HomeMy WebLinkAboutPlanning Commission Packet - April 18, 2000CITY OF CENTRAL POINT
PLANNING COMMISSION AGENDA
April 18, 2000 - 7:00 p.m.
4~ fl
Next Planning Commission
Resolution No. 484
I. MEETING CALLED TO ORDER
II. ROLL CALL
City Planning
Chuck Piland -Candy Fish, Don Foster, Karolyne Johnson, John LeGros,
Paul Lunte and Wayne Riggs
III. CORRESPONDENCE
IV. PUBLIC APPEARANCES
V. BUSINESS
A. Study session to review changes to the Central Point Municipal Code as they pertain to
the establishment of a tree ordinance, a barrier ordinance, and a the Bear Creek
Greenway.
VI. MISCELLANEOUS
VII. ADJOURNMENT
PLANNING DEPARTMENT MEMORANDUM
MEETING DATE: April 18, 2000
TO: Central Point Planning Commission
FROM: Tom Humphrey, AICP
Planning Director
SUBJECT: Study session to review changes the Central Point Municipal Code as they
pertain to the Zoning Ordinance.
At the March 21s` meeting, the Planning Commission reviewed possible changes to the zoning
ordinance that included telecommunications, trees and buffers. The Commission recommended
that the telecommunications ordinance be forwarded to the City Council. The tree and buffer
ordinances needed further review.
Tree Ordinance
The tree ordinance introduced last month was adapted from the City of McMinnville
Attachment "A"). The Commission felt that the McMinnville based document identified some of
the basic concepts that would be valuable to the City of Central Point. These include:
The preservation of existing trees whenever it is feasible, and that new development
should be designed to retain as many trees as possible, even if modifications to the
minimum setback requirements are needed.
2. A minimum number of trees per development activity.
3. The preservation of historical trees with an emphasis on voluntary compliance for those
trees located on private property.
4. A list of recommended trees that offer a variety of species that suit specific conditions for
a variety of locations throughout the city.
Commissioner Piland inquired about Ashland's tree regulations which have been included as
attachment "B". The Ashland ordinance and tree standards apply exclusively to street trees and
are generally less restrictive than the McMinnville standards.
1
Landscape and Sound Buffering
During the Commission review last month it was determined that a successful Landscape and
Sound Buffering ordinance for Central Point would:
1. Mitigate noise and visual impacts between conflicting land uses.
2. Use technical analysis to determine what type of buffer would best suit the circumstance
and let the developer decide the least expensive method.
City Councilor Bob Gilkey volunteered to conduct noise level research throughout the City and
may have some results for consideration by the Commission.
The City of Ashland Site Design Standards and the Transportation Growth Management model
ordinance have provided some buffer elements that could be used for the new ordinance
( Attachment "C").
Bear Creek Greenwav
In November of last year the Jackson County Board of Commissioners passed an ordinance
(Attachment "D") designed to regulate activities along the entire Bear Creek Greenway which
will eventually extend from Ashland to Central Point.
The County Board of Commissioners, concerned with vandalism, vagrancy and illegal camping
felt that new regulations were necessary to ensure a safe environment for all Greenway users.
City Administrator Jim Bennett has asked the Commission to review the County ordinance
(Attachment "E") and recommend whether or not the City of Central Point should enact it's own
ordinance for the portion of the Greenway located within the city limits.
,,
Chapter 00.00
TREES
Sections:
00.00.010 Purpose
00.00.020 Applicability
00.00.030 Definitions
00.00.040 Tree Remova]/Replacement
00.00.050 Review Criteria
00.00.060 Permit Exemptions
00.00.070 Topping
00.00.080 Protection of Trees
00.00.090 Street Tree Planting-When Required
00.00.100• Street Tree Standards
00.00.110 Street Tree Plans
00.00.120 Street Tree Planting
00.00.130 Street Tree Maintenance
00.00.010 Purpose
Qty of Centr#1 FQint
~~~r~r~r~c ttA ~t
Punning Department
The purpose of this ordinance is to establish and maintain the maximum amount of tree
cover on public and private lands in the city; provide tree-line streets throughout the city;
select, situate and maintain trees appropriately to minimize hazard, nuisance, damage,
and maintenance cost; to enhance the appearance of the City; to promote a diverse,
healthy, and sustainable community forest; and to educate the public regazding
community forest issues.
00.00.020 Applicability
The provisions of this ordinance shall apply to:
Individual significant or historic trees as defined in this ordinance.
2. All trees planted in or upon any public area or right-of--way;
All trees planted in or upon any private property which directly affect public
infrastructure including but on limited to sewers, water mains, sidewalks, streets,
public property, or clear vision distances at street intersections;
4, All trees developable land and subject to or undergoing development review such
as site plan review, tentative subdivision review, or partition review;
3
00.00.030 Definitions
Critical Root Zone Generally a circular region measured outward from a tree trunk
representing the essential area of roots that must be maintained or protected for the tree's
survival. Critical root zone is one foot of radial distance for every inch of tree diameter
measured at 4.5 feet above ground level, with a minimum of eight feet. For signiftcant
trees, the formula changes to 1.5 feet for every inch of tree diameter at 4.5 feet above
ground level, with a minimum of twelve feet.
Crown The leaves and branches of a tree or shrub; the upper portion of the tree from the
lowest branches on the trunk to the top. May also be referred to as "canopy".
DBH Diameter-at-breast-height is tree trunk diameter measured in inches at a height of
4.5 feet above the ground. If a tree splits into multiple trunks below 4.5 feet, the trunk is
measured at its most narrow point beneath the split.
Drip Line A vertical line extending from the outermost edge of the tree's original canopy
to the ground.
Hazardous Tree A tree or part thereof growing on private or public property which
endangers, obstructs or impairs the free and full use of a public azea, including utilities
within these areas or is afflicted with or weakened by a disease or injury.
Historic Tree Selected trees placed on an inventory based on the age, species, location,
and historic significance.
Maior Prunine Removal of over 20 percent of the tree's canopy, any tree topping, or
disturbance of over 10 percent of the root system.
Public Tree A tree located within a public right-of--way or on public land, such as a city
pazk.
Significant Trees Selected trees placed on an inventory based on the age, species, and
location.
Street Tree A living, standing woody plan typically having a single trunk at least 1-1/2
inch in diameter at a point six inches above mean ground level at the base of the trunk,
that is located within the street right-of--way.
TOnnInQ The severe cutting back of limbs to stubs three inches in diameter within the
tree's crown to such a degree so as to remove the natural canopy and disfigure the tree.
Tree Any woody plant having a truck five inches or more in diameter 4.5 feet above
ground level at the base of the trunk. If a tree splits into multiple trunks below 4.5 feet,
the trunk is measured at its most narrow point beneath the split.
4
Tree Boazd An appointed citizen committee formed for the purpose of hearing concerns
and making decisions regarding trees. The Central Point Landscape Review Committee
currently serves in this capacity.
