a
                        substantial depreciation in the property values or taxable values of the
                        Downtown.
                        (f) The Commission shall render its decision within ten (10) days after receipt
                of an application and shall notify the Director. In the event that the Commission
                determines that the application does not satisfy the design standards it shall identify
                the deficiencies and so notify the Director.
                        (g) Amendments to a certificate may be obtained by application therefor in
                the same manner as provided for an original approval.
[Added by Ord. No. 96-08, enacted April 4, 1996.]

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CITY EMPLOYEES – COLLECTIVE BARGAINING

2.504 TO 2.579 [Repealed by Ord. No. 6581, enacted Oct. 2, 1989.]

BALLOT MEASURE 37

2.500 Purpose and Definitions

      (1) Purpose. Sections 2.500 through 2.530 of this Code are intended to implement the
          provisions added to Chapter 197 of Oregon Revised Statutes by Ballot Measure 37
          (approved by voters on November 2, 2004). These Code sections: establish a prompt,
          open, thorough and consistent process that enables property owners an adequate and fair
          opportunity to present their claims to the City; preserve and protect limited public funds;
          preserve and protect the interests of the community by providing for public input into the
          process of reviewing demands for compensation and by providing a cause of action for
          property owners whose property values are adversely impacted by a City decision to
          modify, remove or not apply a land use regulation; and establish records of the City’s
          decisions that are capable of Circuit Court review.

      (2) Definitions As used in Sections 2.500 through 2.530 of this Code, the following words
          and phrases mean:
             (a) Appraisal. A written statement prepared by an appraiser licensed by the
                 Appraiser Certification and Licensure Board of the State of Oregon pursuant to
                 ORS Chapter 674. In the case of commercial or industrial property, the term
                 “Appraisal” additionally means a written statement prepared by an appraiser
                 holding the MAI qualification, as demonstrated by written certificate.
             (b) City Manager. The City Manager of the City of Klamath Falls, or his or her
                 designee.
             (c) Claim. The “written demand for compensation” required to be made by an
                 Owner of real property under Oregon Revised Statutes Chapter 197, as amended
                 by Ballot Measure 37, passed November 2, 2004.
             (d) Exempt Land Use Regulation. A land use regulation that:
                     i. Restricts or prohibits activities commonly and historically recognized as
                          public nuisances under common law;
                     ii. Restricts or prohibits activities for the protection of public health and
                          safety, such as fire and building codes, health and sanitation regulations,
                          solid or hazardous waste regulations, and pollution control regulations;
                     iii. Is required in order to comply with federal law;
                     iv. Restricts or prohibits the use of property for the purpose of selling
                          pornography or performing nude dancing; or
                     v. Was enacted prior to the date of acquisition of the property by the Owner
                          or a Family Member who owned the subject property prior to acquisition
                          or inheritance by the Owner, whichever occurred first.

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               (e) Family Member. Includes the wife, husband, son, daughter, mother, father,
                   brother, brother-in-law, sister, sister-in-law, daughter-in-law, father-in-law, aunt,
                   uncle, niece, nephew, stepparent, stepchild, grandparent, or grandchild of the
                   Owner of the property, an estate of any of the foregoing family members, or a
                   legal entity owned by any one or combination of these family members or the
                   Owner of the property.
               (f) Land Use Regulations. Includes:
                       i. Any statute regulating the use of land or any interest therein;
                       ii. Administrative rules and goals of the Land Conservation and
                            Development Commission;
Local government comprehensive plans, zoning ordinances, land division ordinances, and
transportation ordinances; and
                       iii. Statutes and administrative rules regulating farming and forest practices.
               (g) Measure 37. Means those amendments to Oregon Revised Statutes Chapter 197,
                   made by Oregon Ballot Measure 37, passed November 2, 2004, including
                   subsequent amendments.
               (h) Owner. The present owner of real property that is the subject of a Claim, or any
                   interest therein. The Owner must be a person who is the owner of the entire fee
                   simple of the real property, or all joint Owners whose interests add up to a fee
                   simple interest in the property.
               (i) Valid Claim. A Claim submitted by the Owner of real property that is subject to
                   a Land Use Regulation adopted or enforced by the City that restricts the use of the
                   private real property in a manner that reduces the fair market value of the real
                   property.

2.505 Claim Filing Procedures

       (1) A person seeking to file a Claim under Sections 2.500 through 2.530 of this Code must be
           the present Owner of the property that is the subject of the Claim at the time the Claim is
           submitted. The Claim shall be filed with the City Manager’s office, or another City office
           if so designated by the City Manager.

       (2) A Claim shall include:
              (a) The address, tax lot, and legal description of the real property that is the subject of
                  the Claim, together with a title report issued no more than 30 days prior to the
                  submission of the claim that reflects the ownership interest(s) in the property, or
                  other documentation reflecting all recorded ownership interests of the property;
              (b) The name(s), address(es) and telephone number(s) of all Owners of the subject
                  property and a description of the ownership interest of each, including the date(s)
                  the property interest was acquired by each Owner;
              (c) The current Land Use Regulation(s) that Owner(s) allege(s) restricts the use of
                  the real property and causes a reduction in the fair market value of the subject


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                   property and a statement of how the Land Use Regulation reduces the fair market
                   value;
               (d) The dollar amount of the Claim, based on the alleged reduction in value of the
                   real property supported by an Appraisal. In lieu of an Appraisal the City may
                   accept other forms of evaluations or reports prepared by objective, third-party
                   professionals;
               (e) Copies of any leases or Covenants, Conditions and Restrictions (“CCR’s)
                   applicable to the real property, if any, that impose restrictions or limitations on
                   the use of the property; and
               (f) Adjacent landowner notification information, within 500’ of the perimeter of the
                   subject property, including map and tax lot numbers, property owner names and
                   mailing addresses.

Each Claim shall be accompanied by a $100.00 advance application fee to be offset against City costs
in reviewing a Claim. The City Manager shall maintain a record of the City’s actual costs, including
staff time and legal costs, in processing and reviewing a Claim, and also including, without
limitation, the costs of obtaining information required by subsection (2) of this Section which an
Owner does not provide to the City. Following final action by the City on the Claim, the City
Manger shall mail to the applicant(s) an invoice for all actual costs that the City incurred in
reviewing and acting on the Claim.

               (g) In the event the advance application fee does not cover the City’s costs, the
                   applicant(s) shall pay the balance due within 30 days. If the balance due is not
                   paid within 30 days, the City may place a lien against the subject property for the
                   balance due and the City may take any enforcement actions necessary to collect
                   such amount as provided by law. A lien may be perfected by filing it in the City
                   of Klamath Falls lien records indicating the amount of the lien, the basis for the
                   lien and the property to which the lien attaches. No permits will be approved for
                   development on properties with a lien for unpaid processing fees. All balances not
                   paid within 30 days shall bear interest at 12% per annum.
               (h) In the event the advance application fee exceeds the City’s costs, then the excess
                   shall be returned to the applicant(s).
               (i) The advance application fee may be modified by Resolution of the City Council.
               (j) The City Council may, in its sole discretion, waive reimbursement of all or any
                   portion of costs as to any Claim.

2.510 Determining Validity of Claim: City Manager Investigation and Recommendation and
      City Council Public Hearing.

       (1) The City Manager shall investigate each Claim. Following an investigation of a Claim,
           the City Manager shall forward a recommendation to the City Council that the Claim be:
               (a) Denied;
               (b) Investigated further;

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             (c) Declared valid; or
             (d) Evaluated with the expectation that the City may acquire the subject property by
                 condemnation.

      (2) The City Council shall conduct a public hearing before taking final action on a
          recommendation from the City Manager. Notice of the public hearing shall be provided
          to the claimant(s) and to owner(s) of property within 500 feet of the perimeter of the
          subject property, and to neighborhood groups or community organizations officially
          recognized by the City Council whose boundaries include the subject property.

      (3) Upon conclusion of the public hearing, and prior to the expiration of 180 days from the
          date the Claim was filed, the City Council shall:
              (a) Determine that the Claim does not meet the requirements of Measure 37 and/or
                  Sections 2.500-2.530 of this Code, and deny the claim: or
              (b) Determine that the Claim meets the requirements of Measure 37 and Sections
                  2.500-2.530 of this Code and is a valid Claim; or
              (c) Direct the City Manager to report back to Council regarding possible City
                  acquisition of the subject property by condemnation.

2.515 Valid Claim: City Manager Investigation and Recommendation and City Council
      Action.

      (1) If the City Council determines that a Claim is valid, the City Manager shall investigate
          the Claim and shall forward a recommendation to the City Council that a Resolution
          (with findings supporting a determination that the Claim is valid) be adopted either:
               (a) Modifying, removing or not applying the challenged Land Use Regulation to
                   allow the Owner to use the subject property for a use permitted at the time the
                   Owner acquired the property;
               (b) Directing that the Owner(s) be compensated in an amount set forth in the
                   Resolution for the reduction in value of the property caused by the challenged
                   Land Use Regulation. Compensation can only be paid based on the availability
                   and appropriation of funds for this purpose; or
               (c) Initiating condemnation proceedings for acquisition of the subject property.

      (2) The City will accept donations from interested persons to acquire the property or to
          compensate the Owner(s) in order to avoid City action modifying, removing or not
          applying the challenged Land Use Regulation.

      (3) The City Council’s decision to modify, remove or not apply a Land Use Regulation, to
          acquire the subject property by condemnation or to compensate the Owner(s) shall be
          based on whether the public interest would be better served by acquiring the property, by
          compensating the Owner(s) or by removing, modifying or not applying the challenged
          Land Use Regulation with respect to the subject property. Due to the unavailability of

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           funding to compensate Owners pursuant to Measure 37, compensation will only be paid
           in extraordinary circumstances when the harm to the public interest in allowing a use of
           the subject property significantly outweighs the amount of compensation that will be
           paid.

       (4) Action by the City Council to modify, remove or not apply a Land Use Regulation does
           not operate to modify, remove or not apply any corresponding State Land Use Regulation
           or any Exempt Land Use Regulation.

       (5) Conditions of Approval and Revocation of Decision.
              (a) The City Council may establish any relevant conditions of approval for any
                  Council action regarding a valid Claim.
              (b) Failure to comply with any condition of approval imposed by Council is grounds
                  for revocation of any Council action taken regarding approval of the Claim,
                  including, without limitation, grounds for recovering any compensation paid.
              (c)     In the event the Owner, or Owner’s successor in interest, fails to fully comply
                  with all conditions of approval imposed by Council, the City Manager may
                  institute a revocation or modification proceeding before the Council.

2.520 Private Cause of Action. If the action of the City Council on an approved Claim results in
      the removal, modification or non-application of a Land Use Regulation and such action
      causes a reduction in value of other property located in the vicinity of the subject property,
      the Owner(s) of the other property or properties shall have a cause of action in the State of
      Oregon Circuit Court for Klamath County, or in any court of competent jurisdiction, to
      recover from Owner(s) of the property that was the subject of the Claim the amount of such
      reduction in value. This private cause of action is created pursuant to the “Home Rule”
      powers of Article XI, Section 2 of the Oregon Constitution. The prevailing party in any
      action brought pursuant to this section shall be entitled to recover reasonable attorney fees,
      expenses, costs and other disbursements reasonably incurred therein. This Section does not
      create a cause of action against the City of Klamath Falls.

2.525 Severability. If any phrase, clause, or other part or parts of Section 2.500-2.530 of this Code
      is found to be invalid by a court of competent jurisdiction, the remaining phrases, clauses and
      other part or parts shall remain in full force and effect.

2.530 Applicable State Law. For all Claims filed with the City of Klamath Falls, the applicable
      state law is Measure 37 as amended, modified or clarified by subsequent amendments or
      regulations adopted by the Oregon State Legislature or Oregon State Administrative
      Agencies. Any Claim that has not been processed completely under Sections 2.500-2.530 of
      this Code shall be subject to any such amendments, modifications, clarifications or other
      actions taken at the State level and these Sections shall be read in a manner so as not to
      conflict with such amendments, modifications, clarifications or other actions taken at the
      State level. The Sections 2.500-2.530 are adopted solely to address Claims filed under the

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authority of those provisions of Measure 37. Except as expressly provided in Section 2.520,
no rights independent of said provisions are created by adoption of Sections 2.500-2.530.
[Added by Ord. No. 04-12, enacted Dec. 1, 2004.]




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AIRPORT MANAGER

2.605 Airport Manager. There is hereby created the office of Airport Manager, who shall be
appointed by the City Manager and who shall serve at the pleasure of the City Manager.

2.610 Powers and Duties.
               (1)     The Airport Manager shall be the administrative officer of the airport and shall
be responsible to the City Manager for such administration. He/she shall have the authority to take
such action as may be necessary for the protection and safeguarding of the public while present at the
airport, and may suspend or restrict any or all operations deemed necessary in the interest of safety,
but these actions may be reviewed by the manager and the Council.
               (2)     In the event that the City should either take over or contract to provide the
operation and maintenance of property, facilities, or services of the United States Air Force at
Kingsley Field, the City Manager may delegate to the Airport Manager any or all of the following
powers and duties:
                       (a)     Responsibility for providing all necessary support services for United
               States Air Force or Air National Guard operations, including crash, fire and/or rescue;
               runway and taxiway maintenance; snow removal; facilities maintenance; utilities such
               as sewage, electric power and water; and similar services.
                       (b)     Responsibility for the operation and maintenance of the Airport
               Industrial Park.
                       (c)     Responsibility for security and law enforcement, in accordance with
               this Code and Federal Aviation Administration Rules and Regulations, within the
               confines of the Airport, Airport Industrial Park, and Falcon Heights Housing Area.
                       (d)     Responsibility for security and law enforcement, in accordance with
               this Code and Federal Aviation Administration Rules and Regulations, within the
               confines of the Airport, Airport Industrial Park, and Falcon Heights Housing Area.

2.615 Rulemaking.
                 (1)    The Airport Manager shall submit to the Council such proposed rules and
regulations for the management, care and control of the Klamath Falls Municipal Airport properties
as he/she considers necessary for the operation of the Airport. He/she shall publish such rules and
regulations as are approved by the Council in the Airport Operations Manual.
                 (2)    Such rules and regulations as are approved by the Council shall be posted at
the office of the Airport Manager, and a copy shall be kept available to the public in the office of the
Recorder. They shall have full force and effect as though they were adopted and made a part of this
Code and were incorporated and set out in full herein.

AIRPORT PASSENGER FACILITY CHARGE

2.620 Purpose. The purpose of Sections 2.620 through 2.632 (the AAct@) is to enact a passenger
facility charge program consistent with the Aviation Safety and Capability Expansion Act of 1990
and the regulations adopted thereunder. Revenues derived hereunder are to be used on FAA eligible

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projects designed to enhance the capacity, safety and development of the Klamath Falls Airport.

2.622 Definitions. For purposes of this Act, unless the context otherwise requires, the following
words and phrases shall mean:

       Airport. The Klamath Falls Airport-Kingsley Field, located in Klamath Falls, Oregon.

       Enplaned Passenger. A domestic, territorial or international revenue passenger enplaned at
       the Airport in a scheduled or nonscheduled aircraft in interstate, intrastate or foreign
       commerce, provided that Enplaned Passenger shall not include a passenger enplaning to a
       destination receiving essential air service compensation as provided by 14 C.F.R. 158.9.

       FAA. The Federal Aviation Administration, Department of Transportation, United States of
       America.

       Passenger Facility Charge. The charge imposed on Enplaned Passengers pursuant to 2.624.

2.624 Passenger Facility Charge.

       (1) Establishment of Passenger Facility Charge. Commencing not later than sixty days after
       the approval of the FAA of the City=s Passenger Facility Charge program authorized by this
       Act, or on such date thereafter as the Passenger Facility Charge can be collected as
       determined by the City Manager, there shall be imposed at the Airport a Passenger Facility
       Charge of $3.00 per enplaned passenger. Such fee may be amended from time to time by
       resolution of the City Council following public hearing and subject to approval of the FAA.
       (2) Expiration. The Passenger Facility Charge authorized by this Act shall expire on the date
       determined pursuant to regulations adopted by the FAA.

2.626 Eligible Projects. The Passenger Facility Charge collected pursuant to this program shall be
expended for projects approved by the City Council and determined to the FAA to be eligible.

2.628 Compliance With FAA Requirements. The Passenger Facility Charge authorized by this Act
shall be collected and distributed pursuant to the rules and regulations adopted by the FAA pursuant
to the Aviation Safety and Capability Expansion Act of 1990.

2.630 Reports; Payments of PFCs. Every person required to collect the passenger facility charge
shall file a quarterly report to the City providing an accounting of funds collected and funds remitted
as required by 14 C.F.R. Section 158.65 and shall remit to the City on a monthly basis the passenger
facility charges collected as required by 14 C.F.R. Section 158.51.

2.632 Violations. In the event any airline violates any term or condition of this Act, the City may
exercise any rights or remedies allowed by law or equity.


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DISPOSITION OF PERSONAL PROPERTY

2.650 Property or Money Coming Into Possession of Police; Record Keeping. All property or
money taken from persons under arrest or taken under suspicion or with knowledge of its having
been stolen or feloniously obtained, all property or money constituting evidence or proceeds of
crime, and all property or money lost or abandoned that may come into the possession of any member
of the Police Department shall be delivered to the Police Chief. A record shall be kept containing a
detailed description of the property, together with the name of the person from whom received, the
names of any claimants thereto, the time of the seizure, and the final disposition of the property.


2.655 Custody; Expense. Property taken into custody by the Police Department of the City by
reason of seizure or abandonment, or for any other reason, shall be held at the expense and risk of the
person lawfully entitled to possession thereof.

2.660 Reclamation by Owner. At any time within thirty (30) days after property has been taken
into possession by the Police Department, the person lawfully entitled to possession may reclaim it
on application to the Police Chief and upon satisfactory proof of right to possession and payment of
charges and expenses, if any, incurred in the preservation and custody of the property, provided that
the property is not needed as evidence.

2.665 Return of Property or Money to Persons Upon Release From Custody. When any person
arrested is adjudged not guilty of the offense charged and it has been determined that the property or
money taken belongs to such person, that Police Chief shall deliver the property or money to him/her
personally and take a written receipt thereof. If the accused is held for trial or examination, the
money or property shall remain in the custody of the Police Chief until the discharge or conviction of
the person accused, unless the Police Chief has delivered the property or money to a State or County
officer, as provided by law. This Section shall be subject to any specific Code provision dealing with
confiscation and destruction.

2.670 Disposition of Unclaimed Property. Subject to other Code provisions, all unclaimed
property that has been in the possession of the Police Department for at least six (6) months or, in the
case of a bicycle, at least thirty (30) days, and is no longer needed as evidence shall be disposed of by
the Police Chief in one of the following ways:
                 (1)     It shall be destroyed, if so directed by Federal, State or City laws.
                 (2)     If the use of such property is requested by any department of the City and the
property so requested is not subject to destruction under applicable Federal, State or City laws or as
provided herein, the property shall be turned over to the City Manager, who shall sign and return a
receipt for it to the department making the request.
                 (3)     If the use of such property is requested by any charitable or nonprofit
organization, recognized as such pursuant to Federal Internal Revenue Statutes, and the property so
requested is not subject to destruction, the property may be turned over to the organization upon
approval by the City Manager.

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                 (4)      All such property which is not disposed of as provided in Subsections (1), (2),
or (3) shall be sold at public auction to the highest bidder. A public auction shall be held at least
once a year at a time and place to be fixed by the Police Chief. The Police Chief shall give notice of
the sale at least five (5) days before the time fixed thereof by publication once in the official City
newspaper. Such notice shall state the day and hour when the sale is to commence, the place at
which it is to be held, and shall contain a general description of the property to be sold or refer to a
list thereof on file in the office of the Police Chief. The notice shall be signed by the Police Chief.
The sale shall be conducted by the Police Chief. The proceeds of the sale shall, together with all
money unclaimed for a period of six months or more, be paid to the Recorder and placed in the
general fund of the City.

2.675 Certificate of Sale. At the time of payment of the purchase price for bicycles or parts thereof
sold by the City at public auction, the Police Chief shall make and execute a certificate of sale in
duplicate, the original of which shall be delivered to the purchaser.

2.680 Payment of Portion of Proceeds to Owner. At any time within the period of two (2) years
after the sale of any property at public auction by the City, the owner of any property sold shall be
entitled to have the balance of the proceeds of such sale paid to him/her, upon making application
thereof to the City Manager and presenting satisfactory proof of ownership.

2.685 Liability of City for Condition of Title, Validity of Sale, Etc. The City assumes no
responsibility as to the condition of title to any property sold at public auction by the City. In case
such a sale shall for any reason be invalid, the liability of the City is limited to the return of the
purchase price.




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EMERGENCY MANAGEMENT ACT

2.700 Purposes. The declared purposes of this Act are to:
              (1) Provide for the preparation and carrying out of plans for the protection of persons
and property within this City in the event of an emergency; the direction of the emergency
management organization; and the coordination of the emergency functions of this City with all other
public agencies, corporations, organizations and affected private persons; and
              (2) Implement the provisions of ORS Chapter 401.
[Added by Ord. No. 93-19, enacted Nov. 16, 1993.]

2.702 Emergency Defined. As used in this Act, "emergency" means any man-made or natural
event or circumstance causing or threatening, loss of life, injury to person or property, human
suffering or financial loss, and includes, but is not limited to, fire, explosion, flood, severe weather,
drought, earthquake, volcanic activity, spills or releases of oil or hazardous material as defined in
ORS 466.605, contamination, utility or transportation emergencies, disease, blight, infestation, crisis
influx of migrants unmanageable by the county, civil disturbance, riot, sabotage and war.
[Added by Ord. No. 93-19, enacted Nov. 16, 1993.]

2.704 City Emergency Management Agency. The City Emergency Management Agency is
created, and shall consist of the following:
                (1)    The Mayor, who shall be chairperson.
                (2)    The Emergency Program Manager, who shall be vice chairperson.
                (3)    The Assistant Emergency Program Manager.
                (4)    Such chiefs of emergency services as are provided for in a current emergency
plan of this City, adopted pursuant to this Act.
                (5)    Such representatives of civic, business, labor, veterans, professional, or other
organizations having an official emergency responsibility, as may be appointed by the Manager with
the advice and consent of the City Council.
[Added by Ord. No. 93-19, enacted Nov. 16, 1993.]

2.706 Emergency Management Agency - Powers and Duties. It shall be the duty of the City
Emergency Management Agency, and it is empowered, to develop and recommend for adoption by
the City Council, emergency and mutual-aid plans and agreements, and such ordinances and
resolutions and rules and regulations as are necessary to implement such plans and agreements. The
Agency shall meet upon call of the chairperson or, in the chairperson's absence from the City or
inability to call such meeting, upon call of the vice chairperson.
[Added by Ord. No. 93-19, enacted Nov. 16, 1993.]

2.708 Emergency Program Manager.
             (1)    The City Manager is designated the Emergency Program Manager.
             (2)    The Chief of Police is designated the Assistant Emergency Program Manager.
[Added by Ord. No. 93-19, enacted Nov. 16, 1993.]


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2.710 Powers and Duties.
      (1) The Manager is empowered to:
                    (a)     Request the City Council to proclaim the existence or threatened
            existence of a "local emergency" or to issue such proclamation if the City Council is
            not reasonably available. Whenever a local emergency is proclaimed by the
            Manager, the City Council shall take action to ratify the proclamation within seven
            (7) days thereafter or the proclamation shall have no further force or effect.
                    (b)     Request the Governor, in coordination with the County, to proclaim a
            "state of emergency" when, in the opinion of the Manager, the locally available
            resources are inadequate to cope with the emergency.
                    (c)     Control and direct the effort of the emergency organization of this City
            for the accomplishment of the purposes of this Act.
                    (d)     Direct cooperation between and coordination of services and staff of
            the emergency organization of this City, and resolve questions of authority and
            responsibility that may arise between them.
                    (e)     Represent this City in all dealings with the public or private agencies
            on matters pertaining to emergencies as defined in this Act.
                    (f)     In the event of the proclamation of a "local emergency" as provided in
            this section, the proclamation of a "state of emergency" by the Governor or the
            existence of a "state of war emergency," the Manager is empowered:
                            (i)     To make and issue rules and regulations on matters reasonably
                    related to the protection of life and property as affected by such emergency.
                    Provided, however, such rules and regulations must be confirmed at the
                    earliest practicable time by the City Council;
                            (ii) To obtain vital supplies, equipment, and such other properties
                    found lacking and needed for the protection of life and property and to bind
                    the City for the fair value thereof and, if required immediately, to
                    commandeer the same for public use;
                            (iii) To require emergency services of any City officer or employee
                    and, in the event of the proclamation of a "state of emergency" in Klamath
                    County or the existence of a "state of war emergency", to command the aid of
                    as many citizens of this community as he/she deems necessary in the
                    execution of his/her duties; such persons shall be entitled to all privileges,
                    benefits and immunities as are provided by state law for registered emergency
                    service workers;
                            (iv) To requisition necessary personnel or material of any City
                    department or agency; and
                            (v) To execute all of his/her ordinary power as City Manager, all of
                    the special powers conferred upon him/her by this Act or by resolution or
                    emergency plan pursuant hereto adopted by the City Council, all powers
                    conferred upon him/her by ORS Chapter 401, by any agreement approved by
                    the City Council, and by any other lawful authority.
      (2) The Assistant Manager shall assume the duties of the Manager in the event the

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Manager is unavailable to attend meetings and otherwise perform his/her duties during an
emergency.
                (3)     The Assistant Manager shall, under the supervision of the Manager and with
the assistance of the emergency service chiefs, develop emergency plans and manage the emergency
programs of this City, and shall have such other powers and duties as may be assigned by the
Manager.
[Added by Ord. No. 93-19, enacted Nov. 16, 1993.]

2.712 Emergency Organization - Composition. All officers and employees of this City together
with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations
and persons who may, by agreement or operation of law, including persons impressed into service
under the provisions of Subsection 2.710 (1)(f)(iii), charged with duties incident to the protection of
life and property in this City during such emergency, shall constitute the emergency organization of
the City.
[Added by Ord. No. 93-19, enacted Nov. 16, 1993.]

2.714 Emergency Plan. The City Emergency Management shall be responsible for the
development of the City Emergency Plan, which plan shall provide for the effective mobilization of
all of the resources of the City, both public and private, to meet any condition constituting a local
emergency, and shall provide for the organization, powers and duties, services and staff of the
emergency organization. Such plan shall take effect upon adoption by resolution of the City Council.

[Added by Ord. No. 93-19, enacted Nov. 16, 1993. Amended by Res. No. 99-19, enacted May 3,
1999.]

2.716 Expenditures. Any expenditures made in connection with emergency activities, including
mutual-aid activities, shall be deemed conclusively to be for the direct protection and benefit of the
inhabitants and property of the City.
[Added by Ord. No. 93-19, enacted Nov. 16, 1993.]

2.718 Violations - Penalties. It shall be a misdemeanor, punishable by a fine of not to exceed Five
Hundred Dollars ($500.00), or by imprisonment for not to exceed six (6) months, or both, for any
person, during an emergency to:
                 (1)     Willfully obstruct, hinder or delay any member of an emergency organization
in the enforcement of any lawful rule or regulation issued pursuant to this Act, or in the performance
of any duty imposed upon him/her by virtue of this Act.
                 (2)     Do any act forbidden by any lawful rule or regulation issued pursuant to this
Act, if the act is of such nature as to give, or be likely to give, assistance to the enemy, or to imperil
the lives and property of inhabitants of this City, or to prevent, hinder or delay the defense or
protection thereof.
[Added by Ord. No. 93-19, enacted Nov. 16, 1993.]




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MUNICIPAL COURT AND COURT PROCEDURE

MUNICIPAL COURT

2.800 Municipal Judge. The Municipal Judge shall be the judicial officer of the City. He/she shall
hold court for the transaction of judicial business at times specified by the Council. Pro-tem judges
shall be appointed by the Council when necessary.

2.802 Criminal Procedure Statutes Govern Generally. Except as otherwise provided by this
Code, an action in Municipal Court is prosecuted and the judgment enforced in the manner provided
in the Oregon Criminal Procedure Code, as the same now exists or may hereafter be amended.

2.804 Application of State Statutes. Provisions of the Oregon Criminal Code, as the same now
exists or may hereafter be amended, relating to defenses and burden of proof, general principles of
criminal liability, parties, and general principles of justification, shall apply to offenses and violations
defined and made punishable by this Code.

2.806 Form and Sufficiency of Complaint. The form of a criminal complaint and the sufficiency
thereof shall be as provided by the State statutes.

2.808 Issuance, Requisites and Execution of Warrant of Arrest. A warrant of arrest shall be
issued, directed and executed in all respects as the warrant mentioned in ORS 133.140.

2.810 Reading Complaint to Defendant; Pleading. When the defendant is brought before the
Judge, the complaint shall be read to him/her and the defendant shall plead thereto. A copy of a
criminal complaint shall also be provided to the defendant.

2.812 Release From Custody. Decisions regarding release of persons in custody shall be made
according to the provisions of State statute.

2.814 Judgment on Plea of Guilty, No Contest or Conviction. When the defendant pleads guilty
or no contest, or is convicted, either by the Judge or the jury, the Judge shall give judgment thereon
for such punishment as may be prescribed for the offense.

2.816 Prosecution.
               (1)    When the defendant appears without an attorney, the action shall be prosecuted
by the complaint.
               (2)    When the defendant appears with an attorney, the action shall be prosecuted by
the City Attorney; provided, however, no judgment of conviction can be given by the Court unless
the complainant appears as a witness.

2.818 Representation. Except as provided in Section 2.816(1), no person other than an attorney
licensed to practice in this State shall represent a defendant in Municipal Court.

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2.820 Effect of Nonpayment of Fines or Costs.
                (1)      When a defendant sentenced to pay a fine defaults in the payment thereof or of
any installment, the Court on motion of the City Attorney or upon its own motion may require the
defendant to show cause why the default should not be treated as contempt of Court, and may issue a
show cause citation or a warrant of arrest for his/her appearance.
                (2)      Unless the defendant shows that the default was not attributable to an
intentional refusal to obey the order of the Court or to a failure on his/her part to make a good faith
effort to make the payment, the Court may find that the default constitutes contempt and may order
the defendant committed until the fine or a specified part thereof is paid.
                (3)      When a fine is imposed on a corporation, unincorporated association, or
similar organization, it is the duty of the person authorized to make disbursement from the assets of
the corporation, association or organization to pay the fine from those assets, and failure to do so may
be held to be contempt unless the person makes the showing required in Subsection (2).
                (4)      The term of imprisonment for contempt for nonpayment of fines shall be set
forth in the commitment order and shall not exceed one (1) day for each Twenty-Five Dollars
($25.00) of the fine or thirty (30) days, whichever is the shorter period. A person committed for
nonpayment of a fine shall be given credit toward payment for each day of imprisonment at the rate
specified in the commitment order.
                (5)      If it appears to the satisfaction of the Court that the default in the payment of a
fine is not contempt, the Court may enter an order allowing the defendant additional time for
payment, reducing the amount thereof or of each installment or revoking the fine or the unpaid
portion thereof in whole or in part.
                (6)      A default in the payment of a fine or costs or any installment thereof may be
collected by any means authorized by law for the enforcement of a judgment. The levy of execution
for the collection of a fine shall not discharge a defendant committed to imprisonment for contempt
until the amount of the fine has actually been collected.

2.822 General Penalty; Continuing Violations.
                (1)     Whenever in this Code or in any
other ordinance of the City any act is prohibited or is made or declared to be unlawful or an offense,
or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense,
where no specific penalty is provided, the violation or any such provisions of this Code or any other
ordinance of the City shall be punished by a fine not exceeding Five Hundred Dollars ($500.00),
except as provided in Subsection (2).
                (2)     If there is a violation of any provision identical to a State statute with a lesser
penalty attaching, punishment shall be limited to the lesser penalty prescribed by State law.
                (3)     Every day a violation of this Code or any ordinance of the City continues shall
constitute a separate offense.

2.824 Definitions. As used in Sections 2.824, 2.826, and 2.828, the following words and phrases
shall mean:
                    Court. The Municipal Court of the City of Klamath Falls.
                    Criminal activities. Any Code offense with respect to which the defendant is

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             convicted or any other Code offense admitted by the defendant.
                     Offense. Conduct for which a sentence to a term of imprisonment or to a fine
             is provided. An offense is either a crime, a violation, or a traffic infraction.
                     Pecuniary damages. All special damages, but not general damages, which a
             person could recover against the defendant in a civil action arising out of the facts or
             events constituting the defendant's criminal activities and shall include, but not be
             limited to, the money equivalent of property taken, destroyed, broken or otherwise
             harmed, and losses such as medical expenses.
                     Restitution. Full, partial, or nominal payment of pecuniary damages to a
             victim.
                     Victim. Any person whom the Court determines has suffered pecuniary
             damages as a result of the defendant's criminal activities; "victim" shall not include
             any co-participant in the defendant's criminal activities.
[Added by Ord. No. 6331, enacted March 4, 1981.]

2.826 Restitution.
                 (1)      When a person is convicted of criminal activities which have resulted in
pecuniary damages, in addition to any other sentence it may impose, the Court may order that the
defendant make restitution to the victim.
                 (2)      In determining whether to order restitution which is complete, partial or
nominal, the Court shall take into account:
                          (a)     The financial resources of the defendant and the burden that payment
                 of restitution will impose, with due regard to the other obligations of the defendant;
                          (b)     The ability of the defendant to pay restitution on an installment basis
                 or on other conditions to be fixed by the Court; and
                          (c)     The rehabilitative effect on the defendant of the payment of restitution
                 and the method of payment.
                 (3)      If the defendant objects to the imposition, amount, or distribution of the
restitution, the Court shall, at the time of sentencing, allow him to be heard on such issue.
[Added by Ord. No. 6331, enacted March 4, 1981.]

2.828 Effect of Restitution Order on Other Remedies of Victim. The effect of a restitution order
pursuant to Section 2.826 is intended to be interpreted and applied consistent with ORS 137.109.

[Added by Ord. No. 6331, enacted March 4, 1981.]




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CITIZEN COMPLAINTS

2.830 Filing Complaint by Private Person. An action may be commenced by a private person by
the filing of a complaint, verified by the oath of the person commencing the action, who is thereafter
known as the complainant.

2.832 Security for Costs. Before filing or receiving the complaint in a criminal action, the Judge
may require the complainant to give security for costs and disbursements in the amount authorized in
civil actions and not otherwise.

2.834 Procedure. Upon entry of a plea, procedure shall conform to that provided for other actions
in Municipal Court.

2.836 Warrant of Arrest; Citation in Lieu of Arrest. Upon the filing of the complaint, the Judge
shall authorize a police officer to issue and serve a citation, or may issue a warrant of arrest for the
defendant named therein.




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UNIFORM SHORT-FORM COMPLAINT AND CITATION

2.840 Establishment and Purpose.
                (1)     A procedure to handle violations of the provisions of this Code through the
issuance of citations, subject to the provisions set forth below, is hereby established pursuant to the
home rule powers granted to the City by Art. IV. Section 1, and Art. XI, Section 2, of the Oregon
Constitution and Sections 4 and 6 of the City Charter.
                (2)     A citation procedure has been established for the purpose of facilitating the
decriminalization of numerous violations of certain Code provisions and providing a more efficient
enforcement procedure.
                (3)     It is the intent of this procedure to provide persons charged with a violation of
the Code an opportunity to appear in the Municipal Court to plead or deposit bail for either a
continuance of the time to plead or as forfeiture, without a formal complaint's being filed and an
arrest warrant issued.

2.842 Short-Form Citation Authorized.
                 (1)    A citation conforming to the requirements of this Section may be used by
persons authorized pursuant to Section 2.844 for the purpose of citing a violation of a Code provision
in lieu of a formal complaint. Provided, however, in all cases in which a citation is used for a
criminal offense, a formal complaint shall be prepared and a copy furnished to the person cited at the
time he/she appears in Court pursuant to the citation.
                 (2)    The citation shall consist of at least three parts. Additional parts may be
inserted for administrative purposes by departments charged with the enforcement of Code
provisions and City ordinances. The required parts are:
                        (a)     The complaint.
                        (b)     The department record.
                        (c)     The summons.
                 (3)    Each of the three parts shall contain the following information, or blanks in
which such information shall be entered:
                        (a)     The name of the Court and the Court's docket or file number.
                        (b)     The name of the person or persons cited.
                        (c)     The offense charged; the time, place and date on which the citation
                 was issued; the name of the complainant; and, in case of zoning violations, the
                 designation of the zone in which the violation occurred.
                        (d)     The hour and date when the person cited is to appear in Court.
                        (e)     The bail, if any, fixed for the offense.
                 (4)    Each of the parts may also contain such identifying and additional information
as may be appropriate for administrative departments of the City. This may include an indication of
whether a written warning was previously issued to the defendant for the same violation, if it is a
continuing one.
                 (5)    The complaint shall contain a form of verification by the complainant to the
effect that the complainant swears or affirms that he/she has reasonable grounds to believe, and does
believe, that the person cited committed the offense contrary to Code.

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                (6)   The summons shall also contain notice to the person cited that a complaint will
be filed in the Municipal Court. The reverse side of the summons shall contain the information
substantially conforming to that required by ORS 496.905(6).

2.844 Persons Authorized to Issue Citations.
                 (1)     The citation provided for in Section 2.842 may be issued and signed by any
City Police Officer, the City Fire Marshal or Inspectors, the Fire Chief or deputy, the Health and
Safety Officer, the Poundmaster or deputy, the Senior Planner or deputy or special City employees
directed by the City Manager to investigate and issue such citations. However, the City employee
signing such citation must be a person who can testify, upon trial, to the material facts in the case.
Blanks appearing in the citation form shall be filled in for the purposes intended by the City officer or
employee signing the citation.
                 (2)     The City employee issuing the citation provided for in Section 2.842 must
have reasonable grounds to believe that the person to be charged with the violation is in actual
violation of the provision. For issuing a citation under any other conditions, the City employee shall
be subject to discipline by the City Manager and, if the City Manager finds such citation was
wrongfully issued through malice, the employee shall be subject to immediate discharge from City
employment.
                 (3)     The citation provided for in Section 2.842 may also be signed by a private
citizen, provided that such private citizen can testify, upon trial, to the material facts in the case. The
private citizen shall certify before the Judge, Clerk or Deputy Clerk that he/she has reasonable
grounds to believe, and does believe, that the person cited committed the offense contrary to law. All
blanks appearing in the citation form shall be filled in for the purpose intended. Upon signature and
certification, the citation shall be issued and served by the Police Department.
[Amended by Ord. No. 6605, enacted July 2, 1990.]

2.846 Contents of the Summons and of the Complaint.
      (1) A summons issued pursuant to Section 8.842 is sufficient if it contains the following:
                    (a)     The name of the Court; the name of the person or persons cited; the
            date on which the citation was issued; the name of the complainant; and the time at
            which the person cited is to appear in Court.
                    (b)     A statement or designation of the offense in such manner as can be
            readily understood by a person making a reasonable effort to do so; and the date and
            place the offense is alleged to have occurred.
                    (c)     A notice to the person or persons cited that a complaint will be filed
            with the Court based on the offense.
                    (d)     The amount of bail, if any, fixed for the offense. (2) A complaint in an
            alleged violation under Section 2.842 is sufficient if it contains the following:
                     (a)    The name of the Court; the name of the City in whose name action is
            being brought; and the name of the defendant or defendants.
                     (b)    A statement or designation of the offense in such manner as can be
            readily understood by a person making a reasonable effort to do so; and the time and
            place of the alleged offense.

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                        (c)     A verification as provided in Subsection (5) of Section 2.842.

2.848 Delivery of the Summons and Complaint. The City employee issuing the citation shall
cause the summons to be delivered to the person cited and shall cause the complaint thereafter to be
delivered to the Court.

2.850 Appearance of Defendant; Return of Summons; Bail in Lieu of Appearance. The
defendant shall either appear in Court at the time indicated in the summons or, prior to such time,
shall deliver to the Court the summons, together with the amount of the bail set forth in the summons,
enclosing a request for a hearing or a statement of matters in explanation or mitigation of the offense,
or the executed appearance, waiver of hearing, and plea of guilty appearing on the summons.


2.852 Effect of Defendant's Written Statement. If a defendant has submitted to the Court a
written statement with the bail, as provided in Section 2.850, it constitutes a waiver of hearing and a
consent to judgment by the Court, declaring a forfeiture of bail on the basis of such statement and any
testimony or written statement of the arresting officer or other witnesses which may be presented to
the Court. If the defendant requests a hearing, or if, pursuant to Section 2.854, the Court directs that
a hearing be held, the Court shall fix the date and time for hearing and, unless notice is waived, shall,
at least five days in advance of the hearing, mail to the defendant notice of the date and time so fixed.

2.854 Judgment on Failure to Appear. In any case, the Court may direct that a hearing be held.
Otherwise, the Court may enter the appropriate judgment, impose a fine, direct that the fine be paid
out of the bail deposited by the defendant, and remit to the defendant any amount by which the bail
exceeds the fine. No sentence to jail may be imposed, nor any fine imposed in excess of the bail
deposited by the defendant, unless a hearing is held.

2.856 Procedure Upon Appearance in Court.
                (1)     When a person appears in Municipal Court in answer to the citation issued
pursuant to Section 2.842, the Judge shall explain that he/she is not under arrest and that bail may be
deposited which shall be in such sum as the Judge determines is fair and just. The hour for pleading
may be continued at the request of the defendant to a specified time, to be set by the Judge.
                (2)     The Judge shall advise the defendant that he/she may plead guilty or not guilty.
 Upon a plea of guilty, punishment shall be imposed as fixed by the provisions of this Code violated.
 Upon a plea of not guilty, the Court shall proceed to try the case for violation of the provision of this
Code, the same as if a formal complaint and arrest were issued. The charge set forth in the citation
shall be declared to be a complaint for violation of such provision. The person signing the citation
being a City employee authorized to sign it, no further verification shall be required.


2.858 Disposition of Cases Generally; Failure to Plead.
                (1)     Upon the appearance in Court of the person charged with the violation, the
Judge shall listen to such statement as the person may wish to make; but before such statement is

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made, the Judge shall warn the defendant that it may be used against him/her. The Judge may make
such further investigation as deemed necessary and may call such witnesses as may have knowledge
of any facts that pertain to the matter.
                (2)        The Judge shall further inform the person charged with a violation that upon
failure to plead it is in order for the City employee who signed the citation to sign a complaint against
him/her under the provision alleged to be violated and that a warrant for his/her arrest will be issued.


2.860 Warrant of Arrest When Defendant Fails to Comply. If a person cited fails to comply
with the provisions of Section 2.850, or fails to appear at any time fixed by the Court, a warrant for
his/her arrest may be issued. No warrant of arrest may be issued after a period of sixty (60) days
from the entry of an order declaring forfeiture of bail. Unless a has been issued before the expiration
of that period, the order of forfeiture shall be deemed a final disposition of the case. Nothing herein
shall be construed to prevent the issuance of a warrant of arrest on the filing of a sworn complaint
complying in all other respects with the procedures of Justices' Court and charging a violation of the
Code, nor the arrest of a person violating any Code provision in the presence of the officer or citizen
making the arrest.

2.862 Warrants for Arrest of Persons When True Name is Unknown. When the City issues a
warrant for the arrest of a defendant whose true name is unknown, it shall be sufficient if the
defendant is designated therein by a fictitious name, with a statement that his true name is unknown.




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JURIES

2.870 Right of Jury Trial. Every person charged with any offense defined and made punishable by
any Charter of Code provision which carries the possibility of a sentence of imprisonment shall have
the right to a trial by a jury of six (6) persons. The request for a jury trial may be in writing or in
open Court at the time of entry of plea, or such time as the Court may set.

2.872 Jury Selection. Juries shall be selected from the latest tax roll and registration books used at
the last City election in the same manner in which juries are selected for Circuit Courts.

2.874 Jurors' Fees. The fee for jurors shall be Ten Dollars ($10.00) for each juror sworn.

2.876 Deposit of Jurors' Fees.
                (1)      To insure the right of a trial by jury, the defendant shall submit with his
request for a jury trial a deposit of Sixty Dollars ($60.00) for the payment of jury fees.
                (2)      If the defendant is found not guilty, the deposit shall be returned to him.
                (3)      No jury fee deposit shall be required:
                         (a)     If the Court determines that the defendant is indigent; or
                         (b)     If no such deposit would be required had the defendant been charged
                in a State court with the same offense.

2.878 Voir Dire and Challenges. The Judge shall voir dire the jury. The City and the defendant
may each take challenges for cause and two peremptory challenges.

2.880 Jury Verdict. The verdict of the jury shall be unanimous.

APPEALS

2.882 Appeals. Appeals from the Court are prohibited, except as provided by the laws of the State.




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CITY PRISONERS

2.890 Work by Prisoners.
                (1)     All City prisoners, during the time of imprisonment or confinement after
conviction, shall be liable, at the discretion of the Police Chief or Police, to work and labor upon the
streets, public works or public places within the City.
                (2)     No City prisoner shall be required to labor on any legal holiday or on his/her
religious sabbath, nor for more than eight (8) hours on any one (1) day.
                (3)     Notwithstanding the provisions of Subsection (1), any prisoner who performs
labor under the provisions of this Section shall receive an allowance of credits in time or
compensation for such work at the rate of one day's credit for each eight (8) hours worked, or Three
Dollars ($3.00) credit toward a fine for each hour worked. The prisoner shall have the option of
applying the work credits to either the sentence or to the fine, if any.

INSPECTION WARRANTS

2.894 Issuance of Inspection Warrants. Every Municipal Judge may, upon application of a City
official or employee so authorized by the City Manager, issue an inspection warrant whenever an
inspection or investigation of any premises is required or authorized by any Code provision relating
to animal control, public nuisances, zoning, building, regulated businesses, fire safety or geothermal
reservoir management. The inspection warrant is an order authorizing the inspection or investigation
to be conducted at a designated place.
[Added by Ord. No. 6304, enacted Aug. 4, 1980.]

2.896 Grounds for Issuance of Warrants; Affidavit.
                (1)      An inspection warrant shall be issued only upon cause, supported by affidavit,
particularly describing the applicant's status in applying for the warrant hereunder, the Code
provision of regulation requiring or authorizing the inspection or investigation, the premises to be
inspected or investigated is to be made including the basis upon which cause exists to inspect. In
addition, the affidavit shall contain either a statement that entry has been sought and refused or facts
or circumstances reasonably showing that the purposes of the inspection or investigation might be
frustrated if entry were sought without an inspection warrant.
                (2)      Cause shall be deemed to exist if reasonable legislative or administrative
standards for conducting a routine, periodic or area inspection are satisfied with respect to the
particular premises, or there is probable cause to believe that a condition or nonconformity with a
Code provision or regulation exists with respect to the particular premises.
[Added by Ord. No. 6304, enacted Aug. 4, 1980.]

2.898 Procedure for Issuance of Inspection Warrant.
               (1)     Before issuing an inspection warrant, the Municipal Judge may examine under
oath the applicant and any other witness and shall satisfy himself of the existence of grounds for
granting such application.
               (2)     If the Municipal Judge is satisfied that cause for the inspection or investigation

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investigation exists and that the other requirements for granting the application are satisfied, he shall
issue the warrant particularly describing the name and title of the person or persons authorized to
execute the warrant, the premises to be entered and the purpose of the inspection or investigation.
The warrant shall contain a direction that it be executed on any day of the week between the hours of
8:00 a.m. and 6:00 p.m. 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.
[Added by Ord. No. 6304, enacted Aug. 4, 1980.]

2.900 Execution of Inspection Warrants.
               (1)     Except as provided in Subsection (2) of this Section, in executing an
inspection warrant, the person authorized to execute the warrant shall, before entry, make a
reasonable effort to present his credentials, authority and purpose to an occupant or person in
possession of the premises designated in the warrant and show him the warrant or a copy thereof
upon request.
               (2)     In executing an inspection warrant, the person authorized to execute the
warrant need not inform anyone of his authority and purpose as prescribed in Subsection (1) of this
Section, but may promptly enter the designated premises if it is at the time unoccupied or not in the
possession of any person or at the time reasonably believed to be in such condition.
               (3)     A peace officer may be requested to assist in the execution of the inspection
warrant.
               (4)     An inspection warrant must be executed and returned to the Municipal Judge
within ten (10) days from its date, unless the Judge, before the expiration of such time, by
endorsement thereon, extends the time for five (5) days. After the expiration of the time prescribed
by this Subsection, the warrant, unless executed, is void. [Added by Ord. No. 6304, enacted Aug. 4,
1980.]

2.910 Police Training Fund. There is established the Police Training Fund for the purpose of
providing training to City police officers in order to promote enforcement of laws by improving the
competence of City police officers.
[Added Ord. No. 6338, enacted May 4, 1981.]

2.915 Assessment on Bails and Fines.
                (1)     Whenever the Municipal Court imposes a fine, or orders a bail forfeiture as a
penalty for violation of a City Code or ordinance provision, except a violation relating to cars
unlawfully left or parked, an assessment in addition to such fine or bail forfeiture shall be collected to
be credited to the Police Training Fund. The assessment schedule shall be established by resolution
of the Council and may be revised by
resolution of the Council at any time.
                (2)     When any deposit of bail is made for an offense to which this Section applies,
the person making such deposit shall also deposit a sufficient amount to include the assessment
prescribed pursuant to Subsection (1) of this Section.


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              (3)       If bail is forfeited, the assessment prescribed pursuant to this Section shall be
deducted. If bail is returned, the assessment made thereon shall also be returned.
[Added by Ord. No. 6338, enacted May 4, 1981.]

Section 2.950            Criminal History Checks.
        (1) The Police Department is authorized to utilize the Oregon State Police Law
Enforcement Data System (“LEDS”) to check the criminal history offender records of all applicants
for employment and formally appointed volunteers with the City. A member of the Police
Department trained and authorized to perform criminal history checks through the Law Enforcement
Data System will conduct the check on the prospective employee or volunteer and report to the
Human Resources Director that the applicant’s record indicated “no criminal record” or “criminal
record.” If the applicant’s record is reported as “criminal record,” the City will, under OAR 257-
010-0025, request a written criminal history report from the Oregon State Police Identification
Services Section. Human Resources will make the written criminal history record available to the
appropriate official for consideration in making the selection or appointment.
        (2) The written criminal history record on persons that are not hired or appointed as a
volunteer will be retained in accordance with the requirements of OAR 166-200-0090 for a period of
three years and thereafter will be destroyed. The criminal history record of applicants and volunteers
with a criminal history that are hired or appointed will become a part of the confidential personnel
files of that employee or volunteer. Access to confidential personnel files is limited to only
authorized persons who have an official need to access such files that is sanctioned by law or
regulation.
        (3) Non-profit organizations serving youth in the community, including, but not limited to
all youth sports and recreation organizations, may request that the Police Department perform
criminal history checks. Upon receiving such request and subject to workload priorities and staff
availability, the Police Department may perform criminal record checks through LEDS. The Police
Department shall confirm only if the person’s record indicates “no criminal record” or “criminal
record,” without any detail of such record. Based on this report the youth organization may request
criminal record history directly from the Oregon State Police pursuant to state statute and
administrative rule.
            (4)       Criminal history checks of license applicants shall be performed by the Police
Department, following the procedures outlined in Subsection (1) of this Section.
[Added by Ord. No. 07-10, enacted March 19, 2007.]




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                                      SCHEDULE 2-A


                        POLICE TRAINING FUND ASSESSMENT


                                  RESOLUTION NO. 98-29


                                           Section 1

        Assessment Schedule. The amount of the assessment to be imposed under KFC 2.915 shall
be as follows:

       (a)    When fine or forfeiture is $5 to $14.99, $3.
       (b)    When fine or forfeiture is $15 to $49.99, $7.
       (c)    When fine or forfeiture is $50 to $99.99, $8.
       (d)    When fine or forfeiture is $100 to $249.99, $12.
       (e)    When fine or forfeiture is $250 to $499.99, $14.
       (f)    When fine or forfeiture is $500 or over, $35.

                                          Section 2

       Resolution No. 2962 is hereby repealed.


[Amended by Res. No. 98-29, enacted July 20, 1998.]




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                                          SCHEDULE 2-B

                                     LANDING FEES AND
                                    TERMINAL LEASE FEES
                                       FOR AIRPORT


                                     RESOLUTION NO. 3311

                                        Enacted July 2, 1990

Landing Fees: Seventy-Five Cents ($.75) per thousand pounds (1,000 lbs.) of certified gross landing
weight. This fee shall apply to any non-military plane with a weight in excess of twelve thousand
five hundred pounds (12,500 lbs.).

Leased Space Rate: Thirteen Dollars and Fifty Cents ($13.50) per square foot per annum. This rate
shall not apply in those instances where lease rental is based on a percentage of the tenant's revenue.

The above rates and fees shall be effective as of midnight on July 4, 1990, and they shall be the basis
for renegotiation of any existing lease agreements.




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Map for Section 2.320 Page 1 of 2
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                           Klamath Falls City Code



3. PUBLIC IMPROVEMENTS

GENERAL
3.010 Legal Descriptions

LOCAL IMPROVEMENT DISTRICTS
GENERAL PROVISIONS
3.100 Purpose
3.102 Definitions
3.104 Designation
3.106 Classification
3.108 Annual Budget Adoption
3.112 Maximum Annual Assessment
3.114 Initiation of Proceedings
3.116 Council Action on Report
3.118 Hearing Date
3.122 Hearing Notice Contents
3.124 Hearing Notice Methods
3.126 Hearing
3.128 Manner of Doing Work
3.132 Interim Financing
3.134 Assessment Filing
3.136 Assessment Notice
3.138 Assessment Hearing and Assessment Ordinance
3.142 Assessment Installment Payments
3.144 Lien Recordation
3.146 Lien Superiority
3.148 Collection
3.152 Errors in Assessment Calculation
3.154 Deficit Assessment
3.156 Rebates
3.158 Curative Provisions
3.162 Remedies
3.164 Reassessment
3.172 Qualification Requirements for Neighborhood LIDS
3.174 Minimum Qualifications for Frontage/Off-Site LIDS
3.176 Exceptions to Minimum Requirements
3.178 Security Liability
3.182 Subsequent Purchase Liability Release
3.184 Payment and Bond Schedules
3.186 Effect of Provisions
3.205 Segregation of Assessments


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SIDEWALKS
3.305 Application
3.310 Hearing
3.315 Notice
3.320 Construction by Property Owner
3.325 Completion of Construction
3.330 Construction by City

ECONOMIC IMPROVEMENT DISTRICTS
3.405 Definitions
3.410 Purpose
3.415 Restrictions
3.420 Initiation
3.425 Notice of Council Hearing
3.430 Hearing
3.435 Notice of Proposal Assessment
3.440 Assessment Ordinance
3.445 Method of Assessment and Alternative Methods of Financing
3.450 Notice of Assessment
3.455 Application of 3.165 to 3.205

SYSTEMS DEVELOPMENT CHARGE
3.505 Purpose
3.510 Scope
3.515 Definitions
3.520 Systems Development Charge Established
3.525 Methodology
3.530 Authorized Expenditures
3.535 Expenditure Restrictions
3.540 Improvement Plan
3.545 Collection of Charge
3.550 Delinquent Charges; Hearing
3.555 Installment Payment
3.560 Exemptions
3.565 Credits
3.570 Segregation and Use of Revenue
3.575 Appeal Procedure
3.580 Prohibited Connection
3.585 Penalty
3.590 Construction and Severability




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ADVANCE FINANCING OF PUBLIC IMPROVEMENTS

3.605    Definitions
3.610    City Analysis
3.615    Public Hearing - Notification
3.620    Public Hearing
3.625    Advance Financing District Ordinances &
         Agreements
3.630    Advance Financed Reimbursement
3.635    Calculation of Reimbursement-Benefitting
         Properties
3.640    Interest Paid to Reimbursements
3.645    Collection of Advance Financed Reimbursement
3.650    Disposition of Advanced Financed Reimbursement
3.655    Recording
3.660    Public Improvements

TREE REGULATIONS IN PUBLIC PLACES

3.700    Purpose
3.705    Definitions
3.710    Designation of Klamath Tree League
3.715    Street Tree Plan & List of Trees
3.720    Plantings in New Subdivisions & Developments
3.725    Modified & New Streets
3.730    Street Tree Trimming Permit Requirements
         & Conditions
3.735    Maintenance
3.740    Protection of Trees
3.745    Permit to Remove Trees
3.750    Pruning For or By Utility
3.755    Stumps
3.765    Enforcement
3.790    Penalties




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                                  3. PUBLIC IMPROVEMENTS

GENERAL

3.005 [Repealed by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.010 Legal Descriptions.
                (1)     Real property may be described:
                        (a)     By giving the subdivision according to the United States survey when
                coincident with the boundaries thereof; or
                        (b)     By lots, blocks and addition names; or
                        (c)     By giving the boundaries by metes and bounds; or
                        (d)     By reference to the book and page of any public record of the County
                where the description may be found; or
                        (e)     By designation of tax lot number referring to a record kept by the
                Assessor of descriptions of real properties of the County, which record shall
                constitute a public record; or
                        (f)     In such other manner as to cause the description to be capable of
                being made certain. Initial letters, abbreviations, figures, fractions and exponents, to
                designate the township, range, section or part of a section, or the number of any lot or
                block or part thereof, or any distance, course, bearing or direction, may be employed
                in any such description of real property.
                (2)     If the owner of any land is unknown, such land may be assessed to "unknown
owner," or "unknown owners. " If the property is correctly described, no assessment shall be
invalidated by a mistake in the name of the owner of the real property assessed or by the omission of
the name of the owner or the entry of a name other than that of the true owner. When the name of
the true owner, or the owner of record of any parcel of real property is given, the assessment shall
not be held invalid on account of any error or irregularity in the description if the description would
be sufficient in a deed of conveyance from the owner, or is such that, in an action to enforce a
contract to convey, employing such description, a court would hold it to be good and sufficient.
                (3)     Any description of real property which conforms substantially to the
requirements of this Section shall be a sufficient description in all proceedings of assessment for a
special improvement district, foreclosure and sale of delinquent assessments, and in any other
proceeding related to or connected with levying, collecting, and enforcing special assessments for
special benefits to such property.




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LOCAL IMPROVEMENT DISTRICTS

GENERAL PROVISIONS

3.100 Purpose. The purpose of this Act is to implement the authority granted by Sections 4 and 39
of the Revised Charter of 1972 and the Oregon Revised Statutes to create Local Improvement
Districts to construct, operate and maintain public improvements of the City which are to be
financed wholly or in part by special assessment against benefited property and to levy, collect and
enforce payment of such special assessments.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.102 Definitions. As used in Sections 3.100 to 3.186 the following words and phrases shall mean:
        Act. Sections 3.100 to 3.186
        Actual cost. All direct or indirect costs incurred to provide services or undertake a capital
construction project. The actual cost of providing services to a property owner includes the average
cost or an allocated cost whether stated as a minimum, fixed or variable amount. Actual cost
includes, but is not limited to labor, materials, supplies, equipment, property acquisition,
engineering, financing, legal, administration, depreciation, amortization, reserve for delinquencies or
defaults, debt service and any other item allowed by law. Administrative expenses include those
incurred in preparation for formation of a Local Improvement District such as meeting with property
owners, preparing and processing the feasibility report, providing notice and conducting hearings.
        Council. The City of Klamath Falls City Council.
        Capital Construction. The construction, modification, replacement, repair, remodeling or
renovation of a structure, or addition to a structure, which is expected to have a useful life of more
than one year and includes, but is not limited to: acquisition of land or an interest in land, in
conjunction with capital construction of a structure; acquisition, installation of machinery,
equipment, furnishings or materials which will become an integral part of a structure; activities
related to capital construction such as planning, design, financing, studies, permits or other services
connected to construction; acquisition of existing structures or interests in structures in conjunction
with capital construction.
         LID. Local Improvement District.
         Owner. The owner of the title to real property, or the contract purchaser of real property, of
record as shown on the last available complete assessment roll in the office of the County Assessor
or a more current recorded deed or land sales contract.
         Person. Any individual; firm; partnership; joint venture; association; social, fraternal,
educational, religious or charitable organization; fraternity; sorority; public or private dormitory;
joint stock company; corporation; estate; trust; business trust; receiver; trustee; syndicate; municipal
corporation; district or political subdivision or any legal entity whatsoever.
         Public Improvement.
         (a)     The grading, graveling, paving or other surfacing of any street, or opening, laying
out, widening, extending, altering, reconstructing, changing the grade of or constructing any street;
         (b)     The construction or reconstruction of sidewalks, pedestrian ways, bike lanes, or bike
paths;

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        (c)      The construction, reconstruction, or alteration of any sanitary or storm sewer, water,
geothermal, or drainage facility;
        (d)      Public open space, median strip plantings, and greenery facilities including all land,
structures, equipment, supplies, and personnel necessary to acquire, develop, manage, or maintain
such facilities, whether the property is in public or private ownership;
        (e)      Repair and maintenance of public improvements described herein;
        (f)      The installation, construction, reconstruction, alteration, or repair of electrical, natural
gas, communications, or other such facilities only to the extent that such work is incidental to the
public improvements described herein and the cost of such work is insignificant in comparison to the
total LID cost as determined by the Council;
        (g)      Such other public facilities and services for which an assessment may be made on the
property specially benefitted as determined by the Council.
        Structure. Any temporary or permanent building or improvement to real property of any
kind, which is constructed on or attached to real property, whether above, on, or beneath the surface.
        Unimproved Land. A lot or parcel with no improvements which constitute less than twenty-
five percent of the land value.
        Value. The real market value of property or improvements as shown on the most recent
assessment roll. The City may use an independent MAI professional appraisal to establish value if
the City determines that it is appropriate and is a more accurate reflection of current conditions.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.104 Designation. The properties which are to be assessed for part or all of the cost of a public
improvement shall be included within the boundaries of, and known together as a Local
Improvement District or LID. In addition, the property on which the public improvement is to be
located and such other incidental properties as are necessary for a logical boundary may be included.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.105 [Repealed by Ord. No. 95-17, enacted Jan. 18, 1996.]


3.106 Classification.
                (1)     LID shall be classified as follows, subject to the minimum qualifications of
Section 3.172 and 3.182:
                        (a)    Maintenance LID in which assessments may be levied to pay the
actual on-going costs of maintaining, repairing, or operating public improvements;
                        (b)    Neighborhood LID in which the assessments may be levied to pay the
actual cost of capital construction benefiting primarily developed properties; or
                        (c)    Frontage and off-site LID in which assessments may be levied to pay
the actual cost of capital construction of off-site or frontage public improvements benefiting
developed or undeveloped properties, as described in Section 3.182.
                (2)     No LID shall be formed to construct or finance internal improvements to
undeveloped property, including but not limited to subdivision streets, internal sidewalks, sanitary


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sewer, water, geothermal and drainage facilities, except those incidental improvements permitted by
Section 3.182.
                (3)    Nothing herein shall preclude an LID from consisting of more than one
classification provided all applicable requirements are met.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.108 Annual Budget Adoption. If the public improvements proposed will involve operation or
maintenance, the Council shall adopt an annual budget for the District which shall contain in
addition to operating and maintenance expense, the cost of proposed construction, purchase,
reconstruction, and repair. The budget shall contain anticipated revenue from assessments and from
user fees and service charges, if any, generated by the improvements. All levies of assessments and
expenditures shall correspond as nearly as possible to adopted budgets. However, the Council may
amend such budgets from time to time as it deems necessary.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.110 [Repealed by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.112 Maximum Annual Assessment. A proposed assessment for maintenance or operation or
both may be designated a maximum annual assessment. When the requirements of Subsection (2) of
this Section are met, a maximum annual assessment shall operate as described in Subsection (1) of
this Section.
                 (1)    Each year the Council shall determine and include in its budget for a LID the
portion or all of a maximum annual assessment that it deems necessary for maintenance or operation
or both during the ensuing year. It may thereafter levy and collect that portion of the assessment
without the notice and hearing.
                 (2)    The fact that a proposed assessment will be a maximum annual assessment
shall be stated in the order creating the LID and notice of hearing on the proposed improvement.
The effect and operation of such an assessment shall be explained in the notice. If approved, the
order authorizing the improvement shall also clearly designate the character of the assessment.
                 (3)    The existence of a maximum annual assessment in a LID shall not prevent the
Council from making additional assessments of the classes described in Section 3.106.
                 (4)    The authorization for a maximum annual assessment shall be revoked upon
receipt by the Council of a written request signed by more than one-half (2) of the owners
representing more than one-half (2) by area of the property specially benefited by the assessment.
No signature shall be accepted that was made more than sixty (60) days prior to receipt of the
request.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]



3.114 Initiation of Proceedings.
                 (1)     Whenever the Council shall deem it necessary, on its own motion, or receipt
of a petition from fifty-one percent (51%) of the property owners within a proposed LID the Council

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shall direct an appropriate department of the City to prepare a report on the proposed public
improvement and file it with the Council. The Council may waive the report and immediately enact
an order in conformance with Section 3.116. Proposals may include any class of assessment
described in Section 3.106 in one proceeding.
                (2)     Maintenance LID assessments may, at the option of the City, be charged
immediately provided that the owner has made a specific request for the services. The Council may
require such a request as a condition of forming the LID provided the City has not previously legally
obligated itself to provide the service. The request shall be on a form acceptable to the City and
shall be recorded as a burden running with the land in favor of the City of Klamath Falls. The
request shall be valid for a maximum of twenty (20) years or such shorter time as is determined by
the Council to be a complete maintenance cycle for the improvement. The request is irrevocable for
so long as the annual assessment does not exceed the maximum annual assessment approved in
conjunction with the request. The Council is under no obligation to provide service and may
abandon service at any time or may require a new request as a condition of establishing a new
maximum annual assessment or otherwise continuing to provide services and levy assessments.
                (3)     Unless directed otherwise by the Council, the report shall contain the
following matters:
        (a)     A map or plat showing the general nature, location, and extent of the proposed
improvement and of the proposed LID;
        (b)     Classification of the LID pursuant to Section 3.106 including findings regarding
whether the qualifications have been met, together with a description of the work to be done,
including where appropriate, preliminary plans, and specifications;
        (c)     An estimate of the probable actual cost of the improvement, including financing. If
assessments are proposed for maintenance or operation, a budget for the first fiscal year or portion
thereof, and projected budgets for subsequent years so far as is reasonably possible;
        (d)     A recommendation as to the method or methods of assessment to be used to arrive at
an equitable apportionment of the whole or any portion of the cost to the property specially
benefited;
                (e)     The description of each lot, parcel of land, or portion thereof to be specially
benefited by the improvement with the names of the owners or reputed owners and the estimated
assessment or assessments against each lot or parcel;
                (f)     The property may be described by the subdivision, by lots, blocks, and
addition names, by metes and bounds, or by reference to the book and page of any public record
where the description may be found, so that the description can be made certain.
                If the owner is unknown, the land may be assessed to "unknown owner", or
"unknown owners". If the property is correctly described, no final assessment shall be invalidated
by a mistake or omission in the name of the owner. Where the name of the true owner, or the owner
of record, of any parcel of real property is given, the final assessment shall not be held invalid on
account of any error or irregularity in the description if the description would be sufficient in a deed
of conveyance from the owner, or is such that, in a suit to enforce a contract to convey, employing
such description a court of equity would hold it to be good and sufficient.
                Any description of real property which conforms substantially to the requirements of
this Section shall be sufficient in all proceedings relating to a final assessment for a local

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improvement, foreclosure and sale of delinquent assessments, and in any other proceeding related to
or connected with levying, collecting, and enforcing final assessments.
               (4)    The Council may, by resolution, adopt filing fees and deposit requirements for
LID petitions.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.115 [Repealed by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.116 Council Action on Report. After the report described in Section 3.114 has been filed with
the Council, the Council may approve the report, modify the report and approve it as modified,
require additional or different information or abandon the improvement.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.118 Hearing Date. If the Council approves a report or waives filing of a report it shall enact a
Resolution creating and describing the LID declaring its intention to make the public improvement,
providing the manner and method of carrying out the improvement, setting a public hearing on the
improvement to hear objections and directing that notice be given of the public hearing.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.120 [Repealed by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.122 Hearing Notice Contents. The notice shall contain:
               (1)      A general description of the public improvement and of the LID. The
description need not be by metes and bounds and shall be such that an average person can determine
from it the general location of the property and shall include a listing of the affected parcels or lots;
               (2)      A statement that the report adopted by the Council is on file and subject to
public examination. If the report has been waived, a statement containing such of the information
described in Section 3.114(2) that the Council deems necessary or a statement of a place where such
information is available for public examination;
               (3)      The time and place of a public hearing on the improvement to hear objections;
               (4)      The estimated assessment, or maximum annual assessment, for each lot or
parcel;
               (5)      A statement explaining the remonstrance process.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.124 Hearing Notice Methods. Hearing notice shall be given by mail to the owners of property of
record within the District. In addition, the notice may be given by publication in a newspaper of
general circulation within the LID, by posting at City Hall and within the district or by any
combination of these methods. Notice shall be mailed not less than ten (10) days prior to the public
hearing.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.125 [Repealed by Ord. No. 95-17, enacted Jan. 18, 1996.]

