HomeMy WebLinkAboutOrdinance 2012ORDINANCE NO. aOI
AN ORDINANCE AMENDING SECTION 8.02.010 DEFINITIONS CHRONIC
NUISANCE PROPERTY OF THE CENTRAL POINT MUNICIPAL CODE
RECITALS:
1. Words lined through are to be deleted and words in bold are added.
2. Oregon Measure 91 and House Bill 3460 Failed to address local concerns
regarding the growth of medical and home-grown recreational marijuana.
As a "home -rule" city, Central Point believes marijuana -related impacts to
the safety, welfare and property of Central Point residents is important and
feels the need to address related concerns.
3. The Central Point City Council has recently amended the Municipal Code
to apply new regulations regarding home-grown marijuana and medical
marijuana as it pertains to residential property.
4. Although specifically regulated via city ordinance, medical and homegrown
recreational marijuana have the potential to negatively impact adjacent
property and property owners.
5. The Central Point City Council believes the proposed chronic nuisance
ordinance amendments, to include medical and recreational marijuana,
are prudent.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Section 8.02.010 Definitions is hereby amended as follows:
Sections:
Chapter 8.02
CHRONIC NUISANCE PROPERTY
8.02.010 Definitions.
8.02.010 Definitions.
For purposes of this chapter, the following definitions apply:
"Chronic nuisance property" means property on which two or more nuisance activities
(as defined below) have occurred during any thirty -day period; property on which, or
Ordinance No.a,o (,x(052815)
within two hundred feet of, any person associated with the property has engaged in two
or more nuisance activities during any thirty -day period; or property which, upon request
for execution of a search warrant, has been the subject of a determination by a court
that probable cause that possession, manufacture, or delivery of a controlled substance
or related offenses under Oregon law have occurred within the previous thirty days; and
the execution of the search warrant has resulted in the discovery of such controlled
substances, and/or property on which two or more citations for violations of the
Nuisance Ordinance Chapter 8.04 have been served on the owner, tenant, agent,
guest or licensee of the property in any consecutive thirty (30) day period.
"Nuisance activities" means any of the following activities, behaviors or criminal
conduct, as defined under Oregon state law: harassment; intimidation; disorderly
conduct; assault or menacing; sexual abuse, contributing to the delinquency of a minor,
or sexual misconduct; public indecency; prostitution or related offenses; alcoholic liquor
violations; theft; arson or related offenses; possession, manufacture, or delivery of a
controlled substance or related offenses; illegal gambling; criminal mischief; any attempt
to commit (as defined by ORS 161.405), or conspiracy to commit (as defined by
ORS 161.455), any of the above offenses; unlawful discharge of a firearm; unlawful
operation of sound -producing or reproducing equipment or unnecessary noise.
"Control" means the ability to regulate, restrain, dominate, counteract or govern conduct
that occurs on a property.
"Person in charge" means any person, in actual or constructive possession of a
property, including but not limited to an owner or occupant of property under his or her
dominion, ownership or control.
'Permit' means to suffer, allow, consent to, acquiesce by failure to prevent, or expressly
assent or agree to the commission of an act.
"Person" means any natural person, agent, association, firm, partnership or corporation
capable of owning, occupying or using property in the city of Central Point.
"Property" means 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
Ordinance NoADQ` (052815)
including without limitation other structures erected on the property and areas used for
parking, loading and landscaping.
"Person associated with" means any person who, on the occasion of a nuisance activity,
has entered, patronized, visited, or attempted to enter, patronize or visit, or waited to
enter, patronize or visit a property or person present on a property, including without
limitation any officer, director, customer, agent, employee, or any independent
contractor of a property, person in charge, or owner thereof.
SECTION 2. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word Ordinance may be changed to "code", "article", "section", "chapter",
or other word, and the sections of this Ordinance may be renumbered, or re -lettered,
provided however that any Whereas clauses and boilerplate provisions need not be
codified and the City Recorder is authorized to correct any cross references and any
typographical errors.
SECTION 3. Effective Date. The Central Point City Charter states that an ordinance
enacted by the council shall take effect on the thirtieth day after its enactment. The
effective date of this ordinance will be the thirtieth day after the second reading.
PASSED by the Council and signed by me in authentication of its passage this ACL
4\
of2015.
Mayor Hank Williams
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Recorder
Ordinance No. a_QQ052815 )