Tree Establishment Includes watering, initial pruning, and replacement of trees, if
necessary, for a period of three years from the date of planting.
00.00.040 Tree Removal/Replacement
1. The removal or major pruning of a tree within the public right-of--way shall
require City approval, unless specifically designated as exempt by this ordinance.
Persons wishing to remove or prune such trees shall file an application for a
permit with the Central Point Planning Department. The applicant shall include
information describing the location, type, and size of the subject tree or trees, and
the reasons for the desired action. The request shall be forwazded to the Central
Point Landscape Review Committee for a decision within thirty days of submittal.
The Landscape Review Committee may approve, approve with conditions, or
deny the request based on the criteria stated in 00.00.050. A decision of the
committee maybe appealed to the Planning Commission if notice of intent to
appeal is filed with the Planning Department within fifteen days of the
committee's decision.
2. The subject to this ordinance shall be removed or pruned following accepted
pruning standards adopted by the City.
3. The applicant shall be responsible for all costs associated with the tree removal or
pruning and shall ensure that all work is done in a manner which ensures safety to
individuals and public and private property.
4. .Approval of a request to remove a tree may be conditioned upon replacement of
the tree with another tree approved by the city, or a requirement to pay to the city
an amount sufficient to fund the planting and establishment by the city of a tree,
or trees, of similar value. The value of the existing tree to be removed shall be
calculated using the methods set forth in the edition then in effect of the "guide for
Plan Appraisal" published by the International Society of Arboriculture Council
for Tree Landscape Appraisers.
5. The applicant is responsible for grinding stumps and surface roots at least six
inches below grade. At least a two inch thick layer of topsoil shall be placed over
the remaining stump and surface roots. The areas shall be crowned at least two
inches above the surrounding grade to allow for settling and shall be graded
smooth. The Applicant shall restore any damaged turf areas and grades due to
vehicular or mechanical operations. The azea shall be re-seeded.
6. Other conditions may be attached to the permit approval by the Central Point
5
Landscape Review Committee as deemed necessary.
00.00.050 Review Criteria. A permit for major pruning or tree removal shall be granted if any of
the following criteria apply:
The tree is unsafe, dead, or diseased as determined by a Certified Arborist.
Verification of tree health may be required, at the expense of the applicant, by a
Certified Arborist acceptable to the City.
2. The tree is conflict with public improvements.
3. The proposed removal or pruning is part of an approved development project, a
public improvement project where no alternative is available, or is part of a street
tree improvement program.
00.00.060 Permit Exemptions
Hazardous Tree - If an imminent danger exists to the public or any private
property owner or occupant, the City may issue an emergency removal permit.
The removal shall be in accordance with International Society of Arboriculture
(ISA) standards.
2. Maintenance -Regular pruning maintenance which does not require the removal
of over 20 percent of the tree's canopy, tree topping, or the disturbance of over 10
percent of the tree's root system is exempt from the provisions of this ordinance.
00.00.070 Tree Tonning
It shall be unlawful for any person, firm, or the City to top any tree. Trees severely
damaged by storms or other causes or.certain trees under utility wires or other
obstructions where normal pruning practices may be exempted at the deternunation of the
Central Point Landscape Review Committee, applying criteria developed by the City.
00.00.080 Protection of Trees
It shall be unlawful for any person to remove, destroy, break, or injure any street
tree or public tree. Individuals convicted or removing or destroying a tree without
City approval shall be subject to paying to the City an amount sufficient to fund
the planting and establishment of a tree, or trees, of similar value. The value of
the removed or destroyed tree shall be calculated using the methods set forth in
the edition then in effect of the "Guide for Plant Appraisal" published by the
International Society of Arboriculture Council of Tree Landscape Appraisers.
It shall be unlawful for any person to attach or keep attached to any street or
public tree or to the guard or stake intended for the protection of such tree, any
rope, wire, chain, sign, or other device, except as a support for such tree.
6
3. During the construction, repair, alteration or removal of any building or structure
it shall be unlawful for any owner or contractor to leave any street tree or public
tree in the vicinity of such building or structure without a good and sufficient
guard or protectors as shall prevent injury to such tree arising out of or by reason
of such construction or removal.
4. Excavations shall not occur within the drip line of any street tree or public tree
without approval of the City, applying criteria developed by the Landscape
Review Committee. Utility pole installations are exempted from these
requirements. During such excavation or construction, any such person shall
guard any street tree or public tree within the drip line, or as may be required by
the Landscape Review Committee.
5. All building or other debris shall be kept outside of the drip line of any street tree
or public tree.
00.00.090 Street Tree Plantine _ When Re uq fired
All new multi-family development, commercial or industrial development, subdivisions,
partitions, or pazking lots fronting a public roadway which has a designated curb-side
planting strop or planting island shall be required to plant street trees in accordance with
the standazds listed in Section 00.00.100.
00.00.100 Street Tree standazds
1. The species of the street trees to be planted shall be chosen from the approved
street tree list unless approval of another species is given by the Central Point
Landscape Review Committee.
2. Street trees shall be a minimum of two (2) inches in caliper measured at six (6)
inches above ground level. All trees shall be healthy grown nursery stock with a
single straight trunk, a well developed leader with tops and roots characteristic of
the species cultivaz or variety. All trees must be free of insects, diseases,
mechanical injury, and other objectionable features when planted.
3. Small or narrow stature trees (under 25 feet tall and less than 16 feet wide
branching) should be spaced no greater than 20 feet apart; medium sized trees (25
feet to 40 feet tall, 16 feet to 35 feet wide branching) should be spaced no greater
than 30 feet apart; and large trees (over 40 feet tall and more than 35 feet wide
branchirig) should be spaced no greater than 40 feet apart. Within residential
developments, street trees should be evenly spaced, with variations to the spacing
permitted as approved by the City for specific site limitations and safety purposes.
Within commercial and industrial development staggered, or irregular spacing is
permitted, as may be approved by the Central Point Landscape Review
Committee.
4. When located adjacent to a local residential street or minor collector street, street
trees shall be planted within acurb-side landscape strop measuring a minimum of
three feet in width. Street trees adjacent to major collector streets or arterial
streets shall be placed a minimum of four (4) feet from the back edge for the
sidewalk. In no case shall a tree be planted closer than two and one-half (2 %Z)
feet foan the face of a curb.
Street trees shall not be plantdd within ten (10) feet of fire hydrants, utility poles,
sanitary sewer, storm sewer or water lines, or within twenty (20) feet of
streetlight standards or street intersections, or within five (5) feet on an existing
street tree. Variations to these distances may be granted by the Public Works
Director and as may be required to ensure adequate clear vision.
6. Existing street trees shalt be retained unless approved by the Planning Director for
removal during site development or conjunction with a street construction project.