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3.126 Hearing.
                (1)    At the time of the public hearing the Council shall hear testimony on the
proposed improvement and may continue the hearing as it deems necessary. If the Council
determines that the improvement shall be made, it shall by resolution so order at the conclusion of
the hearing or within sixty (60) days thereafter. The resolution shall contain such direction as is
necessary regarding the manner and method of making, operating, and maintaining the
improvement. The Council may, on its own motion at any time prior to the initiation of work on the
improvement or letting of contracts for the improvement, order that the improvement be abandoned.
 Failure of the Council to act within the sixty (60) day period shall constitute abandonment.
                (2)    Action by the Council approving a proposed public improvement shall be
suspended for six (6) months, or abandoned at the Council's discretion, upon a remonstrance by the
owners of two-thirds of the lots or parcels to be assessed, provided written remonstrance is delivered
to the board within thirty (30) days of the order approving the improvement.
                (3)    An order suspending the improvement shall be for a stated time not less than
six (6) months. The order shall specify what may occur during the suspension period and provide
for setting a public hearing after the suspension period to determine whether to proceed with the
improvement or to abandon. Objections to proceeding shall be heard at such hearing, but
remonstrances shall not be binding on the Council.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.128 Manner of Doing Work. Public improvements may be constructed, purchased,
reconstructed, operated, and maintained by the City, by another governmental agency, by contract,
or by any combination thereof.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.130 [Repealed by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.132 Interim Financing.
               (1)     The City may enter into any interim funding of public improvement projects
as allowed by law.
               (2)     Prior to authorization of construction, in addition to meeting the minimum
requirements of Section 3.192, each property owner in a frontage/off-site LID shall sign an
irrevocable waiver, on a form provided by the City, of any irregularities an defects, jurisdictional or
otherwise, in the proceedings forming the LID, approving the improvement, determining the
estimated actual costs and establishing or levying the assessments.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.134 Assessment Filing.
               (1)      Upon completion of a public improvement and the actual cost thereof has
been determined, the appropriate department shall prepare the assessment to the respective lots or
parcels of property in the LID and file it with the Council.


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                (2)     Assessments in a maintenance LID may be pre-assessed based on the
estimated cost for the ensuing year, or assessed at the conclusion of the annual maintenance period,
as directed by the Council.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.135 [Repealed by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.136 Assessment Notice.
                (1)    Upon receipt of an assessment roll, the Council shall determine whether to
certify the assessments to the tax roll to be collected with ad valorem taxes or charge the assessments
immediately against the property owners.
                (2)    The Council shall direct that no less than ten (10) days notice of the Council
meeting be mailed to the owners or reputed owners of the property containing the following
information:
                       (a)       The name of the owner of reputed owner, the description of the
property assessed, the total project cost assessed against benefited property and the amount of
assessment against the described property;
                       (b)       A date by which time written objections to the proposed assessment
stating the grounds for objection must be received and the date of a hearing at which time the
Council will consider any objections;
                       (c)       A statement that the assessment in the notice or as it may be modified
by the Council will be levied by the Council after the hearing and thereafter will be certified to the
tax roll or charged against the property and be immediately payable in full or in installments, as
directed by the Council.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.138 Assessment Hearing and Assessment Ordinance. The Council shall hold the hearing to
consider objections filed in writing. After the hearing the Council may adopt, correct, or revise the
assessment roll and in doing so shall determine the amount of assessment to be charged against each
lot or parcel within the LID according to the special benefits accruing to each and shall levy such
assessments by ordinance. If the assessments are to be collected with ad valorem taxes the order
shall certify the assessments to the County which shall add them to the tax roll and collect them for
the District. If the assessments are to be charged immediately against the property, the ordinance
shall specify the terms for installment payments and the date that payments or applications for
installment payments are due. In the case of assessments charged immediately against the property,
the appropriate department shall notify each property owner or reputed owner by registered mail of
the following information:
                 (1)    The date of the order levying the assessment, the amount of the specific
assessment and a description of the property assessed;
                 (2)    If the Council has so ordered, application may be filed by the date specified
by the Council to pay all or any portion in installments according to state law as modified by this
chapter or by resolution of the Council. An explanation of procedures for installment payments shall
be included; and

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                (3)    The entire amount of the assessment, less any part for which application to
pay in installments is made, is due on the date specified by the Council and if unpaid on that date,
will accrue interest and subject the property to foreclosure.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.140 [Repealed by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.142 Assessment Installment Payments.
                 (1)    The provisions of the Bancroft Bonding Act (ORS 223.205 to 223.300) shall
apply to all assessments for capital construction if the Council so provides in its ordinance levying
assessments. The provisions of the Bancroft Bonding Act are considered modified as necessary to
avoid conflict with this Act or with any resolution or ordinance of the Council.
                 (2)    Unless otherwise ordered by the Council, the applicant shall have twenty (20)
days from the date notice of the assessment is first mailed to file the installment application with the
City.
                 (3)    The application for installment payments shall set forth installment terms,
including any late payment penalty. It shall require that the applicant waive any and all irregularities
or defects, jurisdictional or otherwise, in the proceedings causing the final assessment to be levied
and in apportioning the actual cost. It shall provide for a term of ten (10) years. If authorized by the
Council, the person applying for installment payments may irrevocably establish a payment term of
less than ten (10) years as provided by law.
                 (4)    Assessments financed by installment payments for which interim financing or
bond financing has been obtained by the City shall be subject to a prepayment charge. This charge
shall be a reasonable estimate of the amount necessary to close the account and protect the residents
of the City of Klamath Falls from risk of shortfall in the funds available to make bond payments.
The charge shall be computed using generally accepted financial practices to estimate the net present
value of the bonds as of the date of payment of the assessment. The prepayment charge shall be
based on the difference between the net present value of the bonds and the prepayment received,
plus City costs. Upon call, defeasance or redemption, any excess prepayment charge shall be
refunded.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.144 Lien Recordation.
                (1)     After passage of the ordinance levying assessments, the Finance Director
shall enter in the City Lien Docket a statement of the amounts assessed upon each lot, parcel or
portion thereof, together with a description of the improvement, the name of the owners, the date of
the order and the date upon which payment or application for installment payment is due. Upon
such entry in the lien docket the amount so entered, together with interest as it accrues, shall become
a lien and charge on the respective lots, parcels or portions thereof which have been assessed. All
payments shall be entered in the lien docket and shall discharge the lien to the amount of such
payment. Notwithstanding the manner and time of payment of an assessment specified by the
Council, the whole amount of the assessment together with interest and costs accrued thereon may
be paid after the assessment is entered in the lien docket and before it is due.

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               (2)     In addition, the Ordinance shall be recorded as required by ORS 93.643. For
purposes of said statute the Ordinance shall constitute the "preliminary assessment."
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.145 [Repealed by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.146 Lien Superiority. All assessment liens of the City shall be superior and prior to all other
liens on the same property insofar as the law permits.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.148 Collection. An assessment or installment payment is delinquent from the date it is due as
ordered by the Council except that assessments to be collected with ad valorem taxes shall be
delinquent from the date on which the ad valorem taxes with which it is billed are due. If the owner
neglects or refuses to pay assessments or installments when due, the Council may adopt a resolution:
                (1)     Listing the name of the person in default and a description of the property on
which sums are owed;
                (2)     Stating the sums due, including principal, interest and any late payment
penalties or charges;
                (3)     Declaring the entire balance of the assessment to be due and payable at once;
                (4)     Directing that all unpaid assessments, interest, and penalties be collected in
any manner provided by law.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.150 [Repealed by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.152 Errors in Assessment Calculation. Claimed errors in the calculation of assessment shall
be called to the attention of the City. If the Council finds that there has been an error, the Council
shall amend the ordinance levying assessments to correct such errors; and make the necessary
correction in the City Lien Docket and send a correct notice of assessment by mail.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.154 Deficit Assessment. If it is found that the amount of the assessment is insufficient to defray
the expenses of the improvement, the Council may, by motion, declare such deficit and declare a
proposed deficit assessment. The Council shall set a time for hearing of objections to such deficit
assessment and shall mail notice of the hearing to owners of the affected property. After such
hearing, the Council shall make an equitable deficit assessment, by ordinance, which shall be entered
in the City Lien Docket as provided by this Act; and notices of the deficit assessment shall be mailed
and the collection of the assessment shall be made in accordance with this Act consistent with the
collection of the original assessment.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.155 [Repealed by Ord. No. 95-17, enacted Jan. 18, 1996.]


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3.156 Rebates.
                (1)     If, for any reason, the City collects more than is due under this Act or an
ordinance of the Council authorized herein, then the Council must ascertain and declare the same by
ordinance; and when so declared, the excess amounts must be entered on the lien docket as a credit
on the appropriate assessment. In the event that the assessment has been paid, the person who paid
the same, or his legal representative, shall be entitled to the repayment of such rebate credit, or
portion thereof, which exceeds the amount unpaid on the original assessment. Notice of the rebate
shall be sent to the person who paid the amount at the person's last address as shown on the LID
records of the City. If, within sixty (60) days, the person cannot be located, payment shall be made
to the current owner of the property from which the overpayment arose without recourse against the
City by the original payor.
                (2)     The City shall notify in writing the party who deposited security deposit funds
or assurances of any funds eligible to be released. Prior to close-out of the LID, City shall provide a
final written statement of funds which may be claimed. This final statement shall be provided by
certified or registered mail, return receipt requested. All notices required to be sent under this
Section shall be sent to the last known address in the records of the LID. It shall be the sole
responsibility of the party eligible to receive such funds to keep the City informed of any change in
address or assignment of refund eligibility. Any funds remaining on the date five (5) years from the
mailing of the final statement shall be deemed abandoned and become the property of City.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.158 Curative Provisions. No assessment shall be rendered invalid by reason of a failure of the
report to contain all of the information required by this Act; or by reason of a failure to have all of
the information required to be in the resolution authorizing the improvement, the ordinance levying
assessments, the lien docket or notices required to be published and mailed; nor by the failure to list
the name of, or tax list of, or mail notice to, the owner of any property as required by this Act; or by
reason of any other error, mistake, delay, omission, irregularity, or other act, jurisdictional or
otherwise, in any of the proceedings or steps herein specified, unless it appears that the assessment is
unjust in its effect upon the person complaining; and the Council shall have the power and authority
to remedy and correct all such matters by suitable action and proceedings.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.160 [Repealed by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.162 Remedies.
                (1)    Actions of the Council pursuant to this Act are subject to judicial review
exclusively by writ of review in accordance with the procedures in ORS 34.010 to 34.100. Review
of an action of the Council directing that an improvement be made or levying any assessment may
be commenced only by a property owner who has filed a written remonstrance or objection as
provided in this Act. Failure to so remonstrate or object shall constitute a waiver and failure to
exhaust administrative remedies.
                (2)    Any owner having any objection which could not have been raised by
remonstrance or objection during the formation and assessment proceedings or which, if raised, was

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not resolved shall file a written objection with the Council within sixty (60) days of mailing of the
first assessment statement, or tax statement if the assessment has been placed on the tax rolls.
Failure to do so shall constitute a waiver of any and all such objections or defenses to the assessment
and collection and a failure to exhaust the administrative remedy provided herein. Upon receipt of
such objection, the City shall within sixty (60) days issue a report determining whether an error was
committed, denying the objection or proposing such steps as are necessary to remedy the error,
including but not limited to a revision of the assessment. Nothing in this Section in any way limits
the effect of the waiver in Section 3.142 the curative provisions of Section 3.158, or Section
3.162(1).
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.164 Reassessment. Whenever any assessment, deficit, or reassessment for any improvement
which has been made by the City has been, or shall be, set aside, annulled or declared or rendered
void, or its enforcement restrained by any court having jurisdiction, or when the Council shall be in
doubt as to the validity of such assessment, deficit assessment or reassessment or any part thereof,
then the Council may make a reassessment in the manner provided by law.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.165 [Repealed by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.170 [Repealed by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.172 Qualification Requirements for Neighbor-hood LIDS. Prior to formation of a
neighborhood LID, the Council shall find that each of the requirements listed in this Section have
been met.
                (1)     The proposed public improvements are of a type and scale primarily
benefiting the local needs of established neighborhoods, commercial, or industrial areas, such as
sidewalks, sanitary sewer, water, geothermal, drainage, curbs, and local access streets;
                (2)     The value of the land and improvements for ninety percent (90%) of the lots
or parcels, to be assessed exceeds the assessment prior to the improvement by a ratio of no less than
6:1;
                (3)     The assessment on any one lot or parcel does not exceed twenty percent
(20%) of the total assessment.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.174 Minimum Qualifications for Frontage/Off-Site LIDS. Prior to formation of a frontage/off-
site LID, the Council shall find that each of the following minimum requirements have been met.
               (1)     The proposed public improvements are:
               (a)     Required to be constructed as a condition of development approval or are on
the adopted five (5) year capital improvement program;
               (b)     The type for which Street, sewer, or water SDC revenues may lawfully be
expanded in the event of default; and


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                 (c)     To be constructed along one or more frontages of the properties assessed or
off-site. This may include sanitary sewer or water mains, arterial or major collector street
improvements which bisect a property to service surrounding properties and minor incidental
internal improvements necessary to transition utility lines or a minor collector or local access street
to the public improvement.
                 (2)     Proof of payment of all current and prior years ad valorem taxes, interest, and
penalties for each lot or parcel proposed to be assessed;
                 (3)     The value of ninety percent (90%) of the lots or parcels to be assessed exceeds
the value of the estimated assessment by a ratio of no less than 6:1;
                 (4)     Cash or negotiable instruments acceptable to the City are deposited with the
City in an amount sufficient to pay the total estimated assessments in the district for one (1) year or
the full cost of all non-SDC eligible project costs, whichever is more. This shall be retained by the
City as a security deposit in the event of default and as prepayment of the final year's assessment.
Any interest or increase in value shall be the property of the party posting the security. Upon
default, the City may use these funds to pay any costs which may become due, including for interim
financing and make any bond payments due and otherwise preserve the property or protect the City
from liability pending foreclosure. This deposit, however, shall not forestall delinquency or relieve
the property owner from the obligation to pay assessments when due and shall not be a defense to
foreclosure;
                 (5)     The owner irrevocably assigns to City any SDC credits owner otherwise is
eligible to receive from construction of public improvements financed by the LID. City shall redeem
the credits at the time of building permit issuance or occupancy, at City's option, of any lot or parcel
assessed. Funds shall be held by City to secure two (2) years debt service and assessment payments
in addition to, and in the same manner as, the deposit provided for in 3.174(4). Any credits
remaining after the two (2) year reserve is fully funded shall be assigned back to the original
assignor.
                 (6)     The City may require submittal of such information as it deems necessary to
evaluate the financial viability of the district and the risk to City. The City may refuse to authorize
formation of the district or construction of the improvements if it concludes that there is a significant
risk of default. The City may require such financial guarantees as it deems necessary to adequately
minimize such risk.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.175 [Repealed by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.176 Exceptions to Minimum Requirements.
                (1)     Notwithstanding Section 3.174, the City may approve an LID for construction
of frontage and off-site public improvements regardless of whether such improvements are SDC
eligible if the owner of each lot or parcel proposed to be assessed posts cash or negotiable
instruments with the City or in escrow, or an irrevocable letter of credit in a form and issued by a
financial institution acceptable to City, for the entire amount of the estimated assessment, less the
deposit required by Section 3.174. This assurance shall be available to the City to pay the cost of the
public improvements, interim financing, bond obligations, and any other amounts owed upon failure

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of the owner to do so. Annual release of this assurance based on that portion of the assessments paid
may be permitted;
               (2)     Notwithstanding Subsection (1) of this Section, the Council may accept an
alternative form of that assurance for some or all of the estimated assessment if the Council finds
that:
                       (a)     The assurances are sufficient to pay the entire assessment;
                       (b)     The owner has made a reasonable and good faith effort to provide an
               assurance set forth in Section 3.174(4), but has been unable to do so; and
                       (c)     The proposed assurance is: easily collectible and not readily
               susceptible to defeat; relatively liquid; generally stable with little fluctuation in value
               and has a relatively clearly established value.
               (3)     The Council may exempt a lot or parcel from one or more of the financial
assurance requirements imposed by Section 3.174 or 3.176 provided that:
                       (a)     The total estimated assessments on such exempted property do not
               exceed ten percent (10%) of the total estimated assessments for the District and the
               value to assessment ratio on any exempted lot or parcel is not less than 2:1; and
                       (b)     An owner within the District agrees to pay the assessment on such
               parcel in the event of default and posts securities or financial assurances, as provided
               herein, sufficient to secure such payment.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.178 Security Liability. The City shall have recourse to the assurance provided in Section 3.176
as a source of payment of any delinquency independent from, and without recourse first to any other
remedy provided by law, including foreclosure. Each applicant for installment payment of an
assessment against an unimproved land parcel shall remain personally liable for the amount financed
in the application, regardless of the subsequent disposition of the property. If the property is sold,
the original applicant's liability shall be for any installment debt not satisfied out of foreclosure and
sale of the property. The applicant shall be jointly liable with the subsequent owner for any debt not
satisfied out of foreclosure and sale proceeds.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.180 [Repealed by Ord. No. 95-17, enacted Jan. 18, 1996.]
3.182 Subsequent Purchase Liability Release. A subsequent purchaser may submit to the City
the assurances provided in Section 3.176. If the City determines that the subsequent purchaser has
met the requirements of Section 3.176, the Council may order the release of the original applicant
from liability for the assessment.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.184 Payment and Bond Schedules.
               (1)     Installment payments shall be due and payable on a schedule determined by
the City.
               (2)     Bonds issued by the City for the purpose of financing local improvements
shall be for a period as designated by the Council but not to exceed the lesser of the estimated

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structural and design life expectancy of the proposed public improvement, as determined by the City
or thirty (30) years. The City reserves the right to issue these bonds for a period of five (5) years
when the property will be resold when developed, and to provide that these bonds may be callable
after two (2) or more years in the event of substantial prepayment.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.185 [Repealed by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.186 Effect of Provisions. This Act shall without further action govern all Districts formed after
the effective date. Nothing herein shall affect the validity or continued operation of any LID formed
prior to the effective date of this Act and all assessments and assessment authority shall continue to
be valid. Notwithstanding this provision, the Council may by resolution direct that such provisions
of this Act govern pre-existing districts and assessments as the Council determines to be appropriate.
[Added by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.190 [Repealed by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.195 [Repealed by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.200 [Repealed by Ord. No. 95-17, enacted Jan. 18, 1996.]

3.205 Segregation of Assessments.

       (1)      Whenever property shall have been assessed in an entire tract or parcel and
subsequently divided into smaller lots or parcels or divided among different owners, any owner,
mortgagee or lien holder of parcel(s) desiring to have the total assessment apportioned between said
smaller lots or parcels may make an application to the City Council for a segregation of the
assessment and a determination of the amount due on the portion owned by him or her.
        (2)     Applications for the segregation of liens shall be filed with the Finance Director and
shall describe tract(s), lot(s) or parcel(s) to be segregated and the names of the owners of the
respective tract(s), lot(s) or parcel(s). Applications shall include Klamath County Deed Records
recording information of the document evidencing applicant's ownership or other interest in the
parcel or shall be accompanied by a true copy of the deed, mortgage, or other document evidencing
applicant's interest. The application shall also be accompanied by a fee as established by resolution
of the Council, which fee or fees may be revised by resolution of the Council at any
time.
        (3)     Upon receipt of the application, the Finance Director shall cause a segregation of the
total assessment to be calculated by the appropriate City department according to the method of
apportionment used in the original improvement
assessment.
        (4)     No requested segregation shall be granted unless the segregation complies with ORS
92.010 to 92.160, applicable Community Development Ordinance provisions, and all applicable
acknowledged comprehensive plans.

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        (5)     If the Council determines that the requested segregation complies under (4) above, it
shall order the segregation by resolution describing each parcel, the owner of each parcel, and the
amount of the assessment levied against each parcel. The resolution will become effective upon
receipt from the applicant of an executed agreement acknowledging the validity of the assessment(s)
as segregated and waiving any and all errors or irregularities in the proceedings, and upon receipt of
all past due payments on the total assessment of the entire tract or parcel involved. Thereafter, a
copy of the resolution shall be filed with the Finance Director who shall cause any necessary
changes or entries to be made in the City's lien docket.
[Amended by Ord. No. 6445, enacted Feb. 21, 1984.]




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SIDEWALKS

3.305 Application. The provisions of Sections 3.305 to 3.330 shall apply to:
              (1)     Procedures initiated by Council improvement resolution enacted pursuant to
Section 3.130(2); and
              (2)     Procedures initiated by order of the Public Works Director to an individual
property owner to repair or replace a deteriorated curb or sidewalk.
[Added by Ord. No. 6335, enacted March 2, 1981; Amended by Ord. No. 6510, enacted June 17,
1986.]

3.310 Hearing. At the public hearing on the proposed sidewalk or curb improvement, the property
owner and the public generally shall be given an opportunity to be heard. The Council shall then
determine whether or not the sidewalk or curb shall be constructed, no further steps shall be taken.
If it finds in accord with its first resolution, that such sidewalk or curb is necessary and in the best
interest of the public, then it shall set forth such findings by ordinance and direct the owner of the lot
or parcel of land adjacent to the site of the proposed sidewalk or curb to construct the sidewalk or
curb, under the supervision of the City Engineer and in accord with plans and specifications
approved by the City.
[Amended by Ord. No. 6510, enacted June 17, 1986.]

3.315 Notice. The Recorder shall notify the owner of             the property involved, by written notice,
to construct the sidewalk or curb and begin the work thereon within thirty (30) days from receipt of
the notice, if served upon the owner in person, or within thirty (30) days from the date of mailing the
notice by certified mail to the owner, addressed to his/her last known address, or, if the address is
not known, to the address given on the most recent assessment roll in the office of the County
assessor. The Recorder may serve the notice by personal service on the party or by certified mail, as
provided in this Section. The notice shall also inform the owner of the lot or parcel of land that the
work is to be done under supervision of the Engineer and according to certain plans and
specifications. It shall further inform the owner that if the construction of the sidewalk or curb is not
begun within thirty (30) days, the City will construct the sidewalk or curb and the cost thereof will
be assessed against the lot or parcel of land and be a lien against it.
[Amended by Ord. No. 6510, enacted June 17, 1986.]

3.320 Construction by Property Owner.
                (1)     Whenever a property owner constructs a new sidewalk or curb under the
provisions of this chapter, such sidewalk or curb shall be constructed of portland cement concrete, to
the standard specifications adopted by the City.
                (2)     Notwithstanding the provisions of Subsection (1), the Council may approve
the use of sidewalk construction material other than portland cement concrete for a specific project
or area of the City.
[Amended by Ord. No. 6510, enacted June 17, 1986.]



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3.325 Completion of Construction. The owner shall complete the construction of the sidewalk or
curb within a period of sixty (60) days after construction is begun; or it may be completed by the
City and the cost placed as a lien against the property, as provided by Section 3.165. The City may
grant one (1) thirty (30) day extension upon request of the owner. If more than one (1) lot or parcel
of land is involved, the cost of the sidewalk or curb shall be equitably prorated by the Public Works
Director, or his/her designee, among the several parcels of property involved.
[Amended by Ord. No. 6510, enacted June 17, 1986; Amended by Ord. No. 03-08, enacted April 9,
2003.]

3.330 Construction by City. When it becomes necessary for the City to construct the sidewalk or
curb, it shall proceed as provided in Sections 3.140 to 3.200.
[Amended by Ord. No. 6510, enacted June 17, 1986.]




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ECONOMIC IMPROVEMENT DISTRICTS

3.405 Definitions. As used in Sections 3.405 to 3.455 (the "act"), unless the context requires
otherwise:
              (1)     "Economic improvement" means:
                      (a)    The planning or management of development of improvement
              activities.
                      (b)    Landscaping or other maintenance or public areas.
                      (c)    Promotion of commercial activity or public events.
                      (d)    Activities in support of business recruitment and development.
                      (e)    Improvements in parking systems or parking enforcement.
                      (f)    Any other economic improvement activity for which an assessment
              may be made on property specially benefited thereby.
              (2)     "EID" means an Economic Improvement District created or proposed under
this act.
              (3)     "Lot" means lot, block or parcel of land.
              (4)     "Owner" has the meaning given that term in ORS 223.287.
[Added by Ord. No. 6499, enacted Nov. 4, 1985.]

3.410 Purpose. The provisions of this Act set forth        the procedures to be followed for the
creation of an Economic Improvement District within the City within which the costs of an
economic improvement may be assessed upon lots which are specially benefited by all or part of the
improvement. This Act is intended to be applied and construed in conformance with Chapter 576,
Oregon Law, 1985.
[Added by Ord. No. 6499, enacted Nov. 4, 1985.]

3.415 Restrictions. No EID shall be formed under this act which would:
               (1)     Levy assessments in an economic improvement district in any year that
exceed one percent of the true cash value of all real property located within the district.
               (2)     Include within the district any area of the City that is not zoned for
commercial or industrial use.
               (3)     Levy assessments on residential real property or any portion of a structure
used for residential purposes.
[Added by Ord. No. 6499, enacted Nov. 4, 1985.]

3.420 Initiation. An EID may be initiated:
              (1)    At the request of the Council
              (2)    At the request of one or more owners of property to be benefited specially by
the improvement; or
              (3)    As part of a master economic development plan prepared by or for the City.
[Added by Ord. No. 6499, enacted Nov. 4, 1985.]

3.425 Notice of Council Hearing.

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                (1)    If following initiation of an EID there is a showing of support among the
benefited property owners, a public hearing on the proposed EID shall be scheduled before the
Council.
                (2)    Not later than thirty (30) days prior to the date of said public hearing, notice
shall be mailed or delivered personally to affected property owners within the proposed district
boundaries. The notice shall state the proposed intention to construct or undertake the economic
improvement project and to assess benefited property for a part or all of the cost. The notice shall
state the time and place of the public hearing.
[Added by Ord. No. 6499, enacted Nov. 4, 1985.]

3.430 Hearing.

               (1)      At the public hearing the proposed EID program shall be presented to include:
                        (a)      A description of the economic improvement project(s) to be
                undertaken;
                        (b)      A preliminary estimate of the probable cost of the economic
                improvement and the proposed formula for apportioning cost to specially benefited
                property;
                        (c)      A description of the boundaries of the district in which property will
                be assessed; and
                        (d)      The number of years, to a maximum of five (5), in which assessments
                will be levied.
                (2)     Affected property owners shall have the opportunity to appear to support or
object to the proposed improvement and assessment.
                (3)     If, after the hearing, the Council determines that the economic development
shall be formed, the Council shall by resolution:
                        (a)      Adopt the EID program as presented or amended by Council;
                        (b)      Determine whether the property benefited shall bear all or a portion of
                the cost;
                        (c)      Determine, based on the actual or estimated cost of the economic
                improvement project, the amount of assessment on each lot in the district; and
                        (d)      Set a public hearing on the assessment for the EID;
                        (e)      As used in Subsection (b) above, "cost" may include the direct
                administrative overhead costs incurred by the City pertaining to the improvement
                project.
[Added by Ord. No. 6499, enacted Nov. 4, 1985; amended by Ord. No. 02-11, enacted June 2, 2002.]

3.435 Notice of Proposal Assessment. If the Council determines that the economic improvement
project shall be made, the Recorder or person designated by the Council shall prepare the proposed
assessment to the respective lots within the assessment district and file it in the appropriate City
office. Notice of the proposed assessment shall be mailed or personally delivered to the owner of
each lot proposed to be assessed. The notice shall state the amounts of assessments proposed on that
property and shall state the time and place of the public hearing at which affected property owners

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may appear to support or object to the proposed assessment. The hearing shall not be held sooner
than thirty (30) days after the mailing or personal delivery of the notices.
[Added by Ord. No. 6499, enacted Nov. 4, 1985.]

3.440 Assessment Ordinance.
               (1)     On the date set for the public hearing, the Council shall consider any
objections and may adopt, correct, modify or revise the proposed assessments and shall determine
the amount of assessment to be charged against each lot within the district, according to the special
and peculiar benefits accruing thereto from the economic improvements, and shall by ordinance
spread the assessments. The ordinance shall set forth the dates on which the annual assessments are
to be made. The ordinance may provide for annual, semiannual or quarterly payment of the
assessment and may set an interest rate charge on installment payments.
               (2)     The assessment shall not be made and the economic improvement project
shall be terminated and in the event written objections are received at the public hearing from
owners of property upon which more than thirty-three percent (33%) of the total amount of
assessments are proposed to be levied.
               (3)     The assessment ordinance may create an advisory committee to allocate
expenditure of moneys for economic improvement activities within the scope of the project.
[Added by Ord. No. 6499, enacted Nov. 4, 1985.]

3.445 Method of Assessment and Alternative Methods of Financing.
               (1)     The Council, in adopting a method of assessment of the costs of the
improvement, may:
                       (a)     Use any just and reasonable method of determining the extent of any
               improvement district consistent with the benefits derived.
                       (b)     Use any method of apportioning the sum to be assessed as is just and
               reasonable among the properties determined to be specially benefited.
                       (c)     Authorize payment by the City of all or any part of the cost of any
               such improvement when, in the opinion of the Council, the character of the project
               involved warrants only a partial payment or no payment by the benefited property of
               the costs of the improvement.
               (2)     Nothing contained in this act shall preclude the Council from using any other
available means of financing improvements, including Federal or State grants-in-aid, revenue bonds,
general obligation bonds, or any other legal means of finance. If such other means of financing
economic improvements are used, the Council may, in its discretion, levy assessments according to
the benefits derived to cover any remaining part of the costs of the economic improvement.
[Added by Ord. No. 6499, enacted Nov. 4, 1985.]




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3.450 Notice of Assessment. Within ten (10) days after the ordinance levying assessment has
been passed, the Recorder shall send by registered or certified mail a notice of assessment to the
owner of the assessed property. The notice of assessment shall recite the date of the assessment
ordinance and the date on which the first annual assessment is due, together with the terms of
installment payments if desired. The Recorder shall send notice of subsequent assessments or
installment payments during the term of the LID to the affected property owner at least thirty (30)
days prior to their due date. Each notice sent hereunder shall state that upon the failure to the owner
of the property assessed to pay the assessment, an installment or any part thereof within ten (10)
days of its due date, interest at the rate of ten percent (10%) per annum will commence to run on the
assessment and the property assessed will be subject to foreclosure. The notice shall also describe
the property assessed, name the owner of the property and state the amount of each assessment.
[Added by Ord. No. 6499, enacted Nov. 4, 1985.]

3.455 Application of 3.165 to 3.205. Sections 3.165 to 3.205 shall apply to this act unless the
context otherwise requires.
[Added by Ord. No. 6499, enacted Nov. 4, 1985.]
SYSTEMS DEVELOPMENT CHARGE

3.505 Purpose. The purpose of the Systems Development Charge is to impose a portion of the cost
of capital improvements for water, wastewater drainage, streets, flood control and parks upon those
developments that create the need for or increase the demands on capital improvements.
[Added by Ord. No. 6623, enacted July 1, 1991.]

3.510 Scope. The Systems Development Charge imposed by             Sections 3.505 to 3.590
hereinafter referred to as the "SDC Act", is separate from and in addition to any applicable tax,
assessment, charge or fee otherwise provided by law or imposed as a condition of development.
[Added by Ord. No. 6623, enacted July 1, 1991.]

3.515 Definitions. For purposes of this ordinance, the following mean:

        Capital Improvements. As defined in ORS 223.299, including any amendments thereto.
        Developer. Any person who creates or proposes to create a development whether or not the
person is an owner, and including any agent of a Developer.
        Development. Conducting a building operation, making a physical change in the use or
appearance of a structure or land, dividing land into two or more parcels (including partitions and
subdivisions), and creating or terminating a right of access.
        Improvement Fee. A fee for costs associated with Capital Improvements to be constructed after
the date the fee is adopted pursuant to Section 3.520.
        Improvement Plan. A plan approved by the City Council in compliance with ORS 223.309 and
Section 3.540 that lists the City Capital Improvements on which SDC improvement fee revenues may be
expended according to ORS 223.309.
        Interested Persons List. A list prepared in compliance with ORS 223.304(6), including any
amendments thereto, identifying persons that have requested in writing to be notified about proposed

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adoption of, or amendment to, SDC methodologies.
        Land Area. The area of a parcel of land as measured by projection of the parcel boundaries upon
a horizontal plane with the exception of a portion of the parcel within a recorded right-of-way or
easement subject to a servitude for a public street or scenic or preservation purpose.
        Methodology. The description and formulas that collectively describe how development impact
fees and System Development Charges are calculated for each system.
        Parcel of Land. A lot, parcel, block or other tract of land that is occupied or may be occupied by
a structure or other use, and that includes the yards and other open spaces required under the zoning,
subdivision or other development ordinances.
        Qualified Public Improvements. As defined in ORS 223.299, including any amendments thereto.
        Reimbursement Fee. A fee for costs associated with Capital Improvements constructed or under
construction on the date the fee is adopted pursuant to Section 3.520.
    Systems Development Charge or SDC. As defined in ORS 223.299, including any amendments
thereto. [Added by Ord. 6623, enacted July 1, 1991; amended by Ord. 96-23, enacted Aug. 20, 1996;
Amended by Ord. 07-06, enacted Feb. 20, 2007.]

3.520 Systems Development Charge Established.
        1) System Development Charges shall be established and may be revised by resolution of
the Council. The resolution shall include or reference a methodology which sets forth the basis for
calculating charges and other fees and that is available for public inspection. The process for
establishing or modifying a System Development Charge shall comply with notice requirements in
ORS 223.304(7) including any amendments thereto, using the City’s Interested Persons List.
        (2) Unless otherwise exempted by the provisions of this Ordinance or other local or state law,
a Systems Development Charge is hereby imposed upon all Developers of land within the City, and
upon all Developers of lands outside the boundary of the City that choose to be connected to or
otherwise use the sewer facilities, storm sewers or water facilities of the City. For Development
outside the boundaries of the City, SDCs shall only be imposed for those City systems to which the
subject property is directly connected or for which the City is the designated service provider in an
adopted urban service provider agreement that complies with OAR 660-011-010(1)(e).
        (3)     All System Development Charges established by the Council shall be adjusted on
January 1st of each year based on the change in the cost of construction. Changes in the cost of
construction shall be determined by multiplying the current System Development Charge by the
yearly percentage change in the Engineering News Record Construction Cost Index for the Seattle,
Washington area, 1913 = 100 (the “ENR Index”) for December prior to the year of increase (as
compared to December of the previous calendar year), and adding that amount of change, positive or
negative, to the current System Development Charges. Pursuant to the provisions of ORS
223.304(8):
                (a)     The yearly change in the System Development Charges provided for in this
Subsection is not a change in the System Development Charge methodologies; and
                b)      Council may, by duly adopted resolution, change the cost index used to
determine changes in the cost of construction.
        (4)     The City will establish and maintain a System Development Charge list of interested
persons. Requests to be placed on the List need to be in writing. The City may purge names from

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the List once a year after notifying persons on the List that they need to submit a request in writing
that their name be retained on the List. Persons will have 30 days to reply to this notice.
 [Added by Ord. No. 6623, enacted July 1, 1991; Amended by Ord. No. 07-06, enacted Feb. 20,
20070in .]

3.525 Methodology.
        (1) The methodology used to establish the reimbursement fee shall consider the cost of then-
existing facilities, prior contributions by then-existing users, gifts or grants from federal or state
government or private persons, the value of unused capacity, rate-making principals employed to
finance publicly owned capital improvements, and other relevant factors identified by the Council.
The methodology shall promote the objective that future systems users shall contribute no more than
an equitable share of the cost of then-existing facilities.
        (2) The methodology used to establish the improvement fee shall consider the costs of
projected capital improvements set forth in an adopted Improvement Plan that are needed to increase
the capacity of the systems to which the fee is related and for the benefit of future users.
        (3) The methodology used to establish the improvement fee or the reimbursement fee, or
both, shall be contained in a resolution adopted by Council.
        (4)      The methodology for City water, wastewater, street and storm water System
Development Charges shall be kept on file with the Public Works Director and made available for
public inspection.
        (5) The methodology for the park System Development Charge shall be kept on file with the
Community Development Director and made available for public inspection.
   (6) The methodology used to establish or modify a System Development Charge shall be
available for public inspection at least 60 days prior to the first adoption hearing. Notice to
individuals or groups on the Interested Persons List will be provided at least 90 days prior to the first
adoption hearing.
[Added by Ord. No. 6623, enacted July 1, 1991; Amended by Ord. No. 07-06, enacted Feb. 20,
2007.]

3.530 Authorized Expenditures.
                (1)    Reimbursement fees shall be applied only to capital improvements associated
with the systems for which the fees are assessed, including expenditures relating to repayment of
indebtedness.
                (2)    (a)    Improvement fees shall be spent only on capacity increasing capital
improvements, including expenditures relating to repayment of future debt for the improvements.
An increase in system capacity occurs if a capital improvement increases the level of performance or
service provided by existing facilities or provides new facilities. The portion of the improvements
funded by improvement fees must be related to demands created by development.
                       (b)    A capital improvement being funded wholly or in part from revenues
derived from the improvement fee shall be included in the plan adopted by the City pursuant to
Section 3.540.
                (3)    Notwithstanding Subsections (1) and (2) of this Section, Systems
Development Charge revenues may be expended on the direct costs of complying with the

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provisions of this SDC Act, including the costs of developing Systems Development Charge
methodologies and providing an annual accounting of Systems Development Charge expenditures.
[Added by Ord. No. 6623, enacted July 1, 1991.]

3.535 Expenditure Restrictions.
               (1)    Systems development charges shall not be expended for costs associated with
the construction of administrative office facilities that are more than an incidental part of other
capital improvements.
               (2)    Systems development charges shall not be expended for costs of the operation
of routine maintenance of capital improvements.
[Added by Ord. No. 6623, enacted July 1, 1991.]

3.540 Improvement Plan. The Council shall adopt a plan that:
             (1)    Lists the capital improvements that may be funded with improvement fee
revenues;
             (2)    Lists the estimated cost and time of construction of each improvement; and
             (3)    Describes the process for modifying the plan.
[Added by Ord. No. 6623, enacted July 1, 1991.]

3.545 Collection of Charge.
        (1) For properties located inside the City, all applicable Systems Development Charges are
payable upon issuance of:
                (a)     A permit to connect to the water system or the sewer system.
                (b)     A development permit or a residential review permit, if the Development does
not connect to the water or sewer systems.
   (2) For properties located outside the City but within a designated City service area, the System
Development Charges are payable as follows:
                (a)     Issuance of a permit to connect to the water system; or
                (b)     Issuance of a permit to connect to the sewer system;
                (c)     If the Development does not connect to the water or sewer systems, upon
issuance of a County building permit, or other County development document for any Development
not requiring the issuance of a building permit.
        (3)     If Development is commenced or connection is made to the water or sewer systems
without an appropriate permit, the Systems Development Charge is immediately payable upon the
earliest date that a permit was required.
        (4)     Persons subject to a System Development Charge shall be notified of appeal
procedures when they are required to pay the charge.
        (5)     The Community Development Director shall not issue a development permit or
residential review permit, nor shall the City allow a utility connection until all applicable SDC
charges have been paid in full, unless provisions for installment payments have been made pursuant
to Section 3.555, or an exemption or deferral has been granted pursuant to Section 3.560 or
Subsection (6) of this Section.
        (6)     The Council may, by resolution, defer imposition and collection of the System

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Development Charge in order to facilitate the development and expansion of low-income housing
opportunities by Klamath Housing Authority.
[Added by Ord. No. 6623, enacted July 1, 1991; Amended by Ord. No. 00-25, enacted Nov. 21,
2000; Amended by Ord. No. 07-06, enacted Feb. 20, 2007.]

3.550 Delinquent Charges: Hearing.
                (1)     When, for any reason, the Systems Development Charge has not been paid,
the Public Works Director shall report to the Council the amount of the uncollected charge, the
description of the real property to which the charge is attributable, the date upon which the charge
was due and the name of the developer.
                (2)     The City Council shall, by motion, schedule a public hearing on the matter
and direct that notice of the hearing be given to each developer and the owner with a copy of the
Public Works Director=s report concerning the unpaid charge. Notice of the hearing shall be given
either personally or by certified mail, return receipt requested, or by both personal and mailed notice,
and by posting notice on the parcel at least ten (10) days before the date set for the hearing.
                (3)     At the hearing, the Council may accept, reject or modify the determination of
the Public Works Director as set forth in the report. If the Council finds that a Systems
Development Charge is unpaid and uncollected, it shall, by motion, direct the discontinuance of
system services to the property.
[Added by Ord. No. 6623, enacted July 1, 1991; amended by Ord. No. 96-23, enacted Aug. 20,
1996.]

3.555 Installment Payment.
              (1) When an eligible Systems Development Charge is due and collectible, the owner
of the parcel of land subject to the development charge may apply for payment in twenty (20) semi-
annual installments, to include interest on the unpaid balance, in accordance with ORS 223.208 and
applicable City ordinances. The application shall provide that the owner agrees to pay a billing
charge to be added to each installment. The billing charge shall be a pro-rated share of the actual
cost of billing and keeping records of installment payment accounts. The amount of the billing
charge may be set and modified by the City Manager in accordance with the requirements of Section
1.075.
              (2) The Finance Director shall provide application forms for installment payments,
which shall include a waiver of all rights to contest the validity of the lien, except for the correction
of computational errors.
              (3) An applicant for installment payments shall have the burden of demonstrating the
applicant’s authority to assent to the imposition of a lien on the parcel and that the interest of the
applicant is adequate to secure payment of the lien.
              (4) The Public Works Director shall report to the Finance Director the amount of the
Systems Development Charge, the dates on which the payments are due, the name of the owner and
the description of the parcel.
              (5) The Finance Director shall docket the lien in the lien docket. From that time the
City shall have a lien upon the described parcel for the amount of the Systems Development Charge,


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together with interest on the unpaid balance at the rate established by the Council. The lien shall be
enforceable in the manner provided in ORS Chapter 223.
              (6) Only the following System Development Charges are eligible for payment in
installments as permitted in this Section:
                   (a) Those described in ORS 223.208 that are designed to finance the purchase
or development of a public park or recreational facility, or the construction, extension or
enlargement of a street, storm sewer, community water supply, storm or sewerage or disposal system
as defined in ORS 199.464 imposed by the City as a condition to issuance of any occupancy permit
or imposed at some other time as determined by City ordinance;
                    (b) Those imposed on properties where the property is part of a low-income
housing development constructed by Klamath Housing Authority; or
                    (c) Those imposed on properties where, in the discretion of the Finance
Director, the property owner has established that immediate payment of the SDC will cause an
extreme financial hardship on the property owner and no alternative finance arrangements are
available to the property owner.
 [Added by Ord. No. 6623, enacted July 1, 1991; Amended by Ord. #07-12, Enacted 6-19-07.]

3.560 Exemptions.
                (1)      That portion of a structure=s water line/meter devoted solely to the supply of
the structure=s fire protection system shall not be subject to the Systems Development Charge.
                (2)      An alteration, addition, replacement or change in use, including
redevelopment of a vacant lot which had the requested utility service within the previous ten (10)
year period, shall be exempt; provided, there is no increase in the parcel=s, lot=s or structure=s use of
the public improvement facility.
                (3)      A project financed by City revenues may be exempted by the Council from all
portions of the Systems Development Charge.
                (4)      No Systems Development Charge shall be imposed upon qualified new homes
in a designated distressed housing area.
[Added by Ord. No. 6623, enacted July 1, 1991; Amended by Ord. No. 6636, enacted May 4, 1992;
 Amended by Ord. No. 6649, enacted Jan. 7, 1993; Amended by Ord. No. 96-23, enacted Aug. 20,
1996.]


3.565 Credits.
               (1) A Systems Development Charge shall be imposed when a change of use of a
parcel or structure occurs, but credit shall be given for the computed Systems Development Charge
to the extent that prior structures existed and services were used within the prior ten (10) year period.
 The credit so computed shall not exceed the calculated Systems Development Charge. No refund
shall be made on account of such credit.
[Amended by Ord. No. 02-07, enacted April 16, 2002.]
               (2) A credit shall be given for the cost of a Qualified Public Improvement constructed
as part of an approved development,. If a Qualified Public Improvement is located partially on and
partially off the parcel that is the subject of a development approval, credit shall be given portion of

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the SDC, not for the reimbursement fee portion, and shall not exceed the amount of the improvement
fee even if the cost of the capital improvement exceeds the fee.
              (3) A System Development Charge credit for the cost of a Qualified Public
Improvement shall be calculated as follows:
                     (a) The Credit must be applied for by an Applicant entitled to the credit. The
Applicant must specifically request the credit prior to the date when the applicable SDC is payable
as provided in Section 3.545. The Applicant bears the burden of evidence for establishing
entitlement to a credit and for establishing the value of the credit.
                     (b) The value of the SDC credit shall be approved by the Department Director
responsible for the applicable public system based on the cost of the Qualified Public Improvement
or the value of land dedicated for the improvement as follows:
                (i.) For dedicated land, value shall be based on a written appraisal of fair market value
by a qualified professional appraiser.
                (ii.) For constructed improvements, the value shall be based on the actual cost of
construction verified by receipts submitted by the Applicant.
                (iii.) For improvements pledged but not yet constructed, value shall be based on the
anticipated cost of construction using estimates prepared and certified by a registered engineer or
architect, or based on a fixed price bid from a contractor qualified to build the improvement. The
Department Director may revise the amount of the credit if actual construction costs deviate from
cost estimates or bids by more than 5%.
                     (c) The appropriate Department Director shall respond to a request for SDC credit
within 21 days of the date when the request is submitted, not including time requested by the
Director to clarify or complete an application. Requests for clarification shall be in writing.
                     (d) If an Applicant disputes a Director’s decision regarding an SDC credit, an
appeal may be filed in accordance with provisions in Section 3.575.
              (4) Credit shall not be transferable from one development to another. Credit shall not
be transferable from one type of capital improvement to another.
[Added by Ord. No. 6623, enacted July 1, 1991; Amended by Ord. #07-12, enacted 6-19-07.]
                     (e) Public Parks.
                               (i.)      Credit of 100% of the cost of a fully developed park or similar
recreation facility is allowed provided it: is in excess of two (2) acres in size; is consistent with the
City’s parks master plan or receives approval of the Parks and Recreation Advisory Board; is fully
landscaped; has two or more recreation facilities or features consistent with a neighborhood park and
has been approved of by the Board; and is easily accessible to the general public (e.g., has public
parking available). The park must be dedicated to the City after development by the developer.
“Cost” is defined as the assessed value of the land plus the cost of landscaping and recreational
improvements.
                               (ii.)     Credit of 125% of the above cost is allowed if provision for
perpetual maintenance by the developer or homeowner association is provided.
                        (f)       Dedicated Park Land. A credit of 100% of the assessed value of
unimproved land donated to the City for Park Development is allowed, provided it is at least three
(3) acres in size, suitable for park development, no closer than 2 miles to an existing park, not in
conflict with the City’s parks master plan and has been approved by the Parks and Recreation

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Advisory Board and the City Council.
                     (g)       Excess Credits. There shall be no payment by City in the event the
value of the credit exceeds the SDC due, but the owner may carry over excess credits for five (5)
years.
[Added by Ord. #97-28, enacted Oct. 20, 1997 Amended by Ord. #07-12, enacted June 19, 2007;
Note: Section 5 was adopted by Council via Res. #97-28, enacted Oct. 20, 1997, and, as amended
herein, is made a part of the Code by this Ord.]

3.570 Segregation and Use of Revenue.
               (1)    All funds derived from a particular type of Systems Development Charge are
to be segregated by accounting practices from all other funds of the City. That portion of the
Systems Development Charge calculated and collected on account of a specific facility system shall
be used for no purpose other than those set forth in Section 3.530.
               (2)    The Finance Director shall provide the City Council with an annual
accounting, based on the City's fiscal year, for Systems Development Charges showing the total
amount of Systems Development Charge revenues collected for each type of facility and the projects
funded from each account.
[Added by Ord. No. 6623, enacted July 1, 1991.]

3.575 Appeal Procedure.
        (1)      Appeals regarding the calculation of a System Development Charge shall be made in
writing to the department director responsible for administering the particular system in question
within ten (10) working days of the date that the charge is payable. Appeals must set forth the basis
for appeal outlining the specific computational or methodological errors that are the basis for the
appeal. Responses to director appeals shall be issued in writing within 45 days. An appeal of the
director decision may then be made to the City Council by written request to the City Recorder
within ten (10) days of the director’s decision. If requested in writing, Petitioners will be afforded
reasonable opportunity to appear before the Council to present the basis for their appeal. Responses
to Council appeals will be issued 45 days after receipt by the City Recorder or, if an appearance
before the Council is granted, within 30 days after the appearance. The Council’s appeal decision
will be in writing and will include an advisory reference of the petitioner’s right to state court review
pursuant to ORS 34.010-34.100.
        (2)      An appeal of an expenditure of System Development Charge revenue must be filed
within two (2) years of the date of the alleged improper expenditure. With the exception of the
extended timeline for filing the initial appeal, the review process for expenditure appeals is the same
process as outlined in Subsection (1) of this Section.
        (3)      The Council shall determine whether the appropriate director’s decision is in
accordance with this Ordinance and the provisions of ORS 223.297 to 223.314 and may affirm,
modify or overrule the decisions. If the Council determines that there has been an improper
expenditure of Systems Development Charge revenues, the Council shall direct that a sum equal to
the misspent amount shall be deposited within one (1) year to the credit of the account or fund from
which it was spent.
        (4)      A legal action challenging the methodology adopted by the Council pursuant to

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Section 3.525 shall be subject to the requirements of ORS 34.010 to 34.100 and shall be filed not
later than sixty (60) days after the adopted methodology is final.
[Added by Ord. No. 6623, enacted July 1, 1991; Amended by Ord. No. 07-06, enacted Feb. 20,
2007.]

3.580 Prohibited Connection. No person may connect to the water or sewer systems of the City
unless the appropriate Systems Development Charge

has been paid or the lien or installment payment method has been applied for and approved.
[Added by Ord. No. 6623, enacted July 1, 1991.]

3.585 Penalty. Violation of Section 3.580 of this SDC Act is punishable by a fine not to exceed
Five Hundred Dollars ($500.00).
[Added by Ord. No. 6623, enacted July 1, 1991.]

3.590 Construction and Severability.
                (1)    The rules of statutory construction contained in ORS Chapter 174 are adopted
and by this reference made a part of this SDC Act.
                (2)    The invalidity of a Section or Subsection of this Act shall not affect the
validity of the remaining Sections or Subsections.
[Added by Ord. No. 6623, enacted July 1, 1991.]




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ADVANCE FINANCING OF PUBLIC IMPROVEMENTS ACT

3.605 Definitions: The following words and phrases for the purposes of this Act and for the
purposes of any advance financing agreement entered into pursuant hereto and for any actions taken
as authorized pursuant to this chapter or otherwise, shall have the meanings set out below:

       (1)     Act means sections 3.505 to 3.560, the Advance Financing of Public Improvements
               Act.
       (2)     Advance Financing is a method of recapturing costs by a developer, where such
               developer installs public improvements, and where such public improvements may
               be utilized by neighboring properties.
       (3)     Advance Financing Agreement means an agreement between developer and the City,
               as authorized by the installation of advance financed public improvements and which
               agreement contains provisions for reimbursement by the benefiting properties that
               may utilize such improvements as determined in the best interest of the public by the
               Council.
       (4)     Advance Financing District Ordinance means an ordinance adopted by the City
               designating a public improvement to be an advance financed public improvement,
               creating an advance financing district and containing provisions for financial
               reimbursement by benefiting properties that may utilize the improvement(s) and such
               other provisions as determined in the best interest of the public by the Council.
       (5)     Developer means the City, an individual, a partnership, a joint venture, a corporation,
               a subdivider, a partitioner of land or any other entity, without limitation who will
               bear, under the terms of this Act, the expense of design, construction, purchase,
               installation, or other expenses associated with the creation of a public improvement.
               The rights of a developer created under this Act run with the land unless a written
               assignment otherwise is presented to the City in advance of any reimbursement
               payment.
       (6)     Development means that real property being developed by the Developer and for
               which property the Advance Financing District Ordinance is adopted.
       (7)     Benefiting Property means that real property which would benefit from an advance
               financed public improvement, but does not include the development.
       (8)     Owner means the fee holder of record or the legal title to the real property in
               question. Where such real property is being purchased under a recorded land sales
               contract, then such purchasers shall also be deemed owners.
       (9)     Public Improvement means the following:
               1.      The construction, reconstruction or altering of any street or alley;
               2.      The construction of curbs and/or sidewalks;
               3.      The construction or upgrading of any sanitary or storm sewer or water main;
               4.      The construction or upgrading of any flood control or irrigation dike, dam,
                       structure, or facility;
               5.      Those Alocal improvements@ as defined in ORS 310.140(9) as now written or
                       hereafter amended;

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               6.      Any other public improvement authorized and so designated by the Council.
                       The term does not include improvements which solely benefit the
                       Development.

3.610 City Analysis. Upon receipt of a request for advance financing reimbursement, the City
Public Works Department shall make an analysis of the advance financing proposal and shall
prepare a report to be submitted to the Council for discussion at a public hearing. Such report shall
include a map showing the location of the Development, the public improvement and benefiting
properties. The report shall also include the total cost of the advance financed public improvement,
and the portions thereof benefiting the Development and each of the benefiting properties.

3.615 Public Hearing - Notification. Not less than ten (10), nor more than thirty (30) days prior to
any public hearing being held pursuant to this Act, Developer and all benefiting property owners
shall be notified of such hearing and the purpose thereof. Such notification shall be accomplished by
regular mail, according to the address on file with the County Assessor, or by personal service. If
notification is accomplished by mail, notice shall be deemed made on the date that said letter of
notification is posted. Failure of any owner to be so notified shall not invalidate or otherwise affect
any Advance Financing District Ordinance or the Council=s action to approve or not to approve the
same.

3.620 Public Hearing. After the Public Works analysis has been completed, an informational
public hearing shall be held before the City Council in which all parties and the general public shall
be given the opportunity to express their views and ask questions pertaining to the proposed advance
financed public improvement. Since advance financed public improvements do not give rise to
assessment, the public hearing is for informational purposes only, and is not subject to
remonstrances. The Council has the sole discretion after the public hearing to decide whether or not
an Advance Financing District Ordinance shall be adopted, what property constitutes benefiting
properties, and the appropriate level of reimbursement to be imposed on each benefiting property.

3.625 Advance Financing District Ordinances & Agreements. After the public hearing, held
pursuant to 3.520, if the Council desires to proceed, it shall adopt an Advance Financing District
Ordinance. The ordinance shall designate the improvement as an advance financed improvement
and provide for advance financed reimbursement by benefiting property owners pursuant to this Act.
 Except when the Developer is the City, the Advance Financing District Ordinance may instruct the
City to enter into an agreement between Developer and the City pertaining to the advance financed
improvement, and may, in such agreement, require such guarantee or guarantees as the City deems
best to protect the public and intervening properties, and may make such other provisions as the
Council determines necessary and proper. All agreements entered into must contain and have
distributed costs to all future and intervening properties. A copy of the agreement must be filed with
the Finance Director.
3.630 Advance Financed Reimbursement. An advance financed reimbursement is imposed on all
benefiting properties for projects that utilize an Advance Financed Public Improvement District.


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Such reimbursement is made at the time of utilization of the advance financed public improvement
by the benefiting property pursuant to section 3.545..

3.635 Calculation of Reimbursement Benefiting Properties.

(1)    For street improvements, the advance financed reimbursements, imposed on benefiting
       properties shall be calculated by dividing the total actual cost of the advanced financed street
       improvement by the front footage of all benefiting properties and the Development which
       determines unit cost. The unit cost (cost per frontage foot) is then multiplied by the front
       footage of each intervening property. For sewer, water and storm drainage, the relative areas
       benefited shall be used to calculate the acreage unit cost for reimbursement. In addition, the
       City may use any other method of apportioning costs on those properties specially benefitted
       that are just and reasonable.

(2)    If inequities are created through the strict implementation of the above methodologies, the
       Council may modify their impact on a case-by-case basis.

3.640 Interest Applied to Reimbursements.
        Reimbursements will be increased by an annual interest rate as set forth by Council in the
Advance Financing District Ordinance. The interest will be calculated from the date the Council
adopts the Advance Financing District Ordinance to the date of collection of the reimbursement.

3.645 Collection of Advance Financed Reimbursement.
(1)   The advance financed reimbursement is immediately due and payable to the City by
      benefiting property owners upon their utilizing any advance financed public improvement. If
      connection is made or construction commenced without the proper City permits then the
      advance financed reimbursement is immediately due and payable upon the earliest date that
      any such permit was required.
(2)   No permit for connection or construction shall be issued until the advance financed
      reimbursement is paid in full. Whenever the full and correct advance financed
      reimbursement has not been paid and collected for any reason, the City Finance Director
      shall docket the unpaid and uncollected reimbursement in the record of liens; and upon
      completion of the docketing the City shall have a lien against the described land or the full
      amount of the unpaid advance financed reimbursement, interest, and the City=s actual cost of
      serving notice upon the intervening property owners. The lien shall be enforced in the
      manner as provided by law.



3.650 Disposition of an Advanced financed Reimbursement.
(1)   Developers shall receive the advance financed reimbursement collected by the City for their
      advance financed public improvements. Such reimbursements shall be delivered to


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      Developer for a period of ten years after execution of the advance financing agreement unless
      a longer period has been provided by Council in the Advance Financing District Ordinance.
(2)   Payments will be made to the Developer by the City within ninety days of receipt of the
      advance financed reimbursements.
(3)   The City shall retain 2% but not less than $50.00 per reimbursement for administrative
      services performed in collecting and distributing the reimbursements.

3.655 Recording. All Advance Financing District Ordinances and Agreements as a memorandum
thereof shall be recorded by the City in the deed records of the County. The ordinance and
agreement shall contain full legal descriptions of the Development, and benefiting properties.
Failure to make such recording shall not affect the legality of an advance financing ordinance or
agreement.

3.660 Public Improvements. Public improvements installed pursuant to advance financing
agreement shall become and remain the sole property of the City pursuant to the advance financing
agreement. Advance financed reimbursements, plus interest, not paid to the Developers within 10
years as set forth in Section 3.545 shall be paid to the City to be used for related system
improvements as authorized from time to time by the Council.




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TREE REGULATIONS IN PUBLIC PLACES

3.700 Purpose. The purpose of sections 3.700 to 3.765 (the AAct@) is to maintain and protect the
aesthetic quality of the City=s residential and business environment and to establish a process and
standards which will minimize uncontrolled cutting or destruction of trees within Klamath Falls. It
is the intent of this Act to protect the scenic beauty and livability of the City by promoting a process
for preserving and/or renewing its tree canopy and by implementing standards for the planting,
maintenance and survival of desirable trees. This Act also recognizes the value of the urban forest
for its effect on air quality and wildlife habitat, and as a noise barrier and visual contrast to the
developed urban environment.

3.705 Definitions. As used in this Act, the following terms shall have the meanings set forth in this
section:
       Park Trees. Trees, shrubs, bushes, and all other woody vegetation in public parks and
       all areas owned by the City or to which the public has free access to use as a public
       park.
       Planting Strip. That part of a public right of way not covered by sidewalk or other
       paving being generally between the sidewalk and the curb.
       Public Trees. Park trees, street trees or other trees on publicly owned or controlled property.
       Street. The entire width of every public way or right-of-way when any part thereof is
       open to the use of the public for purposes of vehicular or pedestrian traffic.
       Street Trees. Trees on land lying within the right-of-way of any dedicated street.
       Tree. A woody perennial, usually with one main trunk, attaining a height of at least
       six feet at maturity, or a trunk diameter of at least two inches.

3.710 Designation of Klamath Tree League. The Klamath Tree League (AKTL@) is hereby
designated as an advisory body to the City with respect to this Act and urban forestry matters
generally.

3.715 Street Tree Plan and List of Trees.

        1) It is in the best interest of the City that a Street Tree Plan be developed and established for
the planting, maintenance and replacement of trees in and along its streets. This section is adopted
for the purpose of providing for such a plan.

        2) The City Manager, with advice from the KTL, shall prepare or cause to be prepared a
Street Tree Plan for the planting and maintenance of trees in the streets of the City. Said plan shall
be consistent with the landscaping provisions of Chapter 14 of the CDO and, until such time as the
Plan is developed, those CDO provisions shall be applied under this Act.
        3) The City Manager, with advice from the KTL, shall maintain a list of approved varieties of
trees that may be planted on any street within the City in accordance with the Street Tree Plan.
Approval shall be based upon considerations such as maturity, height, susceptibility to disease or


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pests, reasonable expected freedom from nuisance characteristics and general suitability for any
particular locations.
        4) The City may plant street trees along the streets of the City in the public right-of-way and
in accordance with the Street Tree Plan.

3.720 Plantings in New Subdivisions and Developments.
       1) Street trees shall be planted within the planting strips or sidewalks of any new subdivision
or other development in conformity with the Street Tree Plan. All such planting shall be done in
accordance with the planting specifications governing the placement of street trees as provided by
the Plan. All trees shall be planted prior to initial occupancy.
       2) The cost of such street trees shall be paid by the developer.

3.725 Modified and New Streets. All proposed changes in width in a street, or any proposed street
improvement shall, where feasible, include allowances for planting strips. Plans and specifications
for planting such areas shall be integrated into the general plan of street improvements. Any multi-
family, commercial, industrial or public facility which causes change in street improvements shall
comply with the Plan.

3.730 Street Tree Trimming Permit Requirements and Conditions. Any person desiring for any
purpose to cut, prune, or treat any street tree, shall make application to the City Planning Department
on forms furnished by the City. Such application must state the number and kind of trees to be
pruned or treated, the name of permittee and/or contractor, and the time by which the proposed work
is to be done and such other information as may be required by the City. Any work done under such
written permit must be performed in strict accordance with the terms and provisions of this Act. In
issuing or denying a permit, the City Planning Department shall apply all the standards as set forth in
this Act and the objectives on the Street Tree Plan.

3.735 Maintenance.
       1) All street trees must be pruned to National Arborist Association (NAA) Pruning Standards
for Shade Trees. A current copy of said Standards shall be available for review at the City Planning
Department.

       2) Street trees or trees on private grounds and having branches projecting into the street shall
be pruned by the owners of the property upon which the trees are growing and shall be done
according to the requirements for tree branch clearance over street and sidewalk areas.
       3) Limbs of trees may be allowed to project over the sidewalk area at an elevation of not less
than 7 feet above the sidewalk level, and over the street area at an elevation of not less than 13 feet
above the street level. However, on any street designated as an arterial, collector, or one-way street,
and where parking has been prohibited, limbs of trees shall be pruned to a height of not less than 14
feet above the street level.
       4) Except in the Downtown Urban Renewal District, Care and maintenance of street trees are
the continuing duty and routine obligation of the abutting property owners(s).


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        5) Wherever the owner or owners, lessees, occupants or persons in charge of private grounds
shall neglect or refuse to prune any tree as provided in this section, said tree may be declared a
nuisance pursuant to Chapter 5 of this Code and the City may prune or treat, or cause to be pruned or
treated, said tree. The person remedying the condition shall be authorized to enter the premises for
that purpose. The nuisance abatement provisions of Chapter 5 shall be followed for the collection of
costs incurred by the City in abating the nuisance.
        6) The City may prune and maintain, or cause to be pruned and maintained, all street trees
and trees on private property which have branches projecting into and over the street, the cost of
which shall be paid by the property owner, provided prior notice has been given and the property
owner has failed to have the work done.

3.740 Protection of Trees.
        1) It shall be unlawful for any person to Atop@ any public tree. Topping is defined as the
cutting of the branches and/or trunk of a tree in a manner which will substantially reduce the overall
size of the tree=s crown (more than 20% in a calendar year) so as to destroy the existing symmetrical
appearance or natural shape of the tree and disfigure the tree. Trees severely damaged by storms or
other causes, or certain trees under utility wires or other obstructions where other pruning practices
are impractical, may be exempted in writing by the City Manager.
        2) It shall be unlawful for any person to engage in the business, occupation or profession of
tree trimming or pruning within the corporate limits of the City of Klamath Falls without first
obtaining a business license as provided in Sections 7.005 to 7.100 of this Code. Issuance of such
business license shall be subject to attendance at an annual tree trimming and pruning class to be
conducted by the City. (Provided however, International Society of Arboriculture certified arborists
or other education or certification approved by the City Manager, or designee, shall not be
required to attend the class.)
        3) It shall be unlawful for any person to attach or keep attached to any public tree any ropes,
wires, chains, or other device whatsoever, except that the same may be attached to any tree as
support or protection thereof. This prohibition shall not apply to the seasonal attachment of holiday
lights.
        4) During the erection, repair, alteration or removal of any building, sidewalk, or structure, it
shall be unlawful for the person in charge of such erection, repair, alteration or removal to leave any
public tree in the vicinity of such building or structure without a good and sufficient guard or
protector as to prevent injury to such tree or its roots arising out of, or by reason of such erection,
repair, alteration or removal.
        5) It shall be unlawful for any person to abuse, destroy or mutilate any public tree, shrubs,
bush or other woody vegetation without first obtaining a permit to do so.

3.745 Permit to Remove Trees.
       1) It shall be unlawful to remove a public tree without first securing a permit from the City
Planning Department. Permits to remove public tree(s) will be granted only if Department staff
determine that at least one of the following conditions exist:
                a) The tree is dangerous and may be made safe only by its removal.
                b) The tree is dead or dying, and its condition cannot be reversed.

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                c) The tree is diseased and presents a potential threat to other trees within the City,
unless it is removed.
                d) The tree is causing damage which cannot be corrected through normal tree
maintenance, to nearby public or privates facilities.
                e) Removal of the tree is required to make room for trees growing on either side, in
accordance with the Street Tree Plan.
                f) The tree is located under an electrical power line and would have to be severely
disfigured by pruning, in order to meet power line clearances.
                g) The tree is one of the following species: Willow, Siberian (Chinese) Elm, Black
Locust, fruit or nut bearing, Box Elder.

        2) The permit to remove trees may also include a provision which would require the
permittee to replace the tree(s) removed with tree recommended in the Tree Selection Guide. No
additional permits shall be required for those replacement trees.
        3) If a tree is removed from the subject area without a permit, the City Manager may order
such tree replaced by a suitable tree with a minimum of a 3" caliper. Failure to comply with such
order within a reasonable time, as determined by the City Manger, shall be deemed a separate
violation of this Act.

3.750 Pruning For or By Utility.
        1) Upon obtaining a written permit from the City Planning Department, a City franchised
utility maintaining its utility system in the street may prune or cause to be pruned, using proper
arboricultural practices in accordance with said permit, any tree located in or overhanging the street
which interferes with any light, pole, wire, cable, appliance or apparatus used in connection with or
as part of a utility system, but no tree shall be pruned without the consent of the abutting owner until
the utility shall have given a written or printed notice to the owner or occupant of the premises. The
owner or occupant has two weeks after mailing of the notice to have said trees pruned by a qualified
line clearance contractor, in accordance with utility company or applicable industry requirements, at
the owner=s or occupant=s expense and in accordance with the terms of this Act. If the owner or
occupant fails, neglects or refuses to have such tree pruned as required by the notice, the utility may
prune or cause to be pruned, the tree at its expense in accordance with the conditions of the permit.
The Planning Department, at its discretion, may waive the notification of the single tree permit
process if the utility adequately demonstrates the ability to meet the performance requirements of
this Act and to consistently apply proper arboricultural practices to the pruning of trees.
        2) In those cases where a tree cannot be pruned in such a manner as to preserve the physical
or aesthetic integrity of the tree, it shall be removed and replaced by the utility at its own expense
and in compliance with the replacement provisions of Section 3.745 and 3.755.

3.755 Stumps. In addition to the standards of the National Arborist Association, the following
regulations are hereby established for the care and removal of tree stumps in or upon the streets of
the City. When trees are cut down, the stump thereof shall be removed to a depth of 6 inches below
the surface of the ground.


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3.760 Outstanding Trees Registry. Repealed
[Repealed by Ord. No. 03-02, enacted Jan. 7, 2003.]

3.765 Enforcement. In addition to the procedures for enforcement set forth in this Act, the
nuisance abatement procedures, including the imposition of enforcement fees, as set forth in
Sections 5.600 through 5.692, shall also be applicable to the enforcement of provisions of this Act.