Sidewalks of a variable width and elevation maybe utilized as approved by the
Planning Director to save existing street trees. Any street tree removed through
demolition or construction within the street right-of--way at a location approved by
the city with a tree, or trees, of similar value. As an alternative the property
owner maybe required to pay to the City an amount sufficient to fund the planting
and establishment by the city of a tree of similar value. The value of the edition
then in effect of the "Guide for Plant Appraisal" published by the International
Society of Arboriculture Council of Tree Landscape Appraisers. The developer
.afapplicant shall be responsible for the cost of the planting, maintenance and
establishment of the replacement tree.
7. Sidewalk cuts in concrete for tree planting shall be a minimum of four feet by six
feet, with the long dimension parallel to the curb.
8. Stceet trees, as they grow, shall be pruned to provide at least eight (8) feet of
clearance above sidewalks and thirteen (13) feet above local streets, fifteen (IS)
feet above collector streets, and eighteen (18) feet above arterial streets. This
provision maybe waived in the case of newly planted trees so long as they do not
interfere with public travel, sight distances, or endanger public safety as
determined by the City.
9. Maintenance of street trees, other than those located in the downtown core azea
(defined that bordered Manzanita, Oak, Front through 6~' Streets) shall be
continuing obligation of the abutting property owner.
00.00.110 Street Tree Plans
Submittal.
..., ., 8
Subdivisions and Partitions -Street tree planting plazzs shall be submitted
to the Landscape Review Committee for review and approval prior to the
filing of a final subdivision or partition plat.
2. Commercial, industrial, Parking lots, and Multi-Family Residential
Development Landscape plans, to include street tree planting as may be
required by this ordinance, shall be submitted to the Landscape Review
Committee for review and approval prior to the issuance of a building
permit.
2. Street Tree Plan Content. At a minimum, the street tree planting should:
Indicate all existing trees, noting location, species, size (caliper and
height) and condition;
2. Indicate whether existing trees will be retained, removed, or relocated;
3. Indicate the measures to betaken during site development to ensure the
protection of existing trees to be retained;
4. Indicate the location, species, and size (caliper and height) of street trees to
be planted; and
5. Indicate the location of proposed and existing utilities and driveways.
6. Indicated the location ofrights-of--way, existing structures, driveways, and
existing trees including their species, size, and condition, within twenty
feet of the subject site.
00.00.120 treet Tree lantin
2. Residential subdivisions and partitions
Planting Schedule. Street trees required of residential subdivisions and
partitions shall be installed prior to Submittal of a final subdivision plat or
partition plat. As an alternative the applicant may file a surety bond or
other approved security assure the planting of the required street trees, as
prescribed in the Central Point Municipal Code.
3. Commercial, Industrial, Multi-Family, Pazking Lot Development -
Planting Schedule. Street trees required of a commercial, industrial, multi-
family, or pazking lot development shall be installed at the time all other
required landscaping is installed.
~~~
00.00.130 Street Tree Maintenance
Street trees shall be continually maintained, including necessary watering, wedding,
pruning and replacement, by the developer or property owner for one full growing season
following planting, or as may be required by the City.
Section 2. Amendments to Municipal Code
00.00.140 Street Tree Maintenance
Street trees shall be continually maintained, including necessary watering, weeding,
pruning and replacement, by the developer for one full growing season following p~ U-~; ~ •~ ~
or as may be required by the City.
BOTANICAL NAME
• Almira Norway maple
• Acer platanoides `Globosum'
* * Acer platanoides var.
** Acer rnbnun "Armstrong"
** Acer rubnxm "Deric"
** Acer rubnun "Scanlon"
** Acer sacchazum columnaze
** Acer sacchanun monumentale
** Carpinus betulus vaz
Celtis canadensis
Cercis canadensis
Cladrastis lutea
Crataeguslavallei
Crataegus monogyna `Stricta'
Crataegus phaenopyrum
** Fraxinus oxycarpa `Flame'
Fraxinus excelsior `Globehead'
Fraxinus excelsior `Rancho'
** Fraxinus pennsylvania `Lanceolata'
Ginko biloba (males only)
** Gleditsia triacanthos `Shademaster'
Koelreuteria paniculata
Ligustrum japonicum
COMMON NAME
Acer platanoides `Almira'
Globe-head Norway maple
Norway maple
Armstrong Red maple
Deric Red Maple
Scanlon Red Maple
Newton Sentry sugaz maple
Temple's upright sugar maple
European hornbeam
Common hackberry
Eastern redbud
Yellowwood
Lavalle hawthorn
Pyramidal hawthorn
Washington hawthom
Flame Ash
Globe-head European ash
Rancho roundhead ash
Marshall's seedless ash
Ginko
Shademaster honey locust
Goldenrain Tree
Lauris nobilis Sweet
bay
Wax leaf privet
Liquiedambar styraciflua
American sweetgum
Liriodendron tulipifera Tulip
Malus baccata `Columaris'
Malus species
Oxydendrum azboreum
Prunus sazgentii
tree
Magnolia gradiflora
Southern Magnolia
Columnaz Siberian crab
Ornamental crabapples
Sourwood
** Pistacia chinensis
Chinese pistache
Sazgent cherry
Pyrus calleryana
pear
Quercus coccinea
oak
Quercus ilex
oak
Quercus robur
English oak
** Quercus rubra
oak
Sophorajaponica
Japanese pagoda tree
Styraxjaonicus
Japanese snowbell
Tilia bordata
leaf linden
Small stature trees that usually remain below overhead utility lines
Gallery
Scazlet
Holly
Red
Little-
** Larger stature trees with multi-limb stmcture which could be pruned and
shaped around overhead utility lines.
NON-RECOMMENDED STREET TREES
The following street trees aze not recommended for use as street trees in that they may exhibit
one or more of the following chazacteristics: I) invasive root systems; 2) strong surface roots
which tend to heave sidewalks; 3) weak wood; 4) weeping branches which cause visibility
problems; or 5) susceptible to insect damage. Use of these trees may be permitted under special
circumstances, and only after approval is granted by the Landscape Review Committee.
BOTANICAL NAME
Acer macrophyllum
Aesculus species
Betula species
COMMON NAME
Big Leaf Maple
Horse Chestnuts
Birch
~_ lU
Fraxinus velutina `Modesto' Modesto Ash
Morus atba Fruitless Mulberry
Platanus acerifolia Sycamore
Quercus palustris Pin Oak
Acer negundo Boxelder
Acer saccharinum Silver Maple
Ailanthus altissima Tree of Heaven
Albizza julibrissin Silk Tree
Alnus species Alder
Any species Coniferous Trees
Any species Commerical fruit trees
Any species Nut trees
Catalpa species Catalpa
Ginko bilboa (female only) Ginko
Ilex species Holly
Juglans species Walnut
Laburnum watereri Goldenchain Tree
Maclura pomifera Osage Orange
Mous alba Fruiting Mulberry
Populus species Cottonwood, Poplar, etc.
Robinia species Locust
Salix species Willow
Sorbus aucuparia Mountain Ash
Ulmus species Elm
,~ si
Chapter 13.16
STREET TREES
Sections:
13.16.010
13.16.020
13.16.030
13.16.035
13.16.040
13.16.045
13.16.050
13.16.060
13.16.065
13.16.070
13.16.080
13.16.090
13,16.100
City o f Central ~utiat
EXIi~~Y`T tcg't
Planning Department
Title '-
Enforcing Authority
Permission to Plant or Remove
Permission to Prune
Plan
Trees--Recommended
Trees--Prohibited
Trees--Removal
Stump Removal
Dangerous Trees--Nuisance--Removal
Appeals
Trees--Abu se--M uti I atio n
Violation--Penalty
13.16.010 Title. This Chapter shall be referred to and cited as the "Street Tree
Ordinance" of the City.
13.16.020 Enforcing Authority. The City Administrator, or a duly authorized
representative, shall be charged with the enforcement of this Chapter.
13.16.030 Permission to Plant or Remove. The City encourages the planting of
appropriate trees. No trees shall be planted in or removed from any public
planting strip or other public property in the City until a permit has been issued
by the City Administrator or a duly authorized representative. Applicants for a
removal permit may be required to replace the tree or trees being removed with
a tree or trees of comparable value. If the tree is determined to be dead or
dying, then the replacement need be no larger than the minimum described in
this chapter. The replacement tree(s) shall be of a size specified in the permit
and no smaller than eight feet in height or one inch in caliper 12 inches above
root crown and shall be an appropriate species selected from and planted
according to the Recommended Street Tree List.
13.16.035 Permission to Prune. Except for purposes of removal of dying
branches or those which are a hazard to the public, pruning by City crews, or
pruning for purposes of maintaining tree health, no tree shall be pruned within
any public planting strip or public right-of-way until a permit has been issued by
the City Administrator or a duly authorized representative.
13.:16.040 Plan. All trees and shrubs planted in any public planting strip or
other public place in the City shall conform as to species and location to the
Recommended Street Tree Lrst prepared and updated by the City Tree
Commission and made available in the City Recorder's Office and in the
Department of Community Development.
Title 13 Page 10
.,~~ 12
13.16.045
13.16.045 Trees -Recommended. The following are approved street trees in public parkrows or
right-of-way parkrows:
Common Name
Amur Maple
Trident Maple
Hedge Maple
Globe Norway Maple
Bradford Pear
(Varieties: Artistocrat, Chanticleer)
Golden Rain Tree
Redbud
(Needs protection from S.W. sun)
Kwanzan Cherry
Crepe Myrtle
Flowering Plum
(Varieties: Blireiana, 'Thundercloud")
Raywood Ash
Flame Ash
Snowdrift Flowering Crabapple
Japanese Crabapple
Washington Hawthorn
European Hornbeam
Profusion Crabapple
Sargent Cherry
Sweet Gum
[(For good fall color, use varieties such as
(orange red)]
Marshall's Seedless Ash
Kimberly Blue Ash
Latin Name
Acer ginnala
Acer buergeranum
Acer campestre
Acer platinoides "Globe"
Pyrus calleryana
Koelreuteria paniculata
Cercis canadensis
Prunus serrulata "Kwanzan"
Lagerstroemia indica
Prunus cerasifera varieties
Fraxinus oxycarpa "Raywood"
Fraxinus oxycarpa "Flame'
Malus "Snowdrift"
Malus Floribunda
Crataegus phaenopyrum
Carpinus betulus
Malus "Profusion"
Prunus sargentii
Liquidamber styraciflua
"Burgundy" (wine red) or "Palo Alto"
Fraxinus pennsylvanica
("Marshall's Seedless")
Fraxinus excelsior "Kimberly
Blue"
Rosehill Ash Fraxinus americana "Rosehill"
Flowering Ash Fraxinus ornus
Norway Maple cultivars Acer platinoides
(Recommended varieties: Crimson King, E merald Queen)
Red Maple cultivars Acer rubram
(Recommended varieties: October Glory, Red Sunset Armstrong)
Scarlet Oak Quercus coccinea
Red Oak Quercus rubra
Canyon Live Oak (Evergreen) Quercus chrysolepis
Holly Oak (Evergreen) Quercus ilex
English Oak Quercus robur
Chinese Pistache Pistache chinensis
Variegated Boxelder Acer negundo "Variegatum"
(Recommended variety: Variegatum)
Ginkgo
Grecian Laurel
Japanese Zelcova
(Recommended variety: Village Green)
Amur Cork Tree
Thornless Honey Locust
(Recommended varieties: Moraine,)
Shademaster, Sunburst)
(Ord. 2355 St, 1985)
Ginkgo biloba
Laurus nobi(is
Zelcova serrata "Village
Green"
Phellodendron amurense
Gleditsia triancanthos
"unermis"
F/evised September 1993
J
Title 13 Page 11
13
13.16.050
13.16.050 Trees -Prohibited. It is unlawful to plant in any public parkrow or right-of-way the
following trees:
Common Name
Evergreen conifers
Poplar & related species
Black Locust
Boxelder (except variegated)
Sycamore
Siberian Elm
American Elm
Walnut
Weeping Willow
Commercial Fruit Trees
Catalpa
Tree of Heaven
Big Leaf Maple
Fruiting Mulberry
Osage Orange
Weeping varieties of various trees:
i.e., cherry, mulberry, and crabapple
Latin Name
Numerous species
Populus tricocarpa,
tremuloides, etc.
Robinia pseudoacacia
AcerNegundo
Platanus species
Ulmus pumila
Ulmus americana
Juglans species
Salix bablonica
Numerous species
Catalpa speciosa
Ailanthus altissima
Acer macrophyilum
Morus alba
Maclura pomifera
(Ord. 2355 S2, 1985)
13.16.060 Trees--Removal. The City Administrator may cause to be trimmed,
pruned or removed any trees, shrubs, plants, or vegetation in any public
planting strip or other public property, or may require any property owner to
trim, prune, or remove any trees, shrubs, plants or vegetation in a public
planting strip abutting upon the owner's
property. Failure to comply with this requirement within 30 days of receiving
notice by the City Recorder is a violation of this chapter.
13.16.065 Stump Removal. Any tree removed under this chapter shall be
removed at ground level or lower. If a tree is removed below ground level, the
surface will be restored to finish grade and any regrowth which occurs shall be
promptly removed. Any failure to comply with this requirement is declared to
be a nuisance and subject to removal by the City pursuant to the terms set
forth in AMC 9.08.190; and is a violation of the nuisance chapter subject to
the penalties set forth in AMC 9.12.060.
13.16.070 Dangerous Trees--Nuisance--Removal. Any tree or shrub growing in
any public property, on private property, or in a planting strip abutting public
property, which is endangering or which may endanger the security or
usefulness of any public street, sewer, or sidewalk, is declared to be a public
nuisance; and the City may remove or trim the tree or shrub, or may require the
property owner to remove or trim the tree or shrub . Failure of the property
owner to remove or trim the tree within 30 days of receiving notice by the City
Revised September 1993
Title 13 Page 12
~~ 14
13.16.100
Recorder is a violation of this chapter, and the City Administrator may then
remove or trim the tree and assess the costs against the property.