3.790 Penalties. Any person who violates any provision of Sections 3.700 through 3.765 or who
fails to comply with any notice issued pursuant to said provisions, shall be subject to a fine not to
exceed Two Hundred, Fifty Dollars ($250.00) for each separate offense; each day during which any
violation of the provisions of these sections shall occur or continue shall be a separate offense. If, as
the result of the violation of said provisions, the injury, mutilation, or death of a tree or shrub located
in a right-of-way is caused, the cost of repair or replacement of such tree or shrub, of similar size,
shall be borne by the party in violation. The replacement value of trees and shrubs shall be
determined in accordance with the latest revision of Valuation of Landscape Trees, Shrubs and
Other Plants, as published by the International Society of Arboriculture.
[Added




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                                       SCHEDULE 3-A

                           SEGREGATION OF ASSESSMENTS


                                   RESOLUTION NO. 2818


       The fee required to accompany a request for an assessment segregation pursuant to Klamath
Falls City Code Section 3.205 shall be determined as follows:

      For the segregation of one assessment                                              $30.00

      For each additional assessment
       required at that time add                                                         $10.00




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                                         SCHEDULE 3-B

                                   SCHEDULE OF CHARGES

                        RESOLUTION NOS. 02-25, 02-26, 02-27, 07-44
                                Rate Order dated 1-2-08


PARKS:

1.     The SDC rate for Parks effective January 1, 2008 is as follows:

       Single Family Residential              $1,100/Unit
       Multi-Family Residential               $800/Unit
       Commercial                             Exempt

2.     The SDC’s established herein shall be adjusted each year on January 1st, starting on January
1, 2003, by changes in the cost of construction. The change in cost of construction shall be
determined by multiplying the SDC’s by the Engineering News Record Construction Cost Index for
the Seattle area, 1913=100 (ENR) for December prior to the year of increase and dividing by the
ENR for December 2001.



SEWER:

1.     The SDC rate for Sewer effective January 1, 2008 is as follows:

       Single Family Residential              $1,950/Unit
       Multi-Family Residential               $1,268/Unit
       Commercial                             $1,950/Equivalent Residential Unit

2.     The SDCs established herein shall be adjusted each year on January 1st, starting on January 1,
2003 by changes in the cost of construction. The change in cost of construction shall be determined
by multiplying the SDCs by the Engineering News Record Construction Cost Index for the Seattle
area, 1913=100 (ENR) for December prior to the year of increase and dividing by the ENR for
December 2001.




WATER:

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 1.    The SDC rate for Water for meter sizes up to 4 inches is as follows:

               a)      5/8 X 3/4"                          $ 2,346
                       1"                                  $ 5,865
                       1 2"                                $ 11,730
                       2"                                  $18,768
                       3"                                  $37,536
                       4"                                  $58,650

               (b)     For meters over 4@, the SDC shall be determined based on the customer=s
                       anticipated water usage. Anticipated peak day water usage will be divided
                       by the peak day system design flow of 894 gallons per day per ERU to
                       determine peak day ERUs. Anticipated average daily water usage will be
                       divided by 392 gallons per day per ERU to determine average day ERUs
                       (storage ERUs).

                (c)    The SDC paid on or after the effective date of the changes set by this
                       resolution for meters larger than 4 inches may be adjusted based on actual
                       usage. If actual usage is greater than 110% of anticipated volume during a 12
                       month period of time, an additional SDC may be charged, using the same
                       techniques for calculating peak day and storage ERUs and multiplying by the
                       peak day SDC cost per ERU and the storage SDC cost per ERU then in
                       effect.

2.     The SDCs established herein shall be adjusted each year on January 1st, starting on January 1,
2003 by changes in the cost of construction. The change in cost of construction shall be determined
by multiplying the SDCs by the Engineering News Record Construction Cost Index for the Seattle
area, 1913=100 (ENR) for December prior to the year of increase and dividing by the ENR for
December 2001.

3.     The above fee shall be subject to reduction for credits under Klamath Falls City Code Section
3.565.

4.    The interest rate for installment payment under Klamath Falls City Code Section 3.555 shall
be : of the Prime Rate in effect at the time application for installment payment is made.

5.     Interest on installment payments shall be waived for low income, owner-occupied, single-
family residence and for low income rental housing owned, managed, or sponsored by governmental
or non-profit organizations, such as the Klamath Housing Authority, SOCO Development and the
Klamath Tribal Housing Authority.



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                    4. PUBLIC UTILITIES AND SERVICES


GENERAL
4.005     Applicability
4.010     Definitions
4.015     Administration
4.020     Rates, Charges and Fees
4.025     Suspension of Rules
4.030     Plumbing Code
4.035     Notices
4.038     Application for Service
4.040     Billing and Payment
4.050     Delinquent Accounts
4.052     Medical Certificate
4.055     Remedies for Nonpayment
4.060     Extension of Services Outside City

SEWERS
GENERAL
4.100     Purpose and Policy
4.101     Administration
4.102     Definitions
4.103     Abbreviations
4.104     Required Use of Public Sanitary Sewers
4.105     Private Sewage Disposal
4.106     Connection of Building Sewers
4.107     Industrial Use of Public Sewers
4.108     Protection from Damage
4.109     Powers and Authority of Inspectors
4.110     Prohibited Discharge Standards
4.111     National Categorical Pretreatment Standards
4.112     State Requirements
4.113     "Local Limits"/Specific Pollutant Limitations
4.114     City's Right to Revision
4.115     Special Agreement
4.116     Dilution
4.117     Deadline for Compliance with Categorical Standards
4.118     Tenant Responsibility
4.119     Flow and Infiltration
4.120     Pretreatment Facilities
4.121     Additional Pretreatment Measures
4.122     Spill Prevention /Slug Control Plans

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4.123   Separation of Domestic and Industrial Wastewater Streams
4.124   Hauled Wastes
4.125   Grease Interceptors
4.126   Wastewater Survey
4.127   Wastewater Discharge Permit Requirement
4.128   Permitting Existing Connections
4.129   Permitting New Connections
4.130   Permitting Extra-Jurisdictional Industrial Users
4.131   Wastewater Discharge Permit Application Contents
4.133   Wastewater Discharge Permit Decisions
4.134   Wastewater Discharge Permit Duration
4.135   Wastewater Discharge Permit Contents
4.136   Wastewater Discharge Permitting: General Permits
4.137   Wastewater Discharge Permit Appeals
4.138   Wastewater Discharge Permit Modifications
4.139   Wastewater Discharge Permit Transfers
4.140   Wastewater Discharge Permit Revocation
4.141   Wastewater Discharge Permit Reissuance
4.142   Regulation of Wastewater Received from other Jurisdictions
4.143   Baseline Monitoring Reports
4.144   Compliance Schedule Progress Reports
4.145   Reports on Compliance with Categorical Pretreatment Standard Deadline
4.146   Periodic Compliance Reports
4.147   Report of Changed Conditions
4.148   Reports of Potential Problems
4.149   Reports from Unpermitted Users
4.150   Sample Collection
4.151   Analytical Requirements
4.152   Expenses of Monitoring
4.153   Report Transmittals
4.154   Record Keeping
4.155   Notification of Significant Production Change
4.156   Notification of the Discharge of Hazardous Waste
4.157   Inspection and Sampling
4.158   Search Warrants
4.159   Confidential Information
4.160   Publication of Users In Significant Noncompliance
4.161   Violation Process
4.162   Violation of Permit Parameters
4.163   Additional Violation Parameters
4.164   Administrative Orders & Consent Orders
4.165   Show Cause Hearing
4.166   Compliance Orders

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4.167        Cease & Desist Orders
4.168        Administrative Fines
4.169        Emergency Suspensions
4.170        Termination of Permit
4.171        Injunctive Relief
4.172        Civil Penalties
4.173        Criminal Prosecution
4.174        Remedies Nonexclusive
4.175        Performance Bonds
4.176        Liability Insurance
4.177        Water Supply Severance
4.178        Public Nuisance
4.179        Contractor Listing
4.180        Affirmative Defenses
4.181        Affirmative Defense - Upset
4.182        Affirmative Defense - General/Special Prohibitions
4.183        Bypass
4.184        Pretreatment Charges & Fees
4.185        Severability
4.186        Conflicts With Other Ordinances

PRETREATMENT ACT
GENERAL PROVISIONS
4.132     Purpose and Policy
4.134     Abbreviations
4.136     Definitions

REGULATIONS
4.138    General Discharge Prohibitions
4.139    Limitations on Wastewater Strengths
4.141    Notification of Hazardous Waste Discharge
4.142    Accidental Discharges
4.143    Pretreatment of Wastewater



FEES
4.144        Purpose
4.146        Charges and Fees

ADMINISTRATION
4.154     Wastewater Dischargers to Comply with Terms of this Pretreatment Act
4.155     Wastewater Discharge Data Disclosure

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4.156       Reporting Requirements for Discharger
4.158       Monitoring Facilities
4.160       Inspection and Sampling
4.162       Confidential Information
4.164       Signatory Requirements

ENFORCEMENT
4.184    Emergency Suspension of Service and Wastewater Discharge Permit
4.186    Discharger Prohibited Conduct
4.188    Notification of Violation; Administrative Adjustment
4.190    Show Cause Hearing
4.191    Judicial Proceedings
4.192    Enforcement Actions; Annual Publication
4.193    Right of Appeal
4.194    Operating Upsets
4.195    Civil Penalties
4.196    Recovery of Cost Incurred by the City
4.197    Falsifying Information
4.198    General Criminal Penalties
4.199    Affirmative Defenses

WATER
GENERAL
4.205       Title and Scope
4.210       Definitions
4.220       Ownership, Installation and Maintenance
4.225       Service Connection Charge
4.230       Size of Service
4.235       Changes in Service
4.240       Length of Service
4.245       Meters
4.250       Water Rates and Demand and Connection Charges
4.255       Meter Readings
4.260       Discontinue of Service - On Customer Request
4.262       Discontinue of Service - Nonpayment of Bills
4.264       Discontinuance of Service - Improper Customer Facilities
4.266       Discontinuance of Service - Unauthorized Turn On
4.268       Discontinuance of Service - Noncompliance with Provisions
4.270       Discontinuance of Service - Water Waste
4.272       Discontinuance of Service - Service Detrimental to Others
4.275       Restoration of Service
4.280       Access to Property
4.285       Responsibility for Customer Equipment

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4.290        Responsibility for City Equipment
4.295        Damage to City Equipment
4.300        Fire Hydrants
4.305        Fire Protection Service
4.310        Outside City Service
4.315        Limitations on Use
4.320        Meter Accuracy
4.325        Meter Test
4.330        Adjustment of Bills for Meter Error
4.335        Unusual Demands
4.340        Resale of Water
4.345        Abandoned and Nonrevenue-producing Services
4.352        Main Extensions
4.355        Location of Extensions
4.360        Interruptions in Service
4.365        City Ownership of System
4.370        Special Contracts
4.375        Unauthorized Service Extensions
4.380        Easements

WATER CURTAILMENT PLAN
4.390    Definitions
4.391    Application
4.392    Determination of Water Shortage
4.393    Water Curtailment Levels
4.394    Penalties and Discontinuance of Service
4.395    Variances

PUBLIC BUILDING GEOTHERMAL ACT
4.400     Title and Scope
4.402     Definitions
4.404     Service Charges
4.406     Terms and Conditions of Heating Service
4.408     Additional Terms and Conditions

SEWER USER RATE
GENERAL
4.415    Purpose and Policy
4.416    Abbreviations
4.417    Definitions
4.418    Designation of User Classes
4.419    Assessment of Charges
4.420    User Charges

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                                       Klamath Falls City Code



4.421        Sewer Capital Expansion Fund
4.423        O & M Allocation
4.424        Appeal
4.425        Administration and Uniform Appeal and Hearing Procedure
4.426        Enforcement

FRANCHISES
4.505    Special Enabling Ordinances
4.510    Special Franchising Ordinances
4.515    Franchise Required
4.520    Compliance with Franchise

STREET LIGHTING UTILITY ACT
4.700     Title
4.705     Purpose and Intent
4.710     Imposition of Street Lighting Fee
4.715     Collection
4.720     Dedication of Funds
4.725     Exemptions
4.730     Lighting Standards

PENALTIES
4.990     Penalties
4.992     Pretreatment Penalties
4.994     Falsifying Information




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                                               Klamath Falls City Code


4. PUBLIC UTILITIES AND SERVICES


GENERAL

4.005 Applicability. Sections 4.010 to 4.060 shall apply generally to the provisions of Sections
4.015 to 4.990.

4.010 Definitions.
              (1)       The following words and phrases shall mean:
                        Applicant. The person or persons, firm, association, corporation, or other
                legal entity making application for service from the City under the terms of
                Sections 4.005 to 4.405.
                        Customer. An applicant who has been accepted under the terms of the
                provisions of Sections 4.005 to 4.405 and who receives utility service from the
                City.
                (2)     Other terms used herein shall have the same meaning ascribed to them under
the definitional section of the City's Zoning Ordinance, as now or hereafter constituted.

4.015 Administration.
                 (1)      The Public Works Department shall have charge of the maintenance and
operation of the supply, pumping equipment, collection or distribution system, fire hydrants,
meters and all other appurtenances of the water, drainage, sewer and geothermal systems under the
supervision and direction of the City Manager. The Public Works Director shall supervise all
extensions and alterations of the system and shall also be responsible for the reading of all meters.
Subject to the approval of the City Manager, the Director or Public Works is authorized to
promulgate written rules and regulations reasonably necessary to carry out the responsibilities of
this Subsection. Except as otherwise specifically provided for in this Code, the Public Works
Director is hereby authorized to administratively develop, adopt and implement drafting standards,
grading and erosion control standards and policies, and design standards for: stormwater facilities;
wastewater collection, treatment and reclamation facilities; water facilities; geothermal heating
facilities; streets, rights-of-way and other related facilities; electrical, controls, instrumentation,
street lighting and traffic signal facilities; and other public infrastructure facilities over which the
Public Works Director exercises control. Prior to adoption and implementation of those standards,
the Public Works Director shall allow opportunity for public comment and input on the proposed
standards and shall provide notice to the Council not less than thirty (30) days prior to
implementation. [Amended by Ord. No. 02-23, enacted Dec. 17, 2002.]

                (2)    The Finance Division shall be responsible for the collection of water, sewer,
drainage and geothermal bills. All revenues therefrom shall be accounted for in a manner
satisfactory to the Council for other municipal deposits. Subject to the approval of the City
Manager, the Finance Director is authorized to promulgate written rules and regulations reasonably
necessary to carry out the responsibilities of this Subsection.


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                                              Klamath Falls City Code


                 (3)    The City, through its Finance Division, reserves the right to require one (1)
utility account for premises served by two (2) or more City utility services. Such joint accounts
shall be in the name of one customer. The City reserves the right to refuse or discontinue service if
such a requirement is not complied with.
[Amended by Ord. No. 6614, enacted Jan. 16, 1991.]

4.020 Rates, Charges and Fees For City-Operated Utilities.

        (1)    The consumption rates, demand charges, capacity charges and customer charges to
defray administrative costs, all of which may be imposed for City-operated utilities, shall be
established by resolution of the Council and may be revised by resolution of the Council at any
time. Provided, however, that all proposed revisions shall be the subject of a public hearing before
the Council which shall be advertised by published notice in a newspaper of general circulation in
the City on four (4) dates, one (1) week apart, commencing no later than thirty (30) days before the
date of the public hearing.
        2)     Connection charges, service charges and such other utility-related charges and fees
that do not constitute part of the monthly City utility billing amounts may be set and modified by
the City Manager in accordance with the requirements of Section 1.075.
[Amended by Ord. No. 07-09.]

4.025 Suspension of Rules. No employee of the City is authorized to suspend or alter any of the
applicable provisions herein without specific approval or direction of the Council, except in cases
of emergency involving possible loss of life or property or which would place the system operation
in jeopardy.

4.030 Plumbing Code. The customer's plumbing, which shall include the customer's service line
and all plumbing, piping, fixtures and other appurtenances carrying or intended to carry water,
geothermal, sewer, or drainage, shall comply with the plumbing code of the State, as adopted
pursuant to ORS Chapter 447.

4.035 Notices.
               (1)     Notices to customers. Notice from the City to the customer shall be in
writing and either mailed or delivered to the customer at his/her last known address. When
conditions warrant and in emergencies, the City may notify either by telephone or messenger.
               (2)     Notices from customers. Notices from the customer to the City may be
given by the customer or his/her authorized representative in person or in writing at the office of
the Public Works Department in City Hall or to an agent of the City duly authorized to receive
notices or complaints.

4.038 Application for Service.
                (1) Each applicant for City utility service shall sign an application form provided
by the City giving the date of application, location of premises to be served, the date the applicant
desires services to begin, purpose for which service is to be used, the address for mailing the bills

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                                              Klamath Falls City Code


and such other information as the City may reasonably require. In signing the application, the
customer agrees to abide by the provisions of this Chapter applicable to the service requested. The
application is merely a written request for service and does not bind the City to serve.
                (2)     At the time application for service is made, the applicant shall establish
credit with the City.
                        (a)      Any applicant or present customer who has been scheduled for water
                service discontinuance under Sections 4.262 to 4.272, or who has had a City utility
                account turned over to a collection agency shall be required to make a deposit
                double the average monthly usage during the previous 12-month period or a
                minimum of Seventy-Five Dollars ($75.00)at the time of application. No service
                shall be provided until receipt of said deposit. The minimum deposit may from
                time to time be modified by written order of the City Manager. These orders shall
                be filed with the City Council prior to the imposition of any modified deposit, and
                shall be subject to review and revision by the City Council at the request of any one
                Councilperson.
                        (b)      At the time the deposit is given to the City, the applicant will be
                given a receipt for the same. The deposit is not to be considered as a payment on
                account. In the event the service is discontinued, the deposit shall be applied to the
                closing bill, if not paid within fifteen (15) days, and any amount in excess of the
                closing bill shall be refunded. The City will not pay interest on any deposit. After
                the expiration of one (1) year's continuous water service, the deposit shall be
                refunded on written request of the applicant, provided during said time period
                applicant has not been sent three (3) or more delinquent notices under Section
                4.050 nor has had water service discontinued under Sections 4.262 or 4.272.
                        (c)      If an account becomes delinquent and it is necessary to turn off the
                service, the deposit shall be applied to the unpaid balance due in accordance with
                Section 4.040(2). Service will not be restored to that customer at any address until
                Section 4.275 has been complied with and the cash deposit replaced or provided to
                City.
                (3)     An "Unpaid Accounts" file shall be established into which all unpaid utility
accounts shall be placed under the name of the party who actually incurred and owes the unpaid
account. No such party shall be given utility service by the City at any address until that applicant
first pays such old account in full, plus any and all penalties incurred.
                (4)     Customers desiring a material change in the size, character or extent of
equipment or operation which would result in a material change in the amount of service used shall
give the City written notice of such change prior to the change, and the application for service shall
be amended and the applicant shall pay all charges, as established by Sections 4.020, 4.419 or
4.250. Customers desiring a change shall fill out an amended application.
                (5)     The City may refuse to provide service to a person until it receives full
payment of any overdue amount and any other obligation related to a prior account.
                (6) Repealed
[Amended by Ord. No. 6342, enacted June 15, 1981; Amended by Ord. No. 6400, enacted Aug. 2,
1982; Amended by Ord. No. 6562, enacted Jan. 17, 1989; Amended by Ord. No. 6622, enacted


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                                                Klamath Falls City Code


July 17, 1991; Amended by Ord. No. 6634, enacted April 15, 1992; Amended by Ord. No. 97-15,
enacted May 19, 1997; Amended by Ord. No. 03-01, Amended by Ord. No. 03-01.]

4.040 Billing and Payment.
                 (1)    Sewer, water, drainage, street lighting and geothermal service charges may
be billed monthly, bimonthly, or quarterly to the customer and shall be paid at the place and on or
before the due date designated upon the bill.
                 (2)    All payments received on a billing pursuant to Subsection (1) shall be
applied to amounts remaining due and payable on the customer's sewer account; second to the
street lighting account; third to the drainage account; fourth to the geothermal account; and last to
the water account.
                 (3)    The City Manager or his/her designee shall have the authority to resolve
valid customer disputes concerning billings and/or usage (such as leaks beyond the control of the
customer) and to make adjustments in the customers account where necessary.
[Amended by Ord. 6558, enacted Aug. 1, 1988; Amended by Ord. No. 6634, enacted April 15,
1992.]

4.045 [Repealed by Ord. No. 6621, enacted June 17, 1991.]

4.050 Delinquent Accounts.
                (1)     A bill sent pursuant to Section 4.040 is delinquent if not paid within fifteen
(15) days of the billing date. If a bill is not paid by the due date designated on the bill, a delinquent
notice shall be mailed to the customers. If the bill is not paid in full within seven (7) days of the
mailing of a delinquent notice, water service may be discontinued by the City. In the event it is a
sewer only account, sewer service may be physically disconnected in the public right-of-way,
provided certified notice has been given to the customer.
                (2)     Customers shall be notified of and have the opportunity to be heard by a
City official or employee empowered to resolve any valid objections to the billing prior to the
disconnection.
                (3)     In cases of extreme hardship, the Finance Division shall have the discretion
of renewing service to a delinquent account upon receipt of a satisfactory installment plan for the
payment of the overdue amount, said installment period not to exceed the period of time the
account was delinquent. When the extreme hardship is due to incapacitating illness, the Finance
Division shall, upon confirmation by the treating physician,
renew service and defer the customer's obligation to make payments on the account until such time
as the customer is able to resume income-producing activities.
                (4)     Sewer service which has been physically disconnected shall only be
reinstated upon payment of all costs related to the disconnection and re-connection in addition to
payment of all delinquent charges.
[Amended by Ord. No. 6562, enacted Jan. 17, 1989; Amended by Ord. No. 93-8, enacted June 16,
1993.]




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                                             Klamath Falls City Code



4.052 Medical Certificate.
                 (1) The City shall not disconnect residential service if the customer submits
certification from a licensed physician stating that disconnection would significantly endanger the
physical health of the customer or a member of the customer's household.
                 (2) An oral certification must be confirmed in writing within ten (10) days by the
physician prescribing medical care. Written certifications must include:
                         (a)     The name of the person to whom the certificate applies and the
                 relationship to the customer;
                         (b)     A complete description of the health conditions;

                         (c)      An explanation how the health of the person will be significantly
                 endangered by the termination of service;
                         (d)      A statement indicating how long the health condition is expected to
                 last; and
                         (e)      The signature of the physician prescribing medical care.
                 (3)     If a medical certificate is not submitted in compliance with Sections (1) and
(2) of this Section, the City may disconnect service after providing a seventy-two (72) hour notice
to the customer.
                 (4)     A medical certificate shall be valid only for the length of time the health
endangerment is certified to exist, but no longer than six (6) months without renewal.
                 (5)     (a)      A customer submitting a medical certificate is not excused from
paying for utility service. Customers are required to enter into a time-payment agreement with the
City where an overdue balance exists.
                         (b)      Where financial hardship can be shown, a customer with a health
certificate shall be permitted to renegotiate the terms of a time-payment agreement with the City.
                 (6)     If the customer who has submitted a medical certificate fails to abide by the
terms of a time-payment agreement, or refuses to enter into such an agreement, the City may
disconnect service to the customer.
[Added by Ord. No. 6622, enacted July 17, 1991.]

4.055 Remedies for Nonpayment. If the charges provided for herein are not paid when due, the
amount thereof, with any delinquency charges, may be recovered from the customer, in any court
of competent jurisdiction, and the City shall be allowed, as costs, a reasonable a amount to be fixed
by the Court as attorney's fees for the prosecution of the action.
[Amended by Ord. No. 6621, enacted June 17, 1991.]

4.060 Extension of Services Outside City.
                (1)     Extension of services outside the City shall be at the discretion of the City
Council. The City Council reserves the right to refuse, or to contract for, such extensions upon
terms beneficial to the City. Contracts for the extension of services may be made conditional upon
the applicant's consent to annexation.



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                                             Klamath Falls City Code



                (2)     The Health Hazard Abatement Law shall not be applied to the City to
require that the City extend services to or annex lands outside the City limits. The City Council
may, by resolution, waive this limitation upon finding, following a public hearing, that:
                        (a)     the proposed annexation and extension of services would be in the
best interests of the City residents; and
                        (b)     adequate funding exists through grants and/or the financial resources
of the area to be annexed to pay the full cost of the services to be extended.
[Amended by Ord. No. 93-3, enacted March 2, 1993.]




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                                        Klamath Falls City Code



SEWERS

GENERAL


4.100 Purpose and Policy

      (1)   City Code Sections 4.100 through 4.186, hereinafter referred to as “Sewer Use
            Ordinance,” set forth uniform requirements for Users of the Publicly Owned
            Treatment Works (POTW) for the City of Klamath Falls and enables the City to
            comply with all applicable State and Federal laws including the Clean Water Act
            (Act, 33 U.S.C. 1251 et seq.), the General Pretreatment Regulations (40 CFR Part
            403) and Oregon Administrative Rules (OAR) Chapter 340. The objectives of the
            Sewer Use Ordinance are:

            (a)    To prevent the introduction of Pollutants into the POTW that will interfere
                   with the operation of the POTW;

            (b)    To prevent the introduction of Pollutants into the POTW that will be
                   conveyed through the POTW, inadequately treated, into receiving waters or
                   the atmosphere or that will otherwise be incompatible with the POTW;

            (c)    To protect both POTW personnel, who may be affected by Wastewater and
                   sludge in the course of their employment, and the general public;

            (d)    To preserve the hydraulic capacity of the POTW;

            (e)    To promote the reuse and recycling of Wastewater and sludge from the
                   POTW;

            (f)    To provide for equitable distribution of the cost of operation, maintenance
                   and improvements of the POTW; and

            (h)    To ensure the City complies with its NPDES permit conditions, sludge use
                   and disposal requirements and any other Federal or State laws to which the
                   POTW is subject.

      (2)   The Sewer Use Ordinance shall apply to all Users and Domestic Users of the
            POTW. It authorizes the issuance of individual and general Wastewater Discharge
            Permits, provides for monitoring, compliance and enforcement activities,
            establishes administrative review procedures, requires User reporting, and provides
            for the setting of fees for the equitable distribution of costs resulting from the
            program established herein.



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                                            Klamath Falls City Code



       (3)     The Sewer Use Ordinance is gender neutral and the masculine gender shall include
               the feminine and vice versa. Shall is mandatory; may is permissive or
               discretionary. The use of the singular shall be construed to include the plural and
               the plural shall include the singular as indicated by the context of its use.

4.101 Administration

Except as otherwise provided herein, the Division Manager shall administer, implement and
enforce the provisions of the Sewer Use Ordinance. Any powers granted to or duties imposed
herein upon the Division Manager in this Ordinance may be delegated to other duly authorized
City personnel.

4.102 Definitions

Unless a provision explicitly states otherwise, the following terms and phrases, as used in the
Sewer Use Ordinance shall have the meanings hereinafter designated.

Act or "the Act". The Federal Water Pollution Control Act, also known as the Clean Water
Act, as amended, 33 U.S.C.1251 et seq.

Approval Authority. The Oregon Department of Environmental Quality (DEQ)

Authorized Representative of the Industrial User.

       (1)     If the Industrial User is a corporation, Authorized Representative shall mean:

               (a)    a president, secretary, treasurer, or vice-president of the corporation in
                      charge of a principal business function, or any other individual who
                      performs similar policy- or decision-making functions for the corporation;
                      or

               (b)    the manager of one or more manufacturing, production, or operating
                      facilities, provided, the manager: is authorized to make management
                      decisions which govern the operation of the regulated facility including
                      having the explicit or implicit duty of making major capital investment
                      recommendations, and to initiate and direct other comprehensive measures
                      to assure long-term environmental compliance with environmental laws and
                      regulations; can ensure that the necessary systems are established or actions
                      taken to gather complete and accurate information for control mechanism
                      requirements; and has been assigned or delegated authority to sign
                      documents in accordance with corporate procedures.

       (2)     If the Industrial User is a partnership, association, or sole proprietorship,
               Authorized Representative shall mean the general partner, managing partner or


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                                           Klamath Falls City Code



               other highest responsible partner in the partnership, or highest responsible Person
               in the association, or the proprietor, respectively:

       (3)     If the Industrial User is a Federal, State or local government, Authorized
               Representative shall mean: the highest official appointed or designated to oversee
               the operation and performance of the activities of the governmental body.

       (4)     The individuals described in subsections (1) through (3) above may designate
               another duly Authorized Representative if the authorization is in writing, the
               authorization specifies the individual or position responsible for the overall
               operation of the facility from which the Discharge originates or having overall
               responsibility for environmental matters for the company, and the authorization is
               submitted to the City.

Best Management Practice (BMP). BMPs are a schedule of activities, prohibitions of
practices, maintenance procedures, and other management practices to implement the
prohibitions listed in Sections 4.110 (1) and (2) [40 CFR 403.5(a)(1) and (b). BMPs also
include Treatment or Pretreatment Requirements and Standards, operating procedures, and
practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage
from raw materials storage. BMPs may also include alternative means of complying with, or in
place of certain established Categorical Pretreatment Standards and effluent limits (e.g.,
management plans).

Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure, five (5) days at 20o centigrade
usually expressed as a concentration (milligrams per liter mg/l).

Building Sewer. A sewer conveying Wastewater from the premises of a User to the POTW.

Categorical Pretreatment Standard or Categorical Standard. Any regulation containing
Pollutant Discharge limits promulgated by the EPA in accordance with Section 307 (b) and (c)
of the Act (33 U.S.C. 1317) which applies to a specific category of Industrial Users and which
appears in 40 CFR Chapter I, Subchapter N, Parts 405-471, incorporated herein by reference.

City. The City of Klamath Falls, Oregon, a municipal corporation of the State of Oregon,
acting through its Council or any board, committee, body, official, or Person to whom the
Council shall have lawfully delegated the power to act for or on behalf of the City.

Color. The optical density at the visual wave length of maximum absorption, relative to
distilled water. One hundred percent (100%) transmittance is equivalent to zero (0.0) optical
density.

Composite Sample. The sample resulting from the combination of individual Wastewater
samples taken at selected intervals based on either an increment of flow or time.


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                                           Klamath Falls City Code



Control Authority. The term "Control Authority" shall mean the City.

Continuing Violation. A Violation that occurs for more than one day.

Cooling Water. The water discharged from any use such as air conditioning, cooling or
refrigeration, to which the only Pollutant added is heat.

Department of Environmental Quality or DEQ. The Oregon Department of Environmental
Quality or where appropriate, the term may also be used as a designation for the Director of the
Department or other duly authorized official of the Department.

Daily Discharges. The Discharge of pollutants in a 24 hour period to the POTW.

Daily Maximum. The highest (most extreme) sample collected over a 24 hour period.

Director or Public Works Director. The City Public Works Director or his or her duly
authorized designee.

Discharge, Discharges, or Discharged. The introduction of Pollutants into the POTW from any
non-domestic source regulated under Section 307 (b), (c) or (d), of the Act.

Division Manager. The individual designated by the City to supervise the operation of the
POTW and who is charged with certain duties and responsibilities by the Sewer Use
Ordinance, or his or her duly authorized representative.

Domestic User, or Residential User. Any person who contributes, causes, or allows the
contribution of wastewater into the POTW that is of a similar volume and/or chemical make-up
to that of a residential dwelling unit. Discharges from a residential dwelling unit typically
include up to 100 gallons per capita per day, 0.2 pounds of BOD per capita per day, and 0.17
pounds of TSS per capita per day.

Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency or,
where appropriate, the term may also be used as a designation for the Regional Water
Management Division Director or other duly authorized official of said agency.

Existing Source. Any source of Discharge, the construction or operation of which commenced
prior to the publication of proposed Categorical Pretreatment Standards under section 307 (b)
and (c) (33 U.S.C. 1317) of the Act which will be applicable to such source if the standard is
thereafter promulgated in accordance with Section 307 of the Act.

Grab Sample. A sample which is taken from a wastestream on a one-time basis without regard
to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.

Hauled Waste. Any waste trucked or hauled, including septic tank waste and non-septic waste
with hazardous characteristics.

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                                            Klamath Falls City Code



Indirect Discharge (See also "Discharge"). The introduction of Pollutants into the POTW from
any non-domestic source regulated under Section 307(b), (c), or (d) of the Act.

Industrial User, or User. Any Person which is a source of Discharge or Indirect Discharge, or
any Person who otherwise contributes, or causes or allows the contribution of Industrial
Wastewater into the POTW, including Persons who contribute such wastes from mobile
sources.

Industrial Wastewater. A non-domestic Wastewater originating from an Indirect Discharge.

Infiltration. Any water other than Wastewater which enters the Sewage Treatment System
(including service connections) from the ground, typically from broken pipes, defective joints
in pipes and manhole walls.

Inflow. Any water from storm water runoff which directly enters the Sewage POTW during or
immediately after rainfall. Typical points of entry include, but are not limited to, connections
with roof and area drains, storm drain connections, holes in manhole covers in flooded streets,
Cooling Water Discharges, catch basins, and drainage from springs and swampy areas.

Interceptor. A device designed and installed so as to adjust, separate and retain deleterious,
hazardous or undesirable matter from Wastewater and to permit normal Sewage or liquid
wastes to Discharge from the User’s premises into the POTW.

Interference. A Discharge which, alone or in conjunction with a Discharge or Discharges from
other sources, both:

       Inhibits or disrupts the POTW, its Treatment processes or operations, or its sludge
       processes, use or disposal; and

       Is a cause of a Violation of any requirements of the City’s NPDES Wastewater Permit
       (including an increase in the magnitude or duration of a Violation) or of the prevention
       of Sewage sludge use or disposal in compliance with the following statutory provisions
       and regulations, or permits issued thereunder, or any more stringent State or local
       regulations: Section 405 of the Clean Water Act, the Solid Waste Disposal Act
       (SWDA) including Title II, more commonly referred to as the Resource Conservation
       and Recovery Act (RCRA), and including State regulations contained in any State
       sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air
       Act, the Toxic Substances Control Act, and the Marine Protection research and
       Sanctuaries Act.

Local Limits. Enforceable local requirements developed by POTWs to address federal
Standards as well as State and local regulations. Local Limits apply only to Significant
Industrial Users (SIUs) as defined by the City.



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                                            Klamath Falls City Code



Maximum Daily Allowable or Daily Maximum Limits. The Maximum Daily Allowable
Discharge limit of any Pollutant during a calendar day.

Medical Waste. Isolation wastes, infectious agents, human blood and blood byproducts,
pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
Monthly Average Allowable. The highest allowable average of the Daily Discharges in a calendar
month, which is calculated as the sum of all the Daily Discharges measured during that month,
divided by the number of Daily Discharges taken during the month.

National Pretreatment Standard. National Pretreatment Standard is defined in 40 CFR 403.3 (j)
as any regulation containing Pollutant Discharge limits promulgated by EPA under Section 307
(b) and (c) of the Clean Water Act applicable to Industrial Users, including the general and
specific prohibition found in 40 CFR 403.5.

New Source.

       (1)    Any building, structure, facility or installation from which there is or may be a
              Discharge of Pollutants, the construction of which commenced after the publication
              of proposed Pretreatment Standards under Section 307 (c) of the Act which will be
              applicable to such source if such Standards are thereafter promulgated in
              accordance with that section, provided that:

              (a)     The building, structure, facility or installation is constructed at a site at
                      which no other source is located; or

              (b)     The building, structure, facility or installation completely replaces the
                      process or production equipment that causes a Discharge at an Existing
                      Source; or

              (c)     The production or Wastewater generating processes of the building,
                      structure, facility or installation are substantially independent of an Existing
                      Source at the same site in determining whether these are substantially
                      independent, factors such as the extent to which the new facility is
                      integrated with the existing plant, and the extent to which the new facility is
                      engaged in the same general type of activity as the Existing Source should
                      be considered.

       (2)    Construction on a site at which an Existing Source is located results in a
              modification rather than a New Source if the construction does not create a new
              building, structure, facility or installation meeting the criteria of paragraphs (1)(a),
              (1)(b), or (1)(c) of this Section but otherwise alters, replaces, or adds to existing
              process or production equipment.



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       (3)     Construction of a New Source as defined under this paragraph has commenced if
               the owner or operator:

               (a)     Has begun, or caused to begin as part of a continuous on-site construction
                       program:

                       (i)     Any placement, assembly, or installation of facilities or equipment;
                               or

                       (ii)    Significant site preparation work including clearing, excavation, or
                               removal of existing buildings, structures, or facilities which is
                               necessary for the placement, assembly, or installation of New
                               Sources facilities or equipment; or

               (b)     Has entered into a binding contractual obligation for the purchase of
                       facilities or equipment which are intended to be used in its operation within
                       a reasonable time. Options to purchase or contacts which can be terminated
                       or modified without substantial loss, and contracts for feasibility,
                       engineering, and design studies do not constitute a contractual obligation
                       under this paragraph.

Non-Contact Cooling Water. Water used for cooling that does not come in direct contact with
any raw material, intermediate product, waste product, or finished product.

Pass Through. A Discharge which exits the Treatment Plant Effluent into waters of the U.S. in
quantities or concentrations which, alone or in conjunction with a Discharge or Discharges
from other sources, is a cause of a Violation of any requirement of the City's NPDES (including
an increase in the magnitude or duration of a Violation).

Person. Any individual, partnership, Co-partnership, firm, company, corporation, association,
joint stock company, trust, estate, governmental entity or any other legal entity, or their legal
representatives, agents or assigns. This definition includes all Federal, State, or local
governmental entities.

pH. The logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in
moles per liter of solution.

Pollutant. Any dredged spoil, solid waste, incinerator residue, filter backwash, Sewage,
garbage, Sewage sludge, munitions, Medical Wastes, chemical wastes, industrial wastes,
biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand,
cellar dirt and agricultural wastes, anything that contaminates and certain characteristics of
Wastewater (e.g., pH, temperature, TSS, turbidity, Color, BOD, COD, toxicity or odor)..

Pretreatment, or Treatment. The reduction of the amount of Pollutants, the elimination of
Pollutants, or the alteration of the nature of Pollutant properties in Wastewater prior to or in

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lieu of introducing such Pollutants into the POTW. This reduction or alteration may be
obtained by physical, chemical or biological processes, by process changes or by other means.

Pretreatment Requirement. Any substantive or procedural requirements related to
Pretreatment, other than National Pretreatment Standards, imposed on an Industrial User.

Pretreatment Standards, or Standards. Prohibited Discharge Standards, Categorical
Pretreatment Standards, and Local Limits established for Discharges.

Prohibited Discharge Standard, or Prohibited Discharges. Absolute prohibitions against the
Discharge of certain types or characteristics of Wastewater as established by EPA, DEQ and/or
the Division Manager.

Publicly Owned Treatment Works, or POTW. A Treatment works, as defined by Section 212
of the Act (33 U.S.C. 1292), which is owned by the City. This definition includes any devices
or systems used in the collection, storage, Treatment, recycling, and reclamation of Sewage or
industrial wastes of a liquid nature and any conveyances which convey Wastewater to a
Treatment Plant

Public Sewer, Public Sanitary Sewer, and Public Stormwater Sewer. A Sewer owned and
operated by the City of Klamath Falls.

Public Works Director, or Director. The City Public Works Director or his or her duly
authorized designee.

Receiving Stream, or Waters of the State. All streams, lakes, ponds, marshes, watercourses,
waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all
other bodies or accumulations of water, surface or underground, natural or artificial, public or
private, which are contained within, flow through, or border upon the State or any portion
thereof.

Residential User, or Domestic User. Any person who contributes, causes, or allows the
contribution of wastewater into the POTW that is of a similar volume and/or chemical make-up
to that of a residential dwelling unit. Discharges from a residential dwelling unit typically
include up to 100 gallons per capita per day, 0.2 pounds of BOD per capita per day, and 0.17
pounds of TSS per capita per day.

Sewage. Human excrement and gray water (household showers, dish washing operations, etc.)

Sewer. Any pipe, conduit, ditch, or other device used to collect and transport sewage or storm
water from the generating source.

Significant Industrial User, or SIU.

Except as provided in paragraphs (3) and (4) of this definition, a Significant Industrial User is:

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       (1)    An Industrial User subject to Categorical Pretreatment Standards.

       (2)    An Industrial User that:

              (a)    Discharges an average of twenty-five thousand (25,000) gpd or more of
                     process Wastewater to the POTW (excluding sanitary, non-contact cooling,
                     and boiler blowdown Wastewater); or

              (b)    Contributes a process waste stream which makes up five (5) percent or
                     more of the average dry weather hydraulic or organic capacity of the
                     POTW Treatment Plant; or

              (c)    Is designated as such by the City on the basis that it has a reasonable
                     potential for adversely affecting the POTW’s operation or for violating any
                     Pretreatment Standard or Requirement.

       (3)    The City may determine that an Industrial User subject to Categorical Pretreatment
              Standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N is a Non-
              Significant Categorical Industrial User rather than a Significant Industrial User on a
              finding that the Industrial User never Discharges more than 100 gallons per day
              (gpd) of total Categorical Wastewater (excluding sanitary, non-contact cooling and
              boiler blowdown Wastewater, unless specifically included in the Pretreatment
              Standard) and the following conditions are met:

              (a)    The Industrial User, prior to the City finding, has consistently complied
                     with all applicable Categorical Pretreatment Standards and Requirements;

              (b)    The Industrial User annually submits the certification statement required in
                     Section 4.132(5) together with any additional information necessary to
                     support the certification statement; and

              (c)    The Industrial User never Discharges any untreated concentrated
                     Wastewater.

       (4)    Upon a finding that a User meeting the criteria in Subsection (2) of this Section has
              no reasonable potential for adversely affecting the POTWs operation or for
              violating any applicable Pretreatment Standard or Requirement, the City may at any
              time, on its own initiative or in response to a petition received from a User and in
              accordance with procedures established according to 40 CFR 403.8(f)(6) determine
              that such User should not be considered a Significant Industrial User

Spill Prevention/Slug Control Plan, or SP/SCP A plan prepared in accordance with Section
4.122, by the User which provides protection for the POTW from accidental or intentional
Discharges of materials which may cause Interference Pass Through, worker health or safety
problems, or damage to the POTW.

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Slug or Slug Discharge. Any Discharge at a flow rate or concentration, which could cause a
Violation of the Prohibited Discharge standards in Section 4.110 of this ordinance. A Slug
Discharge is any Discharge of a Pollutant (including BOD) released in a non-routine, episodic
nature, including but not limited to an accidental spill, or non-customary batch Discharge
which has a reasonable potential to cause a Interference or Pass Through, or in any other way
violate the City’s regulations, Local Limits or permit conditions.

Standards, or Pretreatment Standards. Means the Prohibited Discharge Standards, Categorical
Pretreatment Standards, and Local Limits established for Discharges.

State. State of Oregon

Stormwater. Any flow occurring during or following any form of natural precipitation and
resulting therefrom, including snow melt.

Total Suspended Solids or Suspended Solids (TSS). The total suspended matter that floats on
the surface of, or is suspended in, water, Wastewater, or other liquid, and which is removable
by laboratory filtering.

Toxic Pollutant One of the Pollutants or combination of those Pollutants listed as toxic in
regulations promulgated by the Environmental Protection Agency under the provision of
Section 307 (33 U.S.C. 1317) of the Act.

Treatment Plant. That portion of the POTW designed to provide Treatment of Sewage and
industrial waste.

Treatment Plant Effluent. Any Discharge of Pollutants from the POTW into Waters of the
State.

User, Users, or Industrial User. Any Person which is a source of Discharge or Indirect
Discharge, or any Person who otherwise contributes, or causes or allows the contribution of
Industrial Wastewater into the POTW, including Persons who contribute such wastes from
mobile sources.

Violation. A Violation shall have occurred: when any Requirement of the Sewer Use
Ordinance has not been met; or when a written request of the Division Manager, made under
the authority of the Sewer Use Ordinance, is not met within the specified time; or when a
condition of a permit or contract issued under the authority of the Sewer Use Ordinance is not
met within the specified time; or when permitted effluent limitations are exceeded, regardless
of intent or accident; or when false information has been provided by a Person who Discharges.
Every day a Violation occurs is a separate and distinct Violation.

Wastewater. The liquid and water-carried industrial wastes, or Sewage from residential
dwellings, commercial buildings, industrial and manufacturing facilities, and institutions,
whether treated or untreated, which is contributed to the POTW.

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Wastewater Discharge Permit, Discharge Permit. A control mechanism issued under the
authority of this Sewer Use Ordinance to industrial dischargers which prescribes certain
Discharge Requirements and limitations.

Waters of the State, or Receiving Stream. All streams, lakes, ponds, marshes, watercourses,
waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all
other bodies or accumulations of water, surface or underground, natural or artificial, public or
private, which are contained within, flow through, or border upon the State or any portion
thereof.

4.103 Abbreviations

The following abbreviations shall have the designated meanings:
       BMP           Best Management Practice
       BMR           Baseline Monitoring Report
       BOD           Biochemical Oxygen Demand
       CFR           Code of Federal Regulations
       CIU           Categorical Industrial User
       COD           Chemical Oxygen Demand
       DEQ           Oregon Department of Environmental Quality
       EPA           U.S. Environmental Protection Agency
       FOG           Fats, oils and greases
       gpd           Gallons Per Day
       LC50          Lethal Concentration for Fifty Percent (50%) of the Test Organisms
       l             Liter
       mg            Milligrams
       mg/l          Milligrams per liter
       NPDES         National Pollutant Discharge Elimination System
       NSCIU         Non-Significant Categorical Industrial User
       O&M           Operation and Maintenance
       POTW Publicly Owned Treatment Works
       RCRA          Resource Conservation and Recovery Act
       SIC           Standard Industrial Classification
       SIU           Significant Industrial User
       SNC           Significant Non-Compliance
       su            Standard units
       SWDA Solid Waste Disposal Act (42 U.S.C. 6901, et seq.
       TSS           Total Suspended Solids
       U.S.C.        United States Code

4.104 Required use of Public Sanitary Sewers.

       (1)     It shall be unlawful to Discharge to any natural outlet, sanitary sewer or storm
               drainage system within the City, or in any area under the jurisdiction of the City,

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             any Sewage or other polluted waters, except where suitable Treatment has been
             provided in accordance with other provisions of the Sewer Use Ordinance.

      (2)    Except as hereinafter provided, it shall be unlawful to construct or maintain any
             privy, privy vault, septic tank, cesspool, or other facility intended or used for the
             disposal of Sewage.

      (3)    The Person in control of any house, building, or property used for human
             occupancy, employment, recreation, or other purposes, situated within the City and
             abutting on any street, alley, or right-of-way in which there is now located or may
             in the future be located a public sanitary or combined sewer of the City, is hereby
             required at his/her expense to install suitable toilet facilities therein, and to connect
             such facilities directly with the proper Public Sewer in accordance with the
             provisions of the Sewer Use Ordinance, within ninety (90) days after date of
             official notice to do so, provided that said Public Sewer is within two hundred
             (200) feet (60 meters) of the property line and/or at the distance(s) defined in OAR
             340-071-0160(4)(f)(A)&(B).

4.105 Private Sewage Disposal.

      (1)    Where a public sanitary sewer is not available under the provisions of Section
             4.104, the Building Sewer shall be connected to a private Sewage disposal system
             complying with those requirements set by the DEQ and Klamath County.

      (2)    Before commencement of construction of a private Sewage disposal system, the
             Person in control of the premises shall first obtain a written permit from the DEQ.

      (3)    At such time as a Public Sewer becomes available to a property served by a private
             Sewage disposal system as provided in Section 4.104, a direct connection shall be
             made to the public sewer in compliance with the Sewer Use Ordinance, and any
             septic tanks, cesspools, and similar private Sewage disposal facility shall be
             abandoned in accordance with State law at no expense to the City.

      (4)    The Person in control of the premises shall operate and maintain the private
             Sewage disposal facilities in a sanitary manner at all times at no expense to the
             City;

      (5)    No statement contained in this article shall be construed to interfere with any
             additional Requirements that may be imposed by the DEQ.

4.106 Connection of Building Sewers.

      (1)    No unauthorized Person shall uncover, make any connections with or opening into,
             use, alter, or disturb any Public Sewer or appurtenance thereof without first


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      obtaining a written permit from the Director or authorization from any other duly
      authorized employee of the City.

(2)   There shall be two (2) classes of Building Sewer permits:

      (a)    For residential and commercial service; and

      (b)    For service to establishments producing industrial wastes. In either case, the
             Person in control of the premises shall make application on a special form
             furnished by the City. The permit application shall be supplemented by any
             plans, specifications, or other information considered pertinent in the
             judgment of the Director. A permit and inspection fee for each class shall
             be established by resolution and shall be paid to the City at the time the
             application is filed.

(3)   All costs and expense incident to the installation and connection of the Building
      Sewer shall be borne by the Person in control of the premises. The Person in
      control of the premises shall indemnify the City from any loss or damage that may
      directly or indirectly be occasioned by the installation of the Building Sewer.

(4)   A separate and independent Building Sewer shall be provided for every building;
      provided, however, where one building stands at the rear of another on an interior
      lot and no private sewer is available or can be constructed to the rear of the front
      building, the Building Sewer from the front building may be extended to the rear
      building and the whole considered as one Building Sewer.

(5)   Old Building Sewers may be used in connection with new buildings only when they
      are found, on examination and test by the Director, to meet the requirements of the
      Sewer Use Ordinance.

(6)   The size, slope, alignment, materials of construction of a Building Sewer, and the
      methods to be used in excavating, placing of the pipe, jointing, testing, and
      backfilling the trench, shall all conform to the requirements of the State Building
      Code and Plumbing Code or other applicable rules and regulations of the City. In
      the absence of code provisions or in amplification thereof, the materials and
      procedures set forth in appropriate specifications of the A.S.T.M. (American
      Standards for Testing Materials) and W.P.C.F. (Water Pollution Control
      Federation) Manual of Practice No. 9 shall apply.

(7)   Whenever possible, the Building Sewer shall be brought to the building at an
      elevation below the basement floor. In all buildings in which any building drain is
      too low to permit gravity flow to the public sewer, sanitary Sewage carried by such
      building drain shall be lifted by an approved means and Discharged to the Building



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             Sewer. City Code Backflow prevention for basements shall be provided in a vault,
             allowing for inspection and maintenance.

      (8)    No Person shall make connection of roof downspouts, exterior foundation drains,
             areaway drains, or other sources of surface runoff or groundwater to a Building
             Sewer or building drain which in turn is connected directly or indirectly to a public
             sanitary sewer.

      (9)    The connection of the Building Sewer into the public sewer shall conform to the
             requirements of the State Building Code and Plumbing Code, other applicable rules
             and regulations of the City, as well as the procedures set forth in applicable
             specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such
             connections shall be made gastight and watertight. Any deviation from the
             prescribed procedures and materials must be approved by the Director or his
             representative, in compliance with the State plumbing inspector.

      (10)   The applicant for the Building Sewer permit shall notify the Director when the
             Building Sewer is ready for inspection and connection to the Public Sanitary
             Sewer. The connection shall be made under the supervision of the Director or his
             representative, in compliance with the State plumbing inspector.

      (11)   All excavations for Building Sewer installation shall be adequately guarded with
             barricades and lights so as to protect the public from hazard. Streets, sidewalks,
             parkways, and other public property disturbed in the course of the work shall be
             restored in a manner satisfactory to the City. Any person performing Building
             Sewer work within any street, alley, roadway or right-of-way shall obtain a Site
             Construction Permit from the City as provided in Sections 8.500 through 8.545 of
             this Code.

4.107 Industrial Use of Public Sewers.

      (1)    No Person shall Discharge or cause to be Discharged any Stormwater, surface
             water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling or
             heating water, or industrial process waters not containing pollutants to any public
             sanitary sewer unless specifically authorized by the Director.

      (2)    Storm water and all other drainage not containing pollutants shall be Discharged to
             such sewers as are specifically designated as combined sewers or storm sewers, or
             to a natural outlet approved by the Director. Industrial Cooling Water, process
             waters not containing pollutants, or heating water may only be Discharged to a
             public storm sewer or natural outlet, unless specifically authorized by the Director.

      (3)    The Director permits the Pretreatment or equalization of waste flows. The design
             and installation of the plants and equipment shall be subject to the review and


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               approval of the Director, and subject to the requirements of all applicable codes,
               ordinances, and laws.

       (4)     Where preliminary Treatment or flow-equalizing facilities are provided for any
               water or wastes, they shall be maintained continuously per industry standards or
               manufacturer’s recommendations by the Person in control of the premises at his/her
               expense.

       (5)     When required by the Director, the Person in control of the premises serviced by a
               Building Sewer carrying Industrial Wastewater shall install a suitable control
               manhole together with such necessary meters and other appurtenances in the
               Building Sewer to facilitate observation, sampling, and measurement of the wastes.
               Such manhole, when required, shall be accessibly and safely located, and shall be
               constructed in accordance with plans approved by the Director. The manhole shall
               be installed by the owner at his/her expense, and shall be maintained by him/her so
               as to be safe and accessible at all times.

       (6)     No statement contained in this Section shall be construed as preventing any special
               agreement or arrangement between the City and any industrial concern whereby an
               Industrial Wastewater of unusual strength or character may be accepted by the City
               for Treatment, subject to payment therefore, by the industrial concern.

4.108 Protection from Damage.

No unauthorized Person shall maliciously, willfully, or negligently break, damage, destroy,
uncover, deface, or tamper with or prevent access to any structure, appurtenance, or equipment
which is a part of the POTW. Any Person violating this provision shall be subject to immediate
arrest and subject to the criminal sanctions set forth in Section 4.174 and the laws of this State.

4.109 Powers and Authority of Inspectors.

       (1)     The Director and other duly authorized employees of the City bearing proper
               credentials and identification shall be permitted to enter all properties for the
               purposes of inspection, observation, measurement, sampling, and testing in
               accordance with the provisions of the Sewer Use Ordinance.

       (2)     While on private premises pursuant to this Section, the Director or duly authorized
               employees of the City shall observe all safety rules applicable to the premises
               established by the owner or operator of the premises.

       (3)     The Director and other duly authorized employees of the City bearing proper
               credentials and identification shall be permitted to enter all private properties
               pursuant to the provisions of Section 4.157 for the purposes of, but not limited to,
               inspection, observation, measurement, sampling, repair, and maintenance of any
               portion of the public Sewage works.

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4.110 Prohibited Discharge Standards

      (1)   General Prohibitions. No User or Domestic User shall contribute or cause to be
            contributed, directly or indirectly, any Pollutant or Wastewater which will cause
            Interference or Pass Through. These general prohibitions apply to all Users and
            Domestic Users of the POTW whether or not the User/Domestic User is subject to
            Categorical Pretreatment Standards or any other National, State or local
            Pretreatment Standards or Requirements.

      (2)   Specific Prohibitions. No User or Domestic User shall introduce or cause to be
            introduced into the POTW, the following Pollutants, Substances or Wastewaters:

            (a)    Any liquids, solids, or gases which by reason of their nature or quantity are,
                   or may be, sufficient, either alone or by interaction with other substances, to
                   cause fire or explosion or be injurious in any other way to the POTW,.
                   Included in this prohibition are waste streams with a closed cup flash point
                   of less than 140o F (60o C) using the test methods prescribed in 40 CFR
                   261.21.

            (b)    Solid or viscous substances in amounts which will cause Interference with
                   the flow in a sewer but in no case solids greater than one half inch (1/2")
                   (1.27 centimeters) in any dimension. . The installation and operation of any
                   garbage grinder in a commercial establishment equipped with a motor of
                   three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject
                   to the review and approval of the Director.

            (c)    Any fat, oils or greases, including but not limited to petroleum oil, non-
                   biodegradable cutting oil, or products of mineral oil origin, in amounts that
                   will cause Interference or Pass Through.

            (d)    Any Wastewater having a pH less than 5.0 su. or more than 12.5 su., or
                   which may otherwise cause corrosive structural damage to the POTW, City
                   personnel or equipment. IU discharge requirements may be more restrictive
                   as specified in their discharge permit.

            (e)    Any Wastewater containing Pollutants (including oxygen demanding
                   pollutants) in sufficient quantity (flow or concentration), either singly or by
                   interaction with other Pollutants, to Pass Through or interfere with the
                   POTW, any Wastewater Treatment or sludge process, or constitute a hazard
                   to humans or animals.

            (f)    Any noxious or malodorous liquids, gases, or solids or other Wastewater
                   which, either singly or by interaction with other wastes, are sufficient to



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      create a public nuisance or hazard to life or are sufficient to prevent entry
      into the sewers for maintenance and repair.

(g)   Any substance which may cause the Treatment Plant Effluent or any other
      residues, sludge, or scum, to be unsuitable for reclamation and reuse or to
      interfere with the reclamation process. In no case, shall a substance be
      Discharged to the POTW cause the City to be in noncompliance with
      sludge use or disposal regulations or permits issued under Section 405 of
      the Act, the Solid Waste Disposal Act, the Clean Air Act, the Toxic
      Substances Control Act, or other State requirements applicable to the
      sludge use and disposal practices being used by the City.

(h)   Any Wastewater which imparts Color which cannot be removed by the
      Treatment process, such as, but not limited to, dye wastes and vegetable
      tanning solutions, which consequently imparts Color to the Treatment
      Plant’s Effluent thereby violating the City's Wastewater NPDES permit.

(i)   Any Wastewater having temperature greater than 150o F (65o C), being
      introduced into the City’s collection system, or which will inhibit biological
      activity in the Treatment Plant resulting in Interference, but in no case
      Wastewater which causes the temperature at the introduction into the
      Treatment Plant to exceed 104o F (40o C).

(j)   Any Wastewater containing any radioactive waste or isotopes except as
      specifically approved by the Division Manager in compliance with
      applicable State and Federal regulations.

(k)   Any Pollutants which result in the presence of toxic gases, vapor or fumes
      within the POTW in a quantity that may cause worker health and safety
      problems.

(l)   Any hauled Pollutants, except at Discharge-points designated by the City in
      accordance with Section 4.124 of the Sewer Use Ordinance.

(m)   Stormwater, surface water, groundwater, artesian well water, roof runoff,
      subsurface drainage, swimming pool drainage, condensate, deionized water,
      Cooling Water and unpolluted Industrial Wastewater, unless specifically
      included in an application for a Wastewater Discharge Permit and
      authorized by the Division Manager.

(n)   Any sludge, screening, or other residues from the Pretreatment of industrial
      wastes.

(o)   Any Medical Wastes, except as specifically authorized by the Division
      Manager in a Wastewater Discharge Permit.

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             (p)    Any material containing ammonia, ammonia salts, or other chelating agents
                    which may produce metallic complexes that may interfere with the POTW,
                    unless specifically included in an application for a Wastewater Discharge
                    Permit and authorized by the Division Manager.

             (q)    Any material identified as hazardous waste according to 40 CFR Part 261
                    except as specifically authorized by the Division Manager.

             (r)    Any Wastewater causing the Treatment Plant Effluent to demonstrate
                    toxicity to test species during a bio-monitoring evaluation.

             (s)    Recognizable portions of the human body or animal anatomy.

             (t)    Any wastes containing detergents, surface active agents, or other substances
                    which may cause excessive foaming in the POTW.

      (3)    Waste prohibited by this section shall not be processed or stored in such a manner
             that the waste could be Discharged to the POTW.

4.111 National Categorical Pretreatment Standards

      (1)    Users subject to Categorical Pretreatment Standards are required to comply with
             applicable Standards set out in 40 CFR Chapter 1, Subchapter N, Parts 405-471 and
             incorporated herein.

             (a)    Where a Categorical Pretreatment Standard is expressed only in terms of
                    either the mass or the concentration of a Pollutant in Wastewater, the
                    Division Manager may impose equivalent concentration or mass limits in
                    accordance with Section 4.111 (1)(e) of this section.

             (b)    When Wastewater subject to a Categorical Pretreatment Standard is mixed
                    with Wastewater not regulated by the same standard, the Division Manager
                    shall impose an alternate limit using the combined wastestream formula in
                    40 CFR 403.6(e).

             (c)    A User may obtain a variance from Categorical Pretreatment Standard if the
                    User can prove, pursuant to the procedural and substantive provisions in 40
                    CFR 403.13, that factors relating to its Discharges are fundamentally
                    different from the factors considered by EPA when developing the
                    Categorical Pretreatment Standard.

             (d)    When the limits in a Categorical Pretreatment Standard are expressed only
                    in terms of mass of Pollutants per unit of production, the Division Manager,
                    may convert the limits to equivalent limitations expressed either as mass of


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      Pollutant Discharged per day or effluent concentrations for purpose of
      calculating effluent limits applicable to individual Industrial Users.

(e)   When a Categorical Pretreatment Standard is expressed only in terms of
      Pollutant concentrations, an Industrial User may request that the City
      convert the limits to equivalent mass limits. The determination to convert
      concentration limits to mass limits is within the discretion of the Division
      Manager. The City may establish equivalent mass limits only if the
      Industrial User meets all the conditions set forth in the following
      paragraphs.

      (i)    To be eligible for equivalent mass limits, the Industrial User must:

             (A)     Employ, or demonstrate that it will employ, water
                     conservation methods and technologies that substantially
                     reduce water use during the term of its individual
                     Wastewater NPDES permit;

             (B)     Currently use control and Treatment technologies adequate
                     to achieve compliance with the applicable Categorical
                     Pretreatment Standard, and not have used dilution as a
                     substitute for Treatment;

             (C)     Provide sufficient information to establish the facility’s
                     actual average daily flow rate for all Wastewater streams,
                     based on data from a continuous effluent flow monitoring
                     device, as well as the facility’s long-term average
                     production rate. Both the actual average daily flow rate and
                     the long-term average production rate must be
                     representative of current operating conditions;

             (D)     Not have daily flow rates, production levels, or Pollutant
                     levels that vary so significantly that equivalent mass limits
                     are not appropriate to control the Discharge; and

             (E)     Have consistently complied with all applicable Categorical
                     Pretreatment Standards during the period prior to the
                     Industrial User’s request for equivalent mass limits.

      (ii)   An Industrial User subject to equivalent mass limits must:

             (A)     Maintain and effectively operate control and Treatment
                     technologies adequate to achieve compliance with the
                     equivalent mass limits;


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              (B)    Continue to record the facility’s flow rates through the use
                     of a continuous effluent flow monitoring device;

              (C)    Continue to record the facility’s production rates and notify
                     the Division Manager whenever production rates are
                     expected to vary by more than 20 percent from its baseline
                     production rates determined in paragraph (1)(e)(iii) of this
                     Section. Upon notification of a revised production rate, the
                     Division Manager will reassess the equivalent mass limit
                     and revise the limit as necessary to reflect changed
                     conditions at the facility; and

              (D)    Continue to employ the same or comparable water
                     conservation methods and technologies as those
                     implemented pursuant to paragraph (1)e)(i)(A) of this
                     Section so long as it Discharges under an equivalent mass
                     limit.

      (iii)   When developing equivalent mass limits, the Division Manager:

              (A)    Will calculate the equivalent mass limit by multiplying the
                     actual average daily flow rate of the regulated process(es) of
                     the Industrial User by the concentration-based Daily
                     Maximum and Monthly Average Standard for the applicable
                     Categorical Pretreatment Standard and the appropriate unit
                     conversion factor;

              (B)    Upon notification of a revised production rate, will reassess
                     the equivalent mass limit and recalculate the limit as
                     necessary to reflect changed conditions at the facility; and

              (C)    May retain the same equivalent mass limit in subsequent
                     individual Wastewater Discharge permit terms if the
                     Industrial User’s actual average daily flow rate was reduced
                     solely as a result of the implementation of water
                     conservation methods and technologies, and the actual
                     average daily flow rates used in the original calculation of
                     the equivalent mass limit were not based on the use of
                     dilution as a substitute for Treatment pursuant to Section
                     4.116. The Industrial User must also be in compliance with
                     Section 4.184 regarding the prohibition of ”Bypass.”

(f)   The Division Manager may convert the mass limits of the Categorical
      Pretreatment Standards of 40 CFR Parts 414, 419, and 455 to concentration


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                     limits for purposes of calculating limitations applicable to individual
                     Industrial Users. The conversion is at the discretion of the Division
                     Manager. When converting such limits to concentration limits, the Division
                     Manager will use the concentrations listed in the applicable subparts of 40
                     CFR Parts 414, 419, and 455 and document that dilution is not being
                     substituted for Treatment as prohibited by Section 4.116 ( 40 CFR
                     403.6(d)). In addition, the Division Manager will document how the
                     equivalent limits were derived for any changes from concentration to mass
                     limits, or vice versa, and make this information publicly available (40 CFR
                     403.6(c)(7)).

              (g)    Once included in its permit, the Industrial User must comply with the
                     equivalent limitations developed in this Section 4.111 in lieu of the
                     promulgated categorical Standards from which the equivalent limitations
                     were derived

              (h)    Many Categorical Pretreatment Standards specify one limit for calculating
                     maximum daily limitations for Discharges and a second limit for
                     calculating maximum Monthly Average, or 4-day average, limitations.
                     Where such Standards are being applied, the same production or flow figure
                     shall be used in calculating both the average and the maximum equivalent
                     limitation.

              (i)    Any Industrial User operating under a permit incorporating equivalent mass
                     or concentration limits calculated from a production-based Standard shall
                     notify the Division Manager within two (2) business days after the
                     Industrial User has a reasonable basis to know that the production level will
                     significantly change within the next calendar month. Any Industrial User
                     not notifying the Division Manager of such anticipated change will be
                     required to meet the mass or concentration limits in its permit that were
                     based on the original estimate of the long term average production rate.

4.112 State Requirements

Users are required to comply with applicable State Pretreatment Standards and Requirements
set out in OAR Chapter 340 and incorporated herein.

4.113 “Local Limits" / Specific Pollutant Limitations

       (1)    No Significant Industrial Users (SIU) shall Discharge into the POTW in excess of
              limitations specified in its Wastewater Discharge Permit or the "Local Limits"
              defined below and which are published by the Division Manager, and adopted by
              City Council through resolution.



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       (2)     The Division Manager shall revise and publish from time to time Standards for
               specific restricted substances defined in the Sewer Use Ordinance as Local Limits.
               The Local Limits will be adopted through resolution by the City Council, shall be
               developed in accordance with 40 CFR Section 403.5 and shall implement the
               objectives of the Sewer Use Ordinance. Local Limits published in accordance with
               this section will be deemed Pretreatment Standards for the purposes of Section 307
               (d) of the Act. At the discretion of the Division Manager, generally applicable or
               permit specific limitations may be imposed in addition to or in place of the
               concentration based limitations. Where an Industrial User is subject to a
               Categorical Pretreatment Standard and a Local Limit for a given Pollutant, the more
               stringent Limit or applicable Pretreatment Standard shall apply.

       (3)     The City may develop Best Management Practices (BMPs) in lieu of numerical
               limitations and incorporate them into Wastewater Discharge Permits.

4.114 City's Right to Revision

The City reserves the right to establish, by ordinance or in Wastewater Discharge Permits,
more stringent limitations or requirements for Discharges to the POTW consistent with State
and federal requirements and the purposes of this Sewer Use Ordinance.

4.115 Special Agreement

The City reserves the right to enter into special agreements with Users setting out special terms
under which the Industrial User may Discharge to the POTW. In no case will a special
agreement waive compliance with a Pretreatment Standard. However, the Industrial User may
request a net gross adjustment to a Categorical Standard in accordance with Section 4.111.
Industrial Users may also request a variance from the Categorical Pretreatment Standard from
EPA. Such a request shall be approved only if the User can prove that factors relating to its
Discharges are fundamentally different from the factors considered by EPA when establishing
that Pretreatment Standard. An Industrial User requesting a fundamentally different factor
variance must comply with the procedural and substantive provisions in Section 4.111 (40 CFR
403.13).

4.116 Dilution

No User shall ever increase the use of process water, or in any way attempt to dilute, its
Discharges as a partial or complete substitute for adequate Treatment to achieve compliance
with a limitation set for Discharges unless expressly authorized by an applicable Pretreatment
Standard, or any other Pollutant-specific limitation developed by the City.

4.117 Deadline for Compliance with Categorical Standards

       (1)     Compliance by Existing Sources with Categorical Pretreatment Standards shall be
               within three (3) years of the date the standard is effective unless a shorter

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               compliance time is specified in the appropriate subpart of 40 CFR Chapter I,
               Subchapter N.

       (2)     New Sources shall install and have in operating condition, and shall start-up all
               pollution control equipment required to meet applicable Pretreatment Standards
               before beginning to Discharge. Within the shortest feasible time (not to exceed 90
               days), New Sources must meet all applicable Pretreatment Standards.

4.118 Tenant Responsibility

Any Person who occupies the User’s or Domestic User’s premises as a tenant under any rental
or lease agreement shall be jointly and severally responsible for compliance with the provisions
of the Sewer Use Ordinance in the same manner as the User or Domestic User.

4.119 Flow and Infiltration

       (1)     All property owners and responsible Users identified by the City as contributors to
               excessive or improper Infiltration or Inflow into the Treatment works shall be
               advised of their Infiltration or Inflow problems. All such properties shall be
               provided a 180-day grace period in which to correct the identified Infiltration and
               Inflow problems, said 180-day grace period to commence from the date of
               notification. By the end of the 180-day grace period, each property owner shall
               notify the City that corrective actions have been taken or are in progress, and
               describe the actions being taken.

       (2)     A property owner failing to notify the City of corrective actions prior to the end of
               the 180-day grace period shall be subject to termination of service without further
               notice, and water service shall be immediately discontinued and shut off until the
               Violations shall have been corrected in accordance with federal, State, and City
               regulations.

       (3)     In the event any instance of excessive Infiltration or Inflow into the Treatment
               works of the City shall continue beyond the 180-day grace period, it is hereby
               declared that such continuing Infiltration or Inflow is a public nuisance, and that the
               Director shall have the right to abate such a public nuisance, to enter upon any
               private property within the City for such a purpose, and to assess the cost of such
               abatement as a lien against the property upon which such Infiltration and/or Inflow
               occurs. The Director shall assess the cost of such abatement to the property from
               which Infiltration and Inflow occurs. An administration fee of $350.00 dollars or
               5% of the cost, whichever is greater, shall be assessed by the Director in addition to
               all cost of abatement. The assessment of all cost shall be levied by the filing of a
               statement of such costs together with the description of the property or properties to
               be assessed and the name of the owner(s) thereof with the City Finance Director.
               The City Finance Director shall enter the assessment as a lien against such property


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               in the Lien Docket of the City. These liens shall be superior and prior to all other
               liens on the subject properties pursuant to City Code Section 3.146.

       (4)     No new connections from Inflow sources into the water pollution control facilities
               shall be permitted without the approval of the Director.

4.120 Pretreatment Facilities

Industrial Users shall provide necessary Wastewater Treatment as required to comply with the
Sewer Use Ordinance and shall achieve compliance with all Categorical Pretreatment
Standards, Local Limits and the prohibitions set out in Section 4.110 above, within the time
limitations specified by the EPA, State or the Division Manager, whichever is more stringent.
Any facilities required to pretreat Wastewater to a level acceptable to the City shall be
provided, operated, and maintained at the Industrial User's expense. Detailed plans describing
such Pretreatment facilities and operating procedures shall be submitted to the City for review,
and shall be acceptable to the City before construction of the facility. The review of such plans
and operating procedures shall in no way relieve the User from the responsibility of modifying
the facility as necessary to produce an acceptable Discharge to the POTW or System under the
provisions of the Sewer Use Ordinance.

4.121 Additional Pretreatment Measures

       (1)     Whenever deemed necessary, the Division Manager may: require Industrial Users
               to restrict the Industrial User's Discharge during peak flow periods, to relocate
               and/or consolidate points of Discharges, or to separate Sewage wastestreams from
               industrial wastestreams; designate that certain Wastewater be Discharged only into
               specific sewers; and impose such other conditions as may be necessary to protect
               the POTW and to determine the Industrial User's compliance with the requirements
               of the Sewer Use Ordinance.

       (2)     Each Person discharging, into the POTW greater than 100,000 gallons per day or
               greater than five percent (5%) of the average daily flow in the POTW, whichever is
               lesser, may be required by the Division Manager to install and maintain, on his
               property and at his expense, a suitable storable and flow control facility to ensure
               equalization of flow over a twenty-four (24) hour period. The facility shall have a
               capacity for at least fifty percent (50%) of the Daily Discharge volume and shall be
               equipped with alarms and a rate of Discharge controller, the regulation of which
               shall be directed by the Division Manager. A Wastewater Discharge Permit may be
               issued solely for flow equalization.

       (3)     Grease, oil and sand Interceptors shall be provided, when, in the opinion of the
               Division Manager, they are necessary for the proper handling of Wastewater
               containing excessive amounts of grease, flammable substances, sand, or other
               harmful substances; except that such Interceptors shall not be required for


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              Residential Users. All Interceptors shall be of type and capacity approved by the
              Division Manager and shall be so located to be easily accessible for cleaning and
              inspection. Such Interceptors shall be inspected, cleaned, and repaired regularly, as
              needed, by the owner, at owner’s expense.

       (4)    Industrial Users with the potential to Discharge flammable substances may be
              required to install and maintain an approved combustible gas detection meter.

4.122 Spill Prevention/Slug Control Plans

The Division Manager shall evaluate whether each SIU needs a Spill Prevention/Slug Control
Plan (SP/SCP) or other action to control Slug Discharges.

       (1)    General provisions. Each Industrial User shall provide protection from accidental
              or intentional Discharges of prohibited materials or other substances regulated by
              the Sewer Use Ordinance, which may interfere with or cause Pass Through to the
              POTW, by developing and implementing a Spill Prevention/Slug Control Plan
              (SP/SCP). If required, facilities necessary to prevent the Discharge of prohibited or
              restricted substances shall be provided and maintained at the User’s cost and
              expense. An SP/SCP showing facilities and operating procedures to provide this
              protection shall be submitted to the City for review and approval before
              implementation of the plan. Review and approval of such plans and operating
              procedures by the City shall not relieve the User from the responsibility to modify
              its facility as necessary to meet the requirements of the Sewer Use Ordinance. The
              SP/SCP shall be available for inspection at the facility during normal business
              hours.

       (2)    Specific provisions. The Director may require any User to develop, submit for
              approval, and implement such a plan. Alternatively, the Director may develop such
              a plan for any User.

       (3)    A Spill Prevention/Slug Control Plan shall address, at a minimum, the following:

              (a)    Description of Discharge practices, including non-routine batch Discharges;

              (b)    Description of stored chemicals;

              (c)    Procedures for immediately notifying the POTW of any accidental or Slug
                     Discharge, as required by Section 4.148 of this chapter; and

              (d)    Procedures to prevent adverse impact from any accidental Spill or Slug
                     Discharge. Such procedures include, but are not limited to: inspection and
                     maintenance of storage areas; handling and transfer of materials; loading
                     and unloading operations; control of plant site runoff; worker training;
                     building of containment structures or equipment; measures for containing

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                      toxic organic Pollutants, including solvents; and/or measures and
                      equipment for emergency response; and

              (e)     Other specific actions as may be required to prevent Slug Discharges.

4.123 Separation of Domestic and Industrial Wastewater streams

All Wastewaters from rest rooms, showers, drinking fountains, etc. unless specifically included
as part of a Categorical Pretreatment Standard, from a New Source Industrial User shall be kept
separate from all Industrial Wastewaters until the Industrial Wastewaters have passed through a
required Pretreatment System and the Industrial User's monitoring facility.

4.124 Hauled Wastes

       (1)    Septic tank waste (septage) will not be accepted into the POTW except at a
              designated receiving structure within the POTW area, and at such times as are
              established by the Division Manager, provided such wastes do not contain toxic or
              hazardous Pollutants, and provided such Discharge does not violate any other
              requirements established by the City. Permits for individual vehicles to use such
              facilities shall be issued by the Division Manager.

       (2)    All waste haulers, regardless of the origin of the Hauled Wastes, shall be
              considered "Industrial Users" for the purposes of the Sewer Use Ordinance and
              required to apply for and obtain a waste hauler permit prior to hauling or
              discharging at a designated location.

       (3)    The Discharge of domestic septage wastes from commercial or industrial sites
              requires prior approval of the Division Manager. The Division Manager shall have
              authority to prohibit the disposal of such wastes, if such disposal would interfere
              with the Treatment Plant operation. Discharges of “Industrial Wastewaters” are
              strictly prohibited.

       (4)    Fees for the Discharge of septage will be established as part of the User fee system
              as authorized in Section 4.184

4.125 Grease Interceptors

       (1)    The City may inspect grease Interceptors (i.e., traps, oil/water separators) to insure
              proper installation and maintenance. Users may be required to reimburse the City
              for cleaning and additional maintenance of public sewer mains due to Discharge of
              grease caused by noncompliance with these rules and regulations.

       (2)    In the event the City, during routine line maintenance, discovers an accumulation of
              grease in a public line sufficient to restrict the normal flow of waste, upstream
              Users shall be inspected. When the City determines which User or Users were

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              responsible for the grease or oil Discharges, the User(s) may be required to cease
              Discharge of the prohibited waste, install an Interceptor, maintain the Interceptor,
              and may be charged for the cost of cleaning the line.

4.126 Wastewater Survey

When requested by the Division Manager all Users must submit information on the nature and
characteristics of their Wastewater by completing a Wastewater survey prior to commencing or
continuing their Discharge. The Division Manager is authorized to prepare a form for this
purpose and may periodically require Industrial Users to update the survey. Failure to complete
this survey shall be considered a Violation of the Sewer Use Ordinance and subjects the User to
the sanctions set out in Section 4.161 through 4.177.

4.127 Wastewater Discharge Permit Requirement

       (1).   It shall be unlawful for Significant Industrial Users to Discharge Wastewater into
              the POTW without first making application for and obtaining a Wastewater
              Discharge permit ("Wastewater Discharge Permit") from the Division Manager as
              required under this Sewer Use Ordinance.

       (2)    The Division Manager may require other non-domestic Users, including liquid
              waste haulers, to obtain Wastewater Discharge Permits as necessary to carry out the
              purposes of the Sewer Use Ordinance.

       (3)    Any Violation of the terms and conditions of a Wastewater Discharge Permit shall
              be deemed a Violation of the Sewer Use Ordinance and subjects the User or
              Industrial User to the sanctions set out in Sections 4.161 through 4.175. Obtaining
              a Wastewater Discharge Permit under the Sewer Use Ordinance does not relieve a
              permittee of its obligation to obtain other permits required by Federal, State or local
              law.

4.128 Permitting Existing Connections

Any Significant Industrial User, without a current industrial Wastewater Discharge Permit,
which Discharges industrial waste into the POTW prior to the effective date of the Sewer Use
Ordinance and who wishes to continue such Discharges in the future, shall, within ninety (90)
days after said date, apply to the City for a Wastewater Discharge Permit in accordance with
Section 4.131 below, and shall not cause or allow Discharges to the POTW to continue after
one hundred eighty (180) days of the effective date of the Sewer Use Ordinance except in
accordance with a permit issued by the Division Manager.

4.129 Permitting New Connections

Any User proposing to begin or recommence discharging industrial wastes into the POTW
must obtain a Wastewater Discharge Permit (individual or general) prior to beginning or

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recommencing such Discharge. An application for this permit, in accordance with Section
4.131, must be filed at least ninety (90) days prior to the anticipated startup date.

4.130 Permitting Extra-Jurisdictional Industrial Users

Any existing Significant Industrial User located beyond the City limits shall submit a permit
application, in accordance with Section 4.131 below, within ninety (90) days of the effective
date of the Sewer Use Ordinance. New Significant Industrial Users located beyond the City
limits shall submit such applications to the Division Manager ninety (90) days prior to any
proposed Discharge into the POTW. Upon review of such application, the Division Manager
may enter into a contract with the Industrial User which requires the Industrial User to subject
itself to and abide by this Sewer Use Ordinance, including all permitting, compliance
monitoring, reporting, and enforcement provisions herein. Alternately, the Division Manager
may enter into an agreement with the neighboring jurisdiction in which the Significant
Industrial User is located to provide for the implementation and enforcement of Pretreatment
Requirements against said User.

4.131 Wastewater Discharge Permit Application Contents

       (1)     All Users required to obtain a Wastewater Discharge Permit must submit a permit
               application. Users that are eligible may request a general permit under Section
               4.136. Categorical Users submitting the following information must have also
               complied with 40 CFR 403.12(b). The Division Manager may require Users to
               submit all or some of the following information as part of a permit application:

               (a)    Identifying Information.

                      (i)     The name and address of the facility, including the name of the
                              operator and owner.

                      (ii)    Contact information, description of activities, facilities, and plant
                              production processes on the premises;

               (b)    Environmental Permits. A list of any environmental control permits held
                      by or for the facility.

               (c)    Description of Operations.

                      (i)     A brief description of the nature, average rate of production
                              (including each product produced by type, amount, processes, and
                              rate of production), and standard industrial classifications of the
                              operation(s) carried out by such User. This description should
                              include a schematic process diagram, which indicates points of
                              Discharge to the POTW from the regulated processes.


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      (ii)    Types of wastes generated, and a list of all raw materials and
              chemicals used or stored at the facility which are, or could
              accidentally or intentionally be, Discharged to the POTW;

      (iii)   Number and type of employees and actual or proposed hours of
              operation,;

      (iv)    Type and amount of raw materials processed (average and
              maximum per day);

      (v)     Site plans, floor plans, mechanical and plumbing plans, and details
              to show all sewers, floor drains, and appurtenances by size,
              location, and elevation, and all points of Discharge;

(d)   Time and duration of Discharges;

(e)   The location for monitoring all Wastewaters covered by the Wastewater
      Discharge Permit ;

(f)   Flow Measurement. Information showing the measured average daily and
      maximum daily flow, in gallons per day, to the POTW from regulated
      process streams and other streams, as necessary, to allow use of the
      combined wastestream formula set out in Section 4.111(1)(b).

(g)   Measurement of Pollutants.

      (i)     The Categorical Pretreatment Standards applicable to each
              regulated process and any new categorically regulated processes for
              Existing Sources.

      (ii)    The results of sampling and analysis identifying the nature and
              concentration, and/or mass, where required by the Standard or by
              the Division Manager, of regulated pollutants in the Discharge from
              each regulated process.

      (iii)   Instantaneous, Daily Maximum, and long-term average
              concentrations, or mass, where required, shall be reported.

      (iv)    The sample shall be representative of daily operations and shall be
              analyzed in accordance with procedures set out in Section 4.151.
              Where the Standard requires compliance with BMP or pollution
              prevention alternative, the User shall submit documentation as
              required by the Division Manager or the applicable Standards to
              determine compliance with the Standard.


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                (v)     Sampling must be performed in accordance with procedures set out
                        in Section 4.150 and 4.151.

         (h)    Any requests for a monitoring waiver (or a renewal of an approved
                monitoring waiver) for a Pollutant neither present nor expected to be
                present in the Discharge based on Section 4.146(2) [40 CFR 403.12(e)(2)].

         (i)    Any request to be covered by a general permit based on Section 4.136.

         (j)    Any other information as may be deemed necessary by the Division
                Manager to evaluate the permit application.

         (k)    Compliance Schedule. If additional Pretreatment and/or O&M will be
                required to meet the Pretreatment Standards, the shortest schedule by
                which the Industrial User will provide such additional Pretreatment
                and/or O&M. The completion date in this schedule shall not be later
                than the compliance date established for the applicable Pretreatment
                Standard. A compliance schedule pursuant to this section must meet the
                requirements set out in Section 4.144.

         (l)    Compliance Certification. CIUs must also submit a statement, reviewed
                by the User’s Authorized Representative and certified by a qualified
                professional, indicating whether Pretreatment Standards are being met on
                a consistent basis, and, if not, whether additional O&M and/or additional
                pretreatment is required to meet the Pretreatment Standards.

   (2)   Incomplete or inaccurate applications will not be processed and will be returned to
         the User for revision.

4.132    Application Signatories and Certification

   (1)   All Wastewater Discharge Permit applications, User reports and certification
         statements must be signed by an Authorized Representative of the User and contain
         the certification statement in Subsection (4) below.

   (2)   If the designation of an Authorized Representative is no longer accurate because a
         different individual or position has responsibility for the overall operation of the
         facility or overall responsibility for environmental matters for the company, a new
         written authorization satisfying the requirements of this Section must be submitted
         to the Division Manager prior to or together with any reports to be signed by an
         Authorized Representative.




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(3)   A facility determined to be a Non-Significant Categorical Industrial User by the
      Division Manager pursuant to 4.102 must annually submit the signed certification
      statement in Section 4.132(5).

(4)   Certification of Permit Applications, User Reports and Initial Monitoring Waiver.
      The following certification statement is required to be signed and submitted by:
      Users submitting permit applications in accordance with Section 4.131; Users
      submitting baseline monitoring reports under Section 4.143 [40 CFR 403.12 (l)];
      Users submitting reports on compliance with the Categorical Pretreatment Standard
      deadlines under Section 4.145 [40 CFR 403.12(d)]; Users submitting periodic
      compliance reports required by Section 4.146 [40 CFR 403.12(e) and (h)]; and
      Users submitting an initial request to forego sampling of a Pollutant on the basis of
      Section 4.146(2) [40 CFR 403.12(e)(2)(iii)]. The following certification statement
      must be signed by an Authorized Representative as defined in Section 4.102:
      “I certify under penalty of law that this document and all attachments were
      prepared under my direction or supervision in accordance with a system designed
      to assure that qualified personnel properly gather and evaluate the information
      submitted. Based on my inquiry of the Person or Persons who manage the system,
      or those Persons directly responsible for gathering the information, the information
      submitted is, to the best of my knowledge and belief, true, accurate, and complete.
      I am aware that there are significant penalties for submitting false information,
      including the possibility of fine and imprisonment for knowing Violations.”

(5)    Annual Certification for Non-Significant Categorical Industrial Users. A facility
      determined to be a Non-Significant Categorical Industrial User by the Division
      Manager pursuant to 4.102 and 4.132(3) [40 CFR 403.3(v)(2)] must annually
      submit the following certification statement signed in accordance with the signatory
      requirements in Section 4.102 [40 CFR 403.120(l)]. This certification must
      accompany an alternative report required by the Division Manager:
      “Based on my inquiry of the Person or Persons directly responsible for
      managing compliance with the Categorical Pretreatment Standards under 40
      CFR ____, I certify that, to the best of my knowledge and belief that during the
      period from __________, ________ to ________, ________ [months, days,
      year]:
      “(a) The facility described as ____________________ [facility name] met the
      definition of a Non-Significant Categorical Industrial User as described in
      Section 4.102 [See 40 CFR 403.3(v)(2)]
      “(b) The facility complied with all applicable Pretreatment Standards and
      requirements during this reporting period; and
      “(c) The facility never Discharged more than 100 gallons of total categorical
      Wastewater on any given day during this reporting period.
      “(d) This facility never discharged concentrated untreated waste.
      “This compliance certification is based on the following information:
      “________________________________________________”

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       (6)    Certification of Pollutants Not Present
       Users that have an approved monitoring waiver based on Section 4.146(3) must certify
       on each report with the following statement that there has been no increase in the
       Pollutant in its Wastewater stream due to activities of the User. [40 CFR
       403.12(e)(2)(v)]
              “Based on my inquiry of the Person or Persons directly responsible for
              managing compliance with the Pretreatment Standard for 40 CFR _______
              [specify applicable National Pretreatment Standard part(s)], I certify that, to the
              best of my knowledge and belief, there has been no increase in the level of
              ______ [list Pollutant(s)] in the Wastewaters due to the activities at the facility
              since filing of the last periodic report under Section 4.146.”

4.133 Wastewater Discharge Permit Decisions

       (1)     The Division Manager will evaluate the data furnished by the Industrial User
               pursuant to Section 4.131 and may require additional information. Within sixty
               (60) days of receipt of a complete permit application deemed complete by the
               Division Manager in writing, the Division Manager will determine whether or not
               to issue a Wastewater Discharge Permit. If no determination is made within this
               time period, the application will be deemed denied, except as provided in Section
               4.141 relating to reissuance of discharge permits.

       (2)     If any waters or wastes are Discharged, or are proposed to be Discharged to the
               public sewers, which waters contain the substances or possess the characteristics
               enumerated in Section 4.110, and which, in the judgment of the Division Manager,
               may have a deleterious effect upon the POTW, processes, equipment, or receiving
               waters, or which otherwise create a hazard to life or constitute a public nuisance,
               the Division Manager may take any of the following actions:

               (a)    Reject the wastes;

               (b)    Require Pretreatment to an acceptable condition for Discharge to the public
                      sewers;

               (c)    Require control over the quantities and rates of Discharge; and/or

               (d)    Require payment to cover the added cost of handling and treating the
                      wastes not covered by existing taxes or sewer charges.

4.134 Wastewater Discharge Permit Duration

Wastewater Discharge Permits shall be issued for a specific time period, not to exceed five (5)
years. The permit may be issued for a period less than five (5) years, at the discretion of the
Division Manager. Each permit shall indicate a specific date upon which it will expire.


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4.135 Wastewater Discharge Permit Contents

      (1)   Wastewater Discharge Permits shall include such conditions as are reasonably
            deemed necessary by the Division Manager to prevent Pass Through or
            Interference, protect the quality of the water body receiving the Treatment Plant
            effluent, protect worker health and safety and facilities, and to implement the
            objectives of the Sewer Use Ordinance.

      (2)    Individual and general Wastewater Discharge Permits must contain:

            (a)    The issuance date, expiration date and effective date of the Wastewater
                   Discharge Permit;

            (b)    A statement that the Wastewater Discharge Permit is nontransferable
                   without prior notification to the City in accordance with Section 4.139 of
                   this ordinance, and provisions for furnishing the new owner or operator
                   with a copy of the existing Wastewater Discharge Permit;

            (c)    Effluent limits, including Best Management Practices, based on applicable
                   Pretreatment Standards;

            (d)    Self monitoring, sampling, reporting, notification, and record-keeping
                   requirements. These requirements shall include an identification of
                   Pollutants (or Best Management Practice) to be monitored, sampling
                   location, sampling frequency, and sample type based on Federal, State, and
                   local law.

            (e)    The process for seeking a waiver from monitoring for a Pollutant neither
                   present nor expected to be present in the Discharge in accordance with
                   Section 4.146(3)

            (f)    A statement of applicable civil and criminal penalties for Violation of
                   Pretreatment Standards and Requirements, and any applicable compliance
                   schedule. Such schedule may not extend the time for compliance beyond
                   that required by applicable Federal, State, or local law.
                   (g)     Requirements to control Slug Discharge, if determined by the
                   Division Manager to be necessary.

            (h)    Any grant of the monitoring waiver by the Division Manager (Section
                   4.146(3) must be included as a condition in the User’s Wastewater
                   Discharge Permit .

      (3)   Wastewater Discharge Permits may contain, but need not be limited to, the
            following conditions:


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            (a)    Limits on the average and/or maximum rate of Discharge, time of
                   Discharge, and/or requirements for flow regulation and equalization;

            (b)    Requirements for the installation of Pretreatment technology, pollution
                   control, or construction of appropriate containment devices, designed to
                   reduce, eliminate, or prevent the introduction of Pollutants into the
                   Treatment works;

            (c)    Requirements for the development and implementation of Spill
                   Prevention/Slug Control Plans or other special conditions including
                   management practices necessary to adequately prevent accidental,
                   unanticipated, or non-routine Discharges;

            (d)    Requirements to develop and implement waste minimization plans to
                   reduce the amount of Pollutants Discharged to the POTW;

            (e)    The unit charge or schedule of User charges and fees for the management of
                   the Wastewater Discharged to the POTW;

            (f)    Requirements for installation and maintenance of inspection and sampling
                   facilities and equipment, including flow measurement devices;

            (g)    A statement that compliance with the Wastewater Discharge Permit does
                   not relieve the permittee of responsibility for compliance with all applicable
                   Federal and State Pretreatment Standards, including those which become
                   effective during the term of the individual Wastewater Discharge Permit

            (h)    Other conditions as deemed appropriate by the Division Manager to ensure
                   compliance with this ordinance, and State and Federal laws, rules, and
                   regulations.

4.136 Wastewater Discharge Permitting: General Permits

      (1)   At the discretion of the Division Manager, the Division Manager may use general
            permits to control SIU Discharges to the POTW if the following conditions are met.
             All facilities to be covered by a general permit must:

            (a)    Involve the same or substantially similar types of operations;

            (b)    Discharge the same types of wastes;

            (c)    Require the same Effluent limitations;

            (d)    Require the same or similar monitoring; and



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            (e)     In the opinion of the Division Manager, are more appropriately controlled
                    under a general permit than under individual Wastewater Discharge
                    Permit(s).

      (2)   To be covered by the general permit, the SIU must file a written request for
            coverage that identifies its contact information, production processes, the types of
            wastes generated, the location for monitoring all wastes covered by the general
            permit, any requests in accordance with Section 4.146(3) for a monitoring waiver
            for a Pollutant neither present nor expected to be present in the Discharge, and any
            other information the POTW deems appropriate. A monitoring waiver for a
            Pollutant neither present nor expected to be present in the Discharge is not effective
            in the general permit until after the Division Manager has provided written notice
            to the SIU that such a waiver request has been granted in accordance with Section
            4.146(3).

      (3)   The Division Manager will retain a copy of the general permit, documentation to
            support the POTW’s determination that a specific SIU meets the criteria in this
            section and applicable State regulations, and a copy of the User’s written request
            for coverage for three (3) years after the expiration of the general permit.

      (4)   The Division Manager may not control an SIU through a general permit where the
            facility is subject to production-based Categorical Pretreatment Standards or
            Categorical Pretreatment Standards expressed as mass of Discharges per day or for
            IUs whose limits are based on the Combined Wastestream Formula (Section
            4.111(1)(b)).

4.137 Wastewater Discharge Permit Appeals

      (1)   Any Person including the Industrial User may petition the Division Manager to
            reconsider the terms of the permit within ten (10) days of the issuance of the final
            Wastewater Discharge Permit.

      (2)   Failure to submit a timely petition for review shall be deemed to be a waiver of the
            administrative appeal.

      (3)   In its petition, the appealing party must indicate the Wastewater Discharge Permit
            provisions objected to, the reasons for this objection, and the alternative conditions,
            if any, it seeks to place in the permit.

      (4)   The effectiveness of the Wastewater Discharge Permit shall not be stayed pending
            the appeal.

      (5)   If the Division Manager fails to act within fifteen (15) days, the request for
            reconsideration shall be automatically advanced to the City Manager. If the City


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            Manager fails to act within 15 days after being notified in writing of the appeal, the
            reconsideration shall be deemed denied.

      (6)   Aggrieved parties seeking judicial review of the final administrative permit
            decision must do so by petitioning for a Writ of Review in Klamath County Circuit
            Court, pursuant to ORS Chapter 34, within sixty (60) days of the date the
            administrative decision is final.

4.138 Wastewater Discharge Permit Modifications

      (1)   The Division Manager may modify the Wastewater Discharge Permit for good
            cause including, but not limited to, the following reasons:

            (a)    To incorporate any new or revised federal, State, or local Pretreatment
                   Standards or Requirements.

            (b)    To address significant alterations or additions to the Industrial User's
                   operation, processes, or Wastewater volume or character since the time of
                   permit issuance.

            (c)    A change in the POTW that requires either a temporary or permanent
                   reduction or elimination of the authorized Discharge.

            (d)    Information indicating that the permitted Discharge poses a threat to the
                   City's POTW, City personnel, or the receiving waters.

            (e)    Violation of any terms or conditions of the Wastewater Discharge Permit.

            (f)    Misrepresentation or failure to disclose fully all relevant facts in the permit
                   application or in any required reporting.

            (g)    Revisions of or a grant of variance from Categorical Pretreatment Standards
                   pursuant to 40 CFR 403.13.

            (h)    To correct typographical or other errors in the permit.

            (i)    To reflect a transfer of the facility ownership and/or operation to a new
                   owner/operator.

      (2)   The filing of a request by the permittee for a permit modification does not stay any
            permit condition.

      (3)   For any discretionary modification to a Wastewater Discharge Permit that will
            substantially impact an Industrial User's operations, the Division Manager will send
            advanced, written notice of the proposed change to the Industrial User. The notice


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            will be mailed or delivered to the address on the permit and allow the permittee
            fifteen (15) days from the date of mailing or delivery to provide comment on the
            discretionary modification prior to the time the modification takes effect.

4.139 Wastewater Discharge Permit Transfer

      (1)   Wastewater Discharge Permits may be reassigned or transferred to a new owner
            and/or operator with prior approval of the Division Manager if the permittee gives
            at least thirty (30) days advance notice to the Division Manager. The notice must
            include provision for furnishing the new owner or operator with a copy of the
            existing permit and a written certification by the new owner or operator which:

            (a)    States that the new owner has no immediate intent to change the facility's
                   operations and processes.

            (b)    Identifies the specific date on which the transfer is to occur.

            (c)    Acknowledges full responsibility for complying with the existing permit.

      (2)   Failure to provide the notice of a transfer as required in subsection (1) of this
            Section renders the Wastewater Discharge Permit void as of the date the facility
            was transferred or reassigned.

4.140 Wastewater Discharge Permit Revocation

      (1)   The Division Manager may revoke a Wastewater Discharge Permit for good cause,
            including, but not limited to, the following reasons:

            (a)    Failure to notify the City of significant changes to the Wastewater prior to
                   the changed Discharge;

            (b)    Falsifying self-monitoring reports and certification statements;

            (c)    Tampering with monitoring equipment;

            (d)    Refusing to allow the City timely access to the facility premises and
                   records;

            (e)    Failure to meet effluent limitations;

            (f)    Failure to pay administrative penalties and/or enforcement fines and
                   penalties;

            (g)    Failure to pay sewer charges;

            (h)    Failure to meet compliance schedules;

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               (i)    Failure to complete a Wastewater survey;

               (j)    Failure to provide advance notice of the transfer of a permitted facility;

               (k)    Violations of any Pretreatment Standard or Requirement or any terms of the
                      permit or the Sewer Use Ordinance in accordance with the procedures
                      identified in Section 4.161;

               (l)    Failure to provide prior notification to the Division Manager of changed
                      conditions pursuant to Section 4.147;

               (m)    Misrepresentation of, or failure to fully disclose, all relevant facts in the
                      Wastewater Discharge Permit application;

               (n)    Failure to complete a Wastewater Discharge Permit application.

       (2)     Wastewater Discharge Permit shall be void upon cessation of operations, or transfer
               of business ownership. All Wastewater Discharge Permits issued to a particular
               User are void upon the issuance of a new Wastewater Discharge Permit to that
               User.

       (3)     In a non-emergency situation in which the Division Manager intends to revoke a
               Wastewater Discharge Permit, the Division Manager will provide the permittee
               notice of the planned revocation and a ten (10) day period to respond to the
               planned revocation before the permit is revoked.

4.141 Wastewater Discharge Permit Reissuance

A Significant Industrial User shall apply for permit reissuance by submitting a complete permit
application in accordance with Section 4.131 a minimum of ninety (90) days prior to the
expiration of the User's existing permit. A User whose existing discharge permit has expired
and who has re-submitted its re-issuance application in the time period specified herein shall be
deemed to have an effective wastewater discharge permit until the City issues or denies the
new, reissued wastewater permit.

4.142 Regulation of Wastewater Received from other Jurisdictions

If another municipality, or User(s) located within another municipality or jurisdiction,
contribute(s) Wastewater to the POTW, the Division Manager shall enter into an intermunicipal
or interjurisdictional agreement with the contributing municipality or jurisdiction, or enter into
a contract with the User(s), in accordance with the City's Pretreatment Requirement procedures.




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4.143 Baseline Monitoring Reports

CIUs that have complied with Section 4.131 will also have complied with the Baseline
Monitoring Report requirements of 40 CFR 403.12(b) if the CIU has timely submitted a report
to the Division Manager which contains the information listed in Section 4.131. For the
purpose of this provision, timely submission of the report means that the report has been
submitted within one hundred eighty (180) days after the effective date of a categorical
Pretreatment Standard or after a final administrative decision on a category determination
under 40 CFR 403.6(a)(4), whichever is later. For New Sources that are CIUs and sources that
become CIUs subsequent to the promulgation of an applicable categorical Pretreatment
Standard, the report must be submitted to the Division Manager at least ninety (90) days prior
to commencement of their discharge. At this time, a New Source must also report to the
Division Manager (a) the method of pretreatment it intends to use to meet applicable
categorical Standards; and (b) an estimate of the anticipated flow and quantity of pollutants to
be discharged.

4.144 Compliance Schedule Progress Reports

The following conditions shall apply to the compliance schedule required by Section
4.131(1)(k) of the Sewer Use Ordinance:

       (1)     The schedule shall contain progress increments in the form of dates for the
               commencement and completion of major events leading to the construction and
               operation of additional Pretreatment required for the User to meet the applicable
               Pretreatment Standards. Such events include, but are not limited to, hiring an
               engineer, commencing and completing construction, and beginning and conducting
               routine operation.

       (2)     No increment referred to above shall exceed nine (9) months.

       (3)     The User shall submit a progress report to the Division Manager no later than
               fourteen (14) days following each date in the schedule and the final date of
               compliance including, as a minimum, whether or not it complied with the
               increment of progress, the reason for any delay, and, if appropriate, the steps being
               taken by the User to return to the established schedule.

       (4)     In no event shall more than nine (9) months lapse between such progress reports to
               the Division Manager.

4.145 Reports on Compliance with Categorical Pretreatment Standard Deadline

Within ninety (90) days following the date for final compliance with applicable Categorical
Pretreatment Standards, or in the case of a New Source, following commencement of the
introduction of Wastewater into the municipal (POTW) Wastewater System, any User subject
to such Pretreatment Standards and Requirements shall submit to the Division Manager a report

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containing the information described in Sections 4.131(1)(f) and (g) and 4.143. For Users
subject to equivalent mass or concentration limits established in accordance with the
procedures in Section 4.111(1)(e)(iv) [40 CFR 403.6(c)], this report shall contain a reasonable
measure of the User’s long term production rate. For all other Industrial Users subject to
Categorical Pretreatment Standards expressed in terms of allowable Pollutant Discharge per
unit of production (or other measure of operation), this report shall include the User's actual
production during the appropriate sampling period. All compliance reports must be signed and
certified in accordance with Section 4.132.

4.146 Periodic Compliance Reports

       (1)    Any Significant Industrial Users subject to a Pretreatment Standard shall, at a
              frequency determined by the Division Manager, but in no case less than twice per
              year (June and December unless otherwise specified), submit a report indicating the
              nature and concentration of Pollutants in the Discharge which are limited to such
              Pretreatment Standards and the measured or estimated average and maximum daily
              flows for the reporting period. All periodic compliance reports must be signed and
              certified in accordance with Section 4.132. In cases where the Pretreatment
              Standard requires compliance with a Best Management Practice (or pollution
              prevention alternative), the User shall submit documentation required by the
              Control Authority or the Pretreatment Standard necessary to determine the
              compliance status of the User.

       (2)    All Wastewater samples must be representative of Industrial User's Discharge. The
              failure of an Industrial User to keep its monitoring facility in good working order
              shall not be grounds for the Industrial User to claim that sample results are
              unrepresentative of its Discharge.

              (a)     If a User subject to the reporting requirement in this Section monitors any
                      regulated Pollutant at the appropriate sampling location more frequently
                      than required by the Division Manager, using the procedures prescribed in
                      Section 4.150 of this Sewer Use Ordinance, the results of this monitoring
                      shall be included in the report.

       (3)    The City may authorize the Industrial User subject to a Categorical Pretreatment
              Standard to forego sampling of a Pollutant regulated by a Categorical Pretreatment
              Standard if the Industrial User has demonstrated through sampling and other
              technical factors that the Pollutant is neither present nor expected to be present in
              the Discharge, or is present only at background levels from intake water and
              without any increase in the Pollutant due to activities of the Industrial User. This
              authorization is subject to the following conditions:

              (a)     The waiver may be authorized where a Pollutant is determined to be present
                      solely due to sanitary Wastewater Discharged from the facility provided

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      that the sanitary Wastewater is not regulated by an applicable Categorical
      Standard and otherwise includes no process Wastewater;

(b)   The monitoring waiver is valid only for the duration of the effective period
      of the individual Wastewater Discharge Permit, but in no case longer than 5
      years. The User must submit a new request for the waiver before the
      waiver can be granted for each subsequent individual Wastewater
      Discharge Permit. See Section 4.131(1)(h).

(c)   In making a demonstration that a Pollutant is not present, the Industrial
      User must provide data from at least one sampling of the facility’s process
      Wastewater prior to any Treatment present at the facility that is
      representative of all Wastewater from all processes.

(d)   The request for a monitoring waiver must be signed in accordance with
      Section 4.102, and include the certification statement in 4.132 [(40 CFR
      403.6(a)(2)(ii))].

(e)   Non-detectable sample results may be used only as a demonstration that a
      Pollutant is not present if the EPA approved method from 40 CFR Part 136
      with the lowest minimum detection level for that Pollutant was used in the
      analysis.

(f)   Any grant of the monitoring waiver by the Division Manager must be
      included as a condition in the User’s permit. The reasons supporting the
      waiver and any information submitted by the User in its request for the
      waiver must be maintained by the Division Manager for 3 years after
      expiration of the waiver.

(g)   Upon approval of the monitoring waiver and revision of the User’s permit
      by the Division Manager, the Industrial User must certify on each report
      with the statement in Section 4.132(6), that there has been no increase in
      the Pollutant in its wastestream due to activities of the Industrial User.

(h)   In the event that a waived Pollutant is found to be present or is expected to
      be present because of changes that occur in the User’s operations, the User
      must immediately: Comply with the monitoring requirements of Section
      4.146(1), or other more frequent monitoring requirements imposed by the
      Division Manager, and notify the Division Manager.

(i)   This provision does not supersede certification processes and requirements
      established in Categorical Pretreatment Standards, except as otherwise
      specified in the Categorical Pretreatment Standards.



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        (4)   In the event an Industrial User's monitoring results indicate a Violation has
              occurred, the Industrial User: shall immediately (within 24 hours of becoming
              aware of the Violation) notify the Division Manager; shall repeat the sampling and
              analysis in compliance with the sampling protocols required by the Sewer Use
              Ordinance, and other specific instructions if provided by the Division Manager,
              until it is evident that the Discharge is in compliance; and shall submit the results of
              the repeat sampling and analysis to the City within thirty (30) days after becoming
              aware of the Violation. If the City has performed sampling on the User and found
              that a Violation exists, it may notify the User of the Violation and the User must
              perform repeat sampling and analysis until it is evident that the Discharge is in
              compliance and shall submit the results of the repeat sampling and analysis to the
              City.

        (5)   For any information faxed or emailed to the City, the original shall be retained
              on the permitee's premises for a minimum of three (3) years, or the original may
              be mailed to the City as a follow-up to the fax or email. Information sent to the
              City via email must include applicable signed signature certifications in Portable
              Document Format or equivalent electronic format.

4.147 Report of Changed Conditions

        (1)   Each Industrial User shall notify the Division Manager of any changes to the
              Industrial User's operations or System which might substantially alter the nature,
              quality or volume of its Wastewater at least 30 days before the change. Notification
              of any changes in the listed or characteristic hazardous wastes for which the User
              has submitted initial notification under 40 CFR 403.12 (p) must also be reported.

        (2)   The Division Manager may require the Industrial User to submit such information
              as may be deemed necessary to evaluate the changed condition, including the
              submission of a Wastewater Discharge Permit application under Section 4.131, if
              necessary.

        (3)   The Division Manager may issue a Wastewater Discharge Permit under Section
              4.133 or modify an existing waste water permit under Section 4.138.

        (4)   No Industrial User shall implement the planned changed condition(s) until and
              unless the Division Manager has responded to the Industrial User's notice.

4.148   Reports of Potential Problems

        (1)   In the case of any Discharge, included, but not limited to, a Slug Discharge,
              accidental Spill or other Discharge which may cause potential problems for the
              POTW, it is the responsibility of the User to immediately telephone and notify the
              City (POTW Division Manager) after becoming aware of the incident. This


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               notification shall include the location of Discharge, type of waste, concentration
               and volume, if known, and corrective actions taken by the User.

       (2)     Within five (5) days following a Slug Discharge or accidental Discharge, the User
               shall, unless waived by the Division Manager, submit a detailed written report
               describing the cause(s) of the Discharge and the measures to be taken by the User
               to prevent similar future occurrences. Such notification shall not relieve the User
               of any expense, loss, damage, or other liability which may be incurred as a result of
               damage to the POTW, natural resources, or any other damage to Person or
               property; nor shall such notification relieve the User of any fines, civil penalties, or
               other liability which may be imposed by the Sewer Use Ordinance

       (3)     Failure to notify the City immediately after becoming aware of the potential
               problem Discharges shall be deemed a separate Violation of the Sewer Use
               Ordinance.

       (4)     A notice shall be permanently posted on the User's bulletin board or other
               prominent place advising employees who to call in the event of a Discharge
               described in subsection (1), above. Employers shall ensure that all employees who
               may cause or suffer such a Discharge to occur are advised of the emergency
               notification procedure.

       (5)     Significant Industrial Users are required to notify the Division Manager
               immediately of any changes at its facility affecting the potential for a Slug
               Discharge.

4.149 Reports from Unpermitted Users

All Industrial Users not subject to Categorical Pretreatment Standards and not required to
obtain a Wastewater Discharge Permit shall provide appropriate reports to the City as the
Division Manager may require.

4.150 Sample Collection

       (1)     Samples collected to satisfy reporting requirements must be based on data obtained
               through appropriate sampling and analysis performed during the period covered by
               the report, based on data that is representative of conditions occurring during the
               reporting period.

       (2)     Except as indicated in Subsections (3) and (4) of this Section, the User must collect
               Wastewater samples using 24-hour flow-proportional composite sampling
               techniques, unless time-proportional composite sampling or Grab Sampling is
               authorized by the Division Manager. Where time-proportional composite sampling
               or grab sampling is authorized by the City, the samples must be representative of
               the Discharge. Using protocols (including appropriate preservation) specified in 40

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              CFR Part 136 and appropriate EPA guidance, multiple Grab Samples collected
              during a 24-hour period may be composited prior to the analysis as follows: for
              cyanide, total phenols, and sulfides the samples may be composited in the
              laboratory or in the field; for volatile organics and oil and grease, the samples may
              be composited in the laboratory. Composite samples for other parameters
              unaffected by the compositing procedures as documented in approved EPA
              methodologies may be authorized by the City, as appropriate. In addition, Grab
              Samples may be required to show compliance with Instantaneous Limits.

       (3)    Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and
              volatile organic compounds must be obtained using Grab Sample techniques.

       (4)    For sampling required in support of baseline monitoring and 90-day compliance
              reports required in Sections 4.143 and 4.145 [40 CFR 403.12(b) and (d)], a
              minimum of four (4) Grab Samples must be used for pH, cyanide, total phenols, oil
              and grease, sulfide and volatile organic compounds for facilities for which
              historical sampling data do not exist. For facilities for which historical sampling
              data are available, the Division Manager may authorize a lower minimum. For the
              reports required by Section 4.146 (40 CFR 403.12(e) and 403.12(h)), the Industrial
              User is required to collect the number of Grab Samples necessary to assess and
              assure compliance by with applicable Pretreatment Standards and Requirements.

4.151 Analytical Requirements

All Pollutant analyses, including sampling techniques, to be submitted as part of a Wastewater
Discharge Permit application or report shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an
applicable Categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or
analytical techniques for the Pollutant in question, or where the EPA determines that the Part
136 sampling and analytical techniques are inappropriate for the Pollutant in question,
sampling and analyses shall be performed by using validated analytical methods or any other
applicable sampling and analytical procedures, including procedures suggested by the Division
Manager or other parties approved by EPA.

4.152 Expenses of Monitoring

The Director may recover the City's expenses incurred in collecting and analyzing samples of
the Industrial User's Discharge by adding the City's expenses to the Industrial User's sewer
charges.




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4.153 Report Transmittals

Written reports required by the Sewer Use Ordinance shall be deemed to have been transmitted
at the time of deposit, postage prepaid, into a mail facility serviced by the United States Postal
Service or by personal delivery.

4.154 Record Keeping

Users subject to the reporting requirements of the Sewer Use Ordinance shall retain, and make
available for inspection and copying, all records of information obtained pursuant to any
monitoring activities required by this ordinance, any additional records of information obtained
pursuant to monitoring activities undertaken by the User independent of such requirements, and
documentation associated with Best Management Practices established under Section 4.113(3).
 Records shall include the date, exact place, method, and time of sampling, and the name of the
Person(s) taking the samples; the dates analyses were performed; who performed the analyses;
the analytical techniques or methods used; and the results of such analyses. These records shall
remain available for a period of at least three (3) years. This period shall be automatically
extended for the duration of any litigation concerning the User or the City, or where the User
has been specifically notified of a longer retention period by the Division Manager.

4.155 Notification of Significant Production Change

An Industrial User operating under a Wastewater Discharge Permit with a control mechanism
that incorporates equivalent mass or concentration limits shall provide advanced notice to the
Division Manager within two (2) business days after the User has a reasonable basis to know
that its production level will significantly change within the next calendar month. Any User
that does not notify the Division Manager of such anticipated change shall be required to meet
the mass or concentration limits in its permit that were based on the original estimate of the
User's long term average production rate.

4.156 Notification of the Discharge of Hazardous Waste

       (1)     Any User who commences the Discharge of hazardous waste shall notify the City,
               the EPA Regional Waste Management Division Director, of any Discharge into the
               POTW of a substance which, if otherwise disposed of, would be a hazardous waste
               under 40 CFR Part 261. Such notification must include the name of the hazardous
               waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the
               type of Discharge (continuous, batch, or other). If the User Discharges more than
               one hundred (100) kilograms of such waste per calendar month to the POTW, the
               notification also shall contain the following information to the extent such
               information is known and readily available to the User: an identification of the
               hazardous constituents contained in the wastes; an estimation of the mass and
               concentration of such constituents in the wastestream Discharged during that
               calendar month; and an estimation of the mass of constituents in the wastestream


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              expected to be Discharged during the following twelve (12) months. All
              notifications must take place no later than one hundred and eighty (180) days after
              the Discharge commences. Any notification under this paragraph need be
              submitted only once for each hazardous waste Discharged. However, notifications
              of changed conditions must be submitted under Section 4.146. The notification
              requirement in this Section does not apply to Pollutants already reported by
              Industrial Users subject to Categorical Pretreatment Standards under the self-
              monitoring requirements of Sections 4.143, 4.145 and 4.146.

       (2)    Dischargers are exempt from the requirements of subsection (1) of this Section
              during a calendar month in which they Discharge no more than fifteen (15)
              kilograms of hazardous waste, unless the wastes are acute hazardous waste as
              specified in 40 CFR 261.30 (d) and 261.33 (e). Discharge of more than fifteen (15)
              kilograms of non-acute hazardous waste in a calendar month, or of any quantity of
              acute hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e), requires a
              one-time notification. Subsequent months during which the User Discharges more
              than such quantities of any hazardous waste do not require additional notification.

       (3)    In the case of any new regulations under Section 3001 of the RCRA identifying
              additional characteristics of hazardous waste or listing any additional substance as a
              hazardous waste, the User must notify the Director, the EPA Regional Waste
              Management Division Director, and DEQ Solid and Hazardous Waste Division
              Director, of the Discharge of such substance within ninety (90) days of the effective
              date of such regulations.

       (4)    In the case of any notification made under this Section, the User shall certify that it
              has a program in place to reduce the volume and toxicity of hazardous wastes
              generated to the degree it has determined to be economically practical.

       (5)    This provision does not create a right to Discharge any substance not otherwise
              permitted to be Discharged by the Sewer Use Ordinance, a permit issued hereunder,
              or any applicable Federal or State law.

4.157 Inspection and Sampling

The City shall have the right to enter the facilities of any Industrial User to enforce the
provisions of the Sewer Use Ordinance or any Wastewater Discharge Permits or orders issued
hereunder. Industrial Users shall allow the Division Manager or his or her representatives
ready access to all parts of their premises for the purposes of inspection, sampling, records
examination and copying, and the performance of any additional duties.

       (1)    Where a User has security measures in force which require proper identification
              and clearance before entry into their premises, the Industrial User shall make
              necessary arrangements with its security guards so that, upon presentation of


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               suitable identification, personnel from the City, State, and EPA will be permitted to
               enter, without delay, for the purposes of performing their official duties.

       (2)     The City, State, and EPA shall have the right to set up or require installation of, on
               the Industrial User's property, such devices as are necessary to conduct sampling,
               and/or metering of the User's operations.

       (3)     The City may require the Industrial User to install monitoring equipment, as
               necessary. The facility's sampling and monitoring equipment shall be maintained at
               all times in a safe and proper operating condition by the Industrial User at the
               Industrial User's expense. All devices used to measure Wastewater flow and
               quality shall be calibrated periodically or otherwise maintained in accordance with
               equipment manufacturers’ recommendations to ensure their accuracy.

       (4)     Any temporary or permanent obstruction to safe and easy access to the industrial
               facility to be inspected and/or sampled shall be promptly removed by the Industrial
               User at the written or oral request of the Division Manager and shall not be
               replaced. The costs of clearing such access shall be borne by the Industrial User.

       (5)     Unreasonable delays in allowing City personnel access to the Industrial User's
               premises shall be a Violation of the Sewer Use Ordinance.

4.158 Search Warrants

If the Division Manager has been refused access to a building, structure or property or any part
thereof, and if the Division Manager has probable cause to believe that there may be a
Violation to the Sewer Use Ordinance, or that there is a need to inspect as part of a routine
inspection program of the City designed to protect the overall public health, safety and welfare
of the community, the Division Manager shall contact the City Attorney who may then apply
for an administrative search warrant from a court of competent jurisdiction. Such warrant shall
be served at reasonable hours by the Division Manager.

4.159 Confidential Information

       (1)     Information and data on an Industrial User obtained from reports, questionnaires,
               permit applications, permits, and monitoring programs, and from City inspections
               and sampling activities shall be available to the public without restriction unless the
               Industrial User specifically requests and is able to demonstrate to the satisfaction of
               the City that the release of such information would divulge information, processes
               or methods of production entitled to protection as trade secrets under applicable
               State laws.

       (2)     Wastewater constituents and characteristics and other "effluent data" as defined by
               40 CFR 2.302 shall not be recognized as confidential information and shall be
               available to the public without restriction.

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       (3)     When requested and demonstrated by the Industrial User furnishing a report that
               such information should be held confidential, the portions of a report which might
               disclose trade secrets or secret processes shall not be made available for inspection
               by the pubic but shall be made available immediately upon request to governmental
               agencies for uses related to the Sewer Use Ordinance, the National Pollutant
               Discharge Elimination System (NPDES) program, and in enforcement proceedings
               involving the Person furnishing the report.

4.160 Publication Of Users In Significant Noncompliance

The City shall publish annually, in a newspaper(s) of general circulation that provides
meaningful public notice within the jurisdiction(s) served by the POTW a list of the Industrial
Users which, during the previous 12 months, were in significant noncompliance with
applicable Pretreatment Standards and Requirements. A Significant Industrial User will have
been in significant noncompliance if its Violation meets one or more of the following criteria
and an Industrial User may be determined to be in Significant Non-Compliance (SNC) if it has
shown to have violated sections 4.160 (3), (4) or (8):

       (1)     Chronic Violations of Wastewater Discharge limits, defined here as those in which
               66 percent or more of all of the measurements taken for the same Pollutant
               parameter during a 6-month period exceed (by any magnitude) a numeric
               Pretreatment Standard or Requirement, including instantaneous limits, as defined
               by 40 CFR 403.3(l);

       (2)     Technical Review Criteria (TRC) Violations, defined here as those in which 33
               percent or more of all of the measurements taken for the same Pollutant parameter
               during a 6-month period equal or exceed the product of the numeric Pretreatment
               Standard or Requirement including instantaneous limits, as defined by 40 CFR
               403.3(l) multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and
               grease, and 1.2 for all other Pollutants except pH);

       (3)     Any other Violation of a Pretreatment Standard or Requirement as defined by 40
               CFR 403.3(l) (Daily Maximum, long-term average, instantaneous limit, or narrative
               standard) that the POTW determines has caused, alone or in combination with other
               Discharges, Interference or Pass Through (including endangering the health of
               POTW personnel or the general public);

       (4)     Any Discharge of a Pollutant that has caused imminent endangerment to human
               health, welfare or to the environment or has resulted in the POTW's exercise of its
               emergency authority under paragraph 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent
               such a Discharge;




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      (5)    Failure to meet, within 90 days after the schedule date, a compliance schedule
             milestone contained in a local control mechanism or enforcement order for starting
             construction, completing construction, or attaining final compliance;

      (6)    Failure to provide, within 45 days after the due date, required reports such as
             baseline monitoring reports, 90-day compliance reports, periodic self-monitoring
             reports, and reports on compliance with compliance schedules;

      (7)    Failure to accurately report noncompliance;

      (8)    Any other Violation or group of Violations, which may include a Violation of Best
             Management Practices, which the POTW determines will adversely affect the
             operation or implementation of the local Pretreatment program.

4.161 Violation Process

      (1)    Whenever the Division Manager determines that a Violation of the Sewer Use
             Ordinance, any permit issued hereunder, or any order issued by the City pursuant to
             the Sewer Use Ordinance, has occurred or is taking place, it may initiate
             enforcement action as provided in Sections 4.161 through 4.174. In addition, any
             enforcement action or remedy provided in State or federal law may be employed.
             If the Division Manager believes a Violation has occurred or is occurring, a
             representative of the City shall make a reasonable effort to notify the
             User/Domestic User of the Violation. All Violations including the first Violation
             shall receive a written Notice of Violation, and may also incur a monetary penalty.

      (2)    All written Notices of Violations shall describe the Violation, any potential penalty
             (monetary and/or incarceration) and any additional Pretreatment requirements. The
             written notice may further require that a response to the Violation be submitted to
             the City within a ten (10) day time period. A Notice of Violation shall be served at
             the address of the local facility of User/Domestic User; or the corporate office of
             User/Domestic User. If the User holds a Wastewater Discharge Permit, the Notice
             of Violation will be served at the address on the permit. The Notice of Violation
             shall be deemed delivered: at the time of deposit, postage prepaid, into a mail
             facility serviced by the United States Postal Service; or at the time sent if
             transmitted by means of an electronic facsimile device if an electronic receipt is
             printed and retained; or at the time of personal delivery.

      (3)    If a written Notice of Violation requires submittal of a response, the response shall
             include an explanation of the cause of the Violation, a plan for its satisfactory
             correction and prevention of future such Violations, specific corrective or
             preventive actions, and such other information reasonably required as identified in
             the Notice. Submission of this plan in no way relieves the User/Domestic User of
             liability for any Violations occurring before or after receipt of the Notice of


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              Violation. Nothing in this section shall limit the authority of the Division Manager
              to initiate emergency action or other enforcement action prior to issuing a Notice of
              Violation.

       (4)    Users/Domestic Users that have received an enforcement action decision under
              Sections 4.161 through 4.168 and 4.170 may request a review of that decision
              by the City Manager. Requests for review shall be submitted in writing to the
              City Manager within fifteen (15) days of the date of the enforcement action
              decision. Once a User/Domestic User has exhausted this administrative
              procedure for review of an enforcement action decision, the User/Domestic User
              may appeal the decision of the City Manager by filing a written notice of appeal
              in compliance with the City's Uniform Appeal and Hearing Procedures
              established under Section 1.025 of this Code.

4.162 Violation of Permit Parameters

       (1)    For the Maximum Daily Allowable concentration, if the concentration of any single
              sample (whether grab or a sample within a series) exceed the limitations, a
              Violation will have occurred.

       (2)    For the Monthly Average Allowable concentration, if the average of all sample(s)
              (grab or composite) taken exceeds the limitation, a Violation will have occurred.
              One sample collected may constitute a monthly average Violation.

4.163 Additional Violation Parameters

A Violation of the Sewer Use Ordinance shall also be deemed to occur:

       (1)    For noncompliance with any special reporting requirements established by permit,
              written request of the City consistent with the requirements of this Sewer Use
              Ordinance, or as specified by general federal Pretreatment Standards (40 CFR
              403.12).

       (2)    When Pollutants prohibited by the Sewer Use Ordinance are Discharged into the
              POTW.

       (3)    For failure to apply for and obtain a Wastewater Discharge Permit prior to
              Discharge of Industrial Wastewater into the POTW.

4.164 Administrative Orders and Consent Orders

       (1)    The Division Manager may issue to any User or Domestic User an Administrative
              Order to require the User/Domestic User to comply with any requirement under the
              Sewer Use Ordinance, Wastewater Discharge Permits, or order issued hereunder or
              any other Pretreatment Requirement under federal or state law. Administrative

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              Orders may also contain requirements reasonably necessary and appropriate to
              address a non-compliance of User/Domestic User. Administrative Orders shall be
              judicially enforceable.

        (2)   The Division Manager may enter into Consent Orders, assurance of voluntary
              compliance, or other similar documents establishing an agreement with a
              User/Domestic User not in compliance with any permit parameter or provision of
              the Sewer Use Ordinance. Such documents will include specific action to be taken
              by the User/Domestic User to correct the noncompliance within a time period also
              specified by the document. Consent Orders shall have the same force and effect as
              administrative orders and upon issuance, such orders shall be judicially
              enforceable.

4.165 Show Cause Hearing

        (1)   The Division Manager may order any User or Domestic User which causes or
              contributes to Violation(s) of the Sewer Use Ordinance, Wastewater Discharge
              Permits or order issued hereunder or any other Pretreatment Requirement, to appear
              before the Division Manager and show cause why a proposed enforcement action
              should not be taken. Notice shall be served on the User/Domestic User specifying
              the time and place for the hearing, the proposed enforcement action, the reasons for
              such action, and an order that the User/Domestic User show cause why this
              proposed enforcement action should not be taken.

        (2)   The notice of the hearing shall be served personally or by registered mail (return
              receipt requested) at least ten (10) days prior to the hearing. Such notice may be
              served on any Authorized Representative of the User/Domestic User. Whether or
              not the User/Domestic User appears at the hearing, the Division Manager may
              pursue enforcement action following the hearing date.

4.166   Compliance Orders

        (1)   When the Division Manager finds that a User or Domestic User has violated or
              continues to violate the Sewer Use Ordinance, permits or orders issued hereunder,
              or any other Pretreatment Requirement, an order may be issued to the
              User/Domestic User directing that, following a specific time period, sewer service
              shall be discontinued unless adequate Treatment facilities, devices, or other related
              appurtenances are installed and properly operated. Compliance orders may also
              contain such other requirements as might be reasonably necessary and appropriate
              to address the noncompliance, including additional self-monitoring, and
              management practices designed to minimize the amount of Pollutants Discharged
              to the sewer.




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       (2)     In addition to such Compliance Orders, the Division Manager may require
               additional self-monitoring for at least ninety (90) days after consistent compliance
               has been achieved, after which time the self-monitoring conditions in the
               Wastewater Discharge Permit shall control.

4.167 Cease and Desist Orders

When the Division Manager finds that a User or Domestic User has violated or continued to violate
the Sewer Use Ordinance, any permit or order issued hereunder, or any other Pretreatment
Requirement, the Division Manager may issue an order to the User/Domestic User directing it to
cease and desist all such Violations and directing the User/Domestic User to:

       (1)     Immediately comply with all requirements; and

       (2)     Take such appropriate remedial or preventative action as may be needed to properly
               address a continuing or threatened Violation, including halting operations and/or
               terminating the Discharge.

4.168 Administrative Fines

       (1)     When the Division Manager finds that a User or Domestic User has violated, or
               continues to violate, any provision of the Sewer Use Ordinance, a Wastewater
               Discharge Permit or order issued hereunder, or any other Pretreatment Standard or
               Wastewater Discharge Permit requirement, the Division Manager may fine such
               User/Domestic User in an amount not to exceed one thousand dollars ($1000.00).
               Such fines shall be assessed on a per Violation, per day basis. In the case of
               monthly or long term average Discharge limits, fines shall be assessed for each day
               during the period of Violation.

       (2)     Unpaid charges, fines and penalties shall, after thirty (30) calendar days, be
               assessed an additional penalty of twenty percent (20%) of the unpaid balance, and
               interest shall accrue thereafter at a rate of two percent (2%) per month,
               compounded monthly. Using the procedures set forth in Section 4.118, a lien
               against the User’s/Domestic User’s property will be sought for unpaid charges,
               fines, and penalties. The Division Manager may add the cost of preparing
               administrative enforcement actions, such as notices and orders, to the fine(s) and
               lien(s).

       (3)     Users/Domestic Users desiring to dispute such fines must file a written request for
               the Division Manager to reconsider the fine along with full payment of the fine
               amount within fifteen (15) days of being notified of the fine. Where a request has
               merit, the Division Manager may convene a hearing on the matter. In the event the
               User’s/Domestic User’s appeal is successful, the payment, together with any
               interest accruing thereto, shall be returned to the User/Domestic User. The


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            Division Manager shall also have the authority at the conclusion of the hearing to
            reduce the fine, penalty and/or interest based the User’s/Domestic User’s
            explanation(s).

      (4)   Issuance of an administrative fine shall not be a bar against, or a prerequisite for,
            taking any other enforcement action against the User/Domestic User.

4.169 Emergency Suspensions

      (1)   The Division Manager may immediately suspend a User's or Domestic User’s
            Discharge or Sewage service, and an Industrial User's Wastewater Discharge
            Permit, after notice to the User/Domestic User, whenever such suspension is
            necessary in order to stop an actual or threatened Discharge or Sewage disposal
            which reasonably appears to present or cause an imminent or substantial
            endangerment to the health or welfare of Persons. The Division Manager may also
            immediately suspend a User's Discharge, a Domestic User’s Sewage disposal into
            the POTW or Sewer, and/or an Industrial User's Wastewater Discharge Permit,
            after notice and opportunity to respond, if that Discharge or disposal threatens to
            interfere with the operation of the POTW, or presents or may present an
            endangerment to the environment.

      (2)   Any Industrial User notified of a suspension of its Wastewater Discharge Permit
            shall immediately stop or eliminate its contribution. In the event of an Industrial
            User's failure to immediately comply voluntarily with the suspension order, the
            Division Manager shall take such steps as deemed necessary, including immediate
            severance of the sewer connection, to prevent or minimize damage to the POTW,
            its Receiving Stream, or endangerment to any Persons. The Division Manager shall
            allow the Industrial User to recommence its Discharge when the Industrial User has
            demonstrated to the satisfaction of the Division Manager that the period of
            endangerment has passed, unless the termination proceedings set forth in Section
            4.170 are initiated against the Industrial User.

      (3)   A User/Domestic User which is responsible, in whole or in part, for any Discharge
            presenting imminent endangerment shall submit a detailed written statement
            describing the causes of the harmful contribution and the measures taken to prevent
            any future occurrence to the Division Manager prior to the date of any show cause
            or termination hearing under Sections 4.165 and 4.170, respectively.
      (4)   Nothing in this Section shall be interpreted as requiring a hearing prior to any
            Emergency Suspension under this Section.

4.170 Termination of Permit

      (1)   In addition to those provisions in Section 4.161, any Industrial User that violates
            the following conditions of the Sewer Use Ordinance, Wastewater Discharge


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               Permits, or orders issued hereunder, is subject to Wastewater Discharge Permit
               termination:

               (a)    Violation of permit conditions.

               (b)    Failure to accurately report the Wastewater constituents and characteristics
                      of its Discharge.

               (c)    Failure to report significant changes in operations or Wastewater volume,
                      constituents and characteristics prior to Discharge.

               (d)    Refusal of reasonable access to the User’s premises for the purpose of
                      inspection, monitoring or sampling.

               (e)    Violation of the Pretreatment Standards in Section 4.111 of this ordinance.

       (2)     Non-complying Industrial Users shall be notified of the proposed termination of
               their Wastewater Discharge Permit and be offered an opportunity to show cause
               under Section 4.167 why the proposed action should not be taken.

4.171 Injunctive Relief.

When the Division Manager finds that a User or Domestic User has violated, or continues to
violate, any provision of the Sewer Use Ordinance, a Wastewater Discharge Permit, or order
issued thereunder, or any other Pretreatment Standard or Requirement, the Division Manager
may petition the appropriate Court through the City Attorney for the issuance of a temporary or
permanent injunction, as appropriate, which restrains or compels the specific performance of
the Wastewater Discharge Permit, order, or other requirement imposed by the Sewer Use
Ordinance on activities of the User/Domestic User. The Division Manager may also take such
other action as is appropriate for legal and/or equitable relief, including a requirement for the
User/Domestic User to conduct environmental remediation. A petition for injunctive relief shall
not be a bar against, or a prerequisite for, taking any other action against a User/Domestic User.

4.172 Civil Penalties

       (1)     Any User or Domestic User which has violated or continues to violate the Sewer
               Use Ordinance, any order or permit hereunder, or any other Pretreatment
               Requirement shall be liable to the City for a maximum penalty of ten thousand
               dollars ($10,000) per Violation. In the case of a monthly or other long term
               average Discharge limit, penalties shall accrue for each calendar day during the
               period of this Violation.

       (2)     The court may award reasonable attorney fees, court costs, and other expenses
               associated with enforcement activities, including sampling and monitoring
               expenses, and the cost of any actual damages incurred by the City.

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      (3)   In determining the amount of civil penalty, the City and the court shall take into
            account all relevant circumstances, including, but not limited to, the extent of harm
            caused by the Violation, corrective actions by the User/Domestic User, economic
            benefit to the User/Domestic User of noncompliance, the compliance history of the
            User/Domestic User, and any other factors as justice requires.

      (4)   Where appropriate, the City may accept mitigation projects in lieu of the payment
            of civil penalties as long as the project is consistent with the State DEQ’s
            requirements for supplemental Environmental Projects.

4.173 Criminal Prosecution

      (1)   Any User who intentionally, knowingly or with criminal negligence violates any
            provisions of the Sewer Use Ordinance, any orders or permits issued hereunder, or
            any other Pretreatment Requirement shall, upon conviction, be guilty of a
            misdemeanor, punishable by a maximum fine of five thousand dollars ($5,000) or
            imprisonment for not more than (1) one year, or both.

      (2)   Any User who knowingly makes any false statement, representation or certification
            in any application, record, report, plan or other documentation filed or required to
            be maintained pursuant to the Sewer Use Ordinance or Wastewater Discharge
            Permit, or who falsifies, tampers with or knowingly renders inaccurate any
            monitoring device or method required under the Sewer Use Ordinance shall, upon
            conviction, be punished by a maximum fine of five thousand dollars ($5,000) or
            imprisonment for not more than three (3) years, or both. In the event of a second or
            subsequent conviction for this offense, the court shall impose a mandatory
            minimum fine of $50,000 and imprisonment for not less than (3) three years and
            not more than five (5) years.

      (3)   If any Violation of this section is a continuing one, every day such Violation
            continues shall constitute a separate offense.

4.174 Remedies Nonexclusive

      (1)   A City Enforcement Response Plan will be developed by the Division Manager in
            accordance with 40 CFR 403.8 and submitted to the Director for approval and
            certification. The Division Manager will implement the plan after receiving
            approval from the Director.

      (2)   The remedies provided for in the Sewer Use Ordinance are not exclusive. The
            Division Manager may take any, all, or any combination of these actions against a
            noncompliant User or Domestic User. Enforcement of Pretreatment Violations will
            be in accordance with the City’s Enforcement Response Plan. However, the
            Division Manager may take other action against any User/Domestic User when the


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               circumstances warrant. Further, the Division Manager is empowered to
               simultaneously or consecutively take more than one enforcement action against any
               noncompliant User/Domestic User.

4.175 Performance Bonds

The Division Manager may decline to reissue a permit to any Industrial User which has failed
to comply with the provisions of the Sewer Use Ordinance, any orders, or a previous permit
issued hereunder unless such User first files a satisfactory bond, or other security, payable to
the City, in a sum not to exceed a value determined by the Division Manager to be necessary to
achieve consistent compliance, and issued in a form and by a surety approved by the City
Attorney.

4.176 Liability Insurance

The Division Manager may decline to reissue a permit to any Industrial User which has failed
to comply with the provisions of the Sewer Use Ordinance, any orders, or a previous permit
issued hereunder, unless the Industrial User first submits proof that it has obtained financial
assurance sufficient to restore or repair damage to the POTW and to other Persons caused by
the Industrial User’s Discharge.

4.177 Water Supply Severance

When a User or Domestic User has violated the provisions of the Sewer Use Ordinance, orders,
or permits issued hereunder, water service to the User/Domestic User may be severed by the
Director and service will only recommence, at the expense of User/Domestic User, after it has
satisfactorily demonstrated its ability to comply.

4.178 Public Nuisance

Any Violation of the prohibitions or effluent limitations of the Sewer Use Ordinance, permits,
or orders issued hereunder is hereby declared a public nuisance and shall be corrected or abated
as directed by the Director or his designee. Any Person(s) creating a public nuisance shall be
subject to the provisions of the City Codes governing public nuisances, including reimbursing
the City for any costs incurred in removing, abating or remedying said nuisance.

4.179 Contractor Listing

Subject to other applicable law, Industrial Users which have not achieved consistent
compliance with applicable Pretreatment Standards and requirements are not eligible to receive
contract awards for the sale of goods or services to the City.




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4.180 Affirmative Defenses

A User or Domestic User shall have those affirmative defenses as provided by federal
regulations in any action alleging a Violation brought against User/Domestic User.

4.181 Affirmative Defense – Upset

       (1)    For the purpose of this section, "upset" means an exceptional incident in which
              there is unintentional and temporary noncompliance with Categorical Pretreatment
              Standards because of factors beyond the reasonable control of the User. An upset
              does not include noncompliance to the extent caused by operational error,
              improperly designed Treatment facilities, inadequate Treatment facilities, lack of
              preventive maintenance, or careless or improper operation.

       (2)    An upset shall be an affirmative defense to an enforcement action brought for
              noncompliance with Categorical Pretreatment Standards and Requirements if the
              following conditions of Sections 4.181 (3), (4) and (5) are met:

       (3)    A User who wishes to establish the affirmative defense of upset shall demonstrate,
              through properly signed, contemporaneous operating logs, or other relevant
              evidence that:

              (a)    The User can identify the cause of the upset.