13.16.080 Appeals. Appeals from any assessment made under AMC
13.16.070 may be made by filing written notice with the City Recorder within
ten days after the order is received, stating in substance that an appeal from
the order is being made to the City Council. The City Recorder shall file the
appeal with the City Council at the next regular meeting, at which meeting the
appellant and the City Administrator may present evidence. Action taken by the
City Council after the hearing shall be conclusive.
13.16.090 Trees--Abuse--Mutilation. No person shall abuse, destroy, or
mutilate any tree, shrub, or plant in a public
planting strip or any other public property, or attach or place any rope or wire
(other than one used to support a young or broken tree), sign, poster, handbill,
or other thing to or on any tree growing on public property, or to cause to
permit any wire charged with electricity to come in contact with any such tree,
or to allow any gaseous, liquid, or solid substance which is harmful to the trees,
to come in contact with their roots or leaves.
13.16.100 Violation--Penalty. Any person who violates any of the provisions of
this chapter is guilty of an infraction and shall be subject to the penalties set
forth in Section 1.08.020.
(Ord. 1810, 1974; Ord. 1561 S10, 1968; Ord. 2382 S15, 1986; Ord. 2723, 1993)
Revised September 1993
Title 13 Page 13
J .. 1~
t
~. STREET TREE STANDARDS
7) Street trees shall be located
behind the sidewalk except in
cases where there is a desig-
nated planting strip in the right-
of-way, orthe sidewa Ik Is greater
than 8 feet wide. Street trees
shall include irrigation, root bar-
riers, and generally conform to
thestandard established bythe
DeparCment of Community De-
velopment.
it-E2) Spacing, Placement, and Prun-
ing of Street Trees
All tree spacing may be made subject to
special site conditions which may, for
reasons such as safety, affect the deci-
slon.Any such proposed spec(al condition
shall be subject to the Staff Advisor's
review and approval. The placement, spac-
ing, a nd pruning of street trees sha II be as
follow:
a) Street trees shall be placed at
the rate of one tree for every 30
feet of street frontage. Trees
sha II be evenly spa ced, with va na-
tions to the spacing permitted
for specific site limitations, such
as driveway approaches.
b) Trees shall not be planted closer
than 25 feet from the curb line
i
acy or central patrif
~~:HII~I'T «C» i
Planniztg Department
of intersections of streets or
alleys, and not closer than 10
feetfrom privatedriveways (mea-
sured at the back edge of the
sldewalk), fire hydrants, or util-
ity poles.
c) Street trees shall not be pla nted
closer than 20 feet to light
standards. Except for public
safety, no new light standard
location shall be positioned
closer than 10 feet to any exist-
ing street tree, and preferably
such locations will be at least
20 feet distant.
d) Trees shall not be planted closer
than 2 1/2 feet from the face of
the curb except at intersec-
tions where it shall be 5 feet
from the curb, in a curb return
area.
e) Where there are overhead power
lines, tree species are to be
chosen that will not Interfere
with those lines.
f) Trees shalt not be planted within
2 feet of any permanent hard
surface paving orwalkway. Side-
walk cuts In concrete for trees
shall be at least 10 sc(uare feet,
however, larger cuts are encour-
aged because they allow addi-
tional air and water into the
root system and add to the
health of the tree. Space be-
tween the tree and such hard
surface may be covered by per-
meablenon-pennanenthard sur-
faces such as grates, bricks on
sand, or paver blocks.
29
~~
II-E-1) Location for Street Trees
D. LARKING LOT LANDSCAPING AND
____ _
_ ...... _
r1 pprrn~al Starcdard.• h!/ pa~dng hY~s, which fore
#rrr of this se~tdon lndudeareas t~f
relildehranan~ringparHng, andhading, 91ia1(
#~e1anzlscape~land screened as follav.
II-D-1) Screening at Required Yards
t) Parking abutting a required land-
scaped front or exterior yard
shall incorporate a sight ob-
scuring hedge screen into the
required landscaped yard.
2) The screen shall grow to be at
least 36 inches higher than the
finished grade of the parking
area, except for required vision
clearance areas.
3) The screen height may be
achieved by a combination of
earth mounding and plant ma-
teria Is.
4) Elevated parkingbtsshallscreen
both the parking and the retain-
ing wall.
It-D-2) Screening Abutting Property
Lines
Parking abutting a property line
shall be screened by a 5' land-
scaped strip. Where a buffer
between zones is required, the
screening shall be incorporated
into the required buffer strip,
and will not be an additional
requirement.
SCREENING STANDARDS
If-D-3) landscape Standards:
t) Parkingbtfandscapingshallcon-
sist of a minimum of 7/ of the
total parking area plus a ratio
of 1 tree for each seven parking
spaces to create a canopy ef-
fect.
2) The tree species shall be an
appropriate largecanopied shade
tree and shall be selected from
the street tree list to avoid root
damage to pavement and utili-
ties, and damage from drop-
pings to parked cars and pedes-
trians.
3) The tree shall be planted in a
landscaped area such that the
tree bole Is a least 2 feet from
any curb or paved area.
4) The (andscaped area shall be
planted with shrubs and/or liv-
ing ground cover to.assure 50%
coverage within 1 yearand 90%
with(n 5 years.
5) Landscapedareasshallbeevenly
distributed throughoutthepark-
Ing area and parking perimeter
at the required ratio.
6) That portion of a required land-
scaped yard, buffer strip or
screening strip abutting parking
stalls may be counted toward
required parking lot landscaping
27
~~
28
but only for those stalls abut-
ting landscaping as long as the
tree species, living plant mate-
rlalcoverage and placement dis-
tribution criteria are also met.
Frontorexterioryard landscap-
ing may not be substituted for
the interbrlandscaping required
for Interior parking stalls.
U-D-4) Residential Screening
1) Parking areas adjacent to resi-
dentia{ dwe{{ing shalt be Set back
at lea st 8 feet from the building,
and shall provide a continuous
hedge screen.
ll-D-~ Hedge Screening
The required hedge screen shall be in-
stailed as follows:
1) Evergreen shrubsshallbeplanted
so that 50°I> of the desired
screening is achieved within 2
years, 700'/o within 4 years.
2) !-wing groundcover 1n the screen
strip shall be planted such that
100'1<coverage isachieved within
2 years.
II-D-6) other Sceening
t) Other screening and buffering
shall be provWed as follow:
Refuse Conta(ner Scr~eeru Refuse con-
talnersordisposa(areasshall be screened
from view by placement of a solid wood
fence or masonry wall from five to eight
feet in height. All refuse materials sha II be
contained within the refuse area.
Service Corridor Soren: When adjacent
to residential uses, commercial and in-
dustrlal servicecorridor5sha11 bescreened.
Siting and design of Such service areas
shall reduce the adverse effects of noise.
odor and visual clutter upon adjacent
residential uses.
lJght and Glare Sct~r. Artificial lighting
shall be so arranged and constructed as
to not produce direct glare on adjacent
residential properties or streets.