              (b)    The facility was operating in a prudent and workman-like manner at the
                     time of the upset and was in compliance with applicable O&M procedures;
                     and

              (c)    The User submits the following information to the Division Manager within
                     24 hours of becoming aware of the upset, If this report is given orally, the
                     User must also submit a written report containing such information within
                     five (5) days unless waived by the Division Manager:

                     (i)     A description of the Discharge and its causes of noncompliance;

                     (ii)    The period of noncompliance including exact dates and time or, if
                             not corrected, the anticipated time the noncompliance is expected to
                             continue;

                     (iii)   Steps being taken and/or planned to reduce, eliminate and prevent
                             recurrence of the noncompliance.

       (4)    In any enforcement proceeding, the User seeking to establish the occurrence of an
              upset shall have burden of proof.


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       (5)     Users will have the opportunity for judicial determination on any claim of upset
               only in an enforcement action for noncompliance with Categorical Pretreatment
               Standards.

4.182 Affirmative Defense – General/Specific Prohibitions

An Industrial User shall have an affirmative defense to an enforcement action brought against it
for noncompliance with the general and specific prohibitions in Section 4.110 or the specific
prohibitions in Sections 4.110(2) (b)-(c), (e)-(k), (m)-(t) if it can prove that it did not know or
have reason to know that its Discharge, alone or in conjunction with Discharges from other
sources, would cause Pass Through or Interference and that either:

       (1)     A Local Limit exists for each Pollutant Discharged and the User was in compliance
               with each Limit directly prior to and during the Pass Through or Interference; or

       (2)     No Local Limit exists, but the Discharge did not change substantially in nature or
               constituents from the User’s prior Discharge when the City was regularly in
               compliance with its NPDES permit, and in the case of Interference, in compliance
               with applicable sludge use or disposal requirements.

4.183 Bypass

       (1)     For the purposes of this section,

               (a)     "Bypass" means the intentional diversion of wastestreams from any portion
                       of a User’s Treatment Plant.

               (b)     "Severe property damage" means substantial physical damage to property,
                       damage to the Treatment Plant which causes them to become inoperable, or
                       substantial and permanent loss of natural resources which can reasonably be
                       expected to occur in the absence of a bypass. Severe property damage does
                       not mean economic loss caused by delays in production.

       (2)     A User may allow any bypass to occur which does not cause Pretreatment
               Standards or Requirements to be violated, but only if it also is for essential
               maintenance to assure efficient operation. These bypasses are not subject to the
               provision of subsections (3) and (4) of this Section.

       (3)     Bypass Notification

               (a)     If a User knows in advance of the need for a bypass, it shall submit prior
                       notice to the Division Manager, at least ten (10) days before the date of the
                       bypass, if possible.



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            (b)      A User shall submit oral notice to the Division Manager of an unanticipated
                     bypass that exceeds applicable Pretreatment Standards within twenty-four
                     (24) hours from the time it becomes aware of the bypass. A written
                     submission shall also be provided within five (5) days of the time the User
                     becomes aware of the bypass. The written submission shall contain a
                     description of the bypass and its cause; the duration of the bypass, including
                     exact dates and times, and if the bypass has not been corrected, the
                     anticipated time it is expected to continue; and steps taken or planned to
                     reduce, eliminate, and prevent reoccurrence of the bypass. The Division
                     Manager may waive the written report on a case-by-case basis if the oral
                     report has been received within twenty-four (24) hours.

      (4)   Bypass

            (a)      Bypass is prohibited, and the Division Manager may take an enforcement
                     action against a User for bypass, unless

                     (i)     Bypass was unavoidable to prevent loss of life, personal injury, or
                             severe property damage;

                     (ii)    There were no feasible alternatives to the bypass, such as the use of
                             auxiliary Treatment Plants, retention of untreated waste, or
                             maintenance during normal periods of equipment downtime. This
                             condition is not satisfied if adequate backup equipment should have
                             been installed in the exercise of reasonable engineering judgment to
                             prevent a bypass which occurred during normal periods of
                             equipment downtime or preventive maintenance; and

                     (iii)   The User submitted notices required under Subsection (3) of this
                             section.

            (b).     The Division Manager may approve an anticipated bypass, after
                     considering its adverse effects, if the Division Manager determines that it
                     will meet the three conditions listed in Subsection (4)(a) of this Section.

4.184 Pretreatment Charges and Fees

      (1)   The consumption rates, demand charges, capacity charges and customer charges to
            defray administrative costs imposed in conjunction with Wastewater services shall
            be established and revised by resolution in accordance with Sections 4.020 and
            4.415 – 4.426.

      (2)   In accordance with the requirements of Section 1.075, the City may adopt
            reasonable charges and fees for reimbursement of costs of setting up and operating
            the City's Pretreatment Program. These fees and charges may include:

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               (a)     Fees for permit applications and permits including the cost of processing
                       such applications and/or permits;

               (b)     Fees for monitoring, inspection and surveillance procedures including the
                       cost of reviewing monitoring reports submitted by Industrial Users;

               (c)     Fees for reviewing and responding to accidental Discharge procedures and
                       construction;

               (d)     Fees for filing appeals;

               (e)     Other fees as the City may deem necessary to carry out the requirements
                       contained herein. These fees relate solely to the matters covered by the
                       Sewer Use Ordinance and are separate from all other fees, fines and
                       penalties chargeable by the City.

4.185 Severability

If any provision of the Sewer Use Ordinance is invalidated by any court of competent
jurisdiction, the remaining provisions shall not be affected and shall continue in full force and
effect.

4.186 Conflicts with other Ordinances

To the extent that an inconsistency exists between the terms of the Sewer Use Ordinance and
another existing City Code provision, the Sewer Use Ordinance shall be deemed to preempt the
other Code provision and the terms of the Sewer Use Ordinance shall control.
[(Sections 4.100-4.199 repealed); Added Sections 4.100-4.186 by Ordinance No. 09-04, enacted
4-21-09.]




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WATER

GENERAL

4.205 Title and Scope.
               (1)     Sections 4.205 to 4.405 shall be known as The Water System Act.
               (2)     All customers receiving services from the City water system are bound by
the provisions of this Act.

4.210 Definitions. For the purposes of Sections 4.205 to 4.405, the following words and phrases
shall mean:
        Customer Service Line. That part of the piping on the customer's property that connects the
service to the customer's distribution system.
        Service Connection. That part of the water distribution system which connects the meter to
the main and which normally consists of corporation stop, service pipe, curb stop and box, meter,
meter yoke, and meter box.

4.215 [Repealed by Ord. No. 6647, enacted Dec. 18, 1992.]

4.220 Ownership, Installation and Maintenance. The City shall own and maintain all service
connections. The installation and maintenance shall only be performed by authorized employees
of the City or by qualified, licensed craftspersons under the direct supervision of Public Works
Department staff. No connection to a City water main or service connection will be permitted
without the prior approval of the Public Works Department. The customer shall own, install and
maintain the customer service line. [Amended by Ord. No. 02-23, enacted Dec. 17, 2002.]

4.225 Service Connection Charge. At the time the applicant files for service where no service
previously existed, or if he/she files for a change in service, he/she shall submit with the
application the service connection charge. This charge is to cover the actual cost to the City of
installing the service from the main to and including the meter and the meter housing. The City
Manager is authorized to set and modify the service connection charge in accordance with the
requirements of Section 1.075. The service connection charge is in addition to any Systems
Development Charge imposed pursuant to Sections 3.505 to 3.590. [Amended by Ord. No. 6623,
enacted July 1, 1991; amended by Ord. No. 07-09.]

4.230 Size of Service. The City shall furnish and install, or permit to be installed, a service of
such size and at such locations as the applicant requests, provided that such requests are reasonable
and that the size requested is one that is authorized by the City. The City may refuse to install a
service line which is undersized or oversized, as determined by a study and report of the Public
Works Department to the City Manager. [Amended by Ord. 02-23, enacted Dec. 17, 2002.]

4.235 Changes in Service. Permanent changes in the location, grade or size of the service line or
meter requested by a customer shall be paid by the customer on the basis of actual cost to the City

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of making the change, including administration. The customer shall deposit a sum equal to the
estimated cost in advance.
[Amended by Ord. No. 6614, enacted Jan. 16, 1991.]

4.240 Length of Service.
                (1)     Where the main is in the public right-of-way, the meter shall be placed at the
right-of-way line nearest the property to be served for the standard connection fee, provided that
the length of service line does not exceed the width of the right-of-way.
                (2)     Where the main is on an easement or publicly owned property other than
designated right-of-way, the services shall be installed to the boundary of the easement or public
property by the City, provided that the length of service does not exceed thirty (30) feet.
                (3)     If, in either case cited above, the length of service line to the meter location
exceeds to the maximum stated, the applicant shall pay the extra cost of the line on the basis of
actual cost to the City for labor, materials, and equipment, plus fifteen percent (15%) for
administrative costs.

4.245 Meters.
                (1)      Installation of water meters shall be performed only by authorized
employees of the City. All meters shall be sealed by the City at the time of installation, and no seal
shall be altered or broken except by one of its authorized employees.
                (2)      The joining of several customers to take advantage of the single minimum
charges and large quantity rates shall be prohibited, except under special contract, in writing, with
the Council.
                (3)      If, for any reason, a change in the size of a meter and service is required, the
installation shall be accomplished by the basis of a new connection, and the customer's application
shall be so amended. Meters or services moved for the convenience of the customer shall be
relocated only at the customer's expense.

4.250 Water Rates and Demand and Connection Charges.

       (1) Water rates, capacity charges and demand charges shall be established and modified by
the Council and computed on the basis of units, one unit equaling 100 cu. ft., as follows:
               (a) All consumption of water shall be charged at a flat rate per unit. Cubic feet
readings shall be to the nearest 100 cu. ft.
               (b) Service to industrial customers, independent water districts, and all other special
contracts may be negotiated by the Council.
               (c) A customer charge may be imposed and collected at the discretion of the
Council for the purpose of defraying the costs of meter reading, billing, accounting, and other
administrative costs. The Council may also, in its discretion, impose a capacity charge. [Previous
subparagraph 3 repealed by Ord. No. 6621, enacted June 17, 1991; Added by Ord. No. 02-02,
enacted Feb. 5, 2002.]
       (2) A new account fee shall be collected for a new account. A new account is the initial
process of application for service, setting up the billing procedure, reading of the meter, and


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turning on the water or any part thereof and at a single location for a given customer. The City
Manager is authorized to set and modify the new account fee in accordance with the requirements
of Section 1.075.
        (3) A Systems Development Charge shall be collected pursuant to Sections 3.505 to 3.590
and Council resolutions adopted thereunder.
[Amended by Ord. No. 6614, enacted Jan. 16, 1991; Amended by Ord. No. 6621, enacted June 17,
1991; Amended by Ord. No. 6623, enacted July 1, 1991; Amended by Ord. No. 07-09.]

4.255 Meter Readings.
                (1)    Meters shall be read and customers billed on the basis of the meter reading
to the nearest 100 cubic feet. No charge shall be made for amounts from 1 to 49 cubic feet, and the
charge for amounts from 50 to 99 cubic feet shall be for 100 cubic feet.
                (2)    The Finance Division shall keep an accurate account on its books of all
readings of meters, and such account may be offered at all times, places, and courts as prima facie
evidence of the use of water service by the customer.

4.260 Discontinue of Service - On Customer Request.
                (1)     A customer about to vacate any premises supplied with water service by the
City shall give the City written notice at least two days prior thereto, specifying the date service is
to be discontinued. The customer shall be responsible for all water supplied to such premises until
water service is actually discontinued by the City or two (2) days after the City receives notice,
whichever occurs first.
                (2)     At the time the customer expects to vacate The premises where service is
supplied or when service is to be discontinued, the meter shall be read and a bill rendered which is
payable immediately. In no case shall the bill be less than the bimonthly minimum.

4.262 Discontinue of Service - Nonpayment of Bills. A customer's water service shall be
discontinued if the water bill is not paid in accordance with the procedures listed in Sections 4.035
and 4.040.

4.264 Discontinuance of Service - Improper Customer Facilities.
                (1)    The City may refuse to furnish water and may discontinue services to any
premises without prior notice where plumbing facilities, appliances, or equipment using water are
dangerous, unsafe, or not in conformity with the State Plumbing Code as adopted pursuant to ORS
Chapter 447.
                (2)    Cross Connections.
                       (a)     A cross connection is any physical connection between the City's
system and another source and includes those cross connections prohibited by the State Health
Division and the U.S. Public Health Service.
                       (b)     The City shall not knowingly permit any cross connection and shall
discontinue service to any premises where a cross connection exists. Service shall not be restored
until the cross connection is eliminated. Customers using water from one or more sources in
addition to receiving water from the City on the same premises shall maintain separate systems for


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each; and the City's water supply facilities shall be separated from any and all other systems by an
air gap of not less than one foot, or, if in the ground, by not less than five (5) feet.
                        (c)    In those instances where it is impossible or impractical to determine
whether the conditions described in this Section have been complied with, the City may make the
installation of an approved back flow preventer unit a condition of continued service in order to
afford the greatest measure of health protection from contamination for all persons using the water
system.

4.266 Discontinuance of Service - Unauthorized Turn On. When water service has been
discontinued for any reason and the water is turned on by the customer or other unauthorized
person, the water may then be shut off at the main or the meter removed. Any unauthorized
turn-on or connection is punishable as provided by Section 4.990.

4.268 Discontinuance of Service - Noncompliance with Provisions. The City may, upon five
days notice, discontinue service to a customer's premises for failure to comply with any of the
provisions of Sections 4.205 to 4.380. This notice will be an exception to the provisions of Section
4.035.

4.270 Discontinuance of Service - Water Waste. When water is wastefully or negligently used
on a customer's premises, seriously affecting the general service, the City may discontinue service
if such conditions are not corrected after due notice by the City Manager.

4.272 Discontinuance of Service - Service Detrimental to Others. The City Manager may
refuse to furnish water and may discontinue service to any premises where excessive demands by
one customer will result in inadequate service to others.

4.275 Restoration of Service.
         (1)     Restoration of service following discontinuance for nonpayment of bills shall be
made after payment of past-due charges, a service fee and an additional after-hours fee if the
restoration of service is completed outside of normal business hours. The service fee may be
assessed when an account is scheduled for disconnect, whether or not the service is actually
disconnected. The service fee, after-hours fee, and other fees and charges deemed appropriate by
the City Manager may be adopted or modified by the City Manager in accordance with the
requirements of Section 1.075. (2) Restoration of service after discontinuance of service for unsafe
facilities, water waste, fraud, abuse, or for noncompliance with any of the provisions of Sections
4.205 to 4.380 shall only be made after assurance that the irregularity will not recur. The service
fee and other fees and charges deemed appropriate by the City Manager as provided for in
subparagraph (1), plus any other expenses due or past due that the City may have incurred to
correct the irregularity, shall be paid prior to restoration of service.
         (3)     Where a meter has been removed as abandoned or because of change, misuses or
tamping, restoration of service shall be conditioned upon payment of the cost to set a new meter.
[Amended by Ord. No. 94-03, enacted March 10, 1994; Amended by Ord. No. 01-04, enacted
March 6, 2001; Amended by Ord. No. 07-09.]

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4.280 Access to Property. All duly appointed employees of the City, under the direction of the
Public Works Director, shall have free access at all reasonable hours of the day to any and all parts
of and premises, to which water is or may be delivered, for the purposes of inspecting connections,
the conditions of conduits and fixtures, and the manner and extent in which the water is being used.
 The City does not, however, assume the duty of inspecting the customer's lines, plumbing and
equipment, and shall not be responsible therefore.

4.285 Responsibility for Customer Equipment.
               (1)     The City shall not be liable for any loss or damage of any nature whatsoever
caused by any defect in the customer's lines, plumbing or equipment, nor shall the City be liable for
loss or damage due to interruption of service or temporary changes in pressure.
               (2)     The customer shall be responsible for valves on the premises being turned
off when the water service is turned on.

4.290 Responsibility for City Equipment. City equipment on the customer's premises remains
the property of the City and may be repaired, replaced or removed by authorized City employees at
any time without consent of the customer. No payment shall be made to the customer for he right
to install, maintain, replace or remove City equipment on the premises. The customer must
exercise reasonable care to prevent damage to equipment and must in no way interfere with its
operation. The customer must keep vicious dogs or other animals secured or confined to avoid
interference with the utility operation and maintenance.

4.295 Damage to City Equipment. The customer shall be liable for any damage to equipment
owned by the City caused by an act of the customer or his/her tenants, agents, employees,
contractors, licensees or permittees. Damage to equipment shall include, but not be limited to,
breaking of seals and locks, tampering with meters, injury to meters, including but not limited to
damages by hot water, steam, or freezing, and damaged meter boxes, curb stops, meter stops, and
other service appurtenances.

4.300 Fire Hydrants.
                (1)     No person or persons other than those designated and authorized by the City
shall open any fire hydrant belonging to the City, attempt to draw water from it, or in any manner
damage or tamper with it. No tool other than a special hydrant wrench shall be used to operate a
hydrant valve. In cases where a temporary service has been granted and receives water through a
fire hydrant, an auxiliary external valve shall be provided to control the flow of water.
                (2)     When a fire hydrant has been installed in the locations specified by the
proper authority, the City has fulfilled its obligation. If a property owner or other party desires to
change the size, type or location of the hydrant, he/she shall bear all costs of such changes. Any
change in the location of the fire hydrant must be approved by the Public Works and Fire
Departments.




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4.305 Fire Protection Service. Fire protection facilities shall be allowed inside and/or outside of
a building under the following conditions:
                 (1)    When a building has a fire protection service which is separate from the
regular service to the building, an approved proportional meter or detector check may be used in
place of a service meter. The person in control of the building shall agree in writing that water
supplied through this service will not be used for any purpose except for extinguishing a fire. If
registration is recorded on the meter or detector check, the installation of a service meter or the
removal of the service may be required.
                 (2)    No charge shall be made for water used in the extinguishing of a fire if the
owner reports the use to the City in writing within 10 days of the fire.
                 (3)    Water may be obtained from fire protection facilities for filling a tank
connected with the fire services, but only if written permission is secured from the City in advance
and an approved means of measurement is available. The rate of general use shall apply.
[Amended by Ord. No. 6621, enacted June 17, 1991.]

4.310 Outside City Service. Service to customers outside the City limits shall be provided
subject to the following conditions:
                (1)     A customer shall comply with and be bound by the provisions of Sections
4.205 to 4.380.
                (2)     For those customers not on line on May 1, 1978:
                        (a)     The quantity of water supplied is the amount of excess water
                available.
                        (b)     Pressure and other conditions are to be at the risk of the customer
                without guarantee, and the City shall have no liability for failure to provide service
                or for any failure of the system.

4.315 Limitations on Use. The City Manager may limit the use of water in times of shortage to
all or any portion of the system.

4.320 Meter Accuracy. All meters shall be tested prior to installation. No meter shall be placed
in service or allowed to remain in service which is known to have an error in registration in excess
of two percent (2%) under conditions of normal operation.

4.325 Meter Test.
                (1) A customer may request the City to test the meter serving his/her premises. The
City shall require the customer to deposit a testing fee which shall be an estimate of the cost of
testing the meter as determined by the order of the Public Works Director. The test shall be
conducted within seven (7) days of the request. The deposit shall be returned to the customer if the
test reveals the meter to over-register more than two percent (2%) under conditions of normal
operation. If the meter is operating satisfactorily, or if the meter under-registers, the deposit shall
be retained by the City. Customers may, at their option, witness any meter tests which they
request.



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                                              Klamath Falls City Code



                (2)     If, upon comparison with past water usage, it appears that a meter is not
registering properly, the City may, at its option, test the meter and adjust the charges accordingly if
the meter either over-registers or under-registers. No charge for meter testing shall be made to the
customer for a meter test initiated by the City.
                (3)     Meter tests shall be conducted in accordance with standards of practice
established by the American Water Works Association.
[Amended by Ord. No. 6614, enacted Jan. 16, 1991; Amended by Ord. No. 6622, enacted July 17,
1991.]

4.330 Adjustment of Bills for Meter Error.
               (1)      No credits or debits on charges made prior to testing of the meter shall be
borne by the City or the customer should the tested meter show variance, high or low, from the
accuracy defined in Section 4.325.
               (2)     The City shall bill the customer for water consumed while the meter was not
registering. The bill shall be computed upon an estimate of consumption based upon the
customer's prior use during the same season of the year, or upon a reasonable comparison with the
use of other customers receiving the same class of service
during the same season and under similar circumstances and conditions.
               (3)      When an under or over billing occurs, the City shall provide written notice
to the customer detailing the circumstances, period of time, and amount of adjustment. If it can be
shown that the error was due to some cause, the date of which it can be fixed, the over or
undercharge shall be computed back to such date. If no date can be fixed, the City shall refund the
overcharge or rebill the undercharge for no more than six (6) months' usage. In no event shall an
over or under billing be for more than three (3) years' usage.
[Amended by Ord. No. 6622, enacted July 17, 1991.]

4.335 Unusual Demands. When an abnormally large quantity of water is desired for filling a
swimming pool, pond, or for other purposes, arrangements must be made with the City at least two
(2) days in advance of taking such water. Permission to take water in unusual quantities shall be
given only if the City water facilities and other consumers are not inconvenienced.

4.340 Resale of Water. Except by special arrangement with the City, no customer shall resell
water received from the City, nor shall water be delivered to premises other than those specified in
the application for service.

4.345 Abandoned and Nonrevenue-producing Services. When a service connection to a
premises has been abandoned or not used for a period of six (6) months or longer, the City may
remove it. New service shall be placed only upon the customer's application and payment of all
applicable charges.
[Amended by Ord. No. 6622, enacted July 17, 1991.]

4.350 [Repealed by Ord. No. 6614, enacted Jan. 16, 1991.]



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4.352 Main Extensions. Water main extensions to areas or property not presently served shall be
installed under procedures and standards established by the Public Works Director and shall be at
the expense of the developer or other party or parties requesting the extension. Drawings shall be
submitted to and approved by the Public Works Director prior to the start of construction. The size
and location of mains shall be approved by the City and all mains shall be located in public rights-
of-way or within dedicated easements. The party requesting the extensions shall reimburse the
City's cost of construction inspection. Each project shall be installed by City approved contractors
and the main extensions shall become the property of the City following final inspection and
acceptance by the City.
[Amended by Ord. No. 6614, enacted Jan. 16, 1991.]

4.355 Location of Extensions. Water main extensions shall be made only on rights-of-way,
easements, or publicly owned property. Easements or permits secured for main extensions shall be
obtained in the name of the City or transferred to the City, along with all rights and title to the
main, at the time the service is provided to the customers paying for this extension.

4.360 Interruptions in Service. The City shall not be liable for damage resulting from the
interruption of service or from a lack of service. Temporary suspension of service by the City for
improvements and repairs will be necessary occasionally. Whenever possible, and when time
permits, all customers affected shall be notified prior to shutdowns.

4.365 City Ownership of System. All water mains, valves, fittings, hydrants, and other
appurtenances, except "customer service lines" as defined in Section 4.210 shall be the property of
the City.

4.370 Special Contracts. When the applicant's requirements for water are unusual or large, such
as an independent water district, or the requirements necessitate considerable special or reserve
equipment or capacity, the City, by authorization of the Council, reserves the right to make special
contracts, the provisions of which are different from and have exceptions to the regularly published
water rates, rules and regulations. The special contract shall be in writing, signed by the applicant
and approved by the Council and City Attorney, and signed by the Mayor and Recorder.

4.375 Unauthorized Service Extensions. Service extensions from an existing service to other
occupancies or ownerships than that for which the existing service was intended is prohibited.
Separate residences shall not receive service through a single meter except under special
considerations approved by the Council.

4.380 Easements. Each applicant and user gives and grants to the City an easement and
right-of-way through, on and across his/her property for the installation and maintenance of water
mains and the necessary valves and equipment for water service.




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    WATER CURTAILMENT PLAN

    4.390 Definitions. The following words and phrases whenever used in Sections 4.390 to 4.395
    shall be construed as defined in this Section unless from the context a different meaning is clearly
    intended.
             Administrator. Public Works Director or his or her designee.
             Billing period. That period used by the City for the reading of water meters consisting of
    approximately thirty (30) calendar days.
             City water. Water sold or delivered through the City's water system.
             Customer. That person designated in City records to receive bills for water service.
             Nonessential commercial uses. Uses of the water for commercial purposes in excess of the
    following amounts are determined to be nonessential and are prohibited:
             (1)             The use of water for schools, parks, recreation areas, golf courses,
    community food gardens, residential gardens, cemeteries and similar recreation or memorial type
    facilities in excess of seventy-five percent (75%) of prior water consumption.
             (2)             The use of water for nursery operations, restaurants, shopping centers, filling
    stations and other commercial uses in excess of seventy-five percent (75%) of prior water
    consumption.
             Nonessential industrial uses. Uses of water for industrial purposes in excess of the
    following amounts are determined to be nonessential and are prohibited.
             (1)             The use of water for manufacturing, food processing, cooling or cleaning of
    equipment in excess of seventy-five percent (75%) of prior water consumption.
             (2)             The use of water for agricultural irrigation in excess of seventy-five percent
    (75%) of prior water consumption.
             Nonessential residential uses. Uses of water for residential purposes in excess of the
    following daily usage allotment are determined to be nonessential.
             (1)             One or two residential units.
                             Daily Usage Allotment.
P   One permanent resident - 120 gallons.
P   Two permanent residents - 200 gallons.
P   Three permanent residents - 280 gallons.
    Each additional permanent resident - 80 gallons.
             (2)             Multi-residential units.
                             Daily Usage Allotment.
    Each permanent resident - 80 gallons.
             Each water user or customer in whose name a water service is supplied to a residence or
    residences or apartments or other dwelling units, shall upon request of the City Administrator,
    advise the City under penalty of perjury, the number of permanent residents using water supplied
    to the residence, residences, apartments or other dwelling units. If the water user or customer fails
    to advise the City Administrator, each residence, apartment or dwelling unit shall be permitted the
    water allocation herein provided for one permanent resident.
             The usage allotments established for three (3) or more residential units should be based on
    the number of residential units rather than number of persons because the method of computation


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                                              Klamath Falls City Code



of allotments will more accurately reflect the true number of permanent residents living in the units
over a period of time in light of the turnover and vacancy rates, the difficulty of ascertaining the
true number of permanent residents residing and the available census and other statistical data.
        Other nonessential uses. All other uses of water not expressly set forth in Sections 4.390 to
4.395 in excess of seventy-five percent (75%) of prior water consumption are determined to be
nonessential and are prohibited.
        Outside plants. Irrigation of grass, lawns, ground-cover, shrubbery, gardens, crops,
vegetation and trees not located within a fully enclosed building.
        Permanent resident. A person who resides at the dwelling at least five (5) days a week,
nine (9) months a year.
        Prior year water consumption. The amount of water consumed in the same time period as
the first previous non-water curtailment year shall be determined by the City from its records.
Where no such records exist, the amount shall be the average use of similar existing services as
determined by the City from its records.
        Suburban area. Outside the City limits.
        Urban area. Inside City limits.
        Waste. Includes:
        (1) To use City water to irrigate outside plants between the hours of 10:00 a.m. and
8:00 p.m. (except for drip irrigation) or in such a manner as to result in runoff for more than five
(5) minutes.
        (2) To use City water to wash sidewalks, walkways, streets, driveways, parking lots, open
ground or other hard surfaced areas except where necessary for public health or safety.
        (3)            To allow City water to escape from breaks within a plumbing system for
more than twenty-four (24) hours after the person who owns or is in control of the system is
notified or discovers the break.
        (4)            To use City water to wash cars, boats, trailers, aircraft or other vehicles by
hose without using a shutoff nozzle except to wash such vehicles at commercial or fleet vehicle
washing facilities using water recycling equipment.
        (5)            To serve City water for drinking at a restaurant, hotel, cafe, cafeteria or other
public place where food is sold, served or offered for sale, to any person unless expressly requested
by such person.
        (6)            To use City water to clean, fill or maintain decorative fountains, lakes or
ponds unless all such water is recirculated.
        (7)            Except for purposes of building construction, to use City water for
construction, compaction, dust control, cleaning or wetting or for building washdown (except in
preparation for painting).
        (8)            To use City water for filling swimming pools or for filling toy, play or other
pools with a capacity in excess of one hundred (100) gallons provided, however, that water may be
added to swimming pools to replace volume lost due to evaporation.
[Added by Ord. No. 93-4, enacted March 31, 1993.]

4.391 Application. The provisions of Section 4.390 to 4.395 shall apply to all customers using
water provided by the City of Klamath Falls.


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[Added by Ord. No. 93-4, enacted March 31, 1993.]

4.392 Determination of Water Shortage.
                 (1)     The City Administrator is authorized to institute emergency water
curtailment measures upon determination that a water shortage emergency condition exists. Such
determination shall be based on an analysis of the demand for water in the distribution system and
the quantity of deliverable water available and storage recover capabilities.
                 (2)     The determination of the City Administrator under this Section shall be
effective until the next Council meeting following such determination, at which time the Council
shall either ratify or invalidate the determination.
                 (3)     The City Administrator is authorized to terminate water curtailment
measures upon determination that a water shortage emergency condition no longer exists. The
termination shall become effective at the next Council meeting following the determination of the
City Administrator at which time the Council shall either ratify or invalidate the determination.
[Added by Ord. No. 93-4, enacted March 31, 1993.]

4.393 Water Curtailment Levels. Depending on the severity of the potential water shortage, the
City Administrator may implement the following water curtailment levels. During any level, no
person shall waste City water.
                (1)    Level 1.        The City Administrator will issue a broad request for
voluntary reduction in water use by all city water users. The request will include a summary of the
current water situation, along with the reasons for the requested cutback in use and a statement that
mandatory cutbacks will be needed if the voluntary efforts do not reduce peak water use by ten
percent (10%).
                (2)    Level 2.        The City Administrator will issue a restriction on outside
water use in the suburban area according to odd/even water days and prohibit waste of water.
                (3)    Level 3.
                       (a)     The City Administrator will issue a restriction on outside water use
according to odd/even water days in the urban area.
                       (b)     The City Administrator will, in the suburban area, prohibit
nonessential residential, commercial, industrial and all other nonessential water uses. No City
water will be used to water outside plants except for trees, shrubs and food plants.
                       (c)     The City Administrator will place a moratorium on new water
service connections and water main extensions within the distribution system.
                (4)    Level 4. The City Administrator will, in the urban area, prohibit nonessential
residential, commercial, industrial and all other nonessential water uses. No City water will be
used to water outside plants except for trees, shrubs and food plants.
[Added by Ord. No. 93-4, enacted March 31, 1993.]

4.394 Penalties and Discontinuance of Service.
        (1)    The City Administrator may, after written notice by certified mail or personal staff
warning, disconnect the water service of any customer or private user that violates Sections 4.390
to 4.395 on two (2) or more days. Service so disconnected shall be restored only upon payment of


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any turn-on charge hereby fixed at Thirty-five Dollars ($35.00) during office hours or Sixty
Dollars ($60.00) after office hours and any other costs incurred by the City of Klamath Falls in the
discontinuance of service and the giving of suitable assurance to the City that the action causing
the discontinuance will not be repeated.
                (2)      In addition to the foregoing, the City may, prior to restoration of service,
install a flow restrictive device on the customer's service supply line that limits the rate of water
flow or total quantity used.
                (3)      The City Administrator is hereby authorized to enforce the provisions of this
Section.
[Added by Ord. No. 93-4, enacted March 31, 1993.]

4.395 Variances.
               (1)     The City Administrator may, in writing, grant temporary variances for uses
of water otherwise prohibited after determining that due to unusual circumstances to fail to grant
such variance would:
                       (a)     Cause an emergency condition affecting health, sanitation or fire
               protection of the applicant or the public.
                       (b)     Result in unemployment or decreased production, after confirmation
               by the City that the account has instituted all applicable water efficiency
               improvements.
               (2)     The City Administrator shall approve or deny the request for exemptions and
may impose conditions. Such conditions may include the amount volume restrictions may be
exceeded and that all applicable plumbing fixtures or irrigation system be replaced or modified for
maximum water conservation. If the City Administrator and the applicant are unable to reach
accord on the exemption or if the applicant is dissatisfied with the City Administrator's decision,
the applicant may appeal to the Council pursuant to Section 1.025 and the Council will make the
final determination. Any variance that has been ratified by Council may be revoked by later action
of the City Council.
               (3)     No such variance shall be retroactive or otherwise justify any violation of
Sections 4.390 to 4.395 occurring prior to issuance of temporary variance.
[Added by Ord. No. 93-4, enacted March 31, 1993.]




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PUBLIC BUILDING GEOTHERMAL ACT

4.400 Title and Scope.
              (1)    Sections 4.400 to 4.408 shall be known as the Public Building Geothermal
Act.
              (2)    All public customers receiving services from the City geothermal system are
bound by provisions of this Act.
[Added by Ord. No. 6450, enacted March 8, 1984.]

4.402 Definitions. The following terms, as used in Sections 4.400 to 4.408 mean:
                    BTU. British Thermal Unit.
                    Customer. A public entity which receives geothermal heat from the City.
[Added by Ord. No. 6450, enacted March 8, 1984.]

4.404 Service Charges. Upon activation of a service account, the customer shall become
responsible for the applicable service charges, which shall be set by Council resolution in
accordance with Subsection 4.020:
               (1)      Demand charge: the minimum per month for each active service account,
exclusive of heat rate and metered heat consumption. Such charge shall include amounts to cover
monitoring of the system and development of a contingency reserve fund.
               (2)      Public facility heat rate based on the meter BTU of heat consumed.
[Added by Ord. No. 6450, enacted March 8, 1984; Amended by Ord. No. 6477, enacted Nov. 11,
1984.]

4.406 Terms and Conditions of Heating Service.
                (1)     The City reserves the right to cease operation of the heating system, or any
part thereof, and cancel such services as may be provided by the system, for reasons of emergency
maintenance or because of adverse impact upon the geothermal reservoir as authorized by the City
Manager. Adverse impact is defined as test results outside the parameters established by the
computer model developed from the data collected during the 1983 reservoir test supervised by a
United States Geological Survey hydrologist. The City Manager shall diligently endeavor to
provide the earliest and widest possible customer notice prior to such emergency actions;
                (2)     The City may, by Council resolution, establish regular seasonal periods of
heating service operation and inoperation;
                (3)     The City shall assume no liability whatsoever, direct or implied, for any
customer damages or injuries incurred as a result of heating service interruption or cancellation,
when such interruption or cancellation is due to circumstances beyond the control of the City, or
due to operational actions authorized by this Act;
                (4)     The City shall not warrant or guarantee the temperature or chemical quality
of the fluid delivered to customer, nor assume any liability whatsoever, direct or Implied, for
corrosion, scaling, or similar physical degradation of user pipelines or private heating or cooling
equipment utilized beyond each service connection. [Added by Ord. No. 6450, enacted March 8,
1984.]


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4.408 Additional Terms and Conditions. In addition to those terms and conditions set forth in
Section 4.406, all City heating services shall be subject to those like terms and conditions of water
service set forth in Sections 4.260 to 4.295, hereby specifically made applicable to geothermal
heating service.
[Added by Ord. No. 6450, enacted March 8, 1984.]




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SEWER USER RATE

GENERAL

4.415 Purpose and Policy. Sections 4.415 to 4.425 hereinafter referred to as "User Rate
Ordinance" set forth uniform requirements for establishing a system of user charges based on
actual or estimated use of wastewater treatment services, in which each user class pays its
proportionate share of operation and maintenance (including replacement) costs. This enables the
City to comply with applicable State and Federal laws required by the Clean Water Act of 1977
and the User Charge Regulations (40CFR, Part 35.929). The objectives of this User Rate
Ordinance are:
                (1)       To establish classes of users having similar flows and wastewater
characteristics; i.e., levels of biochemical oxygen demand, suspended solids, etc.
                (2)       To assign to each class, its share of the waste treatment works operation and
maintenance costs based on the proportional contribution of the class to the total treatment works
loading.
                (3)       To establish procedures for management of the Sewer Fund and for rate
reviews and customer notification which will distribute the cost of operation and maintenance of
the wastewater treatment works to the pollutant source and will promote self-sufficiency of
treatment works with respect to operation and maintenance costs. This User Rate Ordinance
provides for the financial management of the Sewer Fund, for the allocation of costs to user
classes, and for the setting of fees for the equitable distribution of cost to the classes based on their
use of the treatment systems. This User Rate Ordinance shall apply to the City of Klamath Falls
and to persons outside the City who are, by contract or agreement with the City, Users of the City
Publicly Owned Treatment Works (POTW), and are required by such contract or agreement to
comply.
[Added by Ord. No. 6497, enacted Sept. 3, 1985.]

4.416 Abbreviations. The following abbreviations shall have the designated meanings.

             BOD            Biochemical Oxygen Demand
             CRF            Code of Federal Regulations
             EPA            Environmental Protection Agency
             l              liter
             mg             milligrams
             mg/l           milligrams per liter
             O & M Operations and Maintenance
             NPDES          National Pollutant Discharge Elimination System
             POTW           Publicly Owned Treatment Works             TSS                        Total
Suspended Solids
[Added by Ord. No. 6497, enacted Sept. 3, 1985.]




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4.417 Definitions. Unless the context specifically indicates otherwise, the following terms and
phrases, as used in this User Rate Ordinance, shall have the meanings hereinafter designated:
                        Act. The Clean Water Act (33 U.S.C. 1251 et. seq, as amended).
                        Biochemical Oxygen Demand. The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure, five (5) days of
twenty degrees (20E) centigrade, expressed in terms of weight and concentration (mg/l).
                        Collector Sewer. The common lateral sewers, within a publicly owned
treatment system, which are primarily installed to receive wastewater directly from facilities which
convey wastewater from individual systems, or from private property.
                        Combined Sewer. A sewer that is designated as a sanitary sewer and a storm
sewer.
                        Director. The City Public Works Director or his duly authorized
representative.
                        Environmental Protection Agency. The U.S. Environmental Protection
Agency or, where appropriate, the Administrator or other duly authorized official of said agency.
                        Industrial User. Any nongovernmental, nonresidential user of a publicly
owned treatment works which is identified in the Standard Industrial Classification Manual, 1972,
Office of Management and Budget, as amended and supplemented, under one of the following
Divisions: A, B, D, E. I.
                        Operation and Maintenance. Activities required to assure the dependable and
economical function of the treatment works:
                        (a)      Maintenance: Preservation of functional integrity and efficiency of
equipment and structures.
                        (b)      Operation: Control of unit processes and equipment. Includes
financial and personnel management, records, laboratory control, process control, safety and
emergency operation planning.
                        Premises Served. Any lot, tract, or parcel of land using a City sewer, or
within 200 feet of an available sewer when the premises are put to a use which requires sewage
facilities, though not connected with such facilities.
                        Replacement. Expenditures for obtaining and installing equipment
accessories, or appurtenances which are necessary to maintain the capacity and performance during
the service life of the treatment works for which such works were designed and constructed. The
term "operation and maintenance" includes replacement.
                        Residential Customers. All customers who own or occupy buildings and
structures that are used solely as individual dwelling units.
                        Sanitary Sewer. A conduit intended to carry liquid and water-carried wastes
from residences, commercial buildings, industrial plants and institutions together with minor
quantities of ground, storm, and surface waters that are not admitted intentionally.
                        Storm Sewer. A sewer designed to carry only storm waters, surface runoff,
street wash water, and drainage.
                        Treatment Works. Any devices and systems for the storage, treatment,
recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial waste to



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implement Section 201 of the Act, or necessary to recycle or reuse water at the most economical
cost over the useful life of the works.
                       User Charge. A charge levied on users of a treatment works, or that portion of
the ad valorem taxes paid by a user, for the user's proportionate share of the cost of operation and
maintenance (including replacement) of such works under Sections 204 (b) (1) (A) and 201 (h) (2)
of the Act and subpart 35.
                       Water User. Any person who uses any private or public water supply and
whose premises are served by the City sewer system.
[Added by Ord. No. 6497, enacted Sept. 3, 1985.]

4.418 Designation of User Classes. Classes of users are established by grouping and designating
in separate categories, those users having similar flows and wastewater characteristics; i.e., levels
of BOD, TSS, etc. The classes are established as follows:
                 Residential I: Single-family and duplex dwelling.
                 Residential II: Multifamily dwellings, which include apartments, trailer courts
with a single metered connection, or any other unit comprised of three (3) or more dwelling units.
                 Commercial I: Users of a commercial nature which discharge wastewater having a
strength of 0 to 400 mg/l, with strength defined as BOD or TSS concentration, whichever is higher.
                 Commercial II: Those users discharging wastewater in quantity exceeding 25,000
gallons per day or having a strength exceeding 400 milligrams per liter.
[Added by Ord. No. 6497, enacted Sept. 3, 1985; Amended by Ord. No. 6518, enacted Nov. 17,
1986; Amended by Ord. No. 94-32, enacted Oct. 20, 1994.]

4.419 Assessment of Charges. Just and equitable charges and fees shall be paid for the use of all
existing and future sewer systems of the City by each person in control of premises served or by
the water users upon such premises. The charges and fees shall consist of the following:
                 (1) Sewer Connection Fee. The sewer connection fee shall be established by
Council resolution and shall include the Systems Development Charge imposed by Sections 3.505
et.seq. together with the City's connection cost represented by the average cost of inspecting and
installing sewer connections.
                 (2)     User Service Charges. The user charges distribute the cost of operation and
maintenance of the treatment works to each user class in proportion to the contribution of each
class to the total waste water loading of the treatment works. Factors such as strength, volume, and
delivery flow rate characteristics shall be considered and included as the basis for the user class
contribution to ensure a proportional distribution of operation and maintenance costs to each user
class.
[Added by Ord. No. 6497, enacted Sept. 3, 1985; Amended by Ord. No. 6621, enacted June 17,
1991; Amended by Ord. No. 6623, enacted July 1, 1991; Amended by Res. 03-05, enacted Feb. 4,
2003.]




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4.420 User Charges.
                (1)      The user charges shall be based on the following factors for each class:
                Residential I & II and Commercial I: The sewer service charge may be based on
                the level of water usage or a flat monthly rate.
                Commercial II: The sewer service charge shall be based on the level of water
                usage plus a strength surcharge.
                (2)      A monthly charge based on consumption may provide for a minimum usage
charge and may be structured to provide a flat rate during the irrigation season based on the actual
charges during the non-irrigation season. For new service accounts during the irrigation season, a
flat monthly rate may be established to be used until actual non-irrigation measurements are
available.
                (3)      In the event a consumption rate basis is adopted for Commercial I and
provisions for an irrigation season adjustment is adopted, the Director is authorized to place those
Commercial I users who do not have irrigation needs, into a year round consumption based billing.
                (4)      Consumed water shall be measured by City of Klamath Falls water meters.
If the meter is not functioning charges shall be based on the previous average use.
                (5)      In cases where a water user uses the City's sewer system but has a water
source or any part thereof metered privately or by a supplier other than the general water system
supplier, such water user shall, upon written request, report the amount of water used in any given
period to the City or its designated agent. The City or its agent may inspect and read such meters at
all reasonable times for purposes of determining water consumption.
                (6)      In cases where a water user uses the sewer system of the City, but whose
water source or any part thereof is not metered and for geothermal water discharged to the City
sewer system, such person, upon written notice from the Public Works Department, shall at his/her
own expense install an appropriate water meter or meters in order to measure the amount of water
consumed, or install an appropriate meter or meters, in order to measure the actual flow contributed
into the City's sewer system.
                (7)      Charges to persons and businesses located in the City of Klamath Falls for
sewer service not furnished but which abuts the property line shall be fifty percent (50%) of the
monthly charge that would be required for persons or businesses in that classification that are
furnished sewer service unless a waiver is granted and further provided that the person or business
makes written application for the fifty percent (50%) rate to the Department of Public Works and
the Department approves said application after first determining that there is no sewer hookup.
The reduced rate shall only become effective for the billing periods after the date of the
application.
[Added by Ord. No. 6497, enacted Sept. 3, 1985; Amended by Ord. No. 6551, enacted April 4,
1988; Amended by Ord. No. 94-32, enacted Oct. 20, 1994; Amended by Res. 03-05, enacted Feb.
4, 2003.]




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4.421 Sewer Capital Expansion Fund. The Sewer Capital Expansion Fund is established to
provide accounting of revenue from wastewater Systems Development Charges, improvement fees.
 Expenditures from this fund shall only be used for capacity increasing capital improvements,
including expenditures relating to repayment of future debt for the improvements.
[Added by Ord. No. 6497, enacted Sept. 3, 1985; Amended by Ord. No. 6623, enacted July 1,
1991.]

4.422 [Repealed by Ord. No. 6623, enacted July 1, 1991.]

4.423 O & M Allocation. Procedures shall be established to insure that the user charge system
generates sufficient revenue to offset the cost of all pretreatment works operation and maintenance.
 The following guidance shall apply:
                (1)     The distribution of O & M costs to user classes in proportion to each user
class contribution to total wastewater loading shall be accomplished as follows:
                        (a)     Determine user service charge revenue required by considering
projected O & M costs, equipment replacement, miscellaneous user charge revenue, any surplus
funds from user charges in the previous year.
                        (b)     Establish system loading and class loading values from treatment
plant and billing data.
                        (c)     Allocate cost to system processes and loadings.
                        (d)     Using system loadings and costs, compute unit costs. ($/1000 Gal.
Flow, $1,000 lbs. BOD, etc.)
                        (e)     Determine loading attributable to user classes.
                        (f)     Apply unit costs to class loading values to compute total costs
allocated to each class, $/year.
                        (g)     Using the annual costs for each class and the annual basis of the rate
schedule for that class (monthly, per hcf, etc.) compute the user charge rate for each class.
                        (h)     Apply any excess revenues collected from a class of users to the
costs of operation and maintenance attributable to that class for the next year, and adjust the rate
accordingly.
                (2)     For the first year of operation, O & M costs shall be based upon experience
for the existing treatment works.
                (3)     The user charges shall be reviewed annually as described in Section (1)
above, and revised periodically to reflect actual treatment works operation and maintenance costs.
                (4)     Each user shall be notified annually in conjunction with a regular bill, of the
rate and portion of charges attributable to wastewater treatment services.
[Added by Ord. No. 6497, enacted Sept. 3, 1985.]

4.424 Appeal. Those users classified as Residential II or Commercial I or II who disagree with
the classification as established by the City of Klamath Falls shall serve written notice upon the
City along with a deposit of One Hundred Dollars ($100.00) requesting that the sewer service
charges be adjusted because the metered flow of water contains non-sewer flows that should be
excluded from the billing rate, or to request a change of classification because of the sewage


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strength. The Public Works Director shall initiate a procedure to determine the amount of
non-sewer flow or the strength of sewage discharged by a commercial establishment. Users
requesting a change shall be responsible for all costs incurred, which include, but are not limited
to, the following: Testing services, professional engineering or scientific services, excavation
costs, labor costs, and administrative costs. If the deposit is not sufficient to cover the cost
incurred in the aforementioned tests, the City shall bill the user for the balance. If the deposit is
more than the costs incurred in performing the tests, the balance shall be remitted to the User. The
decision of the Public Works Director shall be final, subject only to the Appeal procedure
described below.
[Added by Ord. No. 6497, enacted Sept. 3, 1985.]
4.425 Administration and Uniform Appeal and Hearing Procedure. Administrative details
and Hearing Procedures shall be as described in Sections 4.005 through 4.060 and Sections 1.025
through 1.050 respectively.
[Added by Ord. No. 6497, enacted Sept. 3, 1985.]

4.426 Enforcement. The administration of the User Charge System and the enforcement and
collection of user charges shall be the responsibility of the Finance Division in cooperation with
the Department of Public Works. Specific actions regarding billing and payment, delinquent
accounts, nonpayment shall be as prescribed in applicable Sections 4.005 through 4.060.
[Added by Ord. No. 6497, enacted Sept. 3, 1985.]




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FRANCHISES

4.505 Special Enabling Ordinances. The Council may adopt special ordinances and amend such
ordinances from time to time providing the technical, procedural, and administrative criteria for the
issuance of franchises, when such services are performed for other persons for hire or profit, for the
following:
                (1)     Cable television.
                (2)     Garbage removal.
                (3)     Telephone.
                (4)     Electricity.
                (5)     Gas.
                (6)     Motor buses as defined in ORS 483.014(1).
                (7)     Such other businesses which case law or statute authorizes the City to
franchise.

4.510 Special Franchising Ordinances. The Council, pursuant to criteria established by special
enabling ordinance as provided in Section 4.505 may issue franchises by special ordinance for
conducting the public services enumerated in Section 4.505.

4.515 Franchise Required. No person shall operate or maintain within the City a public service
of the kind enumerated in Section 4.505 for which a franchise special enabling ordinance pursuant
to that section has been enacted without having first obtained a franchise from the City. No
franchise issued by the City shall be exclusive.

4.520 Compliance with Franchise. No person who has obtained a franchise pursuant to Section
4.510 shall conduct, operate or maintain the public service franchise in any manner inconsistent
with the terms, provisions or regulations of the special enabling ordinance criteria enacted pursuant
to Section 4.505.




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STREET LIGHT UTILITY DISTRICTS

4.600 to 4.665          [Repealed by Ord. No. 93-21, enacted Jan. 1, 1994.]

STREET LIGHTING UTILITY ACT

4.700 Title. Section 4.700 to 4.730 shall be known as the Street Lighting Utility Act.
[Added by Ord. No. 93-21, enacted Jan. 1, 1994.]

4.705 Purpose and Intent.
                (1)    The principal purpose of street lighting is to produce quick, accurate and
comfortable vision at night. These qualities combine to safeguard, facilitate and encourage
vehicular and pedestrian traffic. The Council also finds that good street lighting provides several
economic and social benefits to the public, including:
                       (a)      Reduction in night accidents
                       (b)      Safer and easier pedestrian traffic.
                       (c)      Prevention of crime and aiding police protection.
                       (d)      Facilitation of traffic flow.
                       (e)      Promotion of business and industry during night hours.
                       (f)      Promotion of community spirit and growth.
                (2)    It is the intent of this Act to provide a utility based funding mechanism to
pay for benefits conferred on City residents by street lights using the authority conferred upon the
City by Charter Sections 4 and 5; and further to bring all neighborhoods within the City up to
acceptable lighting levels.
                (3)    The structure of this lighting utility is intended to be a fee for service and not
a charge against property. The person responsible for paying the City's water and sewer utility
charges is responsible for paying the street light fee which in most cases is the occupant of
improved property. Therefore, the fee is not necessarily imposed on the owner of the property and
no provision is made herein for making unpaid charges a lien on the owner's property.
[Added by Ord. No. 93-21, enacted Jan. 1, 1994.]

4.710 Imposition of Street Lighting Fee.
                 (1)     Except as the fees may be reduced or eliminated under Subsection 4.725(2),
the obligation to pay street lighting fees arises when a person responsible uses street lighting
services. It is presumed that street lighting services are used whenever there is an improved
occupied premises.
                 (2)     Unless another person responsible has agreed in writing to pay and a copy of
that writing is filed with the City, the person(s) paying the City's water and/or sewer utility charges
shall pay the street lighting fee of Two Dollars ($2.00) per month. A request for water or sewer
service will automatically initiate appropriate billing for street lighting services. If there is no
water or sewer service to the property or if water and sewer service is discontinued, the street
lighting fees shall be paid by the person(s) occupying the property. [Added by Ord. No. 93-21,
enacted Jan. 1, 1994.]


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4.715 Collection. Street lighting utility fees shall be collected monthly. Statements for the user
fee shall be on the City utility billing sent and fees collected pursuant to Sections 4.035 and 4.055.
[Added by Ord. No. 93-21, enacted Jan. 1, 1994.]

4.720 Dedication of Funds. All street lighting utility fees and those revenues derived from the
additional electric franchise fee shall be placed in a separate fund and shall be used only for the
installation, maintenance, administration and operation of street lights and for no other purpose.
[Added by Ord. No. 93-21, enacted Jan. 1, 1994.]

4.725 Exemptions.
                 (1)     There shall be no charge for those neighborhoods which are not lighted by
City street lights until such time as street lights are installed.
                 (2)     Upon application by the customer and verification, the monthly street
lighting utility fee shall be reduced to One Dollar ($1.00) per month for those residential premises
at which no occupant owns or operates a motor vehicle.
                 (3)     Any residential area of the City shall be excluded from the provision of
street lights and from the monthly Two Dollar ($2.00) fee under the following conditions:
                         (a)     The area to be excluded consists of at least four (4) City blocks or
                 five (5) intersections, and
                         (b)     At least Fifty-One percent (51%) of the utility customers in the area
                 sign a petition to be excluded.
Petitions showing the area to be excluded, locating the lights to be removed and listing the area's
utility customers from whom signatures shall be collected shall, on request, be prepared by the City
Attorney's office.
[Added by Ord. No. 93-21, enacted Jan. 1, 1994.]

4.730 Lighting Standards.
                (1)    The May 1, 1989 Street Lighting Modernization Plan proposed by Pacific
Power & Light Company is hereby adopted as the City's Master Plan for street lighting. New
lights shall be added and existing street lights upgraded in conformance with said plan.
                (2)    Within sixty (60) months from the date of this Act, all lighting within the
City shall be brought up to the standards of the master plan.
                (3)    The Public Works Department may make minor modifications from the Plan
to accommodate changed or extenuating circumstances or reasonable requests from the affected
neighborhood residents provided the purposes of this Act continue to be met.
[Added by Ord. No. 93-21, enacted Jan. 1, 1994.]




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PENALTIES

4.990 Penalties.
                (1) A violation of any provision of Sections 4.020 to 4.380 shall be punishable by a
fine not to exceed Five Hundred Dollars ($500.00).
                (2)     (a) When not otherwise provided by the special enabling ordinance enacted
pursuant to Section 4.505, a violation of any provision of Sections 4.505 to 4.520 or any of the
provisions or ordinances enacted thereunder shall be punishable by a fine not to exceed Five
Hundred Dollars ($500.00).
                (b) Each day's violation as determined by Subsection (2) (a) shall constitute a
separate violation.
                (c) As an additional penalty for a violation as determined by Subsection (2) (a), the
Council may, upon notice and an opportunity to be heard, revoke the franchise granted under
Section 4.510.

4.992 Pretreatment Penalties. Any User who willfully or negligently fails to comply with any
provision of the Pretreatment Act, and the order, rules, regulations, and permits issued thereunder,
shall be fined not more than One Thousand Dollars ($1,000.00) for each offense. Each day on
which a violation shall occur or continue shall be deemed a separate and distinct offense. In
addition to the penalties provided herein, the City may recover reasonable attorneys' fees, court
costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the
person found to have violated this Pretreatment Act or the orders, rules, regulations and permits
issued hereunder. [Added by Ord. No. 6421, enacted June 30, 1983;Amended by Ord. No. 6648,
enacted Dec. 18,1992.]

4.994 Falsifying Information. Any person who knowingly makes any false statements,
representation or certification in any application, record, report plan or other document filed or
required to be maintained pursuant to the Pretreatment Act, or Wastewater Contribution Permit, or
who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method
required under the Pretreatment Act, shall, upon conviction, be punished by a fine of not more than
One Thousand Dollars ($1,000.00).
[Added by Ord. No. 6421, enacted June 30, 1983; Amended by Ord No. 6648, enacted Dec. 18,
1992.]




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                                     SCHEDULE 4-A

                         WATER RATES, CHARGES AND FEES

Nature or Action

SERVICE CONNECTION CHARGE
 Meter Size                                                                 Fee

 5/8" & 1" (Meter and appurtenances only, no permitting or                  $ 225.00
           Mechanical excavating required)
 5/8" & 1" Complete installation                                            $1,050.00
 1 2"       Complete installation                                           $1,500.00
 2"         Complete installation                                           $1,850.00

Costs resulting from pavement replacement, concrete replacement or landscape reconstruction are
in addition to these basic charges. Pavement, concrete or landscaping costs will be billed to the
applicant at cost, plus a 15% administrative fee.

Persons requesting a service size larger than 2" shall submit construction plans, signed by an
Engineer licensed in Oregon, to the Public Works Department. Plan approval and construction will
proceed as described in the City of Klamath Falls, Department of Public Works, Design Standards
Manual. All costs associated with the Plan approval and the construction process shall be the
responsibility of the applicant.
[Res. No. 3335; Amended by Res. No. 02-37, effective June 5, 2002.]


SYSTEMS DEVELOPMENT CHARGE                                                        Res. No. 3354

(addressed in Schedule 3.-B).




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WATER SERVICE CHARGES

[Amended by Res. No. 3163, effective Jan. 19, 1988; Amended by Res. No. 3301, effective May
21, 1990; Amended by Res. No. 93-33, effective Nov. 1, 1993; Amended by Res. No. 94-33,
effective No. 1, 1994; Amended by Resolution No. 96-34 & Adm. Order dated 1-2-97; Amended
by Adm. Order dated 1-1-99; Amended by Adm. Order dated 1-1-00; Amended by Adm. Order
dated 1-2-01; Amended by Adm. Order dated 1-1-02; Amended by Res. No. 02-06, effective Feb.
15, 2002, Amended by Res. No. 02-06, effective Feb. 15, 2002; Amended by Adm. Order dated 1-
2-03; Amended by Adm. Order dated 1-2-04; Amended by Adm. Order dated 1-3-05, Amended by
Adm. Order dated 1-3-06; Amended by Adm. Rate Order dated 1-2-07; Amended by Res. No. 07-
34, enacted 9-5-07; Amended by Utility Rate Order dated 1-2-08; Amended by Utility Rate Order
dated 1-2-09; Amended by Utility Rate Order 1-2-10.]

Customer Charge: $1.29 (all meter sizes)

Meter Size          Capacity Charge         Consumption inside City Consumption
                                                                         outside City

5/8"`                 $ 1.29                    $1.76 per unit             $2.08 per unit
1"                    $ 3.25                    $1.76 per unit             $2.08 per unit
1 2"                  $ 6.46                    $1.76 per unit             $2.08 per unit
2"                    $ 10.34                   $1.76 per unit             $2.08 per unit
3"                    $ 19.38                   $1.76 per unit             $2.08 per unit
4"                    $ 32.31                   $1.76 per unit             $2.08 per unit
6"                    $ 64.64                   $1.76 per unit             $2.08 per unit
8"                    $103.38                   $1.76 per unit             $2.08 per unit

Annual Cost of Living Increase - (Resolution 94-7 & 96-34)

Effective January 1st of each calendar year the sewer service charges and water service charges
shall be adjusted to reflect the annual percentage increase or decrease in the cost-of-living as
measured by the National (U.S. City Average) CPI-U for the preceding September to September
period.

TURN-ON/TURN-OFF (New Account Fee)

Between 8:00 a.m. &
4:30 p.m.                          $15.00                            Res. No. 2862

All other times                    $35.00                            By order of 12-8-81

Irrigation Meters                  No Charge                         Res. No. 2681




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Nature or Action                        Fee                               Basis


PRIVATE FIRE SERVICE
[Amended by Res. #98-37, effective 9-21-98; Amended by Rate Order dated 1-3-00; Amended by
Res. #00-20, effective April 17, 2000; Amended by Rate Order dated 1-2-01; Amended by Rate
Order dated 1-2-02; Amended by Res. No. 02-06, effective Feb. 15, 2002; Amended by Adm. Rate
Order dated 1-2-04; Amended by Adm. Rate Order dated 1-3-05, Rate Order dated 1-3-06;
Amended by Utility Rate Order 1-2-07; Amended by Utility Rate Order 1-02-09; Amended by
United Rate Order 1-2-10.]

PRIVATE FIRE SERVICE:                Monthly Charge

12@ connection or smaller             $ 4.70
2" connection                         $ 8.28
3" connection                         $13.06
4" connection                         $18.61
6" connection                         $37.17
8" connection                         $55.73
10" connection                        $92.91
Maintenance                           $10.00/month

Fire hydrant installation - $2,000.00 deposit – City will bill customer for additional labor and
material (concrete, asphalt & landscape repairs) plus 15% administrative fee.
Fire Hydrant Fee [rescinded by Res. No. 98-37, effective 9-21-98.]




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                                        SCHEDULE 4-B

                              SEWER CHARGES AND RATES

SYSTEMS DEVELOPMENT CHARGE

[Repealed by Res. No. 96-36, effective Sept. 16, 1996; Amended by Ord. No. 02-27, enacted Jun 5,
2002 (addressed in Schedule 3-b)]

SEWER SERVICE CHARGES

[Amended by Res. No. 3163, effective Jan. 19, 1988; Amended by Res. No. 3301, effective May
21, 1990; Amended by Res. No. 93-33, effective Nov. 1, 1993; Amended by Res. No. 94-33,
effective No. 1, 1994; Amended by Resolution No. 96-34; Amended by Adm. Order dated 1-2-97;
Amended by Adm. Order dated 1-1-99; Amended by Adm. Order dated 1-1-00; Amended by Res.
No. 00-13 dated 3-20-00; Amended by Resolution No. 00-25 dated 5-15-00; Amended by Ord. No.
00-71, effective 1-1-01; Amended by Adm. Order dated 1-2-01; Amended by Rate Order dated 1-
2-02; Amended by Rate Order dated 1-2-03; Amended by Res. No. 03-05, enacted Feb. 4, 2003;
Amended by Rate Order dated 1-2-04; Amended by Res. No. 04-17; Amended by Rate Order dated
1-3-05, Amended by Rate Order dated 1-3-06; Amended by Rate Order dated 1-2-07; Amended by
Utility Rate Order dated 1-2-08; Amended; Amended by Utility Rate Order dated 1-2-09;
Amended by Res. No. 09-33; Amended by Utility Rate Order 01-02-10.]

SEWER SERVICE CHARGE

CUSTOMER CLASS DESCRIPTION                               RATE
Residential I  Single Family Dwelling                    $6.96 per hcf per month*
Residential II Multi-Family Dwelling                     $5.41 per hcf per month*
Commercial I   Commercial                                $6.95 per hcf per month*
Commercial II Industrial                                 $3.43 per hcf per month**
                                                               plus strength surcharge

There shall be a two (2) unit minimum charge each month for all users.

*Charges are based on actual water consumption during billing period 12 of one year through
billing period 3 of the next year (Awinter season@). Monthly charges for billing periods 4 through
11 of each year (Airrigation season@) shall be a flat monthly charge equal to the average of monthly
water unit usage for the prior Awinter season@. Commercial I users which do not have landscaping
requiring irrigation water shall pay charges based on actual water usage through the entire year.

** Strength Surcharge to be calculated on an individual basis.
                                           FLAT RATES:

NEW ACCOUNTS:      A flat rate shall be charged for new accounts opened April 1 to October 31 of
each year when there are not at least 3 readings during the Awinter season@ to calculate an average
for Airrigation season@ billings. New account flat rates shall be as follows:

DESCRIPTION                       RATE
Single Family                     $55.68
Duplex                            $55.68
Multi-Family                      $59.51

INADEQUATE WINTER HISTORY:        If an account has fewer than 3 actual consumption readings during
the Awinter season,@ because water is not being consumed, the account shall be charged the new
account flat rate during the Airrigation season,@ or, at customer request, a charge based on actual
water consumption.

The following shall have the meaning ascribed:

   Multi-Family Dwelling: a structure containing three or more residential dwelling units.

   Commercial: All non-residential, non-industrial users.

   Industrial:    A significant Industrial Discharger as defined by Klamath Falls City Code
                  Section 4.136.

   hcf:           One hundred cubic feet.


Annual Cost of Living Increase - (Resolution 94-7)

   Effective January 1st of each calendar year the sewer service charges and water service
   charges shall be adjusted to reflect the annual percentage increase or decrease in the cost-
   of-living as measured by the national (U.S. City Average) CPI-U for the preceding
   September to September period.
                                        SCHEDULE 4-C

                                      UTILITY REBATE


Criteria                  Rebate         Basis

Low income                $65.00 per
senior citizens:          utility account Res. No. 3223


Income: Current levels by family size under Section 8 of the Housing assistance guidelines of the
U.S. Department of Housing and Urban Development for low income persons in Klamath County.

Sixty (60) years of age or older.

A resident within the City corporate boundary.

The principal resident of the service address.

[Amended by Resolution No. 00-21, enacted April 18, 2000.]
                                        SCHEDULE 4-D

                                     MICHIGAN STREET
                                      GEOTHERMAL

[Added by Res. No. 3064, effective November 18, 1985; Amended by Res. No. 93-36, effective
December 1, 1993.]

Thermal Load. Using the Simplified Energy Analysis (SEA) Version 5 computer program
developed by Ferreira and Kalasinsky, Associates, Inc. of Norton, Maine, the annual thermal load
of each Michigan Street residence serviced by the City's geothermal system shall be computed
based on the following criteria.

a. square footage of the resident,

b. the number, size and type of windows,

c. the insulation and other weatherization features; and

d. the number of stories.

Rate Change. Using the computed annual thermal load of each residence, a geothermal service
charge shall be imposed equal to seventy-five percent (75%) of the cost of supplying such a
thermal load by use of natural gas, according to local natural gas rates. This annual service charge
shall then be divided in to twelve (12) equal monthly charges which the City shall bill on its
monthly utility billing, or in the alternative, in such manner as mutually agreed to by the City and
Customer.

Adjustments. In the event changes to the residence alter the criteria listed in Section 1 or in the
event the local natural gas rate is changed, the thermal load shall be recalculated and adjustments
shall be made to the service charge to reflect such changes.

Service Contracts. The Public Works Department is directed to compute the annual thermal loads
and the resulting service charges to be incorporated into individual service contracts prepared by
the City Attorney. The City Manager is authorized to execute such service contracts on behalf of
the City. No geothermal service shall be provided to any residence beyond
                                   January 1, 1994, except through a service contract prepared
pursuant to the terms of this resolution.
                                        SCHEDULE 4-E

                        GEOTHERMALLY HEATED SIDEWALKS

[Added by Res. No. 96-1, effective February 6, 1996.]

    The annual energy charge for sidewalk and crosswalk snowmelting for the downtown area shall
be $.25/square foot of heated area.

    The Urban Renewal District shall be responsible for the energy charge assessed for all
crosswalks and for the sidewalk corners at all intersections. The District shall be billed annually.

    The City utility customers for the premises adjacent to heated sidewalk areas shall be
responsible for the energy charge for the sidewalk. These utility customers shall be billed at a flat
monthly rate equal to 1/12 of the annual energy charge attributable to the sidewalk adjacent to their
premises. This geothermal billing shall be included on the customers monthly City utility bill.

    The energy charge is applicable to those premises currently being served with adjacent
geothermally heated sidewalks and to those premises which may be included in the system in the
future. In the event the customer fails to pay in full the billing by the date due, the City may
discontinue geothermal heating service adjacent to the premises, or seek such other relief as may
be available by law. Collection shall generally be governed by Code Sections 4.005 to 4.060.
                                      SCHEDULE 4-F

                                      LOCAL LIMITS

[Added by Resolution No. 3313, Enacted July 16, 1990.]


   Local limits pursuant to Klamath Falls City Code Section 4.139(5) of the City's Pretreatment
Act shall be as follows:


                   CONSTITUENT                             LOCAL LIMIT, MG/L

                   Arsenic                                 2.8
                   Cadmium                                 0.26
                   Chromium                                3.0
                   Copper                                  2.1
                   Cyanide                                 1.3
                   Lead                                    1.4
                   Mercury                                 0.005
                   Nickel                                  6.7
                   Silver                                  0.35
                   Zinc                                    2.6
                             Klamath Falls City Code



                               5. PUBLIC PROTECTION


GENERAL
5.005        Definitions
5.010        Offenses Outside the City Limits
5.015        Soliciting or Confederating to Violate Chapter Provisions
5.020        Attempt to Commit Offenses
5.025        Enforcement by Citation

MAJOR OFFENSES
5.200    Definitions
5.209    Interference with Public Officers
5.214    Failure to Appear
5.217    Disorderly Conduct
5.240    Prohibited Camping
5.242    Begging
5.290    Penalty

MINOR OFFENSES
5.300    Definitions
5.302    Trespass
5.304    Fireworks
5.308    Prohibition of Unaccompanied or Unemancipated Minors From Being in Public
         Places During Certain Hours
5.310    Leaving Certain Minors in Vehicles
5.314    Criminal Mischief
5.315    Sale of Spray Paint to and Possession by Minors
5.318    Unreasonable Noise
5.321    Abusive Language or Gesture
5.326    Discharge of Firearms
5.328    Bows and Crossbows
5.330    Slingshots, Slippers and Air Guns
5.332    Trapping of Animals
5.334    City Parks
5.336    Summary Destruction of Dangerous Dogs
5.338    Feeding of Wild Animals Prohibited
5.390    Penalty
5.392    Confiscation and Destruction




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ALCOHOL AND DRUGS
5.400     Definitions
5.402     Providing Liquor to Persons Under 21
5.406     Purchase or Possession of Liquor by Minor; Entry of Licensed Premises by Minor
5.428     Defense of Written Age Statement
5.438     Public Drinking
5.440     Noxious Substances

DRUG-FREE ZONE ACT
5.450    Drug-Free Zones Act
5.452    Drug-Free Zones
5.454    Designation of Drug-Free Zones
5.456    Civil Exclusion
5.458    Issuance of Exclusion Notices
5.460    Variances
5.462    Appeal

NUISANCE PROPERTY
5.470     Public Nuisance
5.472     Abatement Procedures

PENALTIES
5.490     Penalty
5.492     Enforcement

NUISANCES
GENERAL
5.600     Definitions

NUISANCES AFFECTING PUBLIC HEALTH
5.610     Nuisances Affecting Public Health
5.612     Carcasses
5.614     Slaughtering Animals
5.616     Nuisance Animals Prohibited
5.618     Outdoor Burning

NUISANCES AFFECTING PUBLIC SAFETY
5.620     Creating a Hazard
5.622     Attractive Nuisances
5.624     Obstructions
5.626     Scattering and Storing Rubbish
5.628     Defective Sidewalks
5.630     Noxious Vegetation


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5.632        Trees and Shrubs
5.634        Fires
5.636        Explosives
5.638        Fences
5.640        Surface Waters, Drainage
5.642        Sidewalk Liability

PERMITS FOR WILD AND EXOTIC ANIMALS
5.646     Permit Required
5.648     Conditions and Revocation

NUISANCES AFFECTING PUBLIC WELFARE
5.650     Junk
5.654     Unsightly Property
5.656     Unlawful Graffiti
5.658     Parking of Motor Vehicles in Front Yards

UNENUMERATED NUISANCES
5.660   Unenumerated Nuisances

ABATEMENT PROCEDURE
5.664   Notice
5.666   Abatement by the Person Responsible
5.668   Joint Responsibility
5.670   Abatement Periods
5.672   Abatement by the City
5.674   Assessment of Costs
        Summary Abatement

ADMINISTRATION AND ENFORCEMENT
5.680    Administration
5.682    Enforcement by Citation
5.683    Enforcement Fees
5.685    Notice of Violation
5.686    Exceptions to Enforcement Fees
5.687    Hardships
5.688    Appeals
5.690    Penalties
5.692    Abatement in Lieu of Fine




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                                       5. PUBLIC PROTECTION

GENERAL

5.005         Definitions. When not otherwise defined, all words and phrases in this chapter shall
have the same meaning ascribed to them by the Oregon Criminal Code.

5.010          Offenses Outside the City Limits. Where permitted by State law, an act made
unlawful by this Chapter shall constitute an offense when committed on any property owned or
leased by the City, even though outside the corporate limits of the City.

5.015          Soliciting or Confederating to Violate Chapter Provisions. No person shall solicit,
aid, abet, employ or engage another, or confederate with another, to violate a provision of this or any
other Code chapter. Violation of this Section shall be treated as a violation of the applicable chapter
provision.

5.020         Attempt to Commit Offenses. A person who attempts to commit any of the offenses
mentioned in this Code chapter, but who for any reason is prevented from consummating such act,
shall be deemed guilty of the completed offense.

5.025          Enforcement by Citation.
                      (1)     Any person charged by the City with the enforcement of a provision of
Section 5.200 to 5.692 may issue a citation pursuant to the provisions of Sections 2.840 to 2.862.
                      (2)     Enforcement by citation pursuant to Subsection (1) shall be in addition
to such other abatement or enforcement procedures as are contained in this chapter.




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MAJOR OFFENSES

5.200            Definitions. For the purposes of Sections 5.202 to 5.292, the following words and
phrases shall mean:
                 Abusive Language. Those personal epithets which, when addressed to the ordinary
citizen, are, as a matter of common knowledge, inherently likely to provoke a violent or disorderly
reaction.
                 Custody. The imposition of actual or constructive restraint by a peace officer pursuant
to an arrest or court order.
                 Escape. The unlawful departure of a person from custody, including failure to return
to custody after temporary leave granted for a specific purpose or limited period, but does not include
failure to comply with provisions of a conditional release in ORS. 135.245.
                 Firearm. A weapon, by whatever name known, which is designed to expel a projectile
by the action of black powder or smokeless powder and which is readily capable of use as a weapon.

                Law Enforcement Animal. Any animal specially trained for the assistance to law
enforcement officers, and which animal is under the control or in the custody of a Federal, State,
County, or City law enforcement agency pursuant to the performance of the agency's official duties.
                Public Property. Real or personal property owned or under the control of a public
body as defined in ORS 30.260.
                Ordinary Pocket Knife. A knife capable of being folded and carried in the pocket,
with a maximum blade length of three and one-half inches, which is not a switchblade or springblade
knife.
                Switchblade Knife. Any knife having the appearance of a pocket knife, the blade of
which can be opened by a flick of a button, pressure on the handle, or other mechanical device.
                Camp. To set up or to remain in or at a campsite.
                Campsite. Any place where any bedding, sleeping bag or other sleeping matter, or
any stove or fire, is placed, established or maintained, whether or not such place incorporates the use
of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof.
[Amended by Ord. No. 6324, enacted Dec. 15, 1980; Amended by Ord. No. 6402 enacted Aug. 16,
1982; Amended by Ord. No. 6423, enacted July 5, 1983; Amended by Ord. No. 6527, enacted April
6, 1987.]

5.202          [Repealed by Ord. No. 6616, enacted April 1, 1991.]

5.204          [Repealed by Ord. No. 6527, enacted April 6, 1987.]

5.205          [Repealed by Ord. No. 6527, enacted April 6, 1987.]

5.206          [Repealed by Ord. No. 6616, enacted April 1, 1991.]

5.208          [Repealed by Ord. No. 6616, enacted April 1, 1991.]


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5.209          Interference with Public Officers. No person shall intentionally resist, delay or
obstruct any City public officer in the discharge or attempt to discharge any duty of his or her office.

[Added by Ord. No. 6324, enacted Dec. 15, 1980.]

5.210          [Repealed by Ord. No. 6527, enacted April 6, 1987.]

5.211          [Repealed by Ord. No. 95-12, enacted Nov. 2, 1995.]

5.212          [Repealed by Ord. No. 6616, enacted April 1, 1991.]

5.214          Failure to Appear.
                        (1)    No person shall, having by Municipal Court order been released from
custody upon a release agreement or security release upon the condition that the person subsequently
appear personally in connection with a charge against him/her, intentionally fail to appear.
                        (2)    No person shall intentionally fail to appear before the Municipal Court
pursuant to a citation issued and served under the authority of Sections 2.840 to 2.862.
[Amended by Ord. No. 6405, enacted Sept. 20, 1982.]

5.216          [Repealed by Ord. No. 6527, enacted April 1, 1987.]

5.217           Disorderly Conduct. No person shall, with intent to cause public inconvenience,
annoyance or alarm, or by recklessly creating a risk thereof;
                       (1)      Disturb any lawful assembly of persons without lawful authority;
                       (2)      Obstruct vehicular or pedestrian traffic on a public way; or
                       (3)      Initiate or circulate a report, knowing it to be false, concerning an
alleged or impending fire, explosion, crime, catastrophe or other emergency. For purposes of this
Subsection, initiation or circulation of a report include actuation of a fire or police alarm.
                       (4)      Create a hazardous or physically offensive condition by an act which
he/she is not licensed or privileged to do.
[Amended by Ord. No. 6324, enacted Dec. 15, 1980; Amended by Ord. No. 6527, enacted April 6,
1987; Renumbered from 5.320 to 5.217 by Ord. No. 94-30, enacted Oct. 5, 1994.]

5.218          [Repealed by Ord. No. 6616, enacted April 1, 1991.]

5.220          [Repealed by Ord. No. 6616, enacted April 1, 1991.]

5.222          [Repealed by Ord. No. 6578, enacted Sept. 18, 1989.]
5.224          [Renumbered to 5.326 by Ord. 6616, enacted April 1, 1991.]

5.226          [Repealed by Ord. No. 6527, enacted April 1, 1987.]

5.228          [Repealed by Ord. No. 6616, enacted April 1, 1991.]

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5.230         [Repealed by Ord. No. 6616, enacted April 1, 1991.]

5.232         [Renumbered to 5.328 by Ord. 6616, enacted April 1, 1991.]

5.234         [Renumbered to 5.330 by Ord. 6616, enacted April 1, 1991.]

5.236         [Repealed by Ord. No. 6527, enacted April 1, 1987.]

5.238         [Repealed by Ord. No. 6578, enacted Sept. 18, 1989.]

5.240           Prohibited Camping. No person shall camp in or upon any sidewalk, street, alley,
lane, public right-of-way, or any other place to which the general public has access, or under any
bridgeway, viaduct or overpass, unless otherwise specifically authorized by this Code or by
declaration by the Mayor in emergency circumstances.
[Added by Ord. No. 6423, enacted July 5, 1983.]

5.242          Begging. No person shall accost other persons in any public place or in any place
open to the public for the purpose of begging or soliciting alms.
[Renumbered from 5.312 by Ord. No. 6616, enacted April 1, 1991.]

5.290          Penalty. Any person who violates any of the provisions of Sections 5.202 to 5.242
shall be punished by a fine not to exceed Two Hundred Fifty Dollars ($250.00), or by imprisonment
for a period not to exceed six (6) months, or by both such fine and imprisonment.
[Amended by Ord. No. 6423, enacted July 5, 1983; Amended by Ord. No. 6616, enacted April 1,
1991; Amended by Ord. No. 94-30, enacted Oct. 5, 1994.]

5.292         [Renumbered to 5.392 by Ord. 6616, enacted April 1, 1991.]




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MINOR OFFENSES

5.300           Definitions. For the purpose of Sections 5.300 to 5.390, the following words and
phrases shall mean:
                Abusive gesture. Those gestures which, when addressed toward the ordinary citizen,
are, as a matter of common knowledge, inherently likely to provoke a violent or disorderly reaction.

                 Abusive Language. Those personal epithets which, when addressed to the ordinary
citizen, are, as a matter of common knowledge, inherently likely to provoke a violent or disorderly
reaction.
                 Enter or Remain Unlawfully.
                 (1)            To enter or remain in or upon premises when the premises, at the time
of such entry or remaining, are not open to the public or when the entrant is not otherwise licensed or
privileged to do so; or
                 (2)            To fail to leave the premises that are open to the public after being
lawfully directed to do so by the person in charge.
                 Fireworks. Shall have the meaning ascribed to it by ORS 480.110(1).
                 Open to the Public. Premises which by their nature, function, custom, usage, notice or
lack thereof, or other circumstances at the time would cause a reasonable person to believe that no
permission to enter or remain is required.
                 Person in Charge. A person who has lawful control of premises by ownership,
tenancy, official position or other legal relationship. It includes, but is not limited to, the person or
position-holder in charge by the Governor, board, commission or governing body of any political
subdivision of this State.
                 Premises. Any building and any real property, whether privately or publicly owned.
                 Public Property. Real or personal property owned or under the control of a public
body as defined in ORS 20.260.
[Amended by Ord. No. 6324, enacted Dec. 15, 1980; Amended by Ord. No. 6527, enacted April 6,
1987.]

5.302           Trespass. No person shall enter or remain unlawfully in or upon premises.

5.304          Fireworks. No person shall discharge, fire, or cause to be exploded within the City
any fireworks; provided, the Mayor and the Council may order a public display of fireworks under
supervision of experts in handling fireworks; provided, such display is of such character and so
located and conducted as in the opinion of the Fire Chief will not be hazardous to surrounding
property or endanger any person.
5.306          [Repealed by Ord. No. 6578, enacted Sept. 18, 1989.]

5.308          Prohibition of Unaccompanied or Unemancipated Minors From Being in Public
Places During Certain Hours.
                      (1)     No minor shall be in or upon any street, highway, park, alley, or other
public place between the hours of 12 midnight and 4:00 a.m. of the following morning, unless:

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                                (a)     The minor is accompanied by a parent, guardian or other person
eighteen (18) years of age or over and authorized by the parent or by law to have care and custody of
the minor;
                                (b)     The minor is then engaged in a lawful pursuit or activity which
requires his/her presence in such public places during the hours specified in this Section; or
                                (c)     The minor is emancipated pursuant to ORS 109.550.
                         (2)    No parent, guardian or person having the care and custody of a minor
under the age of eighteen (18) years shall allow such minor to be in or upon any street, highway,
park, alley or other public place between the hours specified in Subsection (1).
                         (3)    Any person over the age of eighteen (18) years who shall connive at,
aid, abet or assist a minor under the age of eighteen (18) years to be in violation of this Section shall
be guilty of a violation.

5.310           Leaving Certain Minors in Vehicles.
                        (1)     No person having custody or control of a child under ten (10) years of
age shall leave the child unattended in any motor vehicle on the streets, alleys or public places in the
City for such period of time as may be likely to endanger the health or welfare of such child.
                        (2)     It shall be lawful and the duty of any policeman or other peace officer
of the City, the State or County, finding a child or children confined in violation of the terms of
Subsection (1), to enter such motor vehicle and remove the child. Such officer shall have the right, if
necessary, to break the doors or windows of the vehicle in order to save the life of the child, or save it
from great mental or physical suffering.

5.312           [Renumbered to 5.242 by Ord. 6616, enacted April 1, 1991.]

5.313        Damage to Public Trees
[Added by Ord. No. 97-25, enacted Oct. 6, 1997; repealed by Ord. No. 02-01, enacted January 22,
2002.]

5.314            Criminal Mischief. No person shall, having no right to do so nor reasonable grounds
to believe that he/she has such right, intentionally or recklessly cause damage to public property in an
amount not exceeding Five Hundred Dollars ($500.00).
[Amended by Ord. No. 6527, enacted April 6, 1987; Amended by Ord. No. 6616, enacted April 1,
1991.]

5.315           Sale of Spray Paint to and Possession by Minors.
                        (1)    No one other than the minor's parent or guardian shall sell, give or
otherwise make available any can or cans of spray paint to a person under the age of eighteen (18).
An individual violates this Section who sells, gives or otherwise makes a can or cans of spray paint
available to another with the knowledge that the person to whom the spray paint is made available
will violate this Section.




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                      (2)     No person under the age of eighteen (18) shall carry or possess any can
or cans of spray paint while upon or within the streets, sidewalks, parks or other public ways or
public property.
[Added by Ord No. 94-4, enacted March 24, 1994; Amended by Ord No. 94-12, enacted April 19,
1994.]

5.316           [Repealed by Ord. No. 6527, enacted April 6, 1987.]

5.318          Unreasonable Noise. No person shall create, assist in creating, permit, continue, or
permit the continuance of any unreasonably loud, disturbing, or unnecessary noise in the City.

5.320           [Renumbered to 5.217 by Ord. 94-30, enacted Oct. 5, 1994.]

5.321         Abusive Language or Gesture. No person shall intentionally cause public
annoyance or alarm by using abusive language or making an abusive gesture in a public place.
[Added by Ord. No. 6324, enacted Dec. 15, 1980.]

5.322           [Repealed by Ord. No. 6405, enacted Sept. 20, 1982.]

5.324           [Repealed by Ord. No. 6527, enacted April 6, 1987.]

5.326           Discharge of Firearms.
                        (1)     Except as provided in Subsection (2), no person shall discharge any
revolver, pistol or other firearm in the City.
                        (2)     Revolvers, pistols, and other firearms may be discharged at locations
designated by the Council. No such location shall be approved by Council unless adequate
provisions are made for public safety and noise containment. Council approval shall be in addition to
any rifle range permit required by the Uniform Fire Code adopted in Section 8.600.
                        (3)     This Section shall not apply to sheriffs, deputies, constables, marshals,
police officers, or any other duly appointed peace officers, or to any person summoned by such
officer to assist in making an arrest or in preserving the peace, while such person is engaged in
assisting such officers.
[Amended by Ord. No. 6376, enacted Feb. 1, 1982; Amended by Ord. No. 6616, enacted April 1,
1991; Renumbered from 5.224 by Ordinance No. 6616; Amended by Ord. No. 6616, enacted April 1,
1991.]

5.328          Bows and Crossbows. No person shall carry any loaded bow or crossbow or
discharge any bow or crossbow in the City. This Section shall not apply to toys or to areas
designated by the City for the use of bows or crossbows.
[Amended by Ord. No. 6356, enacted Sept. 15, 1981; Renumbered from 5.232 by Ord. No. 6616,
enacted April 1, 1991.]

5.330           Slingshots, Slippers and Air Guns.

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               (1) Except as provided in Subsection (2), no person shall:
               (a) Carry or possess any slingshot, slipper or air gun or similar device equipped to fire
a missile without the use of black or smokeless power, between the hours of 6:00 p.m. and 6:00 a.m.
while upon or within the streets, alleys, sidewalks, parks or other public property of the City.
               (b) Shoot, discharge or in any way use any of the devices specified in Subsection (a)
for the purpose of propelling or throwing any shot, stones or other missiles within the City.
[Renumbered from 5.234 by Ord. No. 6616, enacted April 1, 1991.]

                (2) An air gun or pellet gun may be carried, possessed and discharged for the purpose
of controlling vermin, rodents and other wild animals on private property within the City, provided,
however, that the person shall obtain written authorization from the Chief of Police, or the designee
of the Chief, prior to such carrying, possession or discharge. [Amended by Ord. No. 01-11, enacted
June 25, 2001.]

5.332          Trapping of Animals.

               (1) Except as provided in Subsection (2), no person shall place, or cause to be placed,
any trap within the City, except upon the person's own property. Further, no person shall use a trap
designed to kill, maim, or injure any animal other than vermin, muskrat or beaver.
               (2) The Oregon Department of Fish and Wildlife (ODF&W), including its successors
and designees, is authorized in its sole discretion to permit persons to humanely remove limited
numbers and species of state-regulated wildlife from within the City; provided, however, that written
authorization for removal shall be obtained from ODF&W prior to the commencement of wildlife
removal activities, and such removal may only be accomplished through the use of approved box
traps.
[Amended by Ord. No. 6446, enacted Feb. 21, 1984; Renumbered by Ord. No. 6628 from 5.508 to
5.326, but was editorially changed to 5.332 to avoid confusion with No. 6616, enacted Sept. 4, 1991;
Amended by Ord. No. 03-15, enacted July 7, 2003.]

5.334           City Parks.
(1)             Except as provided in this Section, no animal owner or animal handler shall bring or
cause to be brought any animal into any City park or cemetery. This Section shall not apply to the
following:
                        (a)    persons participating in an animal show authorized and approved by
the City Parks Division pursuant to guidelines and restrictions established by the Parks, Recreation
and Cemeteries Advisory Board;
                        (b)    persons requiring the services of a “dog guide” or “assistance animal,”
as those terms are defined in ORS Chapter 346;
                        (c)    persons bringing domesticated house pets into City Parks, provided the
pets are confined to a leash no longer than eight feet in length and are adequately controlled; such
pets shall not be allowed in playgrounds, picnic areas and other restricted areas designated by the
Parks, Recreation and Cemeteries Advisory Board; notwithstanding the leash requirements of the
Klamath County Code, such pets may be allowed off leash only in specifically designated and signed

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areas as authorized pursuant to rules and regulations established by the Parks, Recreation and
Cemeteries Advisory Board; the owner and/or handler of the pet is required to thoroughly removes
the solid waste of the pet from the park; or
                       (d)     Federal, State, County or City law enforcement personnel using an
animal for law enforcement purposes.
               (2)     No person shall injure, molest, harass or destroy any animal within or
belonging to any City park or cemetery.
               (3) The owner and handler of any animal permitted within City parks or cemeteries
pursuant to Subsection (1) of this Section:
                       (a)     shall be jointly and severally responsible for the conduct of such animal
while in the City park or cemetery; and
                       (b)     shall not cause or allow such animal to injure, molest, harass, or
destroy any animal or to damage or destroy the property of another while such animal is within a City
park or cemetery; and
                       (c)     shall be subject to removal, temporarily or permanently, from the City
park or cemetery should they violate the restrictions imposed by this Section.
               (4)     The City shall not be liable to any persons for any damage, loss or injury to
person or property suffered or sustained by reason of any incident occurring as a result of any owner
and/or handler bringing any animal into any City park or cemetery, or causing or allowing any animal
to be brought into any City park or cemetery. Owners and handlers of any animals permitted with
City parks or cemeteries pursuant to Subsection (1) of this Section shall be liable for any and all
injuries or damage to persons or property arising as a result of their negligent or intentional failure to
adequately control their animals or to comply with the provisions of this Section.
[Renumbered by Ord. No. 6628 from 5.510 to 5.328, but was editorially changed to 5.334 to avoid
confusion with No. 6616, enacted Sept. 4, 1991; Amended by Ord No. 94-11, enacted May 19, 1994;
Amended by Ord. No. 03-10, enacted April 7, 2003.]
[Renumbered by Ord. No. 6628 from 5.510 to 5.328, but was editorially changed to 5.334 to avoid
confusion with No. 6616, enacted Sept. 4, 1991; Amended by Ord No. 94-11, enacted May 19, 1994;
Amended by Ord. No. 03-10, enacted April 7, 2003; Amended by Ord. No. 07-05, enacted Feb. 20,
2007.]

5.336          Summary Destruction of Dangerous Dogs. A dangerous dog running at large,
which because of its disposition or diseased condition is too hazardous to apprehend, may be
destroyed by a peace officer, dog control officer, or by a person acting in defense of himself, his
family, or another person.
[Added by Ord. No. 6513, enacted July 9, 1986; Renumbered by Ord. No. 6628 from 5.588 to 5.330,
but was editorially changed to 5.336 to avoid confusion with No. 6616, enacted Sept. 4, 1991.]

5.338         Feeding of Wild Animals Prohibited. No person shall set out feed for deer,
raccoons, skunks or opossums in the City.
[Added by Ord. No. 94-36, enacted Jan. 19, 1995.]

5.390           Penalty.

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                       (1)    Any person who violates any of the provisions of Sections 5.302 to
5.330 or 5.338 shall be punished by a fine not to exceed Two Hundred Dollars ($200.00).
                       (2) Violation of Sections 5.332 or 5.334 is punishable by a fine of not more
than Two Hundred Dollars ($200.00) for the first violation and not more than Four Hundred Dollars
($400.00) for each additional violation within one (1) year.
                       (3)    Any person who violates Section 5.313 shall be punished by a fine not
to exceed One Thousand Dollars ($1,000.00).
[Amended by Ord. No. 6616, enacted April 1, 1991; Amended by Ord. No. 6628, Sections were
editorially Renumbered to avoid confusion with Ord. No. 6616, enacted Sept. 4, 1991;
Amended by Ord. No. 94-36, enacted Jan. 19, 1995; Amended by Ord. 97-25, enacted Oct. 6, 1997.]

5.392           Confiscation and Destruction. A weapon seized from any person pursuant to a
violation of any of the provisions of Sections 5.326 to 5.330, shall, upon conviction in Municipal
Court for such violation and as part of the penalty thereof, be forfeited by the person so convicted.
  Such weapons are hereby declared to be nuisances and shall be destroyed within one (1) year of the
conviction, unless preservation is necessary or proper to the ends of justice. If such weapon has been
stolen and is recovered from the thief or transferee, it shall not be destroyed, but shall be restored to
its lawful owner as soon as its use as evidence has been served, upon identification of the weapon
and proof of ownership.
[Renumbered from 5.292 by Ord. No. 6616, and Amended by Ord. No. 6616, enacted April 1, 1991.]




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ALCOHOL AND DRUGS

5.400          Definitions. For the purposes of Sections 5.400 to 5.492, the following words and
phrases shall mean:
                              Alcohol Liquor. Any alcoholic beverage containing more than
                      one-half (2) of one percent (1%) alcohol by volume, and every liquid or
                      solid, patented or not, containing alcohol and capable of being consumed by a
                      human being.
                              Commission. The Oregon liquor Control Commission.
                              Licensee. A person who has an alcoholic liquor license from the
                      Commission authorizing such person to sell or dispense alcoholic liquor.
                              Licensed Premises. The room or enclosure at the address within the
                      City for which a license has been issued by the Commission for the serving,
                      mixing, handling or selling of alcoholic liquor.
                              Liquor Control Act. The State law so designated by ORS 471.027, as
                      now or hereafter amended and supplemented; and including the Oregon
                      Distilled Liquor Control Act as defined by ORS 472.020, as now or hereafter
                      amended and supplemented.
                              Minor. Any person under the age of twenty-one (21) years.
                              Person. An individual, partnership, corporation, association, club, or
                      similar entity.
                              Sell. To solicit or receive an order; to keep or expose for sale; to
                      deliver for value or in any way other than purely gratuitously; to peddle; to
                      keep with intent to sell; to traffic in; or for any consideration, promised or
                      obtained, directly or indirectly, or under any pretext or by any means, to
                      procure or allow to be procured for any person.
[Amended by Ord. No. 6527, enacted April 6, 1987.]

5.402          Providing Liquor to Persons Under 21.
                       (1) No one other than the person's parent or guardian shall sell, give or
otherwise make available any alcoholic liquor to a person under the age of twenty-one (21) years. A
person violates this Subsection who sells, gives or otherwise makes available alcoholic liquor to a
person with the knowledge that the person to whom the liquor is made available will violate this
Subsection.
                       (2)    No person who owns or is in control of premises shall knowingly allow
a minor to consume alcoholic liquor on the premises except when such minor is in a private residence
accompanied by the parent or guardian of the minor and with such parent's or guardian's consent.

[Amended by Ord. No. 6527, enacted April 6, 1987;
Amended by Ord. No. 93-9, enacted July 21, 1993.]

5.404          [Repealed by Ord. No. 6527, enacted April 6, 1987.]



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5.406           Purchase or Possession of Liquor by Minor; Entry of Licensed Premises by
Minor.
                        (1)    No person under the age of twenty-one (21) years shall attempt to
purchase, purchase or acquire alcoholic liquor. Except when such minor is in a private residence
accompanied by the parent or guardian of the minor and with such parent's or guardian's consent, no
person under the age of twenty-one (21) years shall have personal possession of alcoholic liquor.
                        (2)    For the purposes of this Section, personal possession of alcoholic
liquor includes the acceptance or consumption of a bottle of such liquor, or any portion thereof, or a
drink of such liquor. However, this Section does not prohibit the acceptance or consumption by any
person of sacramental wine as part of a religious rite or service.
                        (3)    Except as authorized by Commission rule or as necessitated in an
emergency, no person under the age of twenty-one (21) years shall enter or attempt to enter any
portion of a licensed premises that is posted or otherwise identified as being prohibited to the use of
minors.
[Amended by Ord. No. 6527, enacted April 6, 1987.]

5.408 - 5.426 [Repealed by Ord. No. 6527, enacted April 6, 1987.]

5.428           Defense of Written Age Statement. If a licensee or employee or agent of a licensee
is prosecuted in the Municipal Court under this Code for selling alcoholic liquor to a minor, or
permitting a minor to consume alcoholic liquor or to enter or loiter upon the licensed premises, the
licensee or employee or agent may offer in defense any written statement made by or for such minor
prior to the violation, which statement was made and taken pursuant to the laws of Oregon and the
rules and regulations of the Commission; and such statement shall constitute a prima facie defense.

5.430 - 5.436 [Repealed by Ord. No. 6527, enacted April 6, 1987.]

5.438           Public Drinking. No person shall drink any alcoholic liquor or possess on his/her
person any bottle, can, or other receptacle containing any alcoholic liquor, which has been opened, or
a seal broken, or the contents of which have been partially removed, inside the City limits while upon
any street, City park, cemetery, sidewalk, alley or 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. Provided, however, nothing in this Section shall apply to the
drinking of any alcoholic liquor at any activity for which a permit authorizing such drinking or
possession has been obtained from the City, nor where such drinking or possession occurs within two
hundred fifty (250) feet of the residence of the person involved when such residence is in a
residentially zoned area pursuant to the City's zoning ordinances.

5.440            Noxious Substances.
                        (1)     No person shall deliberately smell or inhale any drug or any other
noxious substance, vapor or chemical containing any ketones, aldehydes, organic acetates, ether,
chlorinated hydrocarbons, or other substances containing solvents releasing vapors, in such excessive
quantities as to cause conditions of intoxication, inebriation, stupefaction, hallucination, or dulling of

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dulling of the brain or nervous system. This applies with particularity, but is not limited to, model
airplane glue, fingernail polish, gasoline, and/or any other substance or chemical which has the
above-described effect upon the brain or nervous system.
                        (2)     This Section does not pertain to any person who inhales, ingests or
otherwise introduces into his/her circulatory or respiratory system such material or substance
pursuant to the direction or prescription of any doctor, dentist or other persons authorized to so direct
or prescribe.

5.442           [Repealed by Ord. No. 6578, enacted Sept. 18, 1989.]




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DRUG-FREE ZONE ACT

5.450           Drug-Free Zones Act. Section 5.450 to 5.462 shall be known as the Drug-Free
Zones Act. The Act provides for the use of ninety (90) day exclusions in designated Drug-Free
Zones in the City, it provides procedures for designation of zones and for the issuance of exclusion
notice, and it authorizes variances and provides for appeal of an exclusion.
[Added by Ord. No. 93-14, enacted Aug. 18, 1993.]

5.452        Drug-Free Zones.
                    (1)     The following are hereby designated as Drug-Free Zones:
                            (a)     All City parks and marinas; and
                            (b)     All of Mills Addition being that area bordered by the railroad
                    tracks, South Sixth Street, Washburn Way, the Alameda By-Pass and Main
                    Street.
                    (2)     In addition, the City Council may designate additional Drug-Free
Zones which are:
                            (a)     Not less than six (6) City blocks nor more than one hundred
                    (100) blocks; and
                            (b)     Areas where the number of arrests for conduct prohibited by
                    ORS 475.991 and ORS 475.992 for the twelve (12) month period preceding
                    the original designation is significantly higher than that for other similarly
                    sized areas of the City.
[Added by Ord. No. 93-14, enacted Aug. 18, 1993.]

5.454          Designation of Drug-Free Zones.
                       (1)    If the City Council designates an area meeting the criteria of Section
5.452 of this Code to be a Drug-Free Zone, Council shall do so by ordinance, said designation to be
valid for an initial period of two (2) years. Thereafter, the Council may extend the time of
designation as it deems appropriate, but in no event shall the total be more than ten (10) years.
                       (2)    The City Council may also remove the designation in the event it
deems that appropriate. The removal of the designation shall be by ordinance.
[Added by Ord. No. 93-14, enacted Aug. 18, 1993.]

5.456           Civil Exclusion.
                        (1)     A person is subject to exclusion for a period of ninety (90) days from
the public streets, sidewalks and other public ways in a designated Drug-Free Zone if that person has
been arrested or otherwise taken into custody within the Drug-Free Zone for either the unlawful
distribution of a controlled substance pursuant to ORS 475.992 or for the unlawful delivery of an
imitation controlled substance pursuant to ORS 475.991 within a Drug-Free Zone.
                        (2)     If a person excluded from a Drug-Free Zone is found therein during the
exclusion period, that person is subject to immediate arrest for criminal trespass in the second degree
pursuant to ORS 164.245.
[Added by Ord. No. 93-14, enacted Aug. 18, 1993.]

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5.458           Issuance of Exclusion Notices. The Police Chief is designated as the person in
charge of the public streets, sidewalks and public ways in Drug-Free Zones for purposes of issuing
exclusion notices in accordance with this Act. The Police Chief may authorize employees of the
Police Department to issue exclusion notices in accordance with this Act.
[Added by Ord. No. 93-14, enacted Aug. 18, 1993.]
5.460           Variances. The Police Chief may, on request, grant a variance with appropriate
restrictions to allow an excluded person to be in a Drug Free-Zone under either of the following
criteria:
                        (1)     To get a Residential Variance a person must show he/she was a bona
fide resident of a Drug-Free Zone prior to the arrest for delivery of a controlled substance.
                        (2)     A Social Service Variance can only be for reasons pertaining to the
excluded person's health or well being. In order to qualify for a Social Service Variance, the Social
Services agency must have rules prohibiting the sale or use of drugs by its client.
[Added by Ord. No. 93-14, enacted Aug. 18, 1993.]

5.462         Appeal. Any person receiving an exclusion notice or having a variance request
denied may file an appeal pursuant to Section 1.025.
[Added by Ord. No. 93-14, enacted Aug. 18, 1993.]




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PUBLIC NUISANCE

5.470           Public Nuisance.
                        (1)     It is a public nuisance for any person in charge of property to permit or
any person to cause to exist any residence, business or place where patrons, employees, residents, or
occupants engage in a pattern of behavior in the neighborhood involving the commission of three or
more of the following offenses:
                                (a)      public drinking, Klamath Falls Code Section 5.438;
                                (b)      providing liquor to minor, Klamath Falls Code Section 5.402;
                                (c)      discharge of firearms, Klamath Falls Code Section 5.326;
                                (d)      unreasonable noise, Klamath Falls Code Section 5.318;
                                (e)      assault, ORS 163.160, 163.165, 163.175, or 163.185;
                                (f)       sexual abuse, ORS 163.415, 163.425, or 163.427;
                                (g)      public indecency, ORS 163.465;
                                (h)      criminal trespass, ORS 164.245, or 164.255;
                                (i)      criminal mischief, ORS 164.345, 164.354, or Klamath Falls
                        Code Section 5.314;
                                (j)      disorderly conduct, ORS 166.025, or Klamath Falls Code
                        Section 5.438;
                                (k)      harassment, ORS 166.065;
                                (l)      minor in possession of alcohol, ORS 471.430; or
                                (m)      unlawful manufacture, delivery, or possession of a controlled
                        substance, ORS 475.992.
                        (2)     For purposes of this Section, Apattern of behavior in the neighborhood@
means one or more patrons, employees, residents, or occupants of the residence, business or place
having been arrested or issued a citation for violation of three (3) or more of any of the offenses
specified in subsection (1) that occur over any six (6) month period at the residence, business or place
or within 300 feet thereof.
                        (3)     It is unlawful for any residence, business or place to be a public
nuisance or to be used as a public nuisance. If any residence, business or place is found to be a
public nuisance or to be used as such, it shall be subject to closure for twelve (12) months.
                        (4)     Public nuisance closure will be subject to the abatement procedures
provided in Section 5.472.
[Added by Ord. No. 96-27, enacted Sept. 17, 1996.]

5.472           Abatement Procedures. The following abatement procedures                     apply to
any residence, business or place constituting or used as a public nuisance under Section 5.470:
                       (1)     Notice shall be posted on the premises where the nuisance activities
exist, directing the owner or person in charge of the property to abate the situation.
                       (2)     At the time of posting, the Manager shall cause a copy of the notice to
be sent by certified mail to:
                               (a)     the owner at the last known address as listed with the County
                       Tax Assessor=s Office; and

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                                (b)      the person in charge of the property, if different form the
                        owner.
                        (3)     If prior notice of abatement was sent to the owner or person in charge
of the property within the preceding twelve (12) months, and ownership or control of the property
has not changed, and the prior notice was returned as undeliverable or if delivery was refused, then
notice can be provided by publication as set forth in subsection (5).
                        (4)     The notice to abate shall contain:
                                (a)      a description of the real property, by street address or
                        otherwise, on which the nuisance activities exists;
                                (b)      a description of the nuisance activities which must be abated;
                                (c)      a direction to abate the nuisance activities within ten (10) days
                        from the date of the notice;
                                (d)      a statement that unless the nuisance activities are abated, the
                        City may abate the situation by causing the premises to be closed for a twelve
                        (12) month period;
                                (e)      a statement that the owner or person in charge of the property
                        may protest the abatement by giving written notice to the Manager within ten
                        (10) days form the date of notice.
                        (5)     If the notice by certified mail is returned as undeliverable or delivery is
refused, notice of the nuisance shall be published in a newspaper of general circulation at least ten
(10) days before abatement action is taken.
                        (6)     Upon completion of the posting and mailing, the person posting and
mailing the notice shall file a certificate with the Manager stating the date and place of the mailing
and posting.
                        (7)     An error in the name or address of the owner or person in charge of the
property or the use of a name other than that of the owner or person in charge of the property shall
not make the notice void, and in such case the posted notice shall be sufficient.
                        (8)     Within ten (10) days after the posting and mailing of the notice, the
owner or person in charge of the property shall take such steps as may be necessary to assure the
nuisance activities do not continue.
                        (9)     A person protesting that the nuisance does not exist, shall file with the
Manager a written statement within ten (10) days after the posting and mailing of the notice, which
shall specify the basis for protesting.
                        (10) The statement of protest shall be referred to the Council for hearing.
                        (11) If the Council determines the nuisance does exist, the owner or person
in charge of the property shall abate the nuisance within ten (10) days after the Council
determination.


                      (12) If the nuisance has not been abated within the time allowed, the
Manager shall cause the premises to be closed for twelve
(12) months.
[Added by Ord. No. 96-27, enacted Sept. 17, 1996.]

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PENALTIES

5.490          Penalty.
                      (1)      Violation of any provision of Sections 5.404 to 5.428 and 5.440 shall
be punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00), unless a lesser fine is
provided by State law for an identical offense.
                      (2)      Violation of Section 5.402 shall be punishable by a fine not to exceed
One Thousand Dollars ($1,000.00) and one year imprisonment. Upon violation of Subsection (2) of
Section 5.402, the court shall impose at least a mandatory minimum sentence as follows:
                               (a)    Upon a first conviction, a fine of Three Hundred Fifty Dollars
                      ($350.00).
                               (b)    Upon a second conviction, a fine of One Thousand Dollars
                      ($1,000.00).
                               (c)    Upon a third or subsequent conviction, a fine of One Thousand
                      Dollars ($1,000.00) and not less than thirty (30) days of imprisonment.

                       (3)    The court shall not waive or suspend imposition of the minimum
mandatory sentence required by Subsection (2) of this Section. In addition to the mandatory sentence
the court may require the violator to make restitution for any damages to property where the
alcoholic liquor was consumed or may require participation in volunteer service to a community
service agency.
                       (4)    The penalty provisions of Subsection (2) of this Section shall not apply
to persons licensed or appointed under the provisions of ORS Chapters 471 and 472.
                       (5)    Violation of Section 5.438 shall be punished by a fine not to exceed
Two Hundred Fifty Dollars ($250.00) or by imprisonment for a period not to exceed six (6) months,
or by both such fine and imprisonment.
[Amended by Ord. No. 6487, enacted March 18, 1985; Amended by Ord. No. 94-30, enacted Oct. 5,
1994.]

5.492          Enforcement.
                       (1)     When an officer arrests any person for violation of Sections 5.402 to
5.442, the officer shall take into his possession all alcoholic liquor, drugs, noxious substances,
marijuana and other property which the person arrested has in his/her possession or on his/her
premises, which apparently is being used or kept in violation of said Sections.
                       (2)     If alcoholic liquor or other property is seized pursuant to a violation of
Section 5.432, the provisions of ORS 471.610 shall apply to their disposal.
                       (3)     When a conviction is obtained against any licensee of the Commission,
or a conviction is obtained against any person when the violation was committed on licensed
premises, the Municipal Court shall notify the Commission of such conviction.




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ANIMAL CONTROL

GENERAL

The City of Klamath Falls hereby consents to the application of the AAnimal Control@ Code
provisions of the Klamath County Code (enacted by Klamath County Ordinance No. 51-03 and
currently codified in Chapter 403 of the Klamath County Code), as currently enacted and as hereafter
modified by Klamath County Commissioners, within the City limits. [Added by Ord. No. 02-06,
enacted April 2, 2002.]

5.500          [Repealed by Ord. No. 6618, enacted June 30, 1991.]

5.502          [Repealed by Ord. No. 6618, enacted June 30, 1991.]

5.504          [Repealed by Ord. No. 6618, enacted June 30, 1991.]

5.506          [Repealed by Ord. No. 6618, enacted June 30, 1991.]

5.508          [Renumbered by Ord. No. 6628 to 5.326 but was editorially changed to 5.332 to
               avoid confusion with Ord. No. 6616, enacted Sept. 4, 1991.]

5.510          [Renumbered by Ord. No. 6628 to 5.328 but was editorially changed to 5.334 to
               avoid confusion with Ord. No. 6616, enacted Sept. 4, 1991.]




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PERMITS FOR WILD AND EXOTIC ANIMALS

5.520    [Repealed by Ord. No. 6618, enacted June 30, 1991.]

5.522    [Repealed by Ord. No. 6618, enacted June 30, 1991.]

5.524    [Repealed by Ord. No. 6618, enacted June 30, 1991.]

DOG LICENSE

5.530    [Repealed by Ord. No. 6618, enacted June 30, 1991.]

5.532    [Repealed by Ord. No. 6618, enacted June 30, 1991.]

DOG CONTROL

5.534    [Repealed by Ord. No. 6618, enacted June 30, 1991.]

5.536    [Repealed by Ord. No. 6618, enacted June 30, 1991.]

5.538    [Repealed by Ord. No. 6618, enacted June 30, 1991.]

5.540    [Repealed by Ord. No. 6618, enacted June 30, 1991.]

5.542    [Repealed by Ord. No. 6618, enacted June 30, 1991.]

5.544    [Repealed by Ord. No. 6618, enacted June 30, 1991.]

RABIES CONTROL

5.550    [Repealed by Ord. No. 6618, enacted June 30, 1991.]

5.552    [Repealed by Ord. No. 6618, enacted June 30, 1991.]

5.554    [Repealed by Ord. No. 6618, enacted June 30, 1991.]

ADMINISTRATION

5.560    [Repealed by Ord. No. 6618, enacted June 30, 1991.]

5.562    [Repealed by Ord. No. 6618, enacted June 30, 1991.]



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ENFORCEMENT

5.570   [Repealed by Ord. No. 6618, enacted June 30, 1991.]

5.572   [Repealed by Ord. No. 6618, enacted June 30, 1991.]

5.574   [Repealed by Ord. No. 6618, enacted June 30, 1991.]

5.576   [Repealed by Ord. No. 6618, enacted June 30, 1991.]

5.578   [Repealed by Ord. No. 6618, enacted June 30, 1991.]

5.580   [Repealed by Ord. No. 6618, enacted June 30, 1991.]

5.582   [Repealed by Ord. No. 6618, enacted June 30, 1991.]

5.584   [Repealed by Ord. No. 6618, enacted June 30, 1991.]

5.586   [Repealed by Ord. No. 6618, enacted June 30, 1991.]

5.588   [Renumbered by Ord. No. 6628 to 5.330 but was editorially changed to 5.336 to
        avoid confusion with Ord. No. 6616, enacted Sept. 4, 1991.]




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PENALTIES

5.590       Editorially deleted by City Attorney, no longer needed without Animal Control.

5.591       [Repealed by Ord. No. 6618, enacted June 30, 1991.]




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NUISANCES

GENERAL

5.600            Definitions. For purposes of Sections 5.600 to 5.692, the following words and
phrases shall mean:
                 Animal. Any mammal, reptile, amphibian or insect.
                 Exotic. Foreign to the continental U.S., whether wild or domesticated.
                 Graffiti. Any unauthorized markings of paint, ink, chalk, dye, or other similar
substances, and/or the unauthorized etching or scratching of property and the structures
appurtenant thereto, including but not limited to, buildings, structures, fences, walls, and poles,
where the markings are visible from premises open to the public such as the public right of way,
sidewalks, or other publicly owned property.
                 Junk. Includes all old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber,
debris, waste; or junked, dismantled, wrecked, scrapped or ruined motor vehicles or motor vehicles
parts; iron, steel or other old scrap ferrous or nonferrous material; metal or nonmetal materials.

                Nuisance. Where not otherwise specifically enumerated or described, "nuisance" shall
mean anything that works or causes injury, damage, hurt, inconvenience, annoyance or discomfort to
another in the legitimate enjoyment of his/her reasonable rights of person or property.
                Officer. Any City employee charged with enforcement of Sections 5.610 to 5.692 by
the City Manager.
                Permit. To suffer, allow, consent to, acquiesce by failure to prevent, or expressly
assent or agree to the doing of an act.
                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:
                (1)            The owner;
                (2)            The person in charge of property, as defined in this Section; and/or
                (3)            The person who caused to come into or continue in existence a
nuisance as defined in this Code or any ordinance of the City.
                Property. Any property, including land and that which is affixed, incidental or
appurtenant to land, including but not limited to, any business or residential premises, room, house,
parking area, loading area, landscaping, building or structure or any separate part, unit or portion
thereof, or any business equipment, whether or not permanent. For property consisting of more than
one unit, property is limited to the unit or the portion of the property on which any nuisance
abatement has occurred or is occurring, but includes areas of the property used in common by all
units of property including without limitation other structures erected on the property and areas used
for parking, loading and landscaping.
                Public Place. A building, way, place or accommodation, whether publicly or privately
owned, open and available to the general public.
                Sewage. Human excreta as well as kitchen, bath and laundry wastes.



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               Wild animal. A species of animal not usually domesticated, regardless of comparative
docility or familiarity of the individual animal with man; a species which is ferae naturae.

[Amended by Ord. 6522, enacted Dec. 17, 1986; Amended by Ord. No. 94-31, enacted Oct. 5, 1994;
Amended by Ord. No. 09-02, enacted March 2, 2009.]




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NUISANCES AFFECTING PUBLIC HEALTH

5.610          Nuisances Affecting Public Health. 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 Sections 5.664 to 5.676.
                       (1)     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 regulations of the Department of Environmental Quality.
                       (2)     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.
                       (3)     Stagnant Water. Stagnant water which affords a breeding place for
mosquitoes and other insect pests.
                       (4)     Odor. Premises which are in such a state or condition as to cause an
offensive odor or which are in an unsanitary condition.
                       (5)     Surface Drainage. Surface drainage of sewage or geothermal fluids,
other than the temporary discharge of geothermal fluids when authorized by the Public Works
Department, from private premises.
[Amended by Ord. No. 6522, enacted Dec. 17, 1986.]

5.612         Carcasses. No person shall permit an animal carcass 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.

5.614           Slaughtering Animals.
                       (1)      No person shall slaughter or butcher any animal as defined by Klamath
Falls City Code Section 5.500 except when done in a completely enclosed structure and when
authorized by the City Zoning Ordinance.
                       (2)      Any person who slaughters or butchers any animal pursuant to the
exception set forth above, shall immediately dispose of the remains of such animal in a manner which
will neither create offensive odors, be visible to the public, nor adversely affect the City sewer
system. [Amended by Ord. No. 6346, enacted July 20, 1981.]

5.616          Nuisance Animals Prohibited.
                       (1)    No owner or person in charge of property shall keep or maintain
animals in such a manner as to cause a nuisance to neighboring property owners.
                       (2)    As used in this Section "animal" shall include any mammal, reptile,
amphibian, insect, or fowl but shall not include dogs.
[Added by Ord. No. 95-14, enacted Nov. 16, 1995.]




5.618          Outdoor Burning

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Except as specified in this section open burning is prohibited.
              1) The City Manager in consultation with the Klamath County Environmental Health
              Division Manager and Fire District No. 1 and No. 4 may declare two specific fifteen
              (15) day periods a year during which times the open burning of residential yard debris
              will be allowed. Open Burning Windows will occur in Spring and Fall. Each
              window will include three (3) weekends.
                   (a)During the Open Burning Window, the City Manager may temporarily prohibit
                   open burning should poor ventilation episodes occur, or be forecast.
                   (b)The City Manager in consultation with Klamath County Environmental Health
                   Division Manager and Fire Districts No. 1 and No. 4 may extend the Open
                   Burning Window one day for every day in which open burning has been
                   prohibited during the Open Burning Window due to poor ventilation or weather
                   conditions.
       (2)    All agricultural open burning is prohibited at all times unless allowed by a Certificate
              of Variance.
       (3)    The use of burn barrels and other outdoor burning devices is prohibited at all times.
       (4)    A Certificate of Variance to allow Open Burning outside the Spring or Fall Open
              Burning Windows, may be issued on a case by case basis by the City Manager when
              an emergency, or substantial need, is documented.
       (5)    Open Burning as used in this section shall mean: all open or outdoor fires intended
              for heating or the combustion of waste, and those included in the definition of “Open
              Burning” in Oregon Administrative Rule Chapter 340 Division 264. Outdoor
              cooking fire and recreational fire in deck, patio or campsite fire pits are not included.

[Added by Ord. #98-3, enacted 1-5-98; Amended by Ord. No. 02-05, enacted March 19, 2002;
Amended by Ord. #07-22, enacted 10-16-07.]




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NUISANCES AFFECTING PUBLIC SAFETY

5.620           Creating a Hazard. No owner or person in charge of property shall create a hazard
by:
                        (1)    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 door or lid which locks or
fastens automatically when closed and which cannot be easily opened from the inside; or
                        (2)    Maintaining 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 ten (10) inches or more
and failing or refusing to cover or fence it with a suitable protective construction.
                        (3)    Allowing dry grass, dry weeds, dry brush or other dry vegetation,
whether cut or uncut, to accumulate on property within two hundred (200) feet of any structure where
such accumulation is susceptible to fire which could endanger structure.
[Added by Ord. No. 6346, enacted July 20, 1981.]

5.622           Attractive Nuisances.
                (1)    No owner or person in charge of property shall permit thereon:
                                        (a)    Unguarded machinery, equipment, buildings or other
                       devices or structures which are attractive, dangerous and accessible to
                       children.
                                        (b)    Lumber, logs or piling placed or stored in a manner so
                       as to be attractive, dangerous and accessible to children.
                                        (c)    An open pit, quarry, cistern or other excavation without
                       safeguards or barriers to prevent such places from being used by children.

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

5.624          Obstructions. No owner or person in charge of property, improved or unimproved,
abutting on a public sidewalk or alley shall permit boxes, wood or other encumbrances or
obstructions on the sidewalk, planting strip, or alley; except, that such person, when receiving or
shipping goods, may temporarily occupy such portion of the sidewalk as is necessary for such
purpose. In no event shall the sidewalk be blocked between the hours of 6:00 p.m. of one day and
7:00 a.m. of the following day. Merchandise may be displayed for sale upon sidewalks after first
obtaining a permit to do so from the Police Chief.
[Amended by Ord. No. 6522, enacted Dec. 17, 1986; Amended by Res. No. 3140, enacted July 20,
1987, as per City Attorney.]

5.626           Scattering and Storing Rubbish.
                         (1)     No person shall deposit, store or keep upon public or private property
any kind of rubbish, junk, 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 or vehicle traveling upon a public way.

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                         (2)     Those substances enumerated in Subsection (1) may be temporarily
stored in containers which are substantially fly and rodent proof and are covered in such a manner as
to prevent said substances from being carried away by the elements. No garbage container shall be
allowed to remain on or adjacent to the planting strip except for those days in which the garbage is to
be collected. [Amended by Ord. No. 98-24, enacted December 3, 1998.]
                         (3)     No person shall drive or move a truck, trailer or other vehicle
transporting solid waste to a disposal site if said truck, trailer or other vehicle contains litter, other
solid waste material or refuse of any sort, unless such person shall have secured the load in such a
manner that a protective cover is provided or that the load is sufficiently bound with rope or other
suitable material so that refuse or other solid waste shall not drop or be scattered from the trailer or
vehicle.
                         (4)     No person shall deposit or cause to be deposited any kind of rubbish,
junk, trash, debris, refuse, or other garbage in any garbage container owned or controlled by another
person without that person's express or implied consent.
[Added by Ord. No. 6434, enacted Oct. 3, 1983; Amended by Ord. No. 6595, enacted April 2, 1990.]

5.628           Defective Sidewalks.

(1)    No owner or property, improved or unimproved, abutting a public sidewalk shall permit
such sidewalk to deteriorate to such a condition that, because of cracks, chipping, weeds, settling,
covering by dirt, or other similar occurrences, the sidewalk becomes a hazard to persons using it.

(2)     No owner or person in charge of property, improved or unimproved, abutting a public
sidewalk, shall permit such sidewalk to become a hazard to persons using it because of
accumulations of ice and/or snow.
(3)     In order to address pedestrian safety issues in a timely manner following winter snow
events, between November 1 and March 31 of each winter season, the Officer may cause to be
published three times in a newspaper of general circulation in the City a copy of Subsection (2) of
this Section pertaining to the removal of ice and snow, as a notice to all owners and persons in
charge of property of their duty to keep the sidewalk(s) adjacent to their property free from ice
and snow. The notice shall state that the City intends to abate all such nuisances five (5) or more
days after the final publication of the notice and to charge the cost of doing so as to any particular
parcel of property to the owner thereof, the person in charge thereof, or the property itself. In
addition to, and in conjunction with the published notices, the Officer shall provide all electronic
media in the area with copies of the notice for their use as they deem appropriate.
(4)     If the published notice provided for in Subsection (3) is used, it shall be in lieu of the
notice required by Section 5.664. Provided, however, that prior to abatement of any such snow or
ice hazard by the City, the Officer shall cause a seasonal notice of violation to be sent via first
class mail to the owner of the property adjacent to a sidewalk to be abated, and to the person in
charge of such property, if the property is occupied. The seasonal notice need only be sent once
per snow season and shall inform the owner and, if applicable, the person in charge, that at any
time five (5) or more days from the date of the notice, and for the rest of the winter season, the



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City may cause the sidewalk adjacent to any property they own to be cleared of ice or snow with
the cost to be charged against the property, or the owner or person in charge thereof.

The City’s notices of intent to abate defective or hazardous sidewalk conditions as provided for in
this Section, and any actions taken by the City to abate such conditions, do not relieve the property
owner or the person in charge of the property of the responsibility and duty under Section 5.642 to
maintain adjacent sidewalks free from the described conditions, do not relieve the property owner or
the person in charge of the property of the liability imposed under Section 5.642 and do not constitute
an assumption by the City of those duties, responsibilities or liabilities.
[Amended by Ord. No. 08-16, enacted Dec. 1, 2008.]

5.630           Noxious Vegetation.
                         (1)     The term "noxious vegetation" does not include vegetation that
constitutes an agricultural crop, unless that vegetation is a health hazard or a traffic hazard within the
meaning of Subsection (2).
                         (2)     The term "noxious vegetation" does include:
                                 (a)     Canada thistle, whitetop, puncture vine, blue flowering lettuce,
                         toadflax, spiny cockleburr, wild morning glory, Russian knapweed, tansy
                         ragwort, leafy spurge, water hemlock, poison hemlock, mattgrass,
                         Mediterranean sage, yellow star, musk, and Scotch thistle.
                                 (b)     Rosebushes or other thorn-bearing shrubs or trees that extend
                         into a public thoroughfare or across a property line.
                                 (c)     Vegetation that is:
                                         (i)     A health or safety hazard; or
                                         (ii)    A traffic hazard because it impairs the view of a public
                                 thoroughfare or otherwise makes use of the thoroughfare hazardous.
                         (3)     Between May 15 and October 30 of any year, the term "noxious
vegetation" also includes:
                                 (a)     Weeds more than eight inches high.
                                 (b)     Grass more than eight (8) inches high and not within the
                         exception stated in Subsection (1).
                         (4)     No owner or person in charge of property may allow noxious
vegetation to be on said property or in the right-of-way of a public thoroughfare abutting on the
property. It shall be the duty of the owner or person in charge of property to cut down and remove or
to destroy noxious vegetation as often as needed, to prevent it from becoming unsightly, or from
becoming a health, safety, or traffic hazard.
                         (5)     Between May 1 and June 15 of each year, the Officer may cause to
be published three times in a newspaper of general circulation in the City a copy of Subsection
(4) of this Section as a notice to all owners and persons in charge of property of their duty to keep
their property free from noxious vegetation. The notice shall state that the City intends to abate
all such nuisances ten (10) or more days after final publication of the notice and to charge the
cost of doing so on any particular parcel of property to the owner thereof, the person in charge
thereof, or the property itself. In addition to and in conjunction with published notices, the

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the Officer shall provide all electronic media in the area with copies of the notice for their use as
they deem appropriate.
                       (6) If the published notice provided for in Subsection (5) is used, it shall be
in lieu of the notice required by Section 5.664. Provided, however, that prior to abatement of
any such noxious vegetation by the City, the Officer shall cause a seasonal notice of violation to
be sent via first class mail to the owner of the property, and to the person in charge of such
property, if the property is occupied. The seasonal notice need only be sent once per noxious
vegetation growing season and shall inform the owner and, if applicable, the person in charge,
that at any time ten (10) or more days from the date of the notice, and for the rest of that growing
season, the City may cause the noxious vegetation on any property they own to be abated, with
the cost to be charged against the property, or the owner or person in charge thereof.
                         (7)     Where strict compliance with the requirements of Subsection (3) above
would be impractical as they apply to a certain type of vegetation or to a certain parcel of property,
the Officer may, after inspecting the property, waive the requirements as they so apply and require
perimeter cutting that will meet the basic intent of this Section.
[Amended by Ord. No. 6346, enacted July 20, 1981; Amended by Ord. No. 6522, enacted Dec. 17,
1986; Amended by Ord. No. 08-16, enacted Dec. 1, 2008]

5.632           Trees and Shrubs.
                        (1)     No owner or person in charge of property that abuts upon a street, alley
or public sidewalk shall permit trees or bushes on the property to interfere with street or sidewalk
traffic.
                        (2)     It shall be the duty of an owner or person in charge of property that
abuts upon a street, alley or public sidewalk to keep all trees and bushes on the premises, including
the adjoining planting strip, trimmed to a height of not less than seven feet above the sidewalk and
not less than 13 feet above the roadway.
                        (3)     No owner or person in charge of property shall allow to stand a dead or
decaying tree that is a hazard to the public.
                        (4)     No owner or person in charge of property shall permit a tree limb to
remain broken or growing in a manner as so to be a hazard to the public.
                        (5)     All trees, shrubs, plants and vegetation in any planting strip may be
trimmed, pruned or removed at any time by the City; or the City may require any property owner or
person in charge of property to trim, prune or remove any trees, shrubs, plants or vegetation in a
planting strip abutting upon the property.
                        (6)     No person shall plant any variety of poplar or willow trees within the
City, except for Quaking Aspen and willow species whose mature height does not exceed thirty feet
(30'), all of which shall be planted a minimum of fifty feet (50') from any right-of-way or utility
easement.
                        (7)     When the roots of a tree or shrub of any kind close, clog or retard the
free and natural flow of sewage or storm water through the pipes of the sewer system of the City, the
City Manager shall proceed to have such obstruction removed. If the City Manager determines that
the tree or shrub causing such obstruction will be a nuisance by causing frequent recurrence of such
trouble and that it should be destroyed, he/she shall, after removal of the obstruction, proceed to have

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have the tree or shrub removed as provided in this chapter for the abatement of nuisances.
                        (8)    When the roots of a tree or shrub of any kind grow in a manner so as to
damage, or it is evident that such roots will damage, any sidewalk, curb or street pavement or a
portion thereof, the City Manager shall proceed to have that portion of the tree or shrub causing such
damage removed. If the City Manager determines that the tree or shrub will be a nuisance by causing
a recurrence of such trouble and that it should be destroyed, he/she shall, after removing that portion
causing the damage, proceed to have the tree or shrub removed as provided in this chapter for the
abatement of nuisances.
[Amended by Ord. No. 6522, enacted Dec. 17, 1986; Amended by Ord. No. 98-24, enacted Nov. 3,
1998; Amended by Ord. No. 03-24, enacted December 1, 2003.]

5.634           Fires. No person shall cause any fire to be kindled on any asphalt or similar
pavement, or to heat any roofing or other material on or above such pavement; or burn anywhere in
the City any offal, refuse, garbage or other matter causing noxious odors; or burn on any streets or
alleys or private property in the City without first obtaining permission from the Fire Chief and under
such precautions as he/she may direct, any paper, straw, vegetable matter, leaves, wood or other
substance emitting sparks, flying ashes or cinders during combustion, or dangerous to adjacent
property.

5.636         Explosives. No person shall keep or store, for sale or use, within the City any larger
quantity than fifty (50) pounds of gunpowder, blasting powder, dynamite or other explosive
substance, except at a place authorized by the Police Chief.

5.638           Fences.
                (1)     No owner or person in charge of property shall construct or maintain or cause
to be constructed or maintained on any lot or parcel of land within the City an electric fence,; or to
charge with electricity, or cause to be charged with electricity, a fence already constructed, or wires
or other structure that could be termed a fence or used as a fence.
                (2)             (a)     No owner or person in charge of property shall construct or
cause to be constructed within the City a barbed-wire fence. Barbed-wire fences now in existence,
upon need of repair, shall be removed and not replaced, but fences of material other than barbed-wire
may be constructed in place thereof.
                                (b)     Barbed-wire shall be allowed as top stranding material on
fences constructed of chain link or similar non-barbed material, provided that such fences are locked,
are in commercial or industrial zones, and are six (6) feet or more in height, not including the top
strand barbed-wire portion.
                (3)             (a)     Fences shall be constructed of materials that are structurally
sound.
                                (b)     Before construction work on any fence is started, the owner or
contractor shall apply to the Planning Director, or his/her designee for a fence permit. The Planning
Department shall issue the permit after he/she is satisfied that the fence height and material type meet
the requirements of this Section and any other applicable Code sections and the applicable fence
permit fee has been paid.

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[Amended by Ord. No. 6605, enacted July 2, 1990; Amended by Ord. No. 03-04, enacted Jan. 23,
2003.]

5.640          Surface Waters, Drainage.
                       (1)    No owner or person in charge of a building or structure shall suffer or
permit rainwater, ice or snow to fall from the building or structure onto a street or public sidewalk.
                       (2)    The owner or person in charge of property shall install and maintain in
a 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.
[Amended by Ord. No. 6522, enacted Dec. 17, 1986.]

5.642           Sidewalk Liability. The City shall not be liable to any person for any loss or injury to
a person or property suffered or sustained by reason of any accident on sidewalks caused by ice,
snow, encumbrances, obstructions, cracks, chipping, weeds, settling, holes covered by dirt or other
similar conditions on or off the sidewalk. Adjacent property owners shall maintain sidewalks free
from such conditions and shall be liable for any and all injuries to persons or property arising as a
result of their negligent or intentional failure to so maintain the sidewalks. The duty imposed on
property owners by this Section shall supersede and take precedence over any other Code provisions
which may appear, for enforcement purposes, to establish a less restrictive duty.
[Added by Ord. No. 6425, enacted July 18, 1983; Amended by Ord. No. 6522, enacted Dec. 17,
1986.]




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PERMITS FOR WILD AND EXOTIC ANIMALS

5.646         Permit Required.
                     (1)     No person shall keep or maintain a wild or exotic animal without first
having obtained a permit from the City Manager or his/her designee.
                     (2)     Permits shall be valid for one (1) year from the date of issuance unless
sooner revoked. Permit applications shall be made on forms to be supplied by the City Manager.
[Added by Ord. No. 94-31, enacted Oct. 5, 1994.]

5.648           Conditions and Revocation.
                       (1)     Pursuant to the issuance of a permit, the City Manager may impose
conditions on the keeping and maintaining of an animal necessary for the welfare of the animal,
safety of the owner, and the protection of the general public. Failure of the owner to abide by such
conditions shall be grounds for revocation of the permit by the City Manager. In the event that
sufficient conditions cannot be imposed, the City Manager shall not issue a permit. Denial may be
appealed to the City Council.
                       (2)     If, from facts coming to the attention of the City Manager, it is
determined that the conditions of the permit have been or are being violated, the City Manager shall
notify the owner, by either certified mail or personal service, to remove the animal from the City
within ten (10) days of such service.
                       (3)     The owner shall cause the animal to be removed, unless within the ten
(10) day period the owner appeals the order to the City Council, which shall then determine whether
the animal should be removed.
                       (4)     Revocation of the permit shall not be the exclusive remedy for the
violation of the conditions of the permit.
[Added by Ord. No. 94-31, enacted Oct. 5, 1994.]




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NUISANCES AFFECTING PUBLIC WELFARE

5.650           Junk.
                         (1)     No owner or person in charge of property shall keep any junk outdoors
on any street, lot or premises; or in a building that is not wholly or entirely enclosed except for doors
used for ingress and egress.
                         (2)     This Section shall not apply to junk kept in a duly licensed junk yard or
automobile wrecking house.

5.652           [Repealed by Ord. No. 6522, enacted Dec. 17, 1986.]

5.654           Unsightly Property.
                        (1)    No owner or person in charge or property shall permit such property or
any structure or building located thereon to reach such a condition of dilapidation or neglect as to
become unsightly and an eyesore in the City.
                        (2)    Conditions of the property affecting its appearance shall include but are
not limited to the following:
                               (a)     Missing or broken windows or exterior doors.
                               (b)     Chipped or peeling exterior paint or the lack of State Structural
                        Specialty Code-approved exterior protective siding.
                               (c)     Broken, rotted, split or buckled exterior wall coverings or roof
                        coverings.
                               (d)     Noxious vegetation, untended shrubs or bushes, or dead or
                        diseased trees or shrubs.
                               (e)     Sagging, broken, split or rotted porches, steps, stairs or fences.
                               (f)     Lack of adequate garbage or rubbish storage facilities.
                        (3)    On the signed complaint of three separate householders or property
owners made to the Officer within any one hundred twenty (120) day period, the Officer shall
investigate the complaints and, if a nuisance exists, proceed either to have the nuisance abated as
provided in Sections 5.664 to 5.676 or, when appropriate, under the provisions of the code for
abatement of dangerous buildings, or cite the person responsible as provided in Section 5.682.

5.656         Unlawful Graffiti Nuisance on Private Property.
              (1) No owner or person in charge of property may permit graffiti, as defined in
Klamath Falls Code Section 5.600, to remain on said property for a period in excess of ten (10)
days.
              (2) This section shall not apply to markings which:
                      (a) are a part of the general color scheme of the building or structure; and
                      (b) do not contain words or symbols; and
                      (c) were applied by the owner or person in charge, or an agent thereof; or
                      (d) are a part of a sign, which has been previously approved by the City,
   with the painting or marking reviewed by the City Planning Division or Commission,
   pursuant to Klamath Falls Community Development Ordinance Sections 14.300 through

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   14.368.
              (3) Graffiti is found to be a nuisance and shall be abated pursuant to the provisions
of Klamath Falls Code Sections 5.664 through 5.692.
[Added by Ord. No. 09-02, enacted March 2, 2009.]

5.658 Parking of Motor Vehicles in Front Yards.                         (1)     No person shall park or
store, or allow to be parked or stored on property owned by or their control, any motor vehicle in the
front yard of a residential property except upon an improved surface.
                        (2)     As used in this Section "front yard" shall have the meaning ascribed to
it in Section 10.010, and improved surfaces shall mean a surface improved with either concrete,
asphalt or gravel and access to the street without going over a curb.
                        (3)     This section shall not apply to the temporary parking of a motor vehicle
in a front yard for the purposes of loading, unloading or washing, nor shall it be construed to allow
parking on the park strip in violation of section 6.605(3).
[Added by Ord No. 94-13, enacted May 29, 1994.]




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UNENUMERATED NUISANCES


5.660           Unenumerated Nuisances.
                        (1)     The acts, conditions or objects specifically enumerated and defined in
Sections 5.600 to 5.654 are declared public nuisances. Such acts, conditions or objects may be abated
by the procedures set forth in Section 5.664 to 5.676 and are subject to the enforcement provisions of
Section 5.682.
                        (2)     In addition to the nuisances specifically enumerated within Sections
5.600 to 5.654, every other thing, substance or act which is determined by the Council to be injurious
or detrimental to the public health, safety or welfare of the City or its citizens is declared a nuisance
and may be abated as provided in Sections 5.644 to 5.676.




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ABATEMENT PROCEDURE

5.664           Notice.
(1)     Upon determination by the Officer that a nuisance exists, the Officer may cause a notice
to be posted on the premises or at the site of the nuisance, directing any person responsible to
abate the nuisance, or the Officer may issue a citation pursuant to Section 5.682. Where the
premises are unoccupied or posting a notice upon the premises is not practical, the Officer shall
mail a notice letter to the premises by first class mail.

(2)     As soon as practical after the time of posting or mailing of the notice as provided in
Subsection (1), the Officer shall cause a copy of the notice or letter to be forwarded by first class
mail, postage prepaid, to the owner of the premises at his/her last know address according to the
records of the Klamath Count Assessor, or as personally changed by the Owner via written
notification to the Code Enforcement office.

(3)     The posted notice and the notice letter directing abatement shall contain:
        (a) A description of the real property, by street address or otherwise, on which the
        nuisance exists.
        (b) A direction to abate the nuisance within a time period not less than the time period
            provided by Section 5.670, said time period to run from the date of posting or mailing
            the notice, as applicable.
        (c) A description of the nuisance.
        (d) A statement that, unless the nuisance is removed, the City may abate the nuisance and
            the cost of the abatement will be charged to the person responsible.
        (e) A statement that failure to abate a nuisance may warrant imposition of a fine.
        (f) A statement that the person responsible may protest the order to abate by giving notice
            to the City Manager within five (5) days from the date of the notice.
(4)     Upon completion of the posting and mailing(s):
        (a) The Officer posting a notice shall note the time, date and location of the posting; and
        (b) The person(s) mailing notices shall note the date and address of all mailings; and
        (c) The Officer shall schedule, or cause to be scheduled, a follow-up inspection to verify
            whether the nuisance has been abated.
(5)     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.
(6)     In lieu of the posting and mailing(s) required by this Section, personal service of the
notice to abate upon the person responsible shall be sufficient.
[Amended by Ord. No. 08-16, enacted Dec. 1, 2008.]