18
E. Landscape Design Standards (continued)
3. Buffering and Screening R,eSluired -Buffering and screening are required under the
following conditions:
a. Parking/Maneuvering Area Adjacent to Streets and Drives. Where a parking
or maneuvering area is adjacent and parallel to a street or driveway, a
decorative wall (masonry or similar quality material), arcade, trellis, evergreen
hedge, or similar screen shall be established parallel to the street or driveway.
The required wall or screening shall provide breaks, as necessary, to allow for
access to the site and sidewalk by pedestrians via pathways. The design of the
wall or screening shall also allow for visual surveillance of the site for security.
Evergreen hedges used to comply with this standard shall be a minimum of 36
inches in height at maturity, and shall be of such species, number and spacing
to provide the required screening within one year after planting. Any areas
between the wall hedge and the street/driveway line shall be landscaped with
plants or other ground cover. All walls shall be maintained in good condition,
or otherwise replaced by the owner.
b. Parkinp/Maneuvering Area Adjacent to Building. Where a parking or
maneuvering area, or driveway, is adjacent to a building, the area shall be
separated from the building by a raised pathway, plaza, or landscaped buffer
no less than _ feet in width. Raised curbs, bollards, wheel stops, or other
design features shall be used to protect buildings from being damaged by
vehicles. When parking areas are located adjacent to residential ground-floor
living space, a landscape buffer is required to fulfill this requirement.
c. c ning of Me hanical E~u;nment Outdoor Storage Service and Deliverv
Areas and Automobile-Oriented Uses. All mechanical equipment, outdoor
storage and manufacturing, and service and delivery areas, shall be screened
from view from all public streets and Residential districts. Screening shall be
provided by one or more the following: decorative wall (i.e., masonry or similar
quality material), evergreen hedge, non-see through fence, or a similar feature
that provides anon-see through barrier. Walls, fences, and hedges shall
comply with the vision clearance requirements and provide for pedestrian
circulation, in accordance with Chapter 3.1 -Access and Circulation. (See
Section 3.2.5 for standards related to fences and walls.)
City of _ Development Code -Design Standards
Page 3-23
Landscaping, Street Trees
Fences and Walls
19
3.2.ti =:Fences and Walls
The following standards shall apply to all fences and walls:
A. General Requirements. All fences and walls shall comply with the standards of this
Section. The City may require installation of walls and/or fences as a condition of
development approval, in accordance with Chapter 4.2 -Conditional Use Permits or
Chapter 4.4 -Site Design Review. Walls built for required landscape buffers shall
comply with Section 3.2.3.
B. Dimensions.
1. The maximum allowable height of fences and walls is 6 feet, as measured from the
lowest grade at the base of the wall or fence, except that retaining walls and terraced
walls may exceed 6 feet when permitted as part of a site development approval, or as
necessary to construct streets and sidewalks. A building permit is required for walls
exceeding 6 feet in height, in conformance with the Uniform Building Code.
2. The height of fences and walls within a front yard setback shall not exceed 4 feet
(except decorative arbors, gates, etc.), as measured from the grade closest to the
street right-of-way.
3. Walls and fences to be built for required buffers shall comply with Section 3.2.3.
4. Fences and walls shall comply with the vision clearance standards of Section 3.1.2.
C. Materials. [Reserved for cities that want to prohibit or specify m¢terials.J
D. Maintenance. For safety and for compliance with the purpose of this Chapter, walls
and fences required as a condition of development approval shall be maintained in good
condition, or otherwise replaced by the owner.
City of _ Development Code -Design Standards
Page 2-26
Landscaping, Street frees
Fences and Walls
20
BEFORE THE BOARD OP COMMISSIONERS OF JACKSON COUNTY
FOR THE STATE OF OREGON
IN THE MATTER OF AMENDING )
CHAPTER 1228 OF THE CODIFIED )
ORDINANCES OF JACKSON COUNTY )
BY ADDING SECTIONS 1228.02 TO )
1228.09 PERTAINING TO THE BEAR )
CREEK GREENWAY CORRIDOR. )
City of Central Point
EXHI~I`I' ttD't
Planning Department
ORDINANCE No. 99-41
WHEREAS, substantial completion of the Bear Creek Greenway has stimulated
greater use of that corridor by the public; and
WHEREAS, increased use of the Greenway necessitates the establishment of rules
regulating its use;
NOW, THEREFORE, the Jackson County Board of Conunissioners hereby
ORDAINS:
Section 1.
Ordinance No. 86-5, entitled "The Codified Ordinances of Jackson County, 1985,"
as amended by Ordinance Nos. 91-21, 93-2, 94-3, 94-106, 96-12 and 98-11, is amended by
adding Sections 1228.02 to 1228.09 pertaining to the Bear Creek Greenway Corridor.
Those sections to be added shall read as follows:
1228.02 PURPOSE.
These Rules are promulgated by the Jackson County Board of Commissioners to establish
common enforceable regulation of activities throughout the Bear Creek Greenway Corridor.
The provisions of this Chapter, unless agreed otherwise, are not intended to preempt any
other local government law, ordinance, rule, or regulation, or any property transaction,
easement, covenants or similar agreement between any local government and those adjacent
landowners with whom those agreements were made.
1228.03 DEFINITIONS.
For the purposes of Sections 1228.02 to 1228.09, unless the context requires otherwise, the
following definitions apply:
i -BEAR CREEK GREENWAY ORDINANCE
21
(a) "Camp" means to set up, occupy, or to remain in or at a campsite.
(b) "Campsite" means any place where any bedding, sleeping bag or other material used
for bedding purposes, or any stove or fire, is placed, established or maintained for the
purpose of maintaining a temporary place to live, whether or not such place incorporates the
use of any tent, box, lean-to, shack or any other structure, or any vehicle or part thereof.
(c) "Bear Creek Greenway Corridor (Greenway)" means that publicly-owned 20-mile
con•idor of parks, trails, and adjacent land and waters that is located running north and south
and includes sections of Bear Creek between North Mountain Avenue in the City ofAshland
to Seven Oaks Interchange in the City of Central Point.
(d) "Bicycle" has the meaning given that term in ORS 801.150.
(e) "Destructive device" means any device with an explosive, incendiary or poison gas
component, including but not limited to a bomb, grenade, rocket having a propellant charge
of more than four ounces, missile having an explosive or incendiary charge of more than
one-quarter ounce, mine, or any combination of parts either designed or intended for use in
converting any device into any destructive device described in this paragraph and from
which a destructive device may be readily assembled.
(f) "Dwell" means to regularly or intermittently remain for such a period of time at or
near a particular location, premises or area so as to create a circumstance normally or
reasonably associated with inhabiting, living, or assuming a possessory interest in such area.
(g) "Firearm" has the meaning given that term in ORS 166.210.
(h) "Fireworks" has the meaning given that term in ORS 480.110.