5.666          Abatement by the Person Responsible.
                      (1)     Within the appropriate time period provided in Section 5.670, and after
the posting of such notice as provided in Section 5.664, the person responsible shall remove the
nuisance or show that no nuisance exists.



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                       (2)     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.
                       (3)     The statement shall be referred to the Council as a 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. 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.
                       (4)     If the Council determines that a nuisance does, in fact, exist, the person
responsible shall, within the relevant abatement period after the Council determination, abate the
nuisance.

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

5.670           Abatement Periods.
        (1)     The person responsible shall abate nuisances within the following time periods:
                (a)    Thirty (30) days for nuisances specified in Sections 5.628 and 5.654.

                (b)     Ten (10) days for nuisances specified in Section 5.656.

            (c)     Five (5) days for all other nuisances for which the abatement period is not
         otherwise provided.
[Amended by Ord. No. 09-02, enacted March 2, 2009.]

5.672          Abatement by the City.
                       (1)     If, within the time allowed, the nuisance has not been abated by the
person responsible, the City Manager or his/her designee may cause the nuisance to be abated.
                       (2)     The City shall have the right at reasonable times to enter into or upon
property to investigate or cause the removal of a nuisance.
                       (3)     The City Manager or his/her designee shall keep an accurate record of
the expense incurred by the City in physically abating the nuisance and shall include therein a charge
of Thirty-Five Dollars ($35.00) or twenty-five percent (25%) of those expenses, whichever is greater,
for administrative overhead.
[Amended by Ord. No. 6522, enacted Dec. 17, 1986; Amended by Ord. No. 6619, enacted June 19,
1991.]

5.674           Assessment of Costs.
                       (1)     The City Manager or his/her designee, by certified mail, postage
prepaid, shall forward to the person responsible, if the owner, a notice stating:
                               (a)    The total cost of abatement, including the administrative
                       overhead.

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                                 (b)     That the cost as indicated will be assessed to and become a lien
                         against the property unless paid within thirty (30) days from the date of the
                         notice.
                                 (c)     That if the person responsible objects to the cost of the
                         abatement as indicated, he/she may file a notice of objection with the City
                         Manager not more than ten (10) days from the date of the notice.
                         (2)     Upon the expiration of ten (10) days after the date of the notice, the
Council, in the regular course of business, shall hear and determine, pursuant to 1.025(5), the
objections to the costs assessed.
                         (3)     If the costs of the abatement are not paid within thirty (30) days from
the date of the notice, an assessment of the costs, as stated or as determined by the Council, shall be
made and shall thereupon be entered in the docket of City liens together with a late fee of Ten
Dollars ($10.00). Upon such entries being made, it shall constitute a lien upon the property from
which the nuisance was removed or abated.
                         (4)     The lien shall be enforced in the same manner as liens for street
improvements are enforced and shall bear interest at the rate of twelve percent (12%) per annum. The
interest shall commence to run from the date of the entry of the lien in the lien docket.
                         (5)     An error in the name of the 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.
[Amended by Ord. No. 6410, enacted Dec. 20, 1982; Amended by Ord. No. 6619, enacted June 19,
1991.]

5.676           Summary Abatement. The procedure provided in Sections 5.664 to 5.674 is not
exclusive, but is in addition to procedure provided by other Code sections. The Officer, the Fire
Chief, the Police Chief, or any other City official may proceed summarily to abate a health or other
nuisance which unmistakably exists and which imminently endangers human life or property.




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ADMINISTRATION AND ENFORCEMENT

5.680           Administration.
                       (1)    For purposes of administering the provisions of Sections 5.600 to
5.676, the City Manager shall appoint a Health and Safety Officer for the City. Such Officer shall
have full power and authority to do any and all things necessary, incidental or proper in the
enforcement of said Sections, excluding the power to arrest.
                       (2)    No person shall hinder or attempt to prevent the Officer, or anyone
working under the authority of the Officer or the City Manager, from enforcing the provisions of
these Sections.
                       (3)    The provisions of Sections 5.600 to 5.676 shall also be enforced by the
City police officers and such other City employees as may be so designated by the City Manager.

5.682           Enforcement by Citation. In addition to the abatement procedures set forth in
Sections 5.664 to 5.676, the Officer may issue a citation to a person responsible for a nuisance
violation in lieu of a formal complaint.

5.683          Enforcement Fees.
                      (1)     In order to defray the costs of enforcement of Sections 5.600 to 5.660
(the Nuisance Code), the Public Safety Officer or his/her designee (the Officer) shall impose fees on
those properties and owners of those properties which are found not to be in compliance with the
Nuisance Code in those instances where the owner is the person responsible.
                      (2)     The City shall charge a monthly enforcement fee for each property that
meets the following conditions:
                              (a)     The property is subject of a written notice of violation, as
                      described in Section 5.685;
                              (b)     A response period of thirty (30) days has passed since the
                      effective date of the initial notice of violation; and
                              (c)     The property remains out of compliance with the initial notice
                      of violation or any subsequent notice of violation.

                         (3)      The amount of the monthly enforcement fee shall be FIFTY
DOLLARS ($50.00) per month for the first three (3) months. Thereafter the monthly fee shall be
doubled every three months until paid in full.                  (4)      Whenever the owner believes
that all violations listed in the first or any subsequent notice of violation have been corrected, they
shall so notify the Officer. Upon receipt of such notice, the Officer shall promptly schedule an
inspection of the property and shall notify the owner if any violations remain uncorrected. If
compliance occurs after the thirty (30) day notice period has run, a TWENTY-FIVE DOLLARS
($25.00) inspection fee shall be paid by the owner.
                         (5)      Once monthly enforcement fees begin, they shall continue until all
violations listed in the first or any subsequent notice of violation have been corrected.
                         (6)      When a property meets the conditions for charging an enforcement fee
as described in (2) above, the City shall then:

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                                 (a)      Notify the occupant(s) and the property owner(s) of the
                         assessment of enforcement fees;
                                 (b)      Record a property lien in the City Lien Docket and record a
                         Notice of Pending Lien with Klamath County;
                                 (c)      Bill the property owner(s monthly for the full amount of
                         enforcement fees owing, plus an additional ten percent (10%) to cover
                         administrative costs together with interest at 12% per annum; and
                                 (d)      Maintain lien records until
                                          (1)     The lien and all associated interest, penalties, and costs
                                 are paid in full; and
                                          (2)     The Officer certifies that all violations listed in the
                                 original or any subsequent notice of violation have been corrected.
                         (7)     Each person who has a legal or equitable interest in the property on or
after the effective date of a notice of violation shall be personally liable for fees imposed pursuant to
this section, including all interest, civil penalties, and other charges.
[Added by Ord. No. 96-29, enacted Sept. 17, 1996;
amended by Ord. No. 96-37; enacted Dec. 3, 1996.]

5.685           Notice of Violation. If the Officer finds one or more                     violations of the
provisions of the Nuisance Code, the Officer shall in writing notify the owner or the owner=s local
agent and the occupant of the existence of the violations. The method of serving the notice to the
owner shall be one or more of those described in (3) below. Failure to comply with the notice shall
be a violation of these Acts.
                        (1)     The notice of violation shall:
                                (a)     Give the street address and a legal description sufficient for
                        identification of the property;
                                (b)     Describe the violation at the property;
                                (c)     Disclosure that fees, charges ,and liens as described in Section
                        5.683 may result form a failure to remedy the violations;
                                (d)     Specify a response period during which the property may be
                        brought into compliance with this Title before fees, charges, or liens will be
                        assessed; and
                                (e)     Disclose the owner=s right to appeal the findings of the notice
                        of violation.
                        (2)     The effective date of a notice of violation shall be the date of service of
the notice to the owner. The date of service shall be the day on which the notice is:
                                (a)     Mailed first class to the property owner at the address shown
                        on the last available assessment roll in the office of the county assessor;
                                (b)     Mailed first class to any local agent for the property; or
                                (c)     Delivered personally to the property owner or any local agent
                        for the property.
                        (3)     The Officer shall monitor compliance with the notice of violation
through periodic tracking and inspection. Once a notice of violation has been sent, the owner shall

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be responsible for all enforcement fees associated with the property, as described in Section 5.683,
until the violations are corrected.
                        (4)     The Officer may set time limits in which the violations are to be
corrected. Failure
to comply with the time limits shall be a violation of these Acts.
[Added by Ord. No. 96-29, enacted Sept. 17, 1996.]

5.686           Exceptions to Enforcement Fees.
                        (1)   When all outstanding violations on a property, except those requiring
exterior repair, have been corrected, the Officer may, at the request of the owner, temporarily
suspend enforcement fees due to inclement weather until the following May 1st. Suspension of fees
shall not in any case extend more than one (1) year beyond the effective date of the initial notice of
violation.
                        (2)   If the owner fail to correct violations within the stated period of
suspension, the City shall immediately charge the full value of all suspended fees.
[Added by Ord. No. 96-29, enacted Sept. 17, 1996.]

5.687           Hardships.
                       (1)     When the literal application of the requirements of these Acts would
cause undue hardship to the owner or occupants of the affected structure, an exception may be
granted by the Officer upon application. The application shall state the reasons for the requested
exception, and shall be in writing. However, regardless of hardship, an exception may only be
granted when all safety and sanitary conditions are met. This Section shall not be construed so as to
evade the provisions of these Acts.
                       (2)     Any exception granted by the Officer shall be in writing and shall state
the reasons for granting that exception. A copy of the Officer=s decision shall be kept in the files of
the Community Development Department.
[Added by Ord. No. 96-29, enacted Sept. 17, 1996.]

5.688           Appeals. Whenever a responsible party has been given an               order pursuant to
these Acts and has been directed to make any correction, to perform any act, or to incur any expense,
the party may have the order reviewed by the Community Development Director. If a review is
sought, the party shall submit a written request to the Community Development Department within
fifteen (15) days of the date of the order. Pending determination by the Director, the order will be
stayed. Following the review, the Director shall issue a written determination.
[Added by Ord. No. 96-29, enacted Sept. 17, 1996.]

5.690           Penalties. Violation of any of the provisions of Sections 5.600 to 5.660 is punishable
by fine of not less than Fifty Dollars ($50.00), nor more than Five Hundred Dollars ($500.00).
[Amended by Ord. No. 6522, enacted Dec. 17, 1986; Amended by Ord. No. 6619, enacted June 19,
1991.]




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5.692          Abatement in Lieu of Fine. The abatement of a nuisance is not a penalty for
violating any provision in Sections 5.600 to 5.660, but is an additional remedy. The imposition of a
penalty does not relieve a person of the duty to abate a nuisance. However, abatement of a nuisance
within the time provided from the date of notice to abate, or, if a written protest has been filed, then
from the date of Council determination that a nuisance exists, shall relieve the person responsible
from the imposition of any find under Section 5.690 for that nuisance.




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                6. TRAFFIC AND PARKING


GENERAL
6.005       Short Title
6.010       Definitions
6.015       Powers of the Council
6.020       Duties of the Manager
6.025       Duties of the Manager; Council Approval
6.030       Public Danger
6.035       Standards
6.040       Authority of Police and Fire Officers

TRAFFIC CONTROL
GENERAL REGULATIONS
6.100     Applicability of State Traffic Laws
6.102     Impoundment of Vehicles
6.103     Redemption
6.105     Crossing Private Property
6.110     Trespass Driving
6.115     Unlawful Riding
6.120     Sleds, etc. on Streets
6.125     Damaging Sidewalks and Curbs
6.135     Horse Use Restricted
6.140     Removing Glass and Debris
6.145     Storage of Motor Vehicles on Streets
6.150     Right of Way of Military Vehicles
6.155     Speed Limits in Parks and Cemeteries
6.160     Obstructing Public Ways
6.165     Pedestrians Must Use Crosswalks
6.170     Funeral Processions
6.175     Motor Truck Traffic Prohibited
6.180     Truck Routes Established
6.185     Motor Truck Parking Permit

PARADES
6.200       Definitions
6.205       Permits
6.210       Commercial Parades or Motorcades Prohibited
6.215       Offenses Against Parade
6.220       Permit Application
6.225       Issuance or Denial of Permit
6.230       Appeal to Council

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6.235        Revocation of Permit

BICYCLES, SKATEBOARDS AND ROLLER SKATES
6.250      Prohibited Areas
6.255      Bicycle Operating Rules
6.260      Impounding of Bicycles
6.265      Bicycle Licenses
6.270      Renting of Bicycles

ABANDONED VEHICLES
6.302    Definitions - Abandoned Vehicles

OVERSIZED VEHICLES AND LOADS
6.350     Authority
6.355     Definitions
6.360     Applicability
6.365     Permit Application
6.370     Application Review
6.375     Information From Applicant
6.380     Tentative Approval
6.385     Conditions on Permit
6.390     Denial of Application
6.395     Notice of Utility
6.400     Issuance of Permit
6.405     Removal of Facilities
6.410     Adjustment of Estimated Costs

PARKING REGULATIONS
GENERAL
6.600    Method of Parking
6.605    Prohibited Parking or Standing
6.610    Prohibited Parking
6.611    Prohibited Parking in Downtown Parking District
6.613    Information for Control of Parking in Downtown Parking District
6.615    Use of Loading Zone
6.620    Unattended Vehicles
6.625    Standing or Parking of Buses and Taxicabs
6.630    Restricted Use of Bus and Taxicab Stands
6.635    Double Parking
6.640    Parking on City Property
6.645    Parking on City-owned Parking Lot
6.650    Vehicles Parked on Street with Leak in Gas Tank Which Creates a
         Fire Hazard

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6.655        Extension of Parking Time
6.660        Exemption
6.700        Exceptions Applicable to Emergency and Governmental Vehicles
6.765        Delivery or Service Permit Cards
6.767        Parking Permits
6.770        Use of Service Permit Cards
6.775        Display
6.780        Prohibited Use
6.785        Courtesy Permits
6.790        Handicapped Parking Spaces

PARKING CITATIONS AND OWNER RESPONSIBILITY
6.800      Citation on Illegally Parked Vehicle
6.805      Failure to Comply with Parking Citation Attached to Parked
Vehicle
6.810      Owner Responsibility
6.815      Registered Owner Presumption

BOOT PROCEDURES
6.835     Boot Installation
6.840     Boot Removal
6.845     Boot Fees; Charges; Impounding

RESIDENTIAL PARKING ZONE
6.860     Declaration of Necessity and Purpose
6.865     Definitions
6.867     Creation of Residential Parking Zone
6.870     Issuance of Permits; Erection of Signs
6.875     Parking in Residential Permit Parking Zones
6.880     Parking Permit Violations

PENALTIES
6.990     Penalties




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                                6. TRAFFIC AND PARKING

GENERAL

6.005 Short Title. This chapter may be cited as the City of Klamath Falls Uniform Traffic
      Code.

6.010 Definitions. In addition to those definitions contained in the Oregon Vehicle Code,
      the following words or phrases, except where the context clearly indicates a different
      meaning, shall mean:
               Bus Stop. A space on the edge of a roadway designated by sign for the use of
      buses loading or unloading passengers.
               Holiday. Sunday, New Year's Day, Washington's Birthday, Memorial Day,
      Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day,
      and any other day proclaimed by the Council to be a holiday.
               Loading Zone. A space on the edge of a roadway designated by sign for the
      purpose of loading or unloading passengers or materials during specified hours of
      specified days.
               Motor Vehicle. Every vehicle that is self-propelled, including tractors,
      forklift trucks, motorcycles, road building equipment, street cleaning equipment, and
      any other vehicle capable of moving under its own power, notwithstanding that the
      vehicle may be exempt from licensing under the motor vehicle laws of Oregon.
               Street. Highway, road or street as defined in ORS 487.005(8).
               Taxicab Lane. That area of the roadway used for the movement of a single
      line of traffic.
               Vehicle. As used in this chapter, includes bicycles, skateboards and roller
      skates.
               Sidewalk. A pedestrian walkway located within a public right-of-way with a
      width of at least five (5) feet and composed of concrete or such other material as may
      be approved by Council.
[Added by Ord. No. 6373, enacted Jan. 4, 1982.]

6.015 Powers of the Council.
(1)   Subject to the State laws, the Council shall exercise all municipal traffic authority
      except those powers specifically and expressly delegated herein. Such authority may
      be exercised by ordinance, resolution or motion, at the discretion of the Council.
(2)   The powers of the Council shall include but not be limited to:
              (a)    Designation of direction of traffic flow.
              (b)    Designation of truck routes or streets where trucks are prohibited.

6.020 Duties of the Manager. The City Manager or the City Manager's designee shall
      exercise the following duties by administrative actions:


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(1)  Implement the ordinances, resolutions and motions of the Council and the City
     Manager's own orders by installing traffic control devices.
(2)  Designate through streets.
(3)  Restrict the use of certain streets
     by any class or kind of vehicle to protect the streets from damage.
(4)  Authorize greater maximum weights or lengths for vehicles using City streets than
     specified by State law where not deleterious to City streets or public safety.
(5)  Establish, maintain, remove or alter the following classes of traffic controls:
                     (a)     Traffic control signals.
                     (b)     Crosswalks, safety zones and traffic lanes.
                     (c)     Intersections channelization and areas where drivers of
                             vehicles shall not make right, left or U-turns and the time
                             when the prohibition applies.
                     (d)     Parking areas and time limitations, including the form of
                             permissible parking.
                     (e)     Loading zones and stops for all vehicles.
(6)  Issue over size or overweight vehicles permits.
(7)  Designate certain streets as bridle or bicycle paths and prohibit bicycles, horses and
     animals on other streets.
(8)  Keep and maintain a record showing a description of all signals now installed or
     hereafter installed on any street.
(9)  Issue special parking permits for government vehicles, visitors, handicapped persons,
     construction vehicles, and permits for use of the planting strip.
(10) Temporarily close to vehicular or pedestrian traffic any street when in the City
     Manager's opinion it is necessary to do so because of an emergency or for the
     protection of life, limb, public safety or property; or for the more expeditious
     movement of either vehicular or pedestrian traffic; or for special events of
     community interest; parades; or construction in a street right-of-way. The City
     Manager shall cause to be placed and maintained during such temporary closure "No
     Parking", "No Walking", "Street Closed" or other appropriate directional signs.
[Amended by Ord. No. 6373, enacted Jan. 4, 1982.]

6.025 Duties of the Manager; Council Approval. Prior to exercising any of the duties set
      forth in Section 6.020, the City Manager shall consult with and obtain the approval of
      all Council members whose wards will be specifically affected. In the event of an
      emergency, the City Manager may act without such prior consultation, provided that
      the appropriate Council members are subsequently contacted.

6.030 Public Danger. Under conditions constituting a danger to the public, the City
      Manager or his/her designee may install temporary traffic control devices deemed to
      be necessary.




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6.035 Standards. The regulations of the City Manager or his/her designee shall be based
      upon:
(1)   Traffic engineering principles and traffic investigations.
(2)   Standards, limitations and rules promulgated by the Oregon Transportation
      Commission.
(3)   Other recognized traffic control standards.

6.040 Authority of Police and Fire Officers.
(1)   It shall be the duty of the police officers to enforce the provisions of this chapter.
(2)   In the event of a traffic accident, fire or other public emergency, officers of the Police
      and Fire Departments may direct traffic as conditions require, notwithstanding the
      provisions of this chapter.




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       TRAFFIC CONTROL

       GENERAL REGULATIONS

       6.100 Applicability of State Traffic Laws. Violation of provisions of the Oregon Vehicle
             Code (ORS Chapters 801 through 822), as now or hereinafter constituted, shall be an
             offense against this City.
       [Amended by Ord. No. 6464, enacted Aug. 6, 1984; Amended by Ord. No. 6515, enacted
             Aug. 18, 1986; Amended by Ord. No. 6523, enacted Jan. 20, 1987; Amended by Ord.
             No. 6583, enacted Oct. 16, 1989; Amended by Ord. No. 93-13, enacted Aug. 18,
             1993.]

       6.102 Impoundment of Vehicles. Whenever a traffic citation is issued, or a physical arrest
             made for a violation of the Vehicle Code of the State of Oregon, or local traffic
             regulations, and the driver of such motor vehicle does not possess a valid operator's
             license, is driving on a suspended or revoked license, or is without proof of liability
             insurance as required by the Oregon Vehicle Code, the vehicle shall be impounded
             and towed by a licensed towing company to the towing company's garage. The
             towing and storage of a vehicle pursuant to this Section shall create a lien against the
             vehicle and any property left within the vehicle in favor of the towing company as
             provided by ORS 87.152.
       [Added by Ord. No. 93-13, enacted Aug. 18, 1993.]

6.103 Redemption. The owner of the impounded vehicle, or the owner’s authorized agent, may
      redeem such vehicle (between the hours of 8:00 a.m. and noon and 1:00 p.m. and 4:00 p.m.
      commending the next business day following the impounding of the vehicle) upon payment
      of the towing bill, vehicle storage fees in a per diem amount contractually established
      between the City and the service provider and a release fee of Fifty Dollars ($50.00). If
      redemption is not made within thirty (30) days after the vehicle is impounded, then such
      vehicle may be disposed of by the towing company in accordance with the procedure
      provided for in the foreclosure of liens under ORS 87.152 et. seq.

[Added by Ord. No. 93-13, enacted Aug. 18, 1993; Amended by Ord. No. 96-10, enacted May 2,
      1996; Amended by Ord. No. 07-09; Amended by Ord. No. 06-23, enacted Aug. 7, 2006.]

       6.105 Crossing Private Property. No operator of a vehicle shall proceed from one street
             to an intersecting street by crossing private property. This provision shall not apply
             to the operator of a vehicle who stops on property for the purpose of procuring or
             providing goods or services.

       6.110 Trespass Driving.




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(1)    No person shall drive a motor vehicle upon or across any public property without the
       express or implied consent of the public entity having jurisdiction over such
       property.
(2)    No person shall drive a motor vehicle upon or across any private property without the
       express consent of the person owning or having control over such property.

6.115 Unlawful Riding.
(1)   No operator shall permit a passenger and no passenger shall ride on a vehicle upon a
      street except on a portion of the vehicle designated or intended for the use of
      passengers. This provision shall not apply to an employee engaged in the necessary
      discharge of a duty or to a person riding within a truck body in a space intended for
      merchandise.
(2)   No person shall board or alight from a vehicle while the vehicle is in motion upon a
      street.

6.120 Sleds, etc. on Streets. No person shall use the streets for traveling on skis,
      toboggans, sleds or similar devices, except where authorized.

6.125 Damaging Sidewalks and Curbs.
(1)   The operator of a motor vehicle shall not drive upon a sidewalk, bikeway or parking
      strip except to cross at a permanent or temporary driveway.
(2)   No unauthorized person shall place dirt, wood or other material in the gutter or space
      next to the curb of a street with the intention of using it as a driveway.
(3)   No person shall remove a portion of a curb or move a motor vehicle or device upon a
      curb or sidewalk without first obtaining authorization and posting bond if required.
      A person who causes damage shall be held responsible for the cost of repair.

6.135 Horse Use Restricted.
(1)   No person shall ride, drive or lead a horse in a City park or on a city sidewalk,
      bikepath or other pathway except designated bridle paths.
(2)   No person under the age of fifteen (15) shall ride a horse on any City street or public
      right-of-way, except when accompanied by an adult.
(3)   Horse operators shall be responsible for cleaning-up any droppings from their horse.
(4)   As used in this section the term horse shall include mules, horses, donkeys, ponys
      and other similar animals.
[Amended by Ord. No. 94-17, enacted Aug. 11, 1994.]

6.140 Removing Glass and Debris. A party to a vehicle accident or a person causing
      broken glass or other debris to be upon a street shall remove the glass or other debris
      from the street.




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        6.145           Storage of Motor Vehicles and Personal Property on Streets.

                                                                                     (1) No person
shall store or permit to be stored on a street, alley or other public property, without written
permission of the City Manager, or his/her designee, a motor vehicle or personal property for
a period in excess of forty-eight (48) hours. Failure to move a motor vehicle for a period of
forty-eight (48) hours shall constitute prima facie evidence of storage of a motor vehicle.
Motor vehicles not being actively used for transportation and other personal property may
not remain on any City street, alley or other public property in excess of forty-eight (48)
hours, without written permission of the City Manager, or his/her designee. Written
permission granted by the City shall be prominently and visibly displayed as required by the
permit. This Section shall not apply to parking lots specifically designated for extended
parking.
                                                                                     (2) If a motor
vehicle has not been moved, or removed pursuant to an order entered in compliance with
Subsection (4) of this Section, within five (5) calendar days following service of a notice as
provided in Subsection (3) of this Section, the vehicle may be treated as “disabled or
abandoned” under ORS 819.110 and may be taken into custody and removed pursuant to the
notice and hearing requirements of ORS 819.110, and related statutes, including any
amendments thereto. For all other personal property, if such personal property has not been
removed within five (5) calendar days following service of a notice as provided in
Subsection (3) of this Section, the personal property may be immediately and summarily
taken into custody and removed by the City, and the owner and possessor of such property
shall be jointly and severally responsible for the costs of removal and storage of such
property.
        (3)         The initial notice required by Subsection (2) of this Section:
                       (a) Shall contain, to the extent practical, all of the information set forth
in ORS 819.170(2), including any amendments thereto;
        (b)         Shall be brightly colored and prominently and visibly displayed on the
offending motor vehicle(s) or other personal property;
        (c)         Shall be mailed to the registered owners of all vehicles, as identified by
Motor Vehicles Division records;
        (d)               Shall be mailed to any other person identified through investigation
as having any ownership or possessory rights in, or control over, the offending vehicle(s) or
personal property; and
        (e)         Shall be mailed by certified mail, return receipt requested, and first class
mail.
   (4) In the event a person having ownership or possessory rights in, or control over, any
        offending vehicles or personal property has been found to be in violation of this
        Section three or more times within any twelve-month period, the Municipal Court
        Judge may order that such persons remove all motor vehicles and/or personal
        properties under the person’s control from all City streets, alleys and other public
        properties for a period of twelve months. Persons violating a judicial removal order

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     issued under this Subsection may be held in contempt of court and may be charged
     with violation of this Subsection.
[Amended by Ord. No. 07-08, enacted March 5, 2007.]

6.155 Speed Limits in Parks and Cemeteries. No person shall operate or cause to be
      operated a motor vehicle in any City park or cemetery, whether within or without the
      boundaries of the City, at a speed which violates the basic rule of the State as set out
      in ORS 487.465; and in no event shall a motor vehicle be operated or caused to be
      operated at a speed in excess of 15 miles per hour.

6.160 Obstructing Public Ways.
(1)   Except as authorized by the City and in a manner prescribed by the City, and except
      as provided in Sections 6.020 or 6.040, no person shall obstruct the free movement of
      vehicles or pedestrians using the street, sidewalks or other public ways.
(2)   No person shall park or stand a vehicle in such a manner or location that it constitutes
      a hazard to public safety or an obstruction on the street, sidewalk or other public
      way.

6.165 Pedestrians Must Use Crosswalks.
(1)   No pedestrian shall cross a street other than within a crosswalk in blocks with
      marked crosswalks or if within two hundred (200) feet of a marked crosswalk.
(2)   A pedestrian shall cross a street at a right angle, unless crossing within a crosswalk.

6.170 Funeral Processions.
(1)   A funeral procession shall proceed to the place of internment by the most direct route
      which is both legal and practicable.
(2)   The procession shall be accompanied by adequate escort vehicles for traffic control
      purposes.
(3)   All motor vehicles in the procession shall be operated with their lights turned on.
(4)   No person shall unreasonably interfere with a funeral procession.
(5)   No person shall operate a vehicle that is not a part of the procession between the
      vehicles of a funeral procession.

6.175 Motor Truck Traffic Prohibited.
(1) Except as provided in Subsection (2), no person shall operate any motor truck upon any
       public street or alley within the City unless such street or alley has been designated
       as a truck route under Section 6.180.
(2)    Motor trucks being operated on public streets for the following specific purposes are
       exempt from the restriction imposed by Subsection (1) above:
                       (a)     Picking up or discharging goods at any business
                               establishment or residence in the City;
                       (b)     Going to or from a business in the City for the purpose of
                               fuel, service, or repair;

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                       (c)   Servicing utility facilities or construction sites in the City; or
                       (d)   Traveling to or from the driver's residence provided a permit
                             has been obtained pursuant to Section 6.185 and subject to
                             Klamath Falls City Code Section 6.605(2)(a). Provided,
                             however, such exempted vehicles shall depart from and return
                             to the nearest available truck route for each exempted trip,
                             they shall not cut through non-truck route areas between
                             stops.
(3)    For purposes of this Section, "motor truck" means every motor vehicle designed,
       used or maintained primarily for the transportation of property and having a gross
       weight in excess of eight thousand (8,000) pounds, excluding emergency
       governmental vehicles and City franchised vehicles. [Amended by Ord. No. 6371,
       enacted Nov. 16, 1981; Amended by Ord. No. 6375, enacted Jan. 18, 1982; Amended
       by Ord. No. 6508, enacted June 2, 1986.]

6.180 Truck Routes Established. Those streets, roads, and highways located within the
      limits of the City of Klamath Falls, shown on Schedule A and Schedule B are hereby
      designated as truck routes.
[Added by Ord. No. 6347, enacted July 20, 1981; Amended by Ord. No. 6419, enacted May
      2, 1983.]

6.185 Motor Truck Parking Permit.
(1)   No person shall park a motor truck in any residential zone or residentially designated
      area of a planned unit development zone of the City unless and until a motor truck
      residential parking permit has been obtained from the City Manager.
(2)   Application for a motor truck residential parking permit shall be made on forms
      provided by the City Planning Division and shall be accompanied by:
                      (a) Written consents of the occupants of all of the properties adjacent
                              to the property of the applicant; and
                      (b)    Written consents of the occupants of at least a simple majority
                              of the properties located within a distance of two hundred feet
                              in any direction from the external boundaries of applicant's
                              property.
(3)   As used in (2) above, "adjacent" shall mean the properties have at least one (1) foot
      of common property line, or would, if not separated by an alley right-of-way.
(4)   Approval of the permit shall be conditioned upon the following:
                      (a)     A change in occupancy of any property from which consent
                              was obtained under the application shall not require the
                              submittal of a new consent.
                      (b)     Applicant shall be responsible for compliance with all local
                              ordinances, including, but not limited to, restrictions for
                              parking of trucks on public streets, noise, noxious fumes and
                              home occupations. Failure to comply with any such

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                            ordinance shall be grounds for termination of the permit. In
                            addition, the City may revoke the permit upon thirty (30) day
                            written notice to the permit holder.
                    (c)     The permit shall automatically terminate at such time as the
                            applicant terminates residence at the address stated in the
                            permit.
                    (d)     The permit is valid for parking on private property only. It
                            does not extend authority for the parking of a motor truck on
                            or within the public street or its right-of-way.
                    (e)     Applicant shall use the most direct route available to move to
                            and from the location granted within the permit to an
                            established truck route.
                    (f)     The applicant shall maintain in the applicant's possession a
                            valid Residential Parking Permit at all times within any truck
                            kept on the premises of the residence described herein or in
                            coming to or going from the residence.
[Added by Ord. No. 6375, enacted Jan. 18, 1982.]




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PARADES

6.200 Definitions. As used in Sections 6.205 to 6.235, the following terms shall mean:
                    Manager. The City Manager or his/her designee.
                    Motorcade. An organized procession containing twenty-five (25) or
                           more vehicles, except a funeral procession, upon any public
                           street, sidewalk or alley.
                    Parade. A march or procession consisting of people, animals or
                           vehicles, or a combination thereof, except a funeral
                           procession, upon any public street, sidewalk or alley, which
                           does not comply with normal and usual traffic regulations or
                           controls. "Parade" includes walking, jogging, running, biking
                           and other similar events which do not comply with normal
                           and usual traffic regulations and controls.
[Amended by Ord. No. 6600, enacted May 21, 1990.]

6.205 Permits. No person shall conduct a parade or motorcade in or upon any public
      street, sidewalk or alley in the City or knowingly participate in a parade or motorcade
      unless and until a permit to conduct the parade or motorcade has been obtained from
      the City Manager or, as hereinafter provided, from the Council.

6.210 Commercial Parades or Motorcades Prohibited. No permit shall be issued
      authorizing the conduct of a parade or motorcade which the City Manager finds is
      proposed to be held for the sole purpose of advertising a product, goods, wares,
      merchandise, or event, and is designed to be held purely for private profit.

6.215 Offenses Against Parade. No person shall knowingly join or participate in a parade
      or motorcade conducted under permit from the City Manager in violation of any of
      the terms of the permit, nor knowingly join or participate in a permitted parade or
      motorcade without the consent and over the objection of the permittee, nor in any
      manner interfere with its progress, participants or orderly conduct.

6.220 Permit Application. A person who wants to conduct a parade or motorcade shall
      apply to the City Manager for a permit at least thirty (30) days in advance of the date
      of the proposed parade or motorcade. The City Manager may, in his/her discretion,
      consider any application for a permit to conduct a parade or motorcade which is filed
      less than thirty (30) days prior to the date such parade or motorcade is to be
      conducted. The application for such permit shall be made in writing on a form
      approved by the City Manager. In order that adequate arrangements may be made
      for the proper policing of the parade or motorcade, the application shall contain the
      following information:
(1)   The name of the applicant, the sponsoring organization, the parade or motorcade
      chairperson, and the address and telephones of each.

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(2)    The purpose of the parade or motorcade, the date and when it is proposed to be
       conducted, the location of the assembly area, the location of the disbanding area,
       route to be traveled, and the approximate time when the parade or motorcade will
       assemble, start and terminate.
(3)    A description and the number of the individual floats, animals, marching units,
       vehicles, bands, including a description of any sound-amplification equipment to be
       used.
(4)    The number of persons proposed to be provided by the applicant to monitor the
       parade or motorcade.
(5)    Such other information as the City Manager may consider reasonable and necessary.

6.225 Issuance or Denial of Permit.
(1)   The City Manager shall issue a parade or motorcade permit conditioned upon the
      applicant's written agreement to comply with the terms of the permit, unless the City
      Manager finds that:
              (a)     The time, route and size of the parade or motorcade will disrupt, to an
      unreasonable extent, the movement of other traffic.
              (b)     The parade or motorcade is of a size or nature that requires the
      diversion of so great a number of Police officers of the City to properly police the
      line of movement and the areas contiguous thereto that allowing the parade or
      motorcade would deny reasonable police protection to the City.
              (c)     The parade or motorcade will interfere with another parade or
      motorcade for which a permit has been issued.
              (d)     The information contained in the application is found to be false or
      nonexistent in any material detail.
              (e)     The applicant refuses to agree to abide by or comply with all
      conditions of the permit.
(2)   If the City Manager finds one or more of the criteria in Subsection (1), other than
      Subpart (e), he/she may impose such reasonable conditions in the permit as may be
      necessary to alleviate the finding, including but not limited to:
              (a)     Requiring an alternate date.
              (b)     Requiring an alternate route.
              (c)     Restricting the size of the parade or motorcade.
(3)   The City Manager shall notify the applicant of the decision within five (5) days of
      receipt of the application.
(4)   If the City Manager proposes alternatives or refuses to issue a permit, the applicant
      shall have the right to appeal the decision to the Council.

6.230 Appeal to Council. An applicant under Section 6.220 may appeal the decision of
      the City Manager pursuant to Section 1.025.
6.235 Revocation of Permit.
(1)   Any permit for a parade or motorcade issued pursuant to Section 6.225 may be
      summarily revoked by the City Manager at any time when by reason of disaster,

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      public calamity, riot or other emergency the City Manager determines that the safety
      of the public or property requires such revocation. Notice of such action revoking a
      permit shall be delivered in writing to the permittee by personal service or be
      certified mail.
(2)   A revocation determination may be appealed pursuant to the provisions of Section
      1.025.




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BICYCLES, SKATEBOARDS AND ROLLER SKATES

6.250 Prohibited Areas.
(1)   No person shall skate or travel by means of a skateboard or roller skates within the
      Veteran’s Memorial area at Veterans Memorial Park or upon, over or along the
      streets or sidewalks of the following thoroughfares in the City:

               Main Street from Riverside Drive to the Government Canal; East Main
     Street from Main Street to Sixth Street; Klamath Avenue from Second Street to
     Eleventh Street; Ninth Street from Klamath Avenue to Prospect Street; Prospect
     Street from Ninth Street to Upham Street; Upham Street from Worden Street to
     Oregon Avenue; Oregon Avenue from Upham Street to Biehn Street; Biehn Street
     from Oregon Avenue to Kit Carson Way; Tenth Street from Main Street to the
     Government Canal; Esplanade from Main Street to the Government Canal; Riverside
     Street from City limits to Main Street; Eighth Street from Klamath Avenue to
     Jefferson Street; Sixth Street from Pine Street south to City limits; Pine Street from
     Second Street to Eleventh Street; Eleventh Street from Klamath Avenue to Upham
     Street; Seventh Street from Klamath Avenue to Pine Street; Fifth Street from Pine
     Street to Sixth Street; Fourth Street from Klamath Avenue to Pine Street; Third Street
     from Klamath Avenue to Pine Street; Second Street from Klamath Avenue to Pine
     Street.
[Amended by Ord. #08-07, enacted 2-5-08.]
(2)  No person shall ride a bicycle upon a sidewalk along the streets described in
     Subsection (1).
(3)  As used in this Section, "skateboard" means a board of any material, natural or
     synthetic, with wheels affixed to the underside, designed to be ridden by a person.

6.255 Bicycle Operating Rules. In addition to observing all other applicable provisions of
      this Ordinance and State law pertaining to bicycles, no person shall leave a bicycle,
      except in a bicycle rack. If no rack is provided, the person shall leave the bicycle so
      as not to obstruct any roadway, sidewalk, driveway or building entrance. A person
      shall not leave a bicycle in violation of the provisions relating to the parking of motor
      vehicles.

6.260 Impounding of Bicycles.
(1)   No person shall leave a bicycle on public or private property without the consent of
      the person in charge or the owner thereof.
(2)   A bicycle left on public property for a period in excess of twenty-four (24) hours may
      be impounded by the Police Department.
(3)   In addition to any citation issued, a bicycle parked in violation of this chapter may be
      immediately impounded by the Police Department.

6.265 Bicycle Licenses.

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(1)  Bicycle licenses shall be issued and renewed by the Police Chief.
(2)  There shall be no fee for a bicycle license.
(3)  A bicycle, whether or not licensed under the regulations of any other governmental
     unit, if brought into this City, shall be licensed in accordance with this chapter within
     thirty (30) days.
(4)  No bicycle shall be licensed which is not equipped in accordance with requirements
     of the Oregon Vehicle Code.
[Amended by Ord. No. 6515, enacted Aug. 18, 1986.]

6.270 Renting of Bicycles. No person shall rent to another a bicycle not licensed as
      required by Klamath Falls City Code Section 6.265.
[Amended by Ord. No. 6515, enacted Aug. 18, 1986.]




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ABANDONED VEHICLES

6.300 [Repealed by Ord. No. 6374, enacted Jan. 4, 1982.]

6.302 Definitions - Abandoned Vehicles. For purposes of applying the Abandoned
      Vehicle provisions of the Oregon Vehicle Code within the City, the following words
      or phrases shall mean:
              Abandoned Vehicle. A vehicle left unoccupied and unclaimed or in a
      damaged or dismantled condition such that the vehicle is inoperable.
              Hazard or Obstruction to Traffic. Leaving a vehicle in a location or condition
      such as to constitute an immediate and continuous hazard to the safety of persons
      using the streets or alleys of the City. For example, and not by limitation, leaving:
              (1)     Vehicles blocking public or private right-of-ways.
              (2)     Vehicles with leaks in gas tanks.
              (3)     Vehicles blocking fire hydrants.
              Hearings Officer. The Municipal Court Judge.
      [Added by Ord. No. 6374, enacted Jan. 4, 1982; Amended by Ord. No. 6515, enacted
      Aug. 18, 1986.]

6.305 [Repealed by Ord. No. 6374, enacted Jan. 4, 1982.]

6.310 [Repealed by Ord. No. 6374, enacted Jan. 4, 1982.]

6.315 [Repealed by Ord. No. 6374, enacted Jan. 4, 1982.]

6.320 [Repealed by Ord. No. 6374, enacted Jan. 4, 1982.]

6.325 [Repealed by Ord. No. 6374, enacted Jan. 4, 1982.]

6.330 [Repealed by Ord. No. 6374, enacted Jan. 4, 1982.]




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6.335 [Repealed by Ord. No. 6374, enacted Jan. 4, 1982.]

6.340 [Repealed by Ord. No. 6374, enacted Jan. 4, 1982.]

6.345 [Repealed by Ord. No. 6374, enacted Jan. 4, 1982.]




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OVERSIZED VEHICLES AND LOADS

6.350 Authority. Sections 6.350 to 6.410 are enacted pursuant to the authority vested in
      the City by ORS 483.528.

6.355 Definitions. As used in Sections 6.350 to 6.410, the following words and phrases
      shall mean:
            Facilities. Any electrical wires, telephone lines, traffic control devices, TV
      cables, or similar facilities running over or along City streets and alleys.
            Permittee. The person to whom a permit to move a structure has been issued
      pursuant to Section 6.400.
            Oversized Vehicle. Any vehicle or combination of vehicles, including loads
      which exceed fourteen (14) feet in height or eight feet in width, as determined by
      ORS 483.504.
            Utility. Any private or public entity or person owning or controlling facilities.

6.360 Applicability. No person shall move an oversized vehicle over the streets or alleys
      of the City without first obtaining a permit from the City pursuant to Section 6.400.

6.365 Permit Application.
(1)   Any person desiring to move an oversized vehicle over City streets or alleys shall
      apply in advance for a permit from the Police Chief. The application shall be on a
      form prescribed by the City.
(2)   In addition to such other information as may be required, the application shall
      describe the height and width of the vehicle, the proposed route, the length of time
      necessary for the move, and the vehicle or load to be moved. The application shall
      be signed by the applicant.
(3)   The application shall be accompanied by proof of public liability and property
      damage insurance in the sum of at least Three Hundred Thousand Dollars
      ($300,000.00).

6.370 Application Review. The Police Chief shall refer each such application to a person,
      department or agency designated by the City Manager to review the application.
      Approval or denial of the application shall be based on consideration of all available
      evidence indicating whether the applicant meets the requirements for the permit. The
      permit shall not be granted if:
(1)   The information supplied for the review does not indicate that the applicant has the
      special knowledge or skill required to perform the move;
(2)   The move would endanger property or the public health or safety; or
(3)   The applicant's past or present violation of law or ordinance, including such violation
      as does not lead to a conviction, presents a reasonable doubt about his/her ability to
      perform the move without danger to property or public health or safety.



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6.375 Information From Applicant. A person or department designated to review an
      application may require the applicant to supply additional information necessary to
      determine the applicant's qualifications for the permit. If the applicant fails to supply
      the information so required or submits false or misleading information, the permit
      shall be denied.

6.380 Tentative Approval. After receipts of reports from all persons and departments
      designated on the permit necessary to protect property or the public health and safety.
       Such conditions may include but are not limited to:
(1)   The route which shall be followed.
(2)   The hours during which the move may be made.

6.385 Conditions on Permit. The chief of Police or other City department may impose
      conditions on the permit necessary to protect property or the public health and safety.
       Such conditions may include but are not limited to:
(1)   The route which shall be followed.
(2)   The hours during which the move may be made.

6.390 Denial of Application. If, on the basis of the application review under Section
      6.470, the Police Chief determines that the applicant does not qualify for issuance of
      the permit applied for, the Police Chief shall notify the applicant in writing that the
      application has been denied. The notice shall state the reason for denial and inform
      the applicant of the provisions for appeal in Section 1.025.

6.395 Notice of Utility. Upon receipt of notice of tentative approval, the applicant shall
      contact the representative of every utility whose facilities may be affected by the
      move and shall pay in advance the utility's estimated cost and expense of cutting,
      raising, moving, lowering, repairing or replacing all affected facilities. The applicant
      shall also notify the utility of the time and date of the move.

6.400 Issuance of Permit. After making payment and giving notice to the affected
      utilities, as provided in Section 6.395, the applicant shall so advise the Police
      Chief. The Police Chief, after verifying with affected utilities that payment and
      arrangements for moving facilities have been made, shall issue the oversize
      vehicle permit upon receipt of the applicant’s permit fee. The City Manager is
      authorized to set and modify the oversize vehicle permit fee in accordance with
      the requirements of Section 1.075.
      [Amended by Ord. No. 07-09.]

6.405 Removal of Facilities. The owner, City Manager or representative of the utility
      whose facilities will be affected by the permitted move shall, provided estimated
      costs have been received, remove and clear all facilities to permit the passage of the
      oversized vehicle without unnecessary delay at the permitted time and date.

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6.410 Adjustment of Estimated Costs. If the actual cost of moving any facility exceeds
      the estimate paid, the permittee shall pay the difference within thirty (30) days of
      notice from the utility. The permittee shall be entitled to repayment by the utility of
      any amount by which the actual cost exceeds the estimate paid.




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PARKING REGULATIONS

GENERAL

6.600 Method of Parking.
(1)   Where parking space markings are placed on a street, no person shall stand or park a
      vehicle other than in the indicated direction and, unless the size or shape of the
      vehicle makes compliance impossible, within a single marked space, with the tires or
      wheels within 12 inches of the curb but not on the curb.
(2)   The operator who first begins maneuvering a motor vehicle into a vacant parking
      space on a street shall have priority to park in that space, and no other vehicle
      operator shall attempt to interfere.
(3)   Whenever the operator of a vehicle discovers that the vehicle is parked close to a
      building to which the Fire Department has been summoned, the operator shall
      immediately remove the vehicle from the area, unless otherwise directed by police or
      fire officers.
(4)   No person shall allow a vehicle to stand on any street unattended without first:
                      (a)      Effectively setting the brakes, except when such vehicle is
                               parked head-in to the curb;
                      (b)      Stopping the motor of the vehicle; and
                      (c)      Turning the front wheels of the vehicle into the curb or side of
                               the street when standing upon any perceptible grade.
(5)   More than one motorcycle and/or moped may be parked in a single marked space,
      providing no part of any of said vehicles extend on or beyond the space markings.
      Said vehicles shall have the rear tire against the curb and shall be diagonally parked
      in the direction of the traffic. As used herein, motorcycle and moped shall have the
      meanings ascribed by ORS 481.004.
[Amended by Ord. No. 6600, enacted Aug. 17, 1981.]

6.605 Prohibited Parking or Standing. In addition to the State motor vehicle laws
      prohibiting parking, no person shall park or stand:
(1)   A vehicle in an alley other than for the expeditious loading or unloading of persons
      or materials, and in no case for a period in excess of thirty (30) consecutive minutes.
(2)   Any motor truck, motor bus, or logging truck, loaded or unloaded:
             (a)      On any street within a residential district within the City; excepting,
             however, certain service vehicles, utility company trucks when actually going
             to, performing or coming from work which normally falls within the scope of
             the utility companies' construction, maintenance and repair work, and moving
             vans when actually engaged in moving or transporting goods.
             (b)      On any street in front of or near any hotel or apartment building
             between the hours of 9:00 p.m. of one day and 7:00 a.m. of the day that
             follows.



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     (3)    Within that area between the curb or the curb line and the abutting property
     line commonly known as the planting strip, subject to the following exceptions:
            (a)    In any zone as established by the Community Development
            Ordinance currently in force, other than any commercial or industrial zone, as
            permitted by the City Manager upon written application showing special need
            for such right; or
            (b)    In any commercial or industrial zone, upon improvement of the
            planting strip to standards provided by the City's Public Works Director.
            (c)    Provided, however, neither of the above exceptions shall operate to
            permit parking on or over a sidewalk.
[Amended by Ord. No. 6373, enacted Jan. 4, 1982.]

6.610 Prohibited Parking. No operator shall park and no owner shall allow a vehicle to
      be parked upon a street for the principal purpose of:
(1)   Displaying the vehicle for sale.
(2)   Repairing or servicing the vehicle, except repairs necessitated by an emergency.
(3)   Displaying advertising from the vehicle.
(4)   Selling merchandise from the vehicle, except when authorized.

6.611 Prohibited Parking in Downtown Parking District.
(1)   No person shall cause any motor vehicle to be parked in any one or more parking
      spaces upon public streets or public off-street parking lots for a period in excess of
      the posted parking limit.
(2)   No person shall park a motor vehicle in any designated reserve parking space without
      displaying an appropriate Downtown Parking District permit on the vehicle.
(3)   This Section shall not apply in designated long-term permit parking (whether on the
      street or in public controlled off-street parking lots) where the motor vehicle displays
      an appropriate Downtown Parking District permit.
(4)   Notwithstanding the above, any person who, while at his or her place of employment
      shall cause any motor vehicle owned, operated or controlled by that person to be
      parked in violation of any of the provisions of this Section shall be subject to twice
      the fines and bails as provided for non-employee/employer vehicles.
(5)   Any vehicle displaying a Downtown Parking District permit shall be presumed to be
      owned, operated or controlled by a person at his or her place of employment at the
      time of the infraction.
(6)   Any vehicle found to be in violation of one or more of the above restrictions three (3)
      or more times within any twelve (12) month period shall be subject to the twice the
      penalties otherwise applicable.
[Added by Ord. No. 6433, enacted Sept. 20, 1983; Amended by Ord. No. 6436, enacted
      Nov. 21, 1983; Amended by Ord. No. 94-35, enacted Jan. 6, 1995.]


6.613 Information for Control of Parking in Downtown Parking District.

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(1)   Upon request by the City:
                     (a)    An employer of a person employed part-time or full-time in
             the City shall furnish within ten days to the City the full name of the
             employer and employee.
                     (b)    A person self-employed part-time or full-time in the City shall
             furnish within ten days to the City his or her full name.
                     (c)    The information requested by this Section shall be supplied in
             a mode and on forms prescribed by the City.
[Added by Ord. No. 6433, enacted Sept. 20, 1983.]

6.615 Use of Loading Zone. No person shall stand or park a vehicle for any purpose or
      length of time, other than for the expeditious loading of persons or materials, in a
      place designated as a loading zone when the hours applicable to that loading zone are
      in effect. In no case, when the hours applicable to the loading zone are in effect,
      shall the stop for loading and unloading of materials exceed the time limits posted. If
      no time limits are posted, then the use of the zone shall not exceed thirty (30)
      minutes.

6.620 Unattended Vehicles. Whenever a police officer finds a motor vehicle parked or
      standing unattended with the ignition key in the vehicle, the officer is authorized to
      remove the key from the vehicle and deliver the key to the person in charge of the
      police station.

6.625 Standing or Parking of Buses and Taxicabs. The operator of a bus or taxicab shall
      not stand or park the vehicle upon a street in a business district at a place other than a
      bus stop or taxicab stand, respectively; except that this provision shall not prevent the
      operator from temporarily stopping the taxicab outside a traffic lane while loading or
      unloading passengers.

6.630 Restricted Use of Bus and Taxicab Stands. No person shall stand or park a vehicle
      other than a taxicab in a taxicab stand or a bus in a bus stop; except that the operator
      of a passenger vehicle may temporarily stop for the purpose of and while actually
      engaged in loading or unloading passengers when stopping does not interfere with a
      bus or taxicab waiting to enter or about to enter the restricted space.

6.635 Double Parking.
(1)   No person shall double park a vehicle on the streets of the City, except while loading
      or unloading passengers.
(2)   Double parking near an available regular parking space is prohibited under all
      conditions.
(3)   No person shall double park any motor truck upon any street in this City at the rear of
      and behind vehicles parked head-in to or alongside vehicles parked parallel with the
      street curb, except as provided in Subsection (4) of this Section.

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(4)    The owner or operator or a motor truck may obtain a limited time double parking
       permit from the Police Chief. Said permit shall allow a motor truck to double park
       for up to five (5) minutes while loading or unloading property if, and only if, there is
       no loading zone or parking space available on the same side and within the same
       block of the street as the address where pickup or delivery is being made. Conviction
       or bail forfeiture for a violation of this Section shall be basis for revocation of a
       permit and denial of future permits.

6.640 Parking on City Property. No person shall move a vehicle onto or leave a vehicle
      standing on a lot, other than a designated public parking lot, or on real estate owned
      by the City without the owner or the person lawfully in possession thereof having
      first been given permission to move such vehicle onto such lot or real estate by the
      Council or a properly authorized officer of the City.

6.645 Parking on City-owned Parking Lot.
(1)   No person shall move onto or leave standing a vehicle on any parking lot owned or
      leased by the City, which is provided for public parking in excess of the time limit
      posted upon the sign at the entrance of such parking lot.
(2)   No person shall move onto or leave standing a vehicle on any parking lot owned or
      leased by the City, which is provided for public parking, unless such vehicle is
      parked at the angle of and between painted strips or other markings upon the
      pavement and in such a way as not to impede other vehicles in the lot.
(3)   No person or motor vehicle shall go in or upon or be found within or upon the
      City-owned parking lot at City Hall between the hours of 3:00 a.m. and 6:30 a.m. of
      the same day throughout the year. City employees whose duties require them to be
      upon such premises and motor vehicles used to carry out these duties shall not be
      deemed in violation of this Subsection.
(4)   The City Manager shall establish, upon official motion of the Council, opening and
      closing hours for all City-owned or operated parking lots not covered by Subsection
      (3) of this Section.

6.650 Vehicles Parked on Street with Leak in Gas Tank Which Creates a Fire Hazard.
(1)   No person shall park or leave standing on the streets or alleys of the City motor
      vehicle with a leak in its gas tank (other than overflow from the nozzle of the tank
      caused by expansion from heat) that creates a fire hazard due to escaping gas.
(2)   When it is called to the attention of the Fire or Police Department that the hazard
      referred to in Subsection (1) of this Section exists, it shall investigate and if, in the
      opinion of the officer or representative of the Fire or Police Department making the
      investigation, a fire hazard does exist, which endangers other vehicles or property in
      the vicinity of the vehicle, the officer or representative of the Fire or Police
      Department shall either cause the vehicle creating the hazard to be moved to a safe
      location or cause it to be impounded.



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6.655 Extension of Parking Time. Where maximum parking time limits are designated by
      sign, movement of a vehicle within a block shall not extend the time limits for
      parking.

6.660 Exemption. The provisions of this Code regulating the parking or standing of
      vehicles shall not apply to a vehicle of the City, County or State or public utility
      while necessarily in use for construction or repair work on a street, or a vehicle
      owned by the United States while in use for the collection, transportation or delivery
      of mail, or a vehicle which has been issued a special parking permit pursuant to
      Section 6.020(9).

6.675 [Repealed by Ord. No. 6344, enacted July 6, 1981.]

6.680 [Repealed by Ord. No. 6344, enacted July 6, 1981.]

6.685 [Repealed by Ord. No. 6292, enacted July 7, 1980.]

6.690 [Repealed by Ord. No. 6344, enacted July 6, 1981.]

6.695 [Repealed by Ord. No. 6292, enacted July 7, 1980.]

6.700 Exceptions Applicable to Emergency and Governmental Vehicles. Emergency
      vehicles, when engaged in official business, shall be exempt from the terms and
      provisions of this Code.
[Amended by Ord. No. 6344, enacted July 6, 1981.]

6.705 [Repealed by Ord. No. 6344, enacted July 6, 1981.]

6.710 [Repealed by Ord. No. 6344, enacted July 6, 1981.]

6.715 [Repealed by Ord. No. 6344, enacted July 6, 1981.]

6.720 [Repealed by Ord. No. 6344, enacted July 6, 1981.]

6.725 [Repealed by Ord. No. 6344, enacted July 6, 1981.]

6.730 [Repealed by Ord. No. 6344, enacted July 6, 1981.]

6.735 [Repealed by Ord. No. 6344, enacted July 6, 1981.]

6.750 [Repealed by Ord. No. 6344, enacted July 6, 1981.]

6.755 [Repealed by Ord. No. 6344, enacted July 6, 1981.]

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6.760 [Repealed by Ord. No. 6344, enacted July 6, 1981.]

6.765 Delivery or Service Permit Cards. The City Manager may issue a service permit,
      including a vehicle identification card, to a person regularly using a passenger-type
      vehicle for the delivery of service or the delivery or pick up of merchandise. Upon
      proof of necessity, the City Manager may also issue a service permit for a
      commercial-type vehicle, if the vehicle is performing an essential service. The
      annual fee for a service permit shall be Twenty Dollars ($20.00) for each vehicle.

6.767 Parking Permits.
(1)   Upon recommendation of the Downtown Parking District Committee, the City
      Manager may issue parking permits allowing persons to park in designated lots in the
      district. The cost of such permits shall be Ten Dollars ($10.00) per month and may
      change from time to time by order of the City Manager upon recommendation of the
      Committee.
[Added by Ord. 6566, enacted April 3, 1989.]

6.770 Use of Service Permit Cards. A person with a service permit may use the vehicle
      for which an identification card has been issued by parking in a loading zone in
      compliance with the requirements for loading zones for a period not to exceed twenty
      (20) minutes, if he/she is occupying the space while actually engaged in the delivery
      of service or the pick up and delivery of merchandise.
[Amended by Ord. No. 6344, enacted July 6, 1981.]

6.775 Display. It shall be the duty of the person parking a vehicle with a properly issued
      permit to display the identification card in plain sight within the driver's compartment
      of the vehicle for which the card was issued.

6.780 Prohibited Use. No person shall use an identification card for a vehicle other than
      the vehicle for which it was issued, nor while using the licensed vehicle for any
      purpose other than that authorized by the permit. Willful violation of these
      provisions will result in forfeiture of the permit and denial of future permits.

6.785 Courtesy Permits.
(1)   The City Manager may, in his/her discretion, make courtesy permits available to
      visitors of the City. Such permits shall be valid for not more than three days and
      shall be free. These permits, if properly displayed in accordance with the direction
      prescribed by the City Manager, shall authorize the permittee to park his/her vehicle,
      without regard to time limits, in any parking space allowing over thirty (30) minutes
      of continuous parking.




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(2)    Downtown businesses may purchase courtesy parking permits for use by customers,
       clients, patients or patrons allowing all day parking in any two or three hour space in
       a public lot or on the street.

Said permits may be purchased for $30/quarter upon application to the Parking District.
Replace-ments for lost permits shall cost $10/per permit.

(3)    Use of a courtesy permit issued under (2) above by a downtown employer or
       employee is prohibited and shall be punishable by a minimum fine of $100.

It being deemed necessary for the preservation of public peace, health, safety and welfare
        that this Ordinance be enacted immediately, an emergency is declared to exist, and
        this Ordinance shall be in full force and effect from and after its passage by the City
        Council and its approval by the Mayor (Mayor Pro-tem).[Amended by Ord. No.
        6344, enacted July 6, 1981.][Amended by Ord. No. 97-5, enacted March 18, 1997.]

6.790 Handicapped Parking Spaces.
(1)     No person shall stand or park a vehicle for any purpose or length of time in a parking
        space designated for physically handicapped persons unless said vehicle displays a
        special decal, identifying insignia or plates issued by the State of Oregon pursuant to
        ORS 487.925 or a handicapped parking permit issued by
the City Manager and unless said marked vehicle is being utilized by the person to whom
        such decal, insignia, plates or permit was issued.
(2)     As used herein "Parking spaces designated for physically handicapped person" shall
        include any space so designated in a private parking lot which is otherwise open to
        the public for parking.
[Added by Ord. No. 6416, enacted April 4, 1983.]

6.795 [Added by Ord. No. 96-5, enacted Feb. 21, 1996; repealed by Ord. No. 99-14,
enacted Oct. 19, 1999.]




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PARKING CITATIONS AND OWNER RESPONSIBILITY

6.800 Citation on Illegally Parked Vehicle. Whenever a vehicle without an operator is
      found parked in violation of a restriction imposed by this Code or State law, the
      office finding the vehicle shall take its license number and any other information
      displayed on the vehicle which may identify its owner and shall conspicuously affix
      to the vehicle a parking citation instructing the operator to answer to the charge
      against him/her or pay the penalty imposed within the five days during the hours and
      at a place specified in the citation.

6.805 Failure to Comply with Parking Citation Attached to Parked Vehicle. If the
      operator does not respond to a parking citation affixed to a vehicle by the date of
      appearance in Court, the City Manager may send to the owner of the vehicle to which
      the parking citation was affixed a notice informing the owner of the violation and
      warning him/her that in the event that the notice is disregarded for a period of seven
      (7) days, a warrant for the arrest of the owner will be issued.

6.810 Owner Responsibility. The owner of a vehicle placed in violation of a parking
      restriction shall be responsible for the offense, except when the use of the vehicle
      was secured by the operator without the owner's consent.

6.815 Registered Owner Presumption. In a prosecution of a vehicle owner charging a
      violation of a restriction on parking, proof that the vehicle at the time of the violation
      was registered to the defendant shall constitute a presumption that the defendant was
      then the owner in fact.




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BOOT PROCEDURES

6.835 Boot Installation.
(1)      When a driver, owner or person in charge of a motor vehicle is:
         (a)              Summoned to respond to a charge against him/her for violating this
Code or ORS 221.340;
         (b)              Has had a citation filed against him/her for alleged violation of the
motor vehicle parking restrictions of the City but has failed to appear in response to the
citation; or
         (c)              Has five (5) or more traffic citations outstanding and delinquent, or
has two or more traffic citations outstanding and delinquent for ninety (90) days or more;
then
         Any officer of the City is authorized to immobilize the vehicle temporarily by
installing on or attaching to the vehicle a device designed to restrict the normal movement of
the vehicle.
(2)      When the vehicle is so immobilized, the officer who installs or attaches the device
         shall conspicuously affix to the vehicle a written notice, on a form provided by the
         Police Chief, advising the owner, driver or person in charge of the vehicle that it has
         been immobilized by the City for violation of this Code or ORS 221.340 and that
         release of the vehicle may be obtained at a designated place. Unless release of the
         vehicle is so arranged by 9:00 a.m. of the following day, the vehicle shall be removed
         from the streets at the direction of the Police Department. The notice shall contain
         whatever additional information the Police Chief deems necessary.

6.840 Boot Removal. No person other than an officer of the City may remove or attempt
to remove the device, or move or attempt to move the vehicle, before it is released by the
Police Department or the Clerk of the Municipal Court in accordance with Sections 6.835 to
6.845 of this Code.

6.845 Boot Fees; Charges; Impounding. When a motor vehicle is immobilized in
accordance with Section 6.835 of this Code, a release fee shall be charged by the Clerk of
the Municipal Court or by the Police Department, in addition to all other amounts lack of
payment of which has led to impoundment of the vehicle. The fee and all the other amounts
shall be paid before the vehicle is released. The City Manager is authorized to set and
modify the release fee in accordance with the requirements of Section 1.075. The parking
restrictions of the City shall not apply to a vehicle so immobilized. If the Vehicle is not
released by 9:00 a.m. of the day following its impoundment, the Police Department shall
have it impounded, after which it shall be subject to the provisions of Section 6.830 of this
Code concerning redemption and sale.
[Amended by Ord. No. 07-09.]




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RESIDENTIAL PARKING ZONE

6.860 Declaration of Necessity and Purpose. It is hereby found and declared:
(1)   That there exists within certain residential areas of the City a heavy concentration of
      vehicles which park all day.
(2)   That the presence of these vehicles causes vehicular congestion on residential streets,
      impedes the movement of traffic, and unduly restricts entry of residents to their
      homes.
(3)   That such vehicular congestion creates polluted air, excessive noise and trash and
      refuse.
(4)   That the conditions and evils mentioned in Subsection (1), (2), and (3), of this
      Section create blighted or deteriorated residential areas.
(5)   That establishment of residential permit parking zones will help to preserve the
      character of these areas as residential areas and will preserve property values.
(6)   That establishment of residential permit parking zones will reduce motor vehicles
      miles traveled in the City by requiring commuters to car pool or to utilize forms of
      transportation which are less polluting per person than private passenger motor
      vehicles, and thereby assist in the attainment of national and State ambient air quality
      standards.
(7)   That residential permit parking regulations are necessary to promote the health,
      safety and welfare of the inhabitants of the City.

6.865 Definitions. For purposes of Sections 6.860 to 6.880, the following definitions shall
      mean:
                    Commuter Vehicle. A motor vehicle parked in a residential area by a
                            person not a resident thereof.
                    Impacted by Commuter Vehicle. A condition whereby the average
                            number of commuter vehicles parking on streets in a
                            residential area is in excess of twenty-five percent (25%) of
                            the number of parking spaces in such streets, and the total
                            number of spaces actually occupied by any vehicles exceeds
                            seventy-five percent (75%) of the number of spaces on such
                            streets on the weekdays of any month.
                    Residential areas. Contiguous or nearly contiguous areas containing
                            public streets or parts thereof primarily abutted by residential
                            property or residential and non-business property such as
                            schools, parks, churches, hospitals and nursing homes.

6.867 Creation of Residential Parking Zone. The Council by ordinance may create
      residential parking zones in residential areas impacted by commuter vehicles
      following a public hearing. Council consideration may be initiated by the Council or
      at the request of any one or more abutting property owners. Notice of the public
      hearing shall be mailed to all property owners abutting the proposed residential

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      parking zone at least five (5) days prior to the public hearing by Council. The
      ordinance shall identify the zone and the appropriate time limits, if any.
[Added by Ord. No. 6520, enacted Dec. 1, 1986; Amended by Ord. No. 6632, enacted March
      19, 1992.]

6.870 Issuance of Permits; Erection of Signs.
(1)   Following Council approval of the designation of a residential permit parking zone,
      the Finance Director shall issue appropriate permits and the Public Works Director
      shall cause parking signs to be erected in the zone, indicating the times and locations
      where parking is permitted by permit. A permit shall be issued upon application,
      without charge, only to the owner or the operator of a motor vehicle who resides on
      property immediately adjacent to a street or other location within the residential
      permit parking zone.
(2)   The application for a permit shall contain the name of the owner or operator of the
      motor vehicle, residential address, the motor vehicle's make, model, registration
      number and the number of the applicant's operator's permit. The owner or operator
      of a motor vehicle applying for a residential parking permit shall have valid Oregon
      vehicle license tags unless not legally required to have them. The permit shall be
      renewed annually, upon such conditions and procedures as the Finance Director shall
      specify. The permit shall display the motor vehicle's serial and license numbers
      and shall be color coded according to zone.             (3)    The Finance Director is
      authorized to make provisions for:
                       (a)    The issuance of temporary parking permits to bona fide
                              visitors of residents of designated residential parking zones;
                              and
                       (b)    The issuance of exemption parking permits to handicapped
                              persons and service or delivery vehicles which are being used
                              to provide services or make deliveries to dwellings in the
                              parking zone.
(4)   One residential parking permit shall be issued to the owner of nonresidential property
      abutting a residential parking zone. Where there is more than one owner for a single
      nonresidential property, said owners shall determine to which vehicle the one permit
      is to be issued.
[Added by Ord. No. 6520, enacted Dec. 1, 1986.]

6.875 Parking in Residential Permit Parking Zones.
(1)   The holder of a residential parking permit which is properly displayed shall be
      permitted to stand or park a motor vehicle operated by him/her in an appropriately
      designated residential parking zone.
(2)   While a vehicle for which a residential parking permit has been issued is so parked,
      such permit shall be displayed so as to be clearly visible on the vehicle. A residential
      parking permit shall not guarantee or reserve to the holder a parking space within a
      designated residential permit parking zone.

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(3)    A residential parking permit shall not authorize the holder thereof to stand or park a
       motor vehicle in a parking meter zone or in such places or during such times as the
       stopping, standing or parking of types of vehicles, nor exempt the holder from the
       observance of any traffic regulations other than parking time limits.

6.880 Parking Permit Violations.
(1)   No person shall request that he/she be entitled to a residential parking permit when
      not so entitled, fail to surrender a permit to which the person is no longer entitled, or
      park a vehicle displaying such a permit at any time when the holder of the permit is
      not entitled to hold it.
(2)   No person shall park or stand a vehicle in a residential parking permit zone without a
      valid residential parking permit issued by the City where parking is prohibited or for
      a period in excess of the posted time limits.
[Amended by Ord. No. 6632, enacted March 19, 1992.]




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PENALTIES

6.990 Penalties.
(1)   Violation of Sections 6.105 to 6.270 and Sections 6.350 is punishable by fine not to
      exceed Four Hundred Dollars ($400.00).
(2)   Violation of Sections 6.600 to 6.815 is punishable by fine not to exceed Two
      Hundred Fifty Dollars ($250.00).
(3)   Violation of Section 6.840 shall be punishable by a fine not to exceed Seven
      Hundred, Fifty Dollars ($750.00), or by imprisonment for a period not to exceed
      thirty (30) days, or by both such fine and imprisonment. Upon violation of Section
      6.840, the court shall impose at least a mandatory minimum sentence as follows:
               (a)    Upon a first conviction, a fine of Two Hundred, Fifty Dollars
               ($250.00).
               (b) Upon a second or subsequent conviction, a fine of Three Hundred, Fifty
               Dollars ($350.00) and not less than five (5) days of imprisonment.
(4)   Violation of Sections 6.860 to 6.870 is punishable by fine not to exceed One
      Hundred Dollars ($100.00). The Finance Director is authorized to revoke the
      residential parking permit of any permittee found to be in violation of those sections
      and, upon written notification thereof, the permittee shall surrender such permit to
      the Director. When so requested, failure to surrender a residential parking permit so
      revoked shall constitute a violation of Sections 6.860 to 6.870.
(5)   If there is a violation of any provisions identical to a State statute with a lesser
      penalty attaching, punishment shall be limited to the lesser penalty prescribed by
      State law. [Amended by Ord. No. 00-20, enacted October 16, 2000.]




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                                       SCHEDULE 6-A

                                       TRUCK ROUTES


Klamath Falls - Malin Highway No. 55 (Kit Carson Way and Alameda)

Dalles - California Highway No. 4 (Westside Bypass)

Biehn Street - Klamath Falls-Malin Highway to Oregon Avenue

Oregon Avenue - Biehn Street to Nevada Avenue

Nevada Avenue - Oregon Avenue to Westside Bypass

Esplanade - Alameda to Spring Street

Spring Street - Esplanade to Sewer Treatment Plant

Main Street - Spring Street to Alameda

Main Street - Fourth Street to Westside Bypass

Klamath Avenue - Westside Bypass to Fifth Street

Fourth Street - Willow Street to Main Street

Fifth Street - Klamath Avenue to Sixth Street
South Sixth Street - Washburn Way to Oak Street

Oak Street - Sixth Street to Fourth Street,
Commercial Street to Spring Street

Washburn Way - Alameda Avenue to O. C. & E. Railroad Tracks

Commercial Street - South Sixth Street to Klamath Avenue

Market Street - South Sixth Street to Main Street

Elm Street - Spring Street to Commercial Street

Willow Street - Sixth Street to Fourth Street



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                                    SCHEDULE 6-B

                            RESIDENTIAL PARKING ZONES




                                                 Res.
High Street from Third Street to Fifth Street No. 2585
      inclusive, Cross Street from Cresent Street to
      MonClaire Street and MonClaire Street

Fourth Street from High Street to Washington Street

N. Sixth Street from Pine to High Streets       Res. No. 2623

MonClaire Street between Alameda and Cross
     Streets                            Res. No. 3088

South Side of the 2000 Block of Orchard Avenue in
       front of 2020 and 2036 Orchard         Res. No. 3173


                                                Ord. No. 6633




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                                    7. BUSINESS

REVENUE
BUSINESS LICENSE TAX
7.005      Short Title
7.010      Purpose of Business Tax
7.015      Definitions
7.020      Operation Without Securing License or Payment of Fee
7.025      License Duration
7.030      Application for License
7.035      Application Review
7.040      Information From Applicant
7.045      Issuance of License
7.050      Denial of Application
7.055      License Renewal and Late Penalty
7.060      Review of Renewal
7.065      Denial of Renewal
7.070      Revocation of License
7.075      Suspension of License
7.080      Appeal
7.085      Posting of License
7.090      Contents of License
7.095      Business License Fee
7.100      Transfer or Assignment of License

PARKING DISTRICT TAX
7.125     Purpose and Scope
7.130     Definitions
7.135     Boundaries of District
7.140     Business Prohibited
7.145     Return Payment and Charge Period
7.147     Late Penalty
7.155     Two or More Business Premises; Two or More Businesses on the Same Premises
7.160     Amount of Fee or User Charge
7.165     Credit For Employer Provided Parking
7.170     Part-time Employees
7.175     Evidence of Doing Business
7.180     Use of Charges
7.185     Returns
7.187     Permits
7.188     Fees and Charges Established

IMPOSITION OF LIEN SEARCH FEES
7.200 Lien Search Fees
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CITY ENTERPRISE ZONE ACT
7.300     Policy & Intent
7.305     Zone Boundaries
7.310     Definition of Business
7.315     Fast-Track Processing
7.320     Fee Waiver
7.325     CDO Application Fees
7.330     Local Improvement Districts
7.335     Sewer Connection Fees
7.340     Construction Assistance and City Services

TELECOMMUNICATION ACT

GENERAL
7.370        Purpose
7.371        Definitions
7.373        Telecommunications License
7.374        Telecommunications Franchise
7.375        Cable Television Franchise
7.376        Application to Existing Franchise Ordinances and Agreements
7.377        Penalties
7.378        Other Remedies
7.379        Severability

TELECOMMUNICATIONS LICENSE
7.387   Telecommunications License
7.388   License Application
7.389   Determination by the City
7.390   Agreement
7.391   Nonexclusive Grant
7.392   Rights Granted
7.393   Term of License
7.394   License Route
7.395   Location of Facilities
7.396   Construction Permits
7.397   Compensation to City
7.398   Service to City Users
7.399   Amendment of Grant
7.400   Renewal Applications
7.401   Renewal Determinations
7.402   Obligation to Cure As a Condition of Renewal


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TELECOMMUNICATIONS FRANCHISE

7.405        Telecommunications Franchise
7.406        Franchise Application
7.407        Determination by the City
7.408        Agreement
7.409        Nonexclusive Grant
7.410        Term of Franchise
7.411        Rights Granted
7.413        Location of Facilities
7.414        Construction Permits
7.415        Compensation to City
7.417        Service to the City
7.419        Renewal Applications
7.420        Renewal Determinations
7.421        Obligation to Cure As a Condition of Renewal

CABLE FRANCHISE FEES AND COMPENSATION
7.440    Purpose
7.441    Application and Review Fee
7.443    Compensation for Public Ways
7.444    Compensation for City Property
7.445    Construction Permit Fee
7.447    Cable Fees
7.448    Regulatory Fees and Compensation Not a Tax

CONDITIONS OF GRANT
7.451    Location of Facilities
7.452    Compliance with K.U.C.C.
7.453    Construction Permits
7.454    Interference with the Public Ways
7.455    Damage to Property
7.456    Notice of Work
7.457    Repair and Emergency Work
7.458    Maintenance of Facilities
7.459    Relocation or Removal of Facilities
7.460    Removal of Unauthorized Facilities
7.461    Emergency Removal or Relocation of Facilities
7.462    Damage to Grantee's Facilities
7.463    Restoration of Public Ways, Other Ways and City Property
7.464    Facilities Maps
7.465    Duty to Provide Information
7.467    Grantee Insurance
7.468    General Indemnification
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7.469       Performance and Construction Surety
7.471       Construction and Completion Bond
7.472       Coordination of Construction Activities
7.475       Revocation or Termination of Grant
7.476       Notice and Duty to Cure
7.477       Hearing
7.478       Standards for Revocation or Lesser Sanctions

CONSTRUCTION STANDARDS

7.481       General
7.482       Construction Codes
7.483       Construction Permits
7.484       Applications
7.485       Engineer's Certification
7.486       Traffic Control Plan
7.487       Issuance of Permit
7.488       Construction Schedule
7.489       Compliance with Permit
7.490       Display of Permit
7.491       Survey of Underground Facilities
7.492       Non-complying Work
7.493       Completion of Construction
7.494       As-Built Drawings
7.495       Restoration of Improvements
7.496       Landscape Restoration
7.497       Construction Surety
7.498       Exceptions
7.499       Responsibility of Owner


REGULATORY LICENSES
GENERAL
7.500   Applicability and Definitions
7.501   Purpose
7.502   Licenses Required
7.503   License Duration
7.504   License Renewal and Late Penalty
7.505   Review of Renewal
7.506   Application Requirements
7.507   Application Review
7.508   Information From Applicant
7.509   Criteria for or Denial
7.510   Issuance or Denial by the Manager
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7.511        Issuance or Denial by the Council
7.512         Revocation of License
7.513        Suspension of License
7.514        Appeal
7.515        Posting of License
7.516        Applicability to Persons Exempt by State or Federal Law
7.517        Transfer or Assignment of License
7.518        Prorating of License Fee

CIRCUSES AND TENT SHOWS
7.530     Purpose
7.532     License Required
7.534     License Fee
7.536     Exemptions
7.538     Exhibition of Prices

SOCIAL GAMING
7.550    Definitions
7.552    License Required
7.554    License Investigation
7.562    License Not Transferable
7.566    Regulations
7.570    License Fees

SPECIAL EVENTS
7.580     Definitions
7.582     Assembly Prohibited
7.584     Permit Required; Fee
7.586     Application Procedure
7.588     Sanitary Facilities
7.590     Fire Protection Standards
7.592     Medical Services
7.594     Public Safety
7.596     Parking Facilities
7.598     Park Capacity
7.600     Inspection of Required Facilities
7.602     Bond of Indemnity
7.604     Insurance
7.606     Permit-Issuing Body
7.608     Permit Approval
7.610     Permit Denial
7.612     Permit Information
7.614     Appeal
7.616     Inspection
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7.618       Hours of Operation
7.620       Intoxicating Liquor
7.622       Crowd Limitation
7.624       Duty to Preserve Order Placed on Operator
7.626       Rules and Regulations
7.628       Revocation of Permit
7.630       Exclusion

RESIDENTIAL DOOR-TO-DOOR SOLICITATIONS
7.770     Purpose
7.772     Definitions
7.774     Registration Required
7.776     Manner of Registration

TAXICABS
7.810       Title
7.812       Definition
7.814       Compliance with Act
7.816       Council Review
7.820       Liability Insurance
7.826       Rates and Meters
7.830       Drivers' Permit
7.834       Identification Card and Permit Badge
7.836       Information Files

SECOND HAND STORES
7.851    Licenses - Requirements
7.852    License - Application
7.855    Records
7.856    Restriction on Sales
7.857    Pawnbrokers

GARAGE SALES
7.860    Definitions
7.863    Regulation of Garage Sales
7.868    Persons and Sale Excepted
7.872    Signs


PENALTIES AND ENFORCEMENT
7.990     Penalties
7.992     Confiscation
7.994     Evidence of Doing Business
7.996     Additional Remedies
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                                           7. BUSINESS

REVENUE

BUSINESS LICENSE TAX

7.005 Short Title. The provisions of Sections 7.010 to 7.100 shall be known as the Business
License Act.
[Amended by Ord. No. 6592, enacted March 19, 1990.]

7.010 Purpose of Business Tax.
                (1)     It is necessary that business fees be levied and fixed for securing revenue to
assist in defraying the cost of police and fire protection and other necessary municipal services.
The fee required by this Act shall be in addition to general ad valorem taxes now or hereafter
levied under law and the license shall be in addition to licenses prescribed in other parts of this
Code.
                (2)     In addition, this licensing act is necessary to assure minimum compliance
with local planning, fire and nuisance codes by regulated businesses.
[Amended by Ord. No. 6592, enacted March 19, 1990.]

7.015 Definitions.
               (1)      In Sections 7.005 to 7.100, the word "business" means any trade, profession,
occupation or pursuit conducted for gain and includes fraternal organizations, clubs, lodges and
similar places or establishments employing full or part-time employees in any business for gain.
The word "business" shall not include:
                        (a)     Corporations, or a community chest, fund or foundation organized
               and operated exclusively for religious, charitable, scientific, testing for public
               safety, literary or education purposes, or for the prevention of cruelty to children or
               animals, no part of the net earnings of which inures to the benefit of any private
               shareholder or individual, no substantial part of the activity of which is carrying on
               propaganda, or otherwise attempting to influence legislation, and which does not
               participate in, or intervene in any political campaign on behalf of any candidate for
               public office, including the publishing or distributing of statements; or
                        (b)     Civic leagues or organizations not organized for profit but operated
               exclusively for the promotion of social welfare, and the net earnings of which are
               devoted exclusively to charitable, educational or recreational purposes.
               (2)      Additional definitions of those doing business within the City are the
following:
                        (a)     Those persons who cater to the general public by selling
               merchandise or rendering professional or nonprofessional services; for example, a
               shoe store, doctor's office, public accountant, welding shop, or cannery.
                        (b)     Those persons whose physical plants or facilities are located outside
               the City, streets or facilities and whose services or materials are rendered or
               delivered within the City; for example, a bakery truck operator delivering wares
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                originating from outside the City but delivered within the City, and other
                wholesalers.
                (3)     Public utilities covered by franchise ordinances and paying taxes under the
franchise are exempted from the provisions of this Act.
                (4)     For purposes of Sections 7.005 to 7.100, each branch establishment of a
business or a separate business located and conducted by any person shall be considered a separate
business and subject to the business tax under Section 7.095.
                (5)     If two or more related businesses are carried on at the same premises by the
same owners, one license issued in the name of the business for which the premises is primarily
used shall be sufficient for all such activities. A business activity leased, under concession to, or
owned wholly or in part by a different person or persons on the same premises must be separately
licensed. In determining whether different activities on the same premises are related to the
primary use within the meaning of this Section, normal and ordinary custom and usage of
businesses of like nature shall be considered.
                (6)     Warehouses used solely incidental to a business taxed pursuant to the
provisions of this Act and operated by the person conducting the business shall not be a separate
place of business or branch establishment. Physically segregated parts of a business, the use of
which is a necessary function toward the complete operation of the business, shall not be
considered a branch establishment.
                (7)     For the purpose of this Act, no person whose income is based solely on an
hourly, daily, weekly, monthly or annual wage or salary shall be considered a person transacting
and carrying on a business. The intention of the Council is that all business taxes levied by this
Act shall be borne by the employer or proprietor for the privilege of doing business.
                (8)     Nothing in this Act shall be construed to apply to any person transacting and
carrying on any business within the City which is exempt from a license fee or tax or regulation by
virtue of the Constitution or laws of the United
States or the Constitution or laws of the State.

7.020 Operation Without Securing License or Payment of Fee.
                (1)     No person shall carry on any business, trade, occupation, profession or
calling, or transact any business as defined in Section 7.015, without first paying in advance the
business fee imposed by Section 7.095 and obtaining a business license.
                (2)     If the business is owned by a corporation, it shall be the responsibility of the
local business manager to obtain the required license.
[Amended by Ord. No. 6592, enacted March 19, 1990.]

7.025 License Duration. Except for those Temporary Vendor Licenses issued under Section
7.095(2), new licenses shall be valid from the date of issuance to the following June 30 and shall
be renewable annually for one year beginning on July 1.
[Amended by Ord. No. 6496, enacted Aug. 19, 1985; Amended by Ord. No. 93-23, enacted Dec.
22, 1993; Amended by Ord. 02-21, enacted July 1, 2003.]
7.030 Application for License. Each person wishing to engage in a new business shall apply for
a license to carry on business for the license year. Suitable application forms will be furnished by

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the City. At the time of filing, the applicant shall pay the license fee required. The application
shall be filed with the License Clerk and shall contain:
                (1)     A description of the trade, shop, business, profession, occupation or calling
to be engaged in.
                (2)     The name and address of the applicant; if a partnership, the names and
addresses of the several partners; if a business is a corporation, its name and the address of the
home office, the name and address of the designated agent in the State if a foreign corporation, and
the name and address of the local agent or representative who will be in charge of the business in
the City.
                (3)     The address where the business will be located or have its City office.
                (4)     The date of application.
                (5)     Any other information the Recorder or Council determines that the
application should contain for review purposes under Section 7.035.
                (6)     The signature of the applicant or agent making the application.
                (7)     If the applicant is a foreign corporation or a non-resident of this State, and
no permanent business location is proposed to be created in the City, the applicant shall appoint a
local person, acceptable to the City Manager, as an agent for accepting service of a process, notice,
or demand required or permitted service of a process, notice or demand required or permitted by
law to be served upon the applicant. The applicant shall submit with the application, the agent's
acknowledged consent to acceptance of said service on the form provided by the City.
[Amended by Ord. No. 6592, enacted March 19, 1990;
Amended by Ord. No. 93-23, enacted Dec. 22, 1993.]

7.035 Application Review. The License Clerk shall refer each application to the persons or
departments designated by the City Manager for review. The license shall not be issued if the
business as described in the application would not comply with the City's:
               (1)     Uniform Fire Code;
               (2)     Community Development Ordinance;
               (3)     Pretreatment Act;
               (4)     Nuisance Code;
               (5)     Uniform Code for the Abatement of Dangerous Buildings; and
               (6)     Geothermal Resource Management Act.
[Amended by Ord. No. 6592, enacted March 19, 1990.]

7.040 Information From Applicant. A person or department designated to review a license
application may require the applicant to supply information necessary to determine, as required
under Section 7.035, the business qualifications for the license. If the applicant fails to supply
information so required or submits false or misleading information, the license shall be suspended
or denied.

7.045 Issuance of License.
                (1)     After receipt of reports from all persons and departments designated to
review an application, the City Manager shall determine whether the business qualifies for issuance
of a license. If the business qualifies, the License Clerk shall issue the license.
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               (2)     No license shall be issued to a person if the person has, prior to making
application, conducted a business within the City while this Act was in effect without current, valid
license issued under this Act, unless an additional amount equal to the license fee for the period
during which the business was thus conducted is paid.
[Amended by Ord. No. 6592, enacted March 19, 1990.]

7.050 Denial of Application. If, on the basis of the application review under Section 7.035, the
City Manager determines that the business does not qualify for issuance of the license applied for,
the City Manager shall notify the applicant in writing that the application has been denied. The
notice shall state the reason for denial and inform the applicant of the provisions for appeal in
Section 7.080.
[Amended by Ord. No. 6592, enacted March 19, 1990.]

7.055 License Renewal and Late Penalty. The application for renewal of a business license shall
be made to the License Clerk prior to the June 30 expiration date. A penalty of ten percent (10%)
of the tax for each month or part thereof during which the tax remains unpaid shall be added to the
license tax accompanying a later renewal application. Following November 30, renewal shall no
longer be permitted, a new license application and fee shall be required.
[Amended by Ord. No. 6496, enacted Aug. 19, 1985; Amended by Ord. No. 6592, enacted March
19, 1990; Amended by Ord. No. 93-23, enacted Dec. 22, 1993; Amended by Ord. No. 02-21,
enacted July 1, 2003.]

7.060 Review of Renewal. If the City has received complaints about the licensed business, the
application for renewal of the license may be reviewed under Section 7.035.

7.065 Denial of Renewal. If a licensed business does not qualify for renewal under Section
7.035, the City Manager shall notify the licensee in writing that renewal of the license has been
denied. The notice shall state the reason for denial and inform the applicant of the provisions for
appeal in Section 7.080.
[Amended by Ord. No. 6592, enacted March 19, 1990.]

7.070 Revocation of License. If the City Manager determines that a licensed business no longer
complies under Section 7.035, City Manager shall notify the licensee in writing that the license is
to be revoked. The notice shall be given at least thirty (30) days before the revocation. If the
violation ends within thirty (30) days, the City Manager may discontinue the revocation
proceedings. A notice of revocation shall state the reason for the revocation and inform the
licensee of the provisions of Section 7.080 for appeal.
[Amended by Ord. 6592, enacted March 19, 1990.]

7.075 Suspension of License. If a licensed business presents an immediate danger to persons or
property, the City Manager may suspend the license for the business at once. The suspension takes
effect immediately upon notice of the suspension's being received by the licensee, or being
delivered to the licensee's business address as stated on the licensee's application. Such a notice
shall be mailed to the licensee and state the reason for the suspension and inform the licensee of the
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provisions for appeal under Section 7.080. The City Manager may continue a suspension so long
as the reason for the suspension exists or until a determination on appeal regarding the suspension
is made under Section 7.080.
[Amended by Ord. No. 6592, enacted March 19, 1990.]

7.080 Appeal.
                (1)     An applicant whose application for a license has been denied, or a licensee
whose license has been denied renewal, has been suspended, or is to be revoked, may, within thirty
(30) days after the notice of denial, suspension or revocation is mailed, appeal in writing to the
Council.
                (2)     The appeal shall state:
                        (a)      The name and address of the appellant;
                        (b)      The nature of the determination being appealed;
                        (c)      The reason the determination is incorrect; and
                        (d)      What the correct determination of the appeal should be.
                (3)     An appellant who fails to file the statement within the time permitted waives
objections, and the appeal shall be dismissed. If a notice of revocation is appealed, the revocation
does not take effect until final determination of the appeal. The Council shall hear and determine
the appeal on the basis of the written statement and any additional evidence it considers
appropriate. The appellant shall be given written notice of the hearing on the appeal fourteen (14)
days prior to the hearing. At the hearing, the appellant may present testimony and oral argument,
personally or by counsel, and any additional evidence. The decision of the Council after the
hearing is final.
[Amended by Ord. No. 6592, enacted March 19, 1990.]

7.085 Posting of License.
                 (1)    Except as provided in Subsection (2), at all times after the issuance of the
license, the license shall be posted in a conspicuous place upon the business premises, available for
inspection by the public and by employees and prospective employees of the business.
                 (2)    When the licensee has no office, business premises or other established
place of business in the City, the license shall be in the possession of the representative of the
business who is present in the City at all times during which business is being transacted by any
employee or representative in the City.

7.090 Contents of License. Licenses shall be issued to the applicant in the name of the business
to be licensed and shall designate the nature of the business, the address of the
business premises, if any, and the date of issuance.

7.095 Business License Fee.
                (1)    There is hereby imposed on businesses licensed under this Act annual fees
for businesses located in the City and for businesses which are located outside the City but doing
business in the City, which fees shall be set by Council resolution following public hearing. Such
fees may be in the form of a schedule based on location and gross income levels.

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               (2)     In addition to the annual business license fee, the Council may create a
Temporary Vendor license fee valid for only a forty-five day period. With the exception of the fee
and duration, such licenses shall otherwise be subject to all the requirements of this Act.
               (3)     Nothing in this Act shall be construed as vesting a right in persons under a
contract obligation on the part of the City for the amount or character of a business license fee.
Such a fee may be increased or decreased at any time by action of the Council.
               (4)     The annual business license fee imposed under (1) above, shall be subject to
a Twenty-Five Dollar ($25.00) reduction for new licenses issued after March 31st of the license
year. No other proration shall be permitted.
[Amended by Ord. No. 6572, enacted Sept. 5, 1989; Amended by Ord. No. 6592, enacted March
19, 1990; Amended by Ord. No. 93-23, enacted Dec. 22, 1993; Amended by Ord. No. 02-21,
enacted July 1, 2003.]

7.100 Transfer or Assignment of License. No person shall assign or transfer a license issued
under this Act to another person. In the event a licensed business changes location, no new fee
shall be required for that license year; however, the business shall file an amended application with
the City containing the information required under Section 7.030.
[Amended by Ord. No. 6496, enacted Aug. 19, 1985; Amended by Ord. No. 6592, enacted March
19, 1990.]




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PARKING DISTRICT TAX

7.125 Purpose and Scope. Under authority conferred by ORS 223.805 to 223.845, an occupation
fee or user charge is imposed for revenue purposes only upon the privilege of occupying real
property to carry on business, occupation, profession, or trade located within the Parking District
as established by Sections 7.125 to 7.190 in which free public off-street parking facilities are
provided. Revenues generated herein shall be used solely for the operation, maintenance and
development of parking facilities and pedestrian amenities intended to improve on-street and
public off-street parking and including in addition thereto a fee to the City of Klamath Falls for the
administration and enforcement. The charge is in addition to any other tax, assessment or fee
required by state or local law or ordinance. The acceptance by the City of an amount due under
Section 7.125 to 7.188 shall not be conditioned upon compliance with any other law or ordinance,
regulatory or otherwise; nor shall acceptance be deemed a waiver of any other law or ordinance,
regulatory or otherwise. This being a revenue measure enacted to meet a local need, the Council
intends that this charge shall apply to all businesses, occupations, trades, governmental entities,
churches and fraternal organizations using premises within the off-street Parking District, without
regard to any law or ordinance that exempts a particular occupation from business license taxes.
The fees or user charges established shall be used only for the above purposes within the Parking
District. If other resources are available, or the need for the facilities decreases, the user fee shall
be decreased or eliminated. [Amended by Ord. 99-15, enacted Nov. 15, 1999.]

7.130 Definitions. As used in Sections 7.125 to 7.190, the following terms shall mean:
            Business. A regular profit or nonprofit making activity occupying premises utilizing the
        Parking District. Such activities shall include, but not be limited to, the furnishing of
        governmental, professional or nonprofessional services, the sale or other disposition of
        goods, wares or merchandise, or a combination of such activities. The term shall not apply
        to:
                  (a) The act of occupying living quarters or residential dwelling units within
                        the District.
                   (b) Activities which are temporary in nature, occupying premises in the District
for not more than a ninety (90) day period; nor
                    (c) Activities which are otherwise subject to the off-street parking requirement
                   of Klamath Falls City Code Section 14.005 et seq.
            Employee. Includes owners, managers and paid or volunteer employees, agents and
        outside sales persons, doing business from the premises, for profit or not, in the Parking
        District. Persons who begin work after 5:00 p.m. and leave before 8:00 a.m., will not be
        considered an employee and shall not be subject to the fees assessed in this ordinance.
            Premises. A fixed or definite location      where business is conducted. [Amended by
Ord. No. 99-15, enacted Nov. 15, 1999.]

        7.135 Boundaries of District. The off-street parking district boundaries shall be
established by the City Council and may be amended from time to time by resolution following a
public hearing. [Amended by Ord. #99-15, enacted Nov. 15, 1999.]

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[Amended by Ord. No. 6456, enacted June 4, 1984; Amended by Ord. No. 6480, enacted Dec. 3,
1984; Amended by Ord. No. 6540, enacted Oct. 5, 1987; Amended by Ord. No. 99-15, enacted
Nov. 15, 1999; Amended by Ord. No. 03-10, enacted April 7, 2003; Amended by Ord. No. 03-39,
enacted December 15, 2003, amended by Ord. #05-54, enacted Jan. 22, 2005.]

7.140 Business Prohibited. No person, agent or employee shall transact business in the off-street
Parking District as defined in Section 7.135 unless the annual charge for the operation of the
business has been paid in advance as required by Sections 7.125 to 7.190.
[Amended by Ord. No. 94-35, enacted Jan. 6, 1995.]

7.145 Return Payment and Charge Period.
                (1)     Upon receipt of a signed return as prescribed in Section 7.185, and payment
of the required charge, the City shall issue a receipt showing the name and nature of the business,
the location of the premises, the name of the owner, the number of employees, and the period for
which the charge is paid. The charge year shall be July 1 to June 30. The fee or user charge of a
business or service starting within the Parking District during the charge year shall be prorated on a
monthly basis for the unexpired year, using the first day of the calendar month within which the
business was begun. A business or service shall not be charged less than one-twelfth (1/12) of the
annual capital outlay fee and operation and maintenance fee. The charge is on the particular
business activity and not the premises. If the business moves from the original location to another
location within the Parking District, its charge for the new location shall be considered paid. A late
fee of ten percent (10%) or Ten Dollars ($10.00), whichever is greater, will be assessed on all late
payments. [Amended by Ord. No. 09-11, enacted Aug. 4, 2009.]
                (2)     In addition to the receipt the City shall provide the business with a copy of
the rules and regulations applicable to parking downtown together with one (1) Regular Parking
District Permit for each regular employee of the business as reported on the return.
[Amended by Ord. No. 94-35, enacted Jan. 6, 1995; Amended by Ord. No. 95-2, enacted March 9,
1995.]

7.147 Late Penalty. A monthly penalty of Ten Dollars ($10.00) or ten percent (10%) of the
charges due (whichever is greater), up to a maximum of one hundred percent (100%) of the
charges due, shall be applied to all delinquent payments under this act.[Added by Ord. No. 93-10,
enacted July 21, 1993.]

7.150 [Repealed by Ord. No. 93-10, enacted July 21, 1993.]




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7.155 Two or More Business Premises; Two or More Businesses on the Same Premises.
Conducting the same business at two or more separate premises within the Parking District shall be
considered separate businesses, and each shall be subject to the user charge. If two or more
separate but related businesses are conducted on the same premises by the same owners, one (1)
fee or user charge shall be paid for the business to which the premises is primarily appropriated.
The fee or user charge shall be based on the total number of persons engaged on the whole
premises. A business or service operated under concession or lease on the same premises, where
the business is owned wholly or in part by a different person or persons, shall be separately
charged. In determining whether different activities on the same premises are related to the
primary use within the meaning of this Section, normal and ordinary custom and usage of
businesses of like nature shall be considered.
[Amended by Ord. No. 94-35, enacted Jan. 6, 1995.]

7.160 Amount of Fee or User Charge. The annual fee or user charge for a business shall be
Sixty-five Dollars ($65.00) per year for each employee.
[Amended by Ord. No. 94-35, enacted Jan. 6, 1995; Amended by Ord. No. 99-15, enacted Nov. 15,
1999; Amended by Res. No. 01-48, effective Jan. 1, 2002; Amended by Res. No. 04-13, enacted
May 17, 2004.]

7.165 Credit For Employer Provided Parking. Businesses that provide off-street customer
parking or employee parking, will receive a Thirty Dollar ($30.00) credit for each space furnished,
not to exceed one credit for each employee of the business. In order to qualify for a credit, parking
must be provided on premises owned or leased by the business within three hundred (300) feet of
the business, properly signed and so arranged as to be safely accessible. Ingress and egress to the
parking shall be included in these square footage calculations. Variances to the three hundred
(300) foot limit may be granted by the Parking District Committee. Further, the parking must be
paved and landscaped in compliance with the Community Development Ordinance. Existing non-
confirming parking will continue to receive the credit through 2005. Thereafter, credits shall only
be given those parking areas which conform to the Community Development Ordinance.
[Amended by Ord. No. 94-35, enacted Jan. 6, 1995; Amended by Ord. 99-15, enacted Nov. 15,
1999; Amended by Ord. No. 00-13, enacted July 17, 2000; Amended by Ord. No. 01-48, effective
Jan. 1, 2002.]

7.170 Part-time Employees. The fee or user charge for a part time employee who works less
than 20 hours per week shall be $32.50 per year. Employees who work more than 20 hours per
week shall be considered full time employees. Seasonal employees may purchase a three month
permit for $30. [Amended by Ord. No. 99-15, enacted 11-15-99; Amended by Ord. No. 00-13,
enacted July 17, 2000; Amended by Res. No. 01-48, effective Jan. 1, 2002; Amended by Res. No.
04-13, enacted May 17, 2004.]

7.175 Evidence of Doing Business. In a trial of an alleged violation of Sections 7.125 to 7.190,
evidence that the defendant or defendant's employer made a public representation, by way of
advertisement by newspaper, radio, television or similar media, or by signs, notices or lettering
displayed for public view, that the business or occupation was being conducted within the parking
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district and expressing or implying the offer to sell goods or services in the course of the business
to the public, shall constitute prima facie evidence that the defendant was transacting business by
such public representation within the parking district on the date or dates during which the
representations were made.

7.180 Use of Charges. Money collected under the provisions of Sections 7.125 to 7.188 shall be
used for the purchase, construction, maintenance, operation and improvement in public parking
facilities and pedestrian amenities in the District. Such revenues and expenditures shall be
maintained in a separate account and shall be independently disclosed in the City's budget
documents. [Amended by Ord. No. 94-35, enacted Jan. 6, 1995; Amended by Ord. No. 99-15,
enacted Nov. 15, 1999.]

7.185 Returns.
               (1)     Returns shall be submitted prior to the beginning of the charge year, or at the
opening of the business, and shall be signed by the owner or manager of the business or service
activity. The return shall be submitted on forms prepared by the Recorder and shall contain:
               (a)     The name or assumed business name under which the business is conducted.
               (b)     The nature of the business.
               (c)     The name of the owner and manager.
               (d)     The location.
               (e)     The number of persons, whether as owners, managers, or employees,
        working for the business in the Parking District.
               (f)     The number of full-time regular employees.
               (g)     The number of part-time employees and the time at which each such
        employee's shift commences and the number of hours for which each part-time employee is
        employed.
               (2)     The returns shall be confidential, and the contents shall not be revealed
except for purposes of administering or enforcing Sections 7.125 to 7.190. No person shall
knowingly submit a return containing a material false representation.
[Amended by Ord. No. 94-35, enacted Jan. 6, 1995.]

7.187 Permits.
               (1)     Downtown Parking District color coded permits of the following nature are
authorized to permit the following:
               (a)     Regular Employee Parking Permit. A regular permit shall authorize, within
       the area described by the permit, long-term parking on those public streets or public
       off-street parking lots appropriately designated during the term of the permit.
               (b)     Temporary Parking Permit. A tempor-ary permit shall authorize long-term
       parking on public streets or public off-street parking in public lots for reduced periods of
       time described in the temporary permit.
               (c)     Priority Permit. The priority permit shall allow long-term parking in public
       off-street parking lots appropriately desig-nated during the period covered by the permit.


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               (d)      Reserved Permit. An exclusive permit shall permit extended parking in
       appropriately designated public off-street parking lots where an individual space has been
       reserved for exclusive use.
               (e) Part Time Permit. A regular permit issued to part time employees
       identifying their part time status.
               (2)      The City shall issue a new regular permit for a new employee upon the
employer turning in the old permit from the departing employee.
               (3)      In addition to the distribution of regular permits pursuant to payment of the
Parking District Fee, the City may sell additional regular permits to businesses or persons, may sell
temporary, reserved, and priority permits as it deems appropriate, and or may issue permits for no
charge for jurors and other public purposes.
[Added by Ord. No. 94-35, enacted Jan. 6, 1995 Amended by Ord. No. 99-15, enacted Nov. 15,
1999.]

7.188 Fees and Charges Established. All fees and charges provided for in Sections 7.125 to
7.188 may be from time to time established and changed by Council resolution. [Added by Ord.
No. 94-35, enacted Jan. 6, 1995; Amended by Ord. No. 99-15, enacted Nov. 15, 1999.]

7.190 Dissolution of Capital Outlay Charge. [Amended by Ord. No. 6456, enacted June 5,
1984; Repealed by Ord. No. 99-15, enacted Nov. 15, 1999.]

7.200 Imposition of Lien Search Fees
        (1)     In order to defray the costs of searching City lien records, any person or
business entity searching City lien records via the City access site on the World Wide Web (the
“internet”) shall pay a fee of $25.00 for each tax lot number or parcel of property searched.
        (2)     The Finance Director is hereby authorized to adopt policies and procedures to
implement access to City lien records via the internet and to collect the lien search fee. The
City Manager is authorized to modify the lien search fee at any time, provided, however, that
prior to adoption and implementation, notice of the proposed fee change shall be provided to
Council not less that thirty (30) days prior to implementation to allow Council the opportunity
to request that the fee charge be determined by Council during a public meeting.
[Added by Ord. 06-30, enacted Oct. 16, 2006.]

AMUSEMENT DEVICE TAX

7.200 - 7.240 [Repealed by Ord. No. 6644, enacted Dec. 1, 1992.]




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CITY ENTERPRISE ZONE ACT

7.300 Policy & Intent.
                (1) The City Council finds and declares that the health, safety and welfare of the
people of Klamath Falls are dependent upon the continued encouragement, development, growth
and expansion of employment, business, industry and commerce within the City, and that this
community requires the particular attention of government to help attract private business
investment into the area. Therefore, it is declared to be the purpose of this Act, Sections 7.300 to
7.340, to stimulate employment, business and industrial growth in the City by providing assistance
to businesses and industries and by making available tax and other local incentives.
                (2) It is the intent of Council that the provisions of this Act shall take precedence
over previously adopted conflicting City Code provisions, ordinances, resolutions and policy as
necessary to further the purpose set forth above.
                (3) The provision of this Act shall be construed to the extent possible, to be
consistent with the provisions of ORS 284.110 to 284.260 and the administrative rules promulgated
thereunder. [Added by Ord. No. 6506, enacted May 19, 1986.]

7.305 Zone Boundaries.
               (1) The boundaries of the zone shall be the City of Klamath Falls' city limits which
area includes the Enterprise Zone designated in the Governor's Executive Order No. EO-06-08.
               (2) The boundaries established in (1) above may be amended from time to time by
Council resolution.
[Added by Ord. No. 6506, enacted May 19, 1986; Amended by Ord. No. 6512, enacted July 9,
1986.]

7.310 Definition of Business. For purposes of this act, the term "business" shall mean any
commercial or industrial enterprise as those terms are defined in the Community Development
Ordinance.
                  (1) New or expanding businesses shall qualify for the City incentives set forth in
Sections 7.315 to 7.340 provided such business or business expansion will result in the creation of
at least five (5) new full-time employment positions or, if relevant, a ten percent (10%) increase in
the work force, whichever is greater.
                  (2)    Though not qualifying for the tax incentive under ORS 284,210 et. seq.,
retail business shall qualify as a business under this act.
[Added by Ord. No. 6506, enacted May 19, 1986.]

7.315 Fast-Track Processing. City staff and Commissions are hereby directed to expeditiously
process applications and respond to inquiries for assistance regarding new and expanding
businesses within the Enterprise Zone to the degree possible without denial of the legal rights to
notice and opportunity for input afforded other interested parties.
[Added by Ord. No. 6506, enacted May 19, 1986.]



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7.320 Fee Waiver. The City Business License fee for new businesses within the zone shall be
waived for the calendar year in which the business begins operation and the following year.
[Added by Ord. No. 6506, enacted May 19, 1986.]

7.325 CDO Application Fees. Except for payment of legal advertising and notification costs, the
application fees for applications under the City's Community Development Ordinance by new or
expanding business within the zone shall be waived.
[Added by Ord. No. 6506, enacted May 19, 1986.]

7.330 Local Improvement Districts. Subject to the necessity of public improvements required
to address public safety or health problems, the City Manager is authorized to enter into
agreements with new or expanding businesses within the zone at the request of the business
whereby the City agrees not to establish any Local Improvement District encompassing the
businesses' property to be improved for a period of up to two years from the date of the businesses'
establishment or expansion. Such agreements must be requested by the business within sixty (60)
days of opening.
[Added by Ord. No. 6506, enacted May 19, 1986.]

7.335 Sewer Connection Fees. The City Manager is hereby authorized to enter into agreements
with new or expanding businesses within
the zone for deferral of sewer connection fee payments. Said agreements shall provide for
installment payments within twelve (12) months at no-interest, or at the option of the business for
installment payment over a thirty-six (36) month period at six percent (6%) per annum interest.
[Added by Ord. No. 6506, enacted May 19, 1986.]

7.340 Construction Assistance and City Services. There are hereby created and directed the
following assistance teams:
               (1) Construction Assistance Team, to be composed of the Public Works Director,
the Senior Engineering Technician and the Police Chief, which is directed to assist in expediting
construction activities of new or expanding business as related to municipal services and facilities.
               (2) City Services Team, to be composed of the City Manager, City Attorney and
City Planner, which shall represent the City during all phases of business prospect development
and business start-up and shall coordinate with other community resources to assure adequate
responses to business requests for assistance. Under the supervision of the Mayor, this team shall
provide overall guidance and evaluation of the zone activities and shall periodically report back to
the Council on zone progress.
[Added by Ord. No. 6506, enacted May 19, 1986.]




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TELECOMMUNICATIONS ACT

GENERAL

7.370 Purpose. The purpose and intent of this Act is to:
                (1)    establish a local policy concerning telecommuni-cations providers use of the
public rights-of-way;
                (2)    minimize unnecessary local regulation of telecom-munications providers and
services;
                (3)    permit and manage reasonable access to the public ways of the City for
telecommunications purposes on a competitively neutral basis;
                (4)    conserve the limited physical capacity of the public ways held in public trust
by the City;
                (5)    assure that the City's current and ongoing costs of granting and regulating
private access to and use of the public ways are fully paid by the persons seeking such access and
causing such costs;
                (6)    secure fair and reasonable compensation to the City and the residents of the
City for permitting private use of the public ways;
                (7)    assure that all telecommunications carriers providing facilities or services
within the City comply with the ordinances, rules and regulations of the City;
                (8)    assure that the City can continue to fairly and responsibly protect the public
health, safety and welfare;
                (9)    enable the City to discharge its public trust consistent with rapidly evolving
federal and state regulatory policies, industry competition and technological development.

7.371 Definitions. For the purpose of this Act, and the interpretation and enforcement thereof,
the following words and phrases shall have the following meanings, unless the context of the
sentence in which they are used shall indicate otherwise:
        Act. This Telecommunications Act, Sections 7.370 to 7.499.
        Affiliate. A person that (directly or indirectly) owns or controls, is owned or controlled by,
or is under common ownership or control with another person.
        Cable Operator. A telecommunications carrier providing or offering to provide "cable
service" within the City.
        Cable Service. For the purpose of this Act shall have the same meaning provided by the
Telecommunications Act of 1996.
        City. The City of Klamath Falls.
        City Property. Means and includes all real property owned by the City, other than public
streets and utility easements as those terms are defined herein, and all property held in a
proprietary capacity by the City, which are not subject to right-of-way licensing and franchising as
provided in this Act.
        Excess Capacity. The volume or capacity in any existing or future duct, conduit, manhole,
handhole or other utility facility within the public way that is or will be available for use for
additional telecommunications facilities.

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        FCC or Federal Communications Commission. The Federal administrative agency, or
lawful successor, authorized to regulate and oversee telecommunications carriers, services and
providers on a national level.
        Other Ways. The highways, streets, alleys, utility easements or other rights-of-way within
the City, but under the jurisdiction and control of a governmental entity other than the City.
        Overhead Facilities. Utility poles, utility facilities and telecommunications facilities
located above the surface of the ground, including the underground supports and foundations for
such facilities.
        Person. Means and includes corporations, companies, associations, joint stock companies
or associations, firms, partnerships, limited liability companies and individuals and includes their
lessors, trustees and receivers.
        Public Street. Any highway, street, alley, path, bikeway or other public right of way for
motor vehicle pedestrian, or bicycle travel under the jurisdiction and control of the City which has
been acquired, established, dedicated or devoted to highway purposes not inconsistent with
telecom-munications facilities.
        Public Way. Means and includes all public streets and utility easements, as those terms are
defined herein, now or hereafter owned by or under the jurisdiction of the City.
        PUC or Public Utility Commission. The State administrative agency, or lawful successor,
authorized to regulate and oversee telecommunications carriers, services and providers in the State
of Oregon.
        State. The State of Oregon.
        Surplus Space. That portion of the usable space on a utility pole which has the necessary
clearance from other pole users, as required by the orders and regulations of the PUC, to allow its
use by a telecommunications carrier for a pole attachment.
        Telecommunications Carrier. Means and includes every person that directly or indirectly
owns, controls, operates or manages plant, equipment or property within the City, used or to be
used for the purpose of offering telecom-munications service.
        Telecommunications Facilities. The plant, equipment and property, including but not
limited to, cables, wires, conduits, ducts, pedestals, antennae, electronics and other appurtenances
used or to be used to transmit, receive, distribute, provide or offer telecommunications services.
        Telecommunications Provider. Means and includes every person who provides
telecommunications service over telecommunications facilities without any ownership or
management control of the facilities.
        Telecommunications Service. The providing or offering for rent, sale or lease, or in
exchange for other value received, of the transmittal of voice, data, image, graphic and video
programming information between or among points by wire, cable, fiber optics, laser, microwave,
radio, satellite or similar facilities, with or without benefit of any closed transmission medium.
        Telecommunications System See Telecommuni-cations Facilities.
        Underground Facilities. Utility and telecommunications facilities located under the
surface of the ground, excluding the underground foundations or supports for Overhead Facilities.
        Usable Space. The total distance between the top of a utility pole and the lowest possible
attachment point that provides the minimum allowable vertical clearance as specified in the orders
and regulations of the PUC.

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        Utility Easement. Any easement owned by the City and acquired, established, dedicated
or devoted for public utility purposes not inconsistent with telecommunications facilities.
        Utility Facilities. The plant, equipment and property, including but not limited to the
poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above
the surface of the ground within the public ways of the City and used or to be used for the purpose
of providing utility or telecommunications services.

7.373 Telecommunications License.              Except as otherwise provided therein, any
telecommunications carriers who desire to construct, install, operate, maintain, or otherwise locate
telecommunications facilities in, under, over or across any public way of the City for the sole
purpose of providing telecommunications service to persons and areas outside the City shall first
obtain a license granting the use of such public ways from the City Manager pursuant to 7.387 to
7.402.

7.374 Telecommunications Franchise.            Except as otherwise provided herein, any
telecommunications carriers who desire to construct, install, operate, maintain or otherwise locate
telecommunications facilities in, under, over or across any public way of the City, and to also
provide telecommunications service to persons or areas in the City, shall first obtain a franchise
granting the use of such public ways from the City Council pursuant to 7.405 to 7.421 of this Act.

7.375 Cable Television Franchise.                 Except as otherwise provided herein, any
telecommunications carrier who desires to construct, install, operate, maintain or locate
telecommunications facilities in any public way of the City for the purpose of providing cable
service to persons in the City shall first obtain a cable franchise from the City Council as provided
in the Cable Franchise provisions of this Act.

7.376 Application to Existing Franchise Ordinances and Agreements. This Act shall have no
effect on any existing franchise ordinance or franchise agreement until the earlier of:

               (1)     the expiration of said franchise ordinance or agreement; or
               (2)     an amendment to an unexpired franchise Act or franchise agreement, unless
both parties agree to defer full compliance to a specific date not later than the present expiration
date.

7.377 Penalties. Any person found guilty of violating, disobeying, omitting, neglecting or
refusing to comply with any of the provisions of this Act shall be fined not less than One Hundred
Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense. A separate and
distinct offense shall be deemed committed each day on which a violation occurs or continues.

7.378 Other Remedies. Nothing in this Act shall be construed as limiting any judicial remedies
that the City may have, at law or in equity, for enforcement of this Act.



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7.379 Severability. If any section, subsection, sentence, clause, phrase, or other portion of this
Act, or its application to any person, is, for any reason, declared invalid, in whole or in part by any
court or agency of competent jurisdiction, said decision shall not affect the validity of the
remaining portions hereof.




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TELECOMMUNICATIONS LICENSE

7.387 Telecommunications License. A telecommunications license shall be required of any
telecommunications carrier who desires to occupy specific public ways of the City for the sole
purpose of providing telecommunications services to persons or areas outside the City.

7.388 License Application. Any person that desires a telecommunications license pursuant to
7.387 to 7.402 shall file an application with the City Recorder=s office which shall include the
following information:
                 (1)     The identity of the license applicant, including all affiliates of the applicant.
                 (2)     A description of the telecommunications services that are or will be offered
or provided by licensee over its telecommunications facilities.
                 (3)     A description of the transmission medium that will be used by the licensee to
offer or provide such telecommunications services.
                 (4)     Preliminary engineering plans, specifications and a network map of the
facilities to be located within the City, all in sufficient detail to identify:
                 (a)     the location and route requested for applicant's proposed
telecommunications facilities.
                 (b)     the location of all overhead and underground public utility,
telecommunication, cable, water, sewer drainage and other facilities in the public way along the
proposed route.
                 (c)     the location(s), if any, for interconnection with the telecommunications
facilities of other telecommunications carriers.
                 (d)     the specific trees, structures, improvements, facilities and obstructions, if
any, that applicant proposes to temporarily or permanently remove or relocate.

              (5)     If applicant is proposing to install overhead facilities, evidence that
underground installation is not possible and that surplus space is available for locating its
telecommunications facilities on existing utility poles along the proposed route.
              (6)     The location proposed for the new ducts or conduits if applicant is proposing
an underground installation within new ducts or conduits to be constructed within the public ways
              (7)     A preliminary construction schedule and completion date.
              (8)     A preliminary traffic control plan in accordance with the Manual on
Uniform Traffic Control Devices.
              (9)     All fees, deposits or charges required pursuant to 7.440 to 7.448 of this Act.
              (10) Such other and further information as may be required by the City Manager.

7.389 Determination by the City. Within one hundred twenty (120) days after receiving a
complete application under Section 7.388 hereof, the City Manager shall issue a written
determination granting or denying the application in whole or in part, applying the following
standards. If the application is denied, the written determination shall include the reasons for
denial.
               (1)    The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the license is granted.
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                (2)   The public interest in minimizing the cost and disruption of construction
within the public ways.
                (3)   The service that applicant will provide to the community and region.
                (4)   The availability of alternate routes and/or locations for the proposed
facilities.
                (5)   Such other factors as may demonstrate that the grant to use the public ways
will serve the community interest.

7.390 Agreement. No license granted hereunder shall be effective until the applicant and the
City have executed a written agreement setting forth the particular terms and provisions under
which the license to occupy and use public ways of the City will be granted.

7.391 Nonexclusive Grant. No license granted hereunder shall confer any exclusive right,
privilege, license or franchise to occupy or use the public ways of the City for delivery of
telecommunications services or any other purposes.

7.392 Rights Granted. No license granted hereunder shall convey any right, title or interest in
the public ways, but shall be deemed a license only to use and occupy the public ways for the
limited purposes and term stated in the grant. Further, no license shall be construed as any
warranty of title.

7.393 Term of License. Unless otherwise specified in a license agreement, a telecommunications
license granted hereunder shall be in effect for a term of five (5) years.

7.394 License Route. A telecommunications license granted hereunder shall be limited to a grant
of specific public ways and defined portions thereof.

7.395 Location of Facilities. Unless otherwise specified in a license agreement, all facilities
shall be constructed, installed and located in accordance with the following terms and conditions:
                (1)     All new telecommunication facilities shall be installed underground unless
the Public Works Director determines that extraordinary circumstances make overhead installation
necessary.
                (2)     Telecommunications facilities shall be installed within an existing
underground duct or conduit whenever the Public Works Director determines that excess capacity
exists within such utility facility.

7.396 Construction Permits. All licensees are required to obtain construction permits for
telecommunications facilities to be constructed within public ways as required in this Act provided,
however, that nothing herein shall prohibit the City and a licensee from agreeing to alternative plan
review, permit and construction procedures in a license agreement, provided such alternative
procedures provide substantially equivalent safeguards for responsible construction practices.



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7.397 Compensation to City. Each license granted hereunder is subject to the City's right, which
is expressly reserved, to annually fix a fair and reasonable compensation to be paid for the use of
the public ways granted to the licensee pursuant to Section 7.443; provided, nothing herein shall
prohibit the City and a licensee from agreeing to the compensation to be paid.

7.398 Service to City Users.          A licensee may be permitted to offer or provide
telecommunications services to persons or areas within the City upon submitting an application for
approval pursuant to 7.405 to 7.421 hereof.

7.399 Amendment of Grant.
                 (1)    A new license application and grant shall be required of any
telecommunications carrier that desires to extend or locate its telecommunications facilities in
public ways of the City which are not included in a license previously granted under this Act.
                 (2)    If ordered by the City Manager to locate or relocate its telecommunications
facilities in public ways not included in a previously granted license, the City shall grant a license
amendment without further application.

7.400 Renewal Applications. A grantee that desires to renew its license shall, not more than one
hundred eighty (180) days nor less than one hundred twenty (120) days before expiration of the
current license, file an application with the City Recorder=s office for renewal of its license which
shall include the following information:
                (1)      The information required pursuant to Section 7.388.
                (2)      Any information required pursuant to the license agreement between the
City and the grantee.

7.401 Renewal Determinations. Within ninety (90) days after receiving a complete application
under Section 7.400 hereof, the City Manager shall issue a written determination granting or
denying the renewal application in whole or in part, applying the following standards. If the
renewal application is denied, the written determination shall include the reasons for non-renewal.
                 (1)   The continuing capacity of the public ways to accommodate the applicant's
existing facilities.
                 (2)   The applicant's compliance with the requirements of this Act and the license
agreement.
                 (3)   Such other factors as may demonstrate that the continued grant to use the
public ways will serve the community interest.

7.402 Obligation to Cure As a Condition of Renewal. No license shall be renewed until any
ongoing violations or defaults in the licensee's performance of the license agreement, or of the
requirements of this Act, have been cured, or a plan detailing the corrective action to be taken by
the grantee has been approved by the Manager.
TELECOMMUNICATIONS FRANCHISE



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7.405 Telecommunications Franchise. A telecommunications franchise shall be required of any
telecommunications carrier who desires to occupy public ways of the City and to provide
telecommunications services to any person or area in the City.

7.406 Franchise Application. Any person that desires a telecommunications franchise pursuant
to 7.405 to 7.421 shall file an application with the City Recorder=s office which shall include the
following information:
                 (1)     The identity of the franchise applicant, including all affiliates of the
applicant.
                 (2)     A description of the telecommunications services that are or will be offered
or provided by the franchise applicant over its existing or proposed facilities.
                 (3)     A description of the transmission medium that will be used by the franchisee
to offer or provide such telecommunications services.
                 (4)     Preliminary engineering plans, specifications and a network map of the
facilities to be located within the City, all in sufficient detail to identify:
                 (a)     the location and route requested for applicant's proposed
telecommunications facilities.
                 (b)     the location of all overhead and underground public utility,
telecommunication, cable, water, sewer drainage and other facilities in the public way along the
proposed route.
                 (c)     the location(s), if any, for interconnection with the telecommunications
facilities of other telecommunications carriers.
                 (d)     the specific trees, structures, improvements, facilities and obstructions, if
any, that applicant proposes to temporarily or permanently remove or relocate.
                 (5)     If applicant is proposing to install overhead facilities, evidence that
underground installation is not possible and that surplus space is available for locating its
telecommunications facilities on existing utility poles along the proposed route.
                 (6)     The location proposed for the new ducts or conduits
if applicant is proposing an underground installation within new ducts or conduits to be constructed
within the public ways:
                 (7)     A preliminary construction schedule and completion dates.
                 (8)     A preliminary traffic control plan in accordance with the Manual on
Uniform Traffic Control Devices.
                 (9)     Financial statements prepared in accordance with generally accepted
accounting principles demonstrating the applicant's financial ability to construct, operate, maintain,
relocate and remove the facilities.
                 (10) Information in sufficient detail to establish the applicant's technical
qualifications, experience and expertise regarding the telecommunications facilities and services
described in the application.
                 (11) Information to establish that the applicant has obtained all other
governmental approvals and permits to construct and operate the facilities and to offer or provide
the telecommunications services.


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                 (12) Whether the applicant intends to provide cable service, video dialtone
service or other video programming service, and sufficient information to determine whether such
service is subject to cable franchising.
                 (13) An accurate map showing the location of any existing telecommunications
facilities in the City that applicant intends to use or lease.
                 (14) A description of the services or facilities that the applicant may propose to
offer or make available to the City and other public, educational and governmental institutions.
                 (15) A description of applicant's access and line extension policies.
                 (16) If applicable, the area or areas of the City the applicant desires to serve and a
schedule for build-out to the entire franchise area.
                 (17) All fees, deposits or charges required pursuant to of this Act.
                 (18) Such other and further information as may be requested by the City
Manager.

7.407 Determination by the City. Within one hundred fifty (150) days after receiving a
complete application under 7.388 hereof, the City Council shall issue a written determination
granting or denying the application in whole or in part, applying the following standards. If the
application is denied, the written determination shall include the reasons for denial.
                (1)     The capacity of the public ways to accommodate the applicant's proposed
facilities.
                (2)     The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the franchise is granted.
                (3)     The public interest in minimizing the cost and disruption of construction
within the public ways.
                (4)     The service that applicant will provide to the community and region.
                (5)     The availability of alternate routes and/or locations for the proposed
facilities.
                (6)     Such other factors as may demonstrate that the grant to use the public ways
will serve the community interest.

7.408 Agreement. No franchise shall be granted hereunder unless the applicant and the City have
executed a written agreement setting forth the particular terms and provisions under which the
franchise to occupy and use public ways of the City will be granted.

7.409 Nonexclusive Grant. No franchise granted hereunder shall confer any exclusive right,
privilege, license or franchise to occupy or use the public ways of the City for delivery of
telecommunications services or any other purposes.
7.410 Term of Franchise. Unless otherwise specified in a franchise agreement, a
telecommunications franchise granted hereunder shall be valid for a term of ten (10) years.

7.411 Rights Granted. No franchise granted hereunder shall convey any right, title or interest in
the public ways, but shall be deemed a franchise only to use and occupy the public ways for the
limited purposes and term stated in the grant. Further, no franchise shall be construed as any
warranty of title.
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7.413 Location of Facilities. Unless otherwise specified in a franchise agreement, all facilities
shall be constructed, installed and located in accordance with the following terms and conditions:
                (1)     All new telecommunication facilities shall be installed underground unless
the Public Works Director determines that extraordinary circumstances make overhead installation
necessary.
                (2)     Telecommunications facilities shall be installed within an existing
underground duct or conduit whenever excess capacity exists within such utility facility.

7.414 Construction Permits. All franchisees are required to obtain construction permits for
telecommunications facilities to be constructed within the public ways as required in 7.451 to
7.478 of this Act provided, however, that nothing herein shall prohibit the City and a franchisee
from agreeing to alternative plan review, permit and construction procedures in a franchise
agreement, provided such alternative procedures provide substantially equivalent safeguards for
responsible construction practices.

7.415 Compensation to City. Each franchise granted hereunder is subject to the City's right,
which is expressly reserved, to annually fix a fair and reasonable compensation to be paid for the
use of the public ways granted to the franchisee pursuant to Section 7.443; provided, nothing
herein shall prohibit the City and a franchisee from agreeing to the compensation to be paid.

7.417 Service to the City. A franchisee shall make its telecommunications services available to
the City at rates charged to similarly situated users, unless otherwise provided in a license or
franchise agreement.

7.419 Renewal Applications. A grantee that desires to renew its franchise under this Article
shall, not more than two hundred forty (240) days nor less than one hundred fifty (150) days before
expiration of the current franchise, file an application with the City Recorder=s office for renewal of
its franchise which shall include the following information:
                (1)     The information required pursuant to Section 7.406.
                (2)     Any information required pursuant to the franchise agreement between the
City and the grantee.

7.420 Renewal Determinations. Within one hundred fifty (150) days after receiving a complete
application under Section 7.419 hereof, the City Council shall issue a written determination
granting or denying the renewal application in whole or in part, applying the following standards.
If the renewal application is denied, the written determination shall include the reasons for non-
renewal.
                 (1)   The continuing capacity of the public ways to accommodate the applicant's
existing facilities.
                 (2)   The applicant's compliance with the requirements of this Act and the
franchise agreement.


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              (3)     Such other factors as may demonstrate that the continued grant to use the
public ways will serve the community interest.

7.421 Obligation to Cure As a Condition of Renewal. No franchise shall be renewed until any
ongoing violations or defaults in the grantee's performance of the franchise agreement, or of the
requirements of this Act, have been cured, or a plan detailing the corrective action to be taken by
the grantee has been approved by the City.




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CABLE FRANCHISE
                                            - Reserved -


FEES AND COMPENSATION

7.440 Purpose. It is the purpose of this 7.440 to 7.448 to provide for the payment of reasonable
compensation for use of the public ways and for the recovery of all direct and indirect costs and
expenses of the City related to the enforcement and administration of this Act.

7.441 Application and Review Fee.
                (1)    Any applicant for a license or franchise pursuant to 7.387 to 7.402 or 7.405
to 7.421 of this Act shall pay a fee of One Hundred Dollars ($100.00). The City Manager is
authorized to set and modify this application fee in accordance with the requirements of Section
1.075.
                (2)    The application and review fee shall be deposited with the City as part of the
application filed pursuant to this Act.
[Amended by Ord. No. 07-09.]

7.443 Compensation for Public Ways.
                (1)     As compensation to be paid for the use of the public ways granted to a
telecommunications license or franchise grantee, the grantee shall annually pay to the City a fee
equal to $.20 per linear foot of public way occupied by grantee=s facilities. Provided, however,
said fee shall be increased every five years from the effective date of this act by an amount equal to
the percentage change of the CPI-U national.
                (2)     As compensation to be paid for the use of the public ways granted to a
telecommunications franchise grantee, the grantee shall annually pay to the City a fee equal to 5%
of grantee=s gross revenues derived from within the City.
                (3)     Nothing herein shall prohibit the City and a grantee from agreeing to
alternative compensation to be paid for the use of the public ways.

7.444 Compensation for City Property. If the right is granted, by lease, license, franchise or
other manner, to use and occupy City Property for the installation of telecommunications facilities,
the compensation to be paid shall be fixed by the City.

7.445 Construction Permit Fee. Unless otherwise agreed in a license or franchise grant
agreement, prior to issuance of a construction permit, the permittee shall pay a permit fee equal to
Fifty Dollars ($50.00) or four percent (4%) of the estimated cost of constructing the
telecommunication facilities within the public ways, as certified by the applicant’s engineer and
approved by the City Public Works Director, whichever is greater. The City Manager is
authorized to set and modify the minimum construction permit fee in accordance with the
requirements of Section 1.075.
[Amended by Ord. No. 07-09.]

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                                              Klamath Falls City Code



7.447 Cable Fees. Cable television franchisees shall be subject to the franchise fees, payments
and costs provided in this Act.

7.448 Regulatory Fees and Compensation Not a Tax. The regulatory fees and costs provided
for in this Act, and any compensation charged and paid for the public ways provided for in Section
7.443, are separate from, and additional to, any and all federal, state, local and city taxes (including
a City business license tax) as may be levied, imposed or due from a telecommunications carrier or
provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of
telecommunications services.




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CONDITIONS OF GRANT

7.451 Location of Facilities. All facilities shall be constructed, installed and located in
accordance with the following terms and conditions, unless otherwise specified in a license or
franchise agreement:
               (1)     All new telecommunication facilities shall be installed underground unless
the Public Works Director determines that extraordinary circumstances require overhead
installation.
               (2)     A grantee shall install its telecommunications facilities within an existing
underground duct or conduit whenever excess capacity exists within such utility facility.
               (3)     A grantee with permission to install overhead facilities shall install its
telecommunications facilities on pole attachments to existing utility poles only, and then only if
surplus space is available.
               (4)     Whenever any existing electric utilities, cable facilities or
telecommunications facilities are located underground within a public way of the City, a grantee
with permission to occupy the same public way must also locate its telecommunications facilities
underground.
               (5)     Whenever any new or existing electric utilities, cable facilities or
telecommunications facilities are located or relocated underground within a public way of the City,
a grantee that currently occupies the same public way shall relocate its facilities underground
within a reasonable period of time, which shall not be later than the end of the grant term. Absent
extraordinary circumstances or undue hardship as determined by the City Engineer, such relocation
shall be made concurrently to minimize the disruption of the public ways.
               (6)     All new telecommunication facilities shall be installed so as to have no
adverse affect on motor vehicle or pedestrian safety and access, or on the operation, maintenance
and aesthetic quality of the public ways system.

7.452 Compliance with K.U.C.C. All license or franchise grantees shall, before commencing
any construction in the public ways, comply with all locate requirements of the Klamath Utilities
Coordinating Council.

7.453 Construction Permits. All license or franchise grantees are required to obtain
construction permits for telecommunications facilities as required in 7.481 to 7.499. However,
nothing herein shall prohibit the City and a grantee from agreeing to alternative plan review, permit
and construction procedures in a license or franchise agreement, provided such alternative
procedures provide substantially equivalent safeguards for responsible construction practices.

7.454 Interference with the Public Ways. No license or franchise grantee may locate or
maintain its telecommunications facilities so as to unreasonably interfere with the use of the public
ways by the City, by the general public or by other persons authorized to use or be present in or
upon the public ways. All such facilities shall be moved by the grantee, temporarily or
permanently, as determined by the City Public Works Director.


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7.455 Damage to Property. No license or franchise grantee nor any person acting on a grantee's
behalf shall take any action or permit any action to be done which may impair or damage any City
Property, public ways of the City, Other Ways or other property located in, on or adjacent thereto.

7.456 Notice of Work. Unless otherwise provided in a license or franchise agreement, no license
or franchise grantee, nor any person acting on the grantee's behalf, shall commence any non-
emergency work in or about the Public Ways of the City or Other Ways without ten (10) working
days advance written notice to the City Public Works Director.

7.457 Repair and Emergency Work. In the event of an unexpected repair or emergency, a
grantee may commence such repair and emergency response work as required under the
circumstances, provided the Grantee shall notify the K.U.C.C. in advance and the City Public
Works Director as promptly as possible, before such repair or emergency work or as soon
thereafter as possible if advance notice is not practicable.
7.458 Maintenance of Facilities. Each license or franchise grantee shall maintain its facilities
located in the public ways in good and safe condition and in a manner that complies with all
applicable federal, state and local requirements.

7.459 Relocation or Removal of Facilities. Within thirty (30) days following written notice
from the City Public Works Director, a license or franchise grantee shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position of any
telecommunications facilities within the public ways, at no cost to the City, whenever the City
Public Works Director shall have determined that such removal, relocation, change or alteration is
reasonably necessary for:
              (1)     The construction, repair, maintenance or installation of any City or other
public improvement in or upon the public ways.
              (2)     The operations of the City or other governmental entity in or upon the public
ways.

7.460 Removal of Unauthorized Facilities. Within thirty (30) days following written notice
from the City Public Works Director, any grantee, telecommunications carrier, or other person that
owns, controls or maintains any unauthorized telecommunications system, facility or related
appurtenances within the public ways of the City shall, at its own expense, remove such facilities
or appurtenances from the public ways of the City. A telecommunications system or facility is
unauthorized and subject to removal in the following circumstances:
                (1)    Upon expiration or termination of the grantee's telecommunications license
or franchise.
                (2)    Upon abandonment of a facility within the public ways of the City.
                (3)    If the system or facility was constructed or installed without the prior grant
of a telecommunications license or franchise.
                (4)    If the system or facility was constructed or installed without the prior
issuance of a required construction permit.
                (5)    If the system or facility was constructed or installed at a location not
permitted by the grantee's telecommunications license or franchise.
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7.461 Emergency Removal or Relocation of Facilities. The City retains the right and privilege
to cut or move any telecommunications facilities located within the public ways of the City, as the
City may determine to be necessary, appropriate or useful in response to any public health or safety
emergency.

7.462 Damage to Grantee's Facilities. Unless directly and proximately caused by the wilful,
intentional or malicious acts by the City, the City shall not be liable for any damage to or loss of
any telecommunications facility within the public ways of the City as a result of or in connection
with any public works, public improvements, construction, excavation, grading, filling, or work of
any kind in the public ways by or on behalf of the City.

7.463 Restoration of Public Ways, Other Ways and City Property.
                (1)     When a license or franchise grantee, or any person acting on its behalf, does
any work in or affecting any Public Ways, Other Ways or City Property, it shall, at its own
expense, promptly remove any obstructions therefrom and restore such ways or property to as good
a condition as existed before the work was undertaken, unless otherwise directed by the City Public
Works Director.
                (2)     If weather or other conditions do not permit the complete restoration
required by this Section, the grantee shall temporarily restore the affected ways or property. Such
temporary restoration shall be at the Licensee's sole expense and the Licensee shall promptly
undertake and complete the required permanent restoration when the weather or other conditions
no longer prevent such permanent restoration.
                (3)     A grantee or other person acting in its behalf shall use suitable barricades,
flags, flagmen, lights, flares and other measures as required for the safety of all members of the
general public and to prevent injury or damage to any person, vehicle or property by reason of such
work in or affecting such ways or property.

7.464 Facilities Maps. Each license or franchise grantee shall provide the City Public Works
Director with an accurate map or maps certifying the location of all existing underground and all
new telecommunications facilities within the public ways. Each grantee shall provide updated
maps annually.

7.465 Duty to Provide Information. Within ten (10) days of a written request from the City
Manager, each license or franchise grantee shall furnish the City with information sufficient to
demonstrate:
               (1)      That grantee has complied with all requirements of this Act.
               (2)      That all fees due the City in connection with the telecommunications
services and facilities provided by the grantee have been properly collected and paid by the
grantee.
               (3)      All books, records, maps and other documents, maintained by the grantee
with respect to its facilities within the public ways shall be made available for inspection by the
City at reasonable times and intervals.

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7.467 Grantee Insurance. Unless otherwise provided in a license or franchise agreement, each
grantee shall, as a condition of the grant, secure and maintain the following liability insurance
policies or self-insurance insuring both the grantee and the City, and its elected and appointed
officers, officials, agents and employees as additional insureds:
                 (1)      Comprehensive general liability insurance or self-insurance with limits not
less than those provided for in ORS 30.270.
                 (2)      The self-insurance or liability insurance policies required by this section
shall be maintained by the grantee throughout the term of the telecommunications license or
franchise, and such other period of time during which the grantee is operating without a franchise
or license hereunder, or is engaged in the removal of its telecommunications facilities. Each such
insurance policy shall contain the following endorsement:
                 "It is hereby understood and agreed that this policy may not be cancelled
                 nor the intention not to renew be stated until ninety (90) days after receipt
                 by the City, by registered mail, of a written notice addressed to the City
                 Manager of such intent to cancel or not to renew."
                 (3)      Within sixty (60) days after receipt by the City of said notice, and in no
event later than thirty (30) days prior to said cancellation, the grantee shall obtain and furnish to
the City replacement insurance policies meeting the requirements of this Section.
                 (4) A certificate of self-insurance as filed with and approved of by the State of
Oregon shall be filed with the City Manager.

7.468 General Indemnification. Each license or franchise agreement shall include, to the extent
permitted by law, grantee's express undertaking to defend, indemnify and hold the City and its
officers, employees, agents and representatives harmless from and against any and all damages,
losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out
of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts,
omissions, failures to act or misconduct of the grantee or its affiliates, officers, employees, agents,
contractors