(i) Greenway Authority" means a unit of local government, its designees, or its
employees, who have lawful control of regulating use of the Greenway by nature of
jurisdiction, ownership, tenancy, or official position.
(j) "Horse," in addition to its ordinary meaning includes mules, donkeys and other
rideable animals.
(k)
"Keener" means a person who owns, possesses, controls or otherwise has charge
of a companion animal, as that term is defined in UKS 164
O55(2)(a).
(I) "Livestock" means equines, cattle, sheep, goats, llamas, alpacas and swine.
2 -BEAR CREEK GREENWAY ORDINANCE
nn
(m) "Occupy" or "Occupancy" means the purpose for which a premises or structure, or
parts thereof, is used or intended to be used. The definition of "Occupy" is not limited to
human or animal inhabitation and can include the improvement, development, or the
placement of a structure or building on a premises, or any condition thereof.
(n) "Open to the public" means premises that, by their physical nature, function,
custom, usage, notice or lack of notice, or other circumstances at the time, would cause a
reasonable person to believe that no permission to enter or remain is required.
(o) "Possess" has the meaning given that term in ORS 161.015.
(p) "Premises" includes any real property, facility, structure, shelter or building whether
privately or publicly owned.
(q) "Skate" or "Skating" means roller skating, skate boarding or roller blading, or
otherwise the use or application of a similar contrivance propelled exclusively by human
power.
(r) "Weapon" means any instrument, article or substance specifically designed for and
presently capable of causing death or serious physical injury. A weapon includes any knife
having a blade that projects or swings into position by force of a spring or by centrifugal
force and commonly known as a switchblade knife, any dirk, dagger, ice pick, slingshot,
metal knuckles, or any similar instrument by the use of which injury could be inflicted upon
the person or property of any other person. A "deadly" weapon has the meaning given that
term in ORS 161.015(2).
1228.04 INTENDED USES.
The Greenway is intended for multiple use for recreational and non-motorized
transportation activities. None of the provisions of the Bear Creek Greenway Ordinance
relieves the pedestrian or relieves the cyclist, skater, or equestrian from the duty to exercise
due care concerning other users of the Greenway or adjacent land owners.
(a) All Greenway users should maintain their own common or standard lane of travel
without impeding travel of other users.
(b) Bicyclists and skaters yield to all other trail users, and hikers yield to equestrians.
(c) Unless otherwise marked, Greenway users are permitted only on paths or paved
trails specifically designed for such use.
3 -BEAR CREEK GREENWAY ORDINANCE
~~
(d) Companion animals are allowed if on a leash no longer than six feet and in strict
control of its keeper. Keeper shall remove the animal's waste.
(e) All users are expected to observe and obey all Oregon State and Greenway traffic,
as well as informational, warning, and closure signs.
(f) All persons within the Greenway will be held responsible for any damage they
cause. Parents or guardians will be held responsible for the damage caused by their children
under the age of 18 years old, whether or not the parent or guardian is present.
1228.05 AUTHORITY; CLOSURE OF GREENWAY; USE LIMITATIONS.
(a) The Greenway Authority is hereby authorized to establish and post regulations
governing the use of the Greenway which are not inconsistent with regulations contained
in Jackson County Code Sections 1228.02 to 1228.09 and which promote public health and
safety and the preservation of properly.
(b) The Greenway Authority is hereby authorized to close to public use the Greenway
corridor or any portion thereof, restrict the times when the same shall be open to such use
and limit or prohibit any recreational use whenever such action is necessary to protect the
health or safety of the public or the safety of the Greenway or its facilities. Causes for
Greenway closure or limitations on Greenway use include, but are not limited to, scheduled
public events, fire hazard, dangerous weather or water conditions, sanitary protection of the
watershed, park construction or repairs, conservation of fish and wildlife, unsafe or
overcrowded shoreline, ramp, parking or road conditions, the prevention of damage to the
Greenway or any of its facilities or any dangerous, unsafe or unhealthful condition.
(c) Unless otherwise posted, Greenway closure shall occur between the hours of
10:00 p.m. and 6:00 a.m. except as follows:
(1) Pedestrians crossing the Greenway on a paved section of the path;
(2) Participants or spectators of an athletic contest or approved public event in
Greenway areas;
(3) Persons attending a scheduled event in a Greenway building designated for
community recreation or instruction; or
(4) Government employees during the course of official activities.
(d) The Greenway Authority shall have the authority to eject from the Greenway any
person acting in violation of regulations contained in Sections 1228.02 to 1228.09.
4 -BEAR CREEK GREENWAY ORDINANCE
24
1228.06 RI/GULATIONS; PROHIBITIONS.
All regulations of the Greenway shall apply to and be in full force and effect within the
Greenway area unless othertivise specifically authorized by Sections 1228.02 to 1228.09 or
by declaration of the Greenway Authority or local unit of government independent of each
other as a representative of each applicable jurisdictional boundary affected by the
Greenway.
(a) Closure: No person shall enter the Greenway or area which has been closed if
notice of prohibited entry has been posted.
(b) Basic Speed Rule:
(1) A person conunits the offense of violating the basic speed rule if the person
drives bicycles, skates or rides a horse upon the Greenway at a speed greater
than is reasonable and prudent, having due regard to all the following:
A. The traffic.
B. The surface and width of the pathway.
C. The hazard at intersections.
D. Weather.
E. Visibility.
F. Any other conditions then existing.
(2) In no case shall a person drive a bicycle, skate or ride a horse in speeds in
excess of fifteen (15) miles per hour, unless otherwise posted.
(c) Obstruction of the Right of Wav: No person, unless specifically authorized, shall:
(1) Stand, gather with others upon any street, street crossing, sidewalk, trail or
area within the Greenway in a manner that obstructs free passage of users of
the Greenway; or
(2) Place, cause to be placed, or permit to remain on any street, sidewalk, trail or
area within the Greenway anything that obstructs or interferes with such area
or interferes with the normal flow of users of the Greenway.
(d) Vehicles/horses:
(1) No unauthorized person shall operate, park, stand or use any motorized
vehicle, or ride or lead a horse within the Greenway, except in areas provided,
maintained or designated for such purpose.
5 -BEAR CREEK GREENWAY ORDINANCE
25
(2) Horses are permitted only on posted equestrian trails, where located.
(3) The provisions of Subsections (1) and (2) of this Section do not apply to
governmental officials or their agents acting within their official capacity.
(e) Animals:
(1) Companion animals are allowed if on a leash no longer than six feet and in
strict control of its keeper.
(2) No person within the Greenway shall allow any pet or animal in his or her
custody:
A. to annoy or molest any person; or
B. to be tied up and left unattended; or
C. except for areas provided, maintained or designated for such purpose, to
deposit its waste on any street, sidewalk, trail or managed landscape area
unless the person immediately removes the waste from the area.
(3) No horse or pack animal shall be tied, secured or hobbled in such a manner as
to injure any tree, shrub or Greenway improvement.
(4) No person shall cause or knowingly permit livestock within the Greenway.
(f) Access to Private Lands: No person shall use the Greenway to gain unauthorized
access to private property adjacent or otherwise to the Greenway.
(g) Property Destruction: No unauthorized person shall:
(1) Pick, cut, mutilate, blaze, paint or remove any flowers, shrubs, foliage, trees
or plant life, or property of any kind, within the Greenway area without
written permission therefor from the Greenway Authority;
(2) Mutilate, deface, damage, move or remove any Greenway equipment,
including but not limited to streets, sidewalks, bicycle paths or any part of the
public right-of--way, tables, benches, buildings, signs, markers, plaques,
barriers, fountains, faucets, traffic recorders or other structures or facilities of
any kind within the Greenway area; or
(3) Dig, dredge, deface or remove any dirt, stones, rocks, artifacts or other
substances, make any excavation, quarry any stones or other objects or cause
6 -BEAR CREEK GREENWAY ORDINANCE
fi
or assist in doing any of such things within the Greenway area, except upon
written permission from the Greenway Authority.
(h) Fires:
(1) Unless specifically authorized, no person shall build, light or maintain any
fire, portable gas, gasoline or oil stoves or other portable cooking devices, or
leave a fire unattended, throw or deposit any burning substance, or other
substance capable of burning or combustion within the Greenway.
(2) A person shall be responsible for damage resulting from fires caused by said
person and for the cost of suppressing such fires.
(i) Offensive littering:
(1) No person shall:
A. Throw, dump, deposit or leave any trash, refuse, garbage, litter, cigarettes
or tobacco products, or waste material within the Greenway area, except
in receptacles designated by the Greenway Authority for that purpose;
B. Bring into the Greenway area any trash, refuse, garbage, litter, waste
material or vehicle for the purpose of leaving it therein;
C. Wash any clothing or other materials in the waters of any pond or stream,
or throw, dump or deposit into such waters, or onto the banks thereof, any
trash, refuse, garbage, litter, waste material or other polluting product of
any kind. Pollution and waste, for the purpose of this Subsection, are as
defined in ORS 468B.005(3) and (7).
(2) In addition to fine imposed pursuant to violation of any provision of this
Section, violator is responsible for any and all costs resulting from necessary
response, clean up, or damage caused by the act of offensive littering.
(j) Camnin~:
(1) Unless specifically authorized, no person shall camp or dwell within the
Greenway, or under any bridge or viaduct within the Greenway area.
(2) Violation of Subsection (1) of this Section is subject to the rules of
notification and removal of persons and property set forth in ORS 203.077
7 -BEAR CREEK GREENWAY ORDINANCE
2'7
and adopted under Jackson County Code Sections 1078.03 to 1078.09.
Standard penalties asset forth in Section 1228.09 shall not be imposed for the
first violation of this Section.
(k) Peddlers and Solicitors; Advertising Suns:
(1) Unless otherwise specifically permitted by the Greenway Authority or other
appropriate local governmental authority, no person shall, within the Greenway:
A. Operate a concession, either fixed or mobile, or engage in the business of
soliciting, selling or peddling goods, wares, merchandise, liquids or
edibles for human consumption;
B. Advertise in any manner, including but not limited to distributing
circulars, or using fixed or mobile display; or
C. Erect any sign, marker or inscription.
(2) Unauthorized signing or trail marking is prohibited.
(1) Alcoholic Beverages: Possessing or drinking alcoholic beverages within the
Greenway is prohibited.
(m) Firearms Air Guns and Other Weapons: No person, other than law enforcement
officers performing their official duties, shall discharge any firearm, air gun, pellet gun, bow
and arrow, slingshot or other projectile propelling device within the Greenway.
(n) Fireworks: No person shall possess or use fireworks or explosives of any type
within the Greenway.
(o) Hunting: Unless specifically authorized, no person shall, or attempt, to pursue,
hunt, trap, kill or injure any wild bird or animal within, into or out of the Greenway area.
(p) Noise: Loudspeakers, public address systems and amplified musical instruments
are allowed within the Greenway only upon approval from the Greenway Authority or other .
appropriate local governmental authority.
1228.07 SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion of Sections 1228.02 to 1228.09
is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision, and such
holding shall not affect the validity of the remaining portions thereof.
8 -BEAR CREEK GREENWAY ORDINANCE
28
1228.08 JURISDICTION; ENFORCEMENT.
(a) Persons are subject to the jurisdiction of that unit of local government in which the
violation has alleged to have been committed.
(b) Enforcement of this code may be performed by any law enforcement officer whose
jurisdictional boundaries include or are adjacent to the Greenway, or by any enforcement
personnel as designated by the Greenway Authority.
1228.09 VIOLATIONS/PENALTY.
(a) Unless provided otherwise, violations of any provision ofthis ordinance shall, upon
conviction, be punished by a fine set by that unit of local government in which the violation
has been committed.
(b) Violations committed within the jurisdiction of Jackson County shall, upon
conviction, be punished by a fine of not more than $250.00 per incident.
Dated this 10th day of November , 1999.
JACKSON COUNTY BOARD OF COMMISSIONERS
Ric Holt, Chair
APPROVED AS TO FORM:
County Counsel
ATTEST:
Recording Secretary
9 -BEAR CREEK GREENWAY ORDINANCE 2 9
Central Point City Hall
Interoffice Memo
To: Tom Humphrey, Planning Director
From: Jim Bennett, City Administrator
Date: Apri13, 2000
Subject: Bear Creek Greenway Ordinance
City of Centrai Point
~~:IiIEIT ctE tr
Planning Deparhnent
Tom -Attached is an ordinance that was adopted by Jackson County in
November of Last year. Its purpose is to better regulate the use of the
Greenway. There have been numerous problems over the years with vagrancy
and illegal camping within the Greenway and this ordinance was meant to
address that. It gives each agency that has jurisdiction over a certain part
of the Greenway the authority to enforce the County's ordinance there.
I sent a copy to Doug for his review and he feels that, if the City wants to
regulate use of the Greenway, it should develop its own ordinance for that
purpose. Let's have the Planning Commission look at this and get their
recommendation on how to proceed.
30
o`t
~ , ~~
r ~ i
U , ,~ Z
~2~ °t~ c~' ,a~~
City of Central Point
FAX
~~~~~f..~~ ~~b~ ~~
To: Doug Engle, City Attorney
Fax #: 770-1189
From: Jim Bennett, City Administrator
Fax #: (541) 664-6384
Date: March 6, 2000
Subject: Jackson County Bear Creek Greenway Ordinance
Doug -This ordinance was forwarded to me from Jackson County.
It establishes standards for use of the greenway and authorizes
local jurisdictions through which the greenway passes to enforce
the ordinance. Do we need to include this within our own
municipal code in some manner, such as incorporation by
reference or writing a new code section, or can we just use it as it
was intended by Jackson County? I would appreciate it if you
would give this some thought and let me know what you think.
Jim
City of Central Point r 155 So. 2nd Street r Central Point OR 97502 r (541) 664-3321 r Fax (541) 664-6384